Committee advances SB 89 to allow fees and rulemaking under Poultry Disease Control Act

The committee gave favorable final action to Senate Bill 89, which authorizes regulatory rulemaking and limited fees to support poultry disease testing and participation in a national certification program.

Under SB 89, the state health commissioner would be authorized to adopt rules and regulations to implement the Poultry Disease Control Act and to establish an annual participation fee for participation in the National Poultry Improvement Plan (NPIP), a certification fee for persons performing testing and diagnostic services (not to exceed $50), and a fee for testing per on-site visit (not to exceed $100), as described by the bill’s presenter.

Fiscal staff said the Department of Agriculture’s fiscal note — received after the initial hearing — estimates enactment would increase agency expenditures by $35,500 in FY2026 and $40,500 in FY2027 from agency fee funds to support field veterinarian surveillance, agency administration and antigen supplies. The fiscal note also estimated potential revenues from fees of $11,250 per year for certified tester registrations and about $7,000 per year for on-site testing participants.

Representative Droge asked whether participation in NPIP is voluntary; a KDHE representative explained NPIP is a voluntary program, but shipment of birds across state lines commonly requires NPIP participation and its certifications for interstate movement. Representative Neely moved to pass SB 89 favorable for passage; Representative Moser seconded. The committee approved the bill by voice vote.

Why it matters: SB 89 creates state-level rulemaking authority and a modest fee structure tied to the NPIP and testing activities. According to the fiscal presentation, fees will be used to offset program costs for surveillance and testing; the department’s projected expenditures and revenues were provided in the fiscal note. The bill was advanced to be carried by Representative Gardner.