reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 23 - Lower Smoky Hill Water Supply Access Program › 82a-2321 Same; special irrigation district; members; charges and assessments.

82a-2321. Same; special irrigation district; members; charges and assessments.
(a) The costs of the water supply access storage shall be paid from funds of the special irrigation district, and from any fees and assessments of members. In order to finance the operations of the special irrigation district, the governing board may assess an annual water use charge against every member. Such governing board shall base such charge upon the amount of water allocated for such member's use pursuant to that member's water right.
(b) Before any assessment is made or user charge imposed, the governing board shall submit the proposed budget for the ensuing year to the eligible voters of such district at a hearing to be held during the annual meeting. Following the hearing, the governing board shall, by resolution, adopt either the proposed budget or a modified budget and determine the amount of land assessment or user charge, or both, needed to support such budget.
(c) All dues, charges, fees and assessments against lands within the special irrigation district shall be certified to the proper county clerks and collected the same as other taxes in accordance with K.S.A. 79-1801, and amendments thereto, and the amount thereof shall attach to the real property involved as a lien in accordance with K.S.A. 79-1804, and amendments thereto. All moneys so collected shall be remitted by the county treasurer to the treasurer of the special district who shall deposit them to the credit of the general fund of the special irrigation district. The accounts of the special irrigation district shall be audited annually by a public accountant or certified public accountant.
History:
L. 2011, ch. 89, § 21; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 23 - Lower Smoky Hill Water Supply Access Program › 82a-2322 Same; special irrigation district; fund; uses.

82a-2322. Same; special irrigation district; fund; uses.
A fund shall be created by the special irrigation district for payment of the costs of water supply access storage. Any moneys received by such special irrigation district for charges, fees, assessments and sales of water shall be credited to such fund. Such fund shall be used solely to pay the costs related to acquiring water supply access storage and the operation of the special irrigation district.
History:
L. 2011, ch. 89, § 22; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 23 - Lower Smoky Hill Water Supply Access Program › 82a-2323 Same; special irrigation district; expiration of provisions.

82a-2323. Same; special irrigation district; expiration of provisions.
If the special irrigation district authorized pursuant to this act is not formed by December 31, 2020, the provisions of K.S.A. 82a-2315 through 82a-2322, and amendments thereto, shall expire.
History:
L. 2011, ch. 89, § 23; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 23 - Lower Smoky Hill Water Supply Access Program › 82a-2324 Same; rules and regulations.

82a-2324. Same; rules and regulations.
The Kansas water office shall adopt rules and regulations to implement the lower smoky hill water supply access program.
History:
L. 2011, ch. 89, § 24; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 24 - Reservoir Improvement District Act › 82a-2402 Reservoir improvement district act; definitions.

82a-2402. Reservoir improvement district act; definitions.
As used in this act, unless context otherwise requires:
(a) "Board" means the board of directors of a reservoir improvement district;
(b) "district" means a reservoir district for which organization is proposed or has been organized under the provisions of this act, and amendments thereto;
(c) "eligible water right holder" means any person:
(1) Holding a water right or permit, pursuant to K.S.A. 82a-701 et seq., and amendments thereto, to appropriate water from a reservoir;
(2) with a contract to withdraw and use water pursuant to K.S.A. 82a-1301 et seq., and amendments thereto; or
(3) with a water appropriation right in a water assurance district pursuant to K.S.A. 82a-1330 et seq., and amendments thereto;
(d) "general plan" means a preliminary engineering report describing the characteristics of the reservoir, the nature and methods of dealing with the bed and water problems in the reservoir or the reservoir watershed and the projects proposed to be undertaken by the district. It shall include maps, descriptions and any other data as may be necessary for the location, identification and establishment of the character of the work to be undertaken and any other data and information as the director of the Kansas water office may require;
(e) "person" means any person, firm, partnership, association or corporation;
(f) "specific project" means any project outlined and proposed by the board of directors and may constitute all or part of the general plan;
(g) "steering committee" means the group of eligible water right holders, not less than the number to be chosen for the board of directors, who shall serve as the governing body of the proposed reservoir improvement district until the first board of directors is elected;
(h) "water right" shall have the meaning provided in K.S.A. 82a-701, and amendments thereto; and
(i) "watershed" means all the area within the state draining toward a selected point on a reservoir.
History:
L. 2012, ch. 97, § 2; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 24 - Reservoir Improvement District Act › 82a-2403 Same; organization of district.

82a-2403. Same; organization of district.
Before any reservoir improvement district is organized, a petition shall be filed in the office of the secretary of state, signed by the eligible water right holders who have water rights totaling more than 20% of the combined quantities of all eligible water rights within the proposed district as shown by a verified enumeration of the eligible water right holders and the total combined quantities of all eligible rights taken by the director of the Kansas water office. A verified copy of the enumeration shall be attached to and filed with the petition in the office of the secretary of state.
History:
L. 2012, ch. 97, § 3; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 24 - Reservoir Improvement District Act › 82a-2404 Same; petition requirements.

82a-2404. Same; petition requirements.
(a) Every petition filed pursuant to K.S.A. 82a-2403, and amendments thereto, shall state:
(1) The name of the proposed district which shall include the name of the reservoir and end with the words "reservoir improvement district";
(2) a list of the water rights, by file number as recorded in the Kansas water office, to be included within the proposed district;
(3) a statement of the purposes for which the district is to be organized;
(4) a statement of the number of persons that will constitute the board of directors of the district, which shall be an odd number of not less than three nor more than five, together with the names and addresses of the persons who will constitute the original steering committee;
(5) any other matter deemed essential; and
(6) a request for the organization of the district as a nonprofit corporation.
(b) The petition shall be in substantially the following form:
BEFORE THE SECRETARY OF STATE OF THE STATE OF KANSAS
In the Matter of __________ Reservoir Improvement District
PETITION
Come now the undersigned persons and state that they own water rights or are an eligible water right holder in the_________________________ reservoir, for which a reservoir improvement district is proposed, and that each signer states that the signer's respective post office address is set forth beside the signer's name. That the purposes for which this district is organized are (state purposes). That a steering committee for the organization of the district is hereby fixed and constituted with five members; that the names of persons who will serve on the original steering committee, of which the first named shall be acting chairperson, and their respective addresses are as follows:
(List names and addresses.)
The governing body of the district shall be constituted in a board of directors composed of (number) qualified members.
Wherefore, the undersigned, individually and collectively, request that a reservoir improvement district be organized in the manner provided by law, for the purposes set forth herein, and that the secretary of state and the director of the Kansas water office proceed diligently in the performance of their duties so that the organization of this proposed district may be completed and approved at the earliest possible time.
Submitted to the secretary of state this ______ day of __________, ____.
History:
L. 2012, ch. 97, § 4; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 24 - Reservoir Improvement District Act › 82a-2405 Same; circulation of petition; duties of secretary of state relating to petition.

82a-2405. Same; circulation of petition; duties of secretary of state relating to petition.
A copy of the full petition, as required by K.S.A. 82a-2403, and amendments thereto, shall be circulated among the eligible water right holders of the proposed district. All counterparts shall be filed with the secretary of state at the same time and shall be received and treated by the secretary as a single petition. The secretary of state shall determine the sufficiency or insufficiency of the petition on the basis of the information as to the number and qualification of signers as shown by the verified enumeration filed with the petition. The secretary of state shall endorse the findings and the date thereof on the face of the petition and shall notify in writing the person designated in the petition as the acting chairperson of the steering committee of the findings.
History:
L. 2012, ch. 97, § 5; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 24 - Reservoir Improvement District Act › 82a-2406 Same; investigation by water office; report of findings.

82a-2406. Same; investigation by water office; report of findings.
(a) If the secretary of state finds the petition, as required by K.S.A. 82a-2403, and amendments thereto, to be sufficient as to form and the number and qualifications of the petitioners, the secretary of state shall prepare a certified copy of the petition and transmit the same to the director of the Kansas water office within five days from the date of such finding. Upon receipt of such certified copy, the director of the Kansas water office shall institute an investigation of the proposed district, its water usage and purposes. Within 90 days after receipt of the copy, the director of the Kansas water office shall transmit a written report of the findings on the petition and the director's written approval or disapproval of the petition to the secretary of state and the acting chairperson of the steering committee named in the petition.
(b) The director of the Kansas water office shall approve such petition if the director finds that construction of works of improvement on the reservoir for which the district is proposed would benefit the sustainability, conservation and maintenance of such reservoir.
If the director of the Kansas water office approves such petition, the director shall transmit a certified copy of the report containing all findings to the secretary of state and to the chairperson of the steering committee named in the petition.
History:
L. 2012, ch. 97, § 6; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 24 - Reservoir Improvement District Act › 82a-2407 Same; formation of district; election required, procedure; certificate of incorporation.

82a-2407. Same; formation of district; election required, procedure; certificate of incorporation.
(a) Within 10 days after receipt of a certified copy of the report from the director of the Kansas water office approving the petition or the petition as amended, the chairperson of the steering committee of the proposed district shall call a meeting of the committee by mailing a written notice fixing the time and place of such meeting to each eligible water right holder in the proposed district. The committee shall meet at the time and place fixed in the notice for the purpose of adopting a resolution giving notice of an election at which all eligible water right holders shall be entitled to vote on the question of whether the district should be formed in accordance with the petition as approved by the director. A copy of such resolution shall be mailed to all eligible water right holders of the proposed district not less than 21 days prior to such vote. The resolution shall state when and where the election shall be held and the proposition to be voted on. It shall contain a copy of the petition as approved by the director and shall be signed by the chairperson and attested by the secretary of the steering committee. The steering committee shall conduct the election, canvass the vote and certify the results to the secretary of state and to the director of the Kansas water office.
(b) If eligible water right holders representing more than 50% of the combined quantities of the eligible water rights of the proposed district vote in favor of the organization and creation of the district, the secretary of state shall issue a certificate of incorporation for the district to the steering committee, such certificate shall be filed in the office of the register of deeds of each county in which all or a portion of the district lies. Upon the recordation of the certificate of incorporation, the district shall be authorized to function in accordance with the provision of this act and its certificate of incorporation.
(c) If eligible water right holders representing more than 50% of the combined quantities of the water rights within the proposed district vote against the organization and creation of the district, the secretary of state shall endorse that fact on the face of the petition and the proceedings shall be closed.
(d) No action attacking the legal incorporation of any reservoir improvement district organized under this section shall be maintained unless filed within 90 days after the issuance of the certificate of incorporation for such district by the secretary of state, nor shall the alleged illegality of the incorporation of any such district be interposed as a defense to any action brought after such time.
History:
L. 2012, ch. 97, § 7; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 24 - Reservoir Improvement District Act › 82a-2408 Same; payment of costs and expenses when district is disapproved or defeated.

82a-2408. Same; payment of costs and expenses when district is disapproved or defeated.
If the organization of the proposed reservoir improvement district is defeated at the election or if the petition is disapproved by the director of the Kansas water office, the steering committee named in the petition shall determine the amount of money necessary to pay all of the costs and expenses incurred in the preparation and filing of the petition, and in the conduct of the election and the steering committee shall assume the obligation for the payment of such costs and expenses by assessing the eligible water right holders a fee in proportion to each such holder's water right to the total of such water right. No cost shall be assessed by any state agency.
History:
L. 2012, ch. 97, § 8; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 24 - Reservoir Improvement District Act › 82a-2409 Same; board of directors, powers, composition, terms, compensation.

82a-2409. Same; board of directors, powers, composition, terms, compensation.
All powers granted to reservoir improvement districts incorporated under the provisions of this act shall be exercised by a board of directors which shall be composed of an odd number of directors not less than three nor more than five as specified in the petition for creation of the district. Each director shall serve for a term of three years, and until a successor is elected and qualified, except that as nearly as possible 1/3 of the original board members designated in the petition for organization of the district shall serve for a term of one year, 1/3 for a term of two years and 1/3 for a term of three years. Such directors shall serve without compensation, but shall be allowed actual and necessary expenses incurred in the performance of their official duties.
History:
L. 2012, ch. 97, § 9; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 24 - Reservoir Improvement District Act › 82a-2410 Same; election of board of directors; conduct of business; filling vacancies.

82a-2410. Same; election of board of directors; conduct of business; filling vacancies.
(a) Within not more than 90 days after the recording of the certificate of incorporation, a meeting open to all eligible water right holders of the district shall be held by the steering committee for the election of the initial board of directors of the district. A notice of the meeting shall be mailed to all eligible water right holders by the steering committee at least 10 days prior to the date thereof.
(b) Each eligible water right holder shall have one vote and one additional vote for every 10% of the combined quantities of all water rights within the district. Each eligible water right holder in the district shall be entitled to vote for as many candidates as the number of directors that are to be elected.
(c) The candidates receiving the greatest number of votes cast shall respectively be declared elected. The board of directors, after being duly elected, shall elect from its number a president, vice-president, secretary and a treasurer. In districts having only three directors, the board shall elect one director to hold the offices of secretary and treasurer.
(d) A majority of the directors shall constitute a quorum for the transaction of business and a majority of those voting shall determine all actions taken by the board. In the absence of any of the duly elected officers, those directors present at any meeting may select a director to act as an officer pro tem.
(e) The elected board shall fill any vacancy occurring on the board prior to the expiration of the term of any director by selecting a replacement from among the eligible water right holders of the district to serve for the unexpired term.
History:
L. 2012, ch. 97, § 10; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 24 - Reservoir Improvement District Act › 82a-2411 Same; district meetings, purpose.

82a-2411. Same; district meetings, purpose.
(a) In not less than 12 months, nor more than 13 months after the recording of the certificates of incorporation, and annually thereafter, a meeting shall be held for the election of directors whose terms expire and also to render a report on the financial condition and activities of the district, including the estimated construction date of all proposed projects to be initiated within the next five years and the board's determination as to whether each of these projects is still cost effective and in the current public interest. Notice of the annual meeting shall be given at least 10 days prior to the date thereof to all members in the district.
(b) The number of directors of a district or the date of the annual meeting, or both, may be changed at an annual meeting if notice of the proposed changes is included in the notice for the annual meeting at which such changes are to be considered.
(c) Copies of the minutes of the annual meeting and report on the financial condition and activities of the district shall be furnished to the eligible water right holders of the district and the Kansas water office.
History:
L. 2012, ch. 97, § 11; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 24 - Reservoir Improvement District Act › 82a-2412 Same; meetings of board of directors; notice.

82a-2412. Same; meetings of board of directors; notice.
Regular meetings of the board of directors shall be held no less than once each quarter on a day and place as is selected by the board of directors. Notice of such meeting shall be mailed to each director at least five days before the date of the meeting. Special meetings may be held at any time upon waiver of notice of such meeting by all directors or may be called by any two directors at any time. Notice in writing, signed by the persons calling any special meeting, shall be mailed to each director at least two days prior to the time fixed for such special meeting. A majority of directors shall constitute a quorum for the transaction of business and in the absence of any of the duly elected officers of the district a quorum at any meeting may select a director to act as such officer pro tem. Each meeting of the board, whether regular or special, shall be open to the public. Copies of the minutes of regular and special meetings shall be furnished to the eligible water right holders of the district and the Kansas water office.
History:
L. 2012, ch. 97, § 12; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 24 - Reservoir Improvement District Act › 82a-2413 Same; powers of districts.

82a-2413. Same; powers of districts.
Each reservoir improvement district incorporated under the provisions of this act shall be a body politic and corporate and shall have the power to:
(a) Adopt a seal;
(b) sue and be sued by its corporate name;
(c) purchase, hold, sell and convey real and personal property and to execute such contracts as the board of directors deems necessary or convenient to enable it to carry out the purpose for which organized;
(d) construct, improve, maintain or operate works of improvement including such works necessary for the sustainability of reservoirs, including the conservation and maintenance of water for domestic, municipal, agricultural or industrial use;
(e) employ such professional, technical and clerical services and other assistance as deemed necessary by the board of directors;
(f) acquire real or personal property by gift;
(g) impose charges and incur indebtedness within the limitations prescribed by this act;
(h) cooperate and contract with:
(1) Persons, firms, associations, partnerships and private corporations;
(2) other reservoir improvement districts, watershed districts, drainage districts, cities of classes of this state;
(3) other local, state and federal governmental agencies; or
(4) drainage districts, watershed districts or other public corporations organized for similar purposes in any adjoining state;
(i) dissolve the district as provided for in this act;
(j) select a residence or home office for the reservoir improvement district, which shall be at a place in a county where the reservoir or any part of the reservoir is located; and
(k) take any other action necessary to achieve the purposes of the reservoir improvement district.
History:
L. 2012, ch. 97, § 13; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 24 - Reservoir Improvement District Act › 82a-2414 Same; district general plan; creation, approval; report by director of Kansas water office.

82a-2414. Same; district general plan; creation, approval; report by director of Kansas water office.
(a) Upon the incorporation of the reservoir improvement district, the board shall cause work to be commenced on the preparation of a general plan of the district. In addition, there shall be prepared an estimate of costs as to installation, maintenance and operation of the proposed improvements. Upon completion of the general plan and estimates of costs, the board shall carefully examine and consider such plan. If they approve the general plan and estimate of cost, they shall transmit a complete copy of the general plan to the director of the Kansas water office and additional copies shall be made available upon request by the director of the Kansas water office. Copies of such plans, estimates and information in the Kansas water office shall be open to inspection by the public at all reasonable times.
(b) The director of the Kansas water office shall examine and study such general plans as to:
(1) Feasibility;
(2) coordination of the plan with any other plan for the reservoir for which the district is formed;
(3) the safety of the works and improvements proposed; and
(4) conformity with the intents and purposes of this act.
(c) The director of the Kansas water office shall transmit a written report of the results of such study and investigation to the board of directors, which shall include any changes or modifications which have been deemed necessary and which shall include a specific approval or disapproval of the general plan.
History:
L. 2012, ch. 97, § 14; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 24 - Reservoir Improvement District Act › 82a-2416 Same; specific projects; review of general plan.

82a-2416. Same; specific projects; review of general plan.
(a) Following the adoption of the general plan and adoption of the method of financing, the board of directors may determine the order in which specific projects contemplated by the general plan shall be undertaken. The board shall then cause accurate surveys of all work deemed necessary to be done and accurate estimates and calculations to be made by a competent engineer who shall prepare detailed construction plans and specifications showing the location, amount, and character of work to be done and the estimated cost of right of way, construction, maintenance and operation, which plans, specifications and estimates of costs shall be filed in the office of the secretary of the board and shall at all reasonable times be open to public inspection. The board shall carefully examine and consider the same and if they approve such plans, specifications and estimates of costs, they shall transmit a complete copy thereof to the director of the Kansas water office, who shall examine and study the plans and specifications as to conformance to the general plan and other applicable state laws on water use and control and transmit a written report of the results of the director's study and investigation to the board which report shall include any changes or modifications, which the director deems necessary, and which shall include a specific approval or disapproval of the plans and specifications.
(b) Ten years following approval of the general plan and every five years thereafter, the board shall review the general plan to determine if projects proposed to be undertaken by the district in its original plan are still feasible. A report of the review shall be given at a public meeting called for that purpose. This review is not required of reservoir improvement districts that have completed all the projects in the general plans.
Any revisions or amendments to the general plan shall be submitted to the director of the Kansas water office in the manner provided by K.S.A. 82a-2414, and amendments thereto.
History:
L. 2012, ch. 97, § 16; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 24 - Reservoir Improvement District Act › 82a-2417 Same; act supplemental.

82a-2417. Same; act supplemental.
This act shall be deemed to be supplemental to existing laws relating to watershed districts, drainage districts, flood control, irrigation, soil conservation and related matters.
History:
L. 2012, ch. 97, § 17; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 24 - Reservoir Improvement District Act › 82a-2418 Same; dissolution of district, procedures.

82a-2418. Same; dissolution of district, procedures.
(a) The board of directors of any reservoir improvement district, by resolution, may dissolve such district if such district has been incorporated under the provisions of this section for more than eight years and has not:
(1) Adopted a general plan of work and projects to be undertaken by the district;
(2) constructed or contracted to construct any works of improvement; or
(3) incurred any continuing obligations for maintenance of any works of improvement.
(b) The board of directors of any reservoir improvement district, by resolution, may dissolve such district if such district has been incorporated under the provisions of this section for more than four years and has not made substantial progress toward a general plan or work and projects to be undertaken by the district.
(c) A resolution to dissolve a reservoir improvement district shall be adopted by a 2/3 vote of all members of the board that are present and voting, but in no event less than a majority of all board members at a special meeting called for the purpose of dissolving the district.
(d) Notice of the special meeting to dissolve the district shall specify the purpose for which the meeting is to be called, provide for the calling of an election of eligible water right holders for the purpose of determining whether such district shall be dissolved. The board shall provide for the calling of such an election if written petitions signed by 20% of eligible water right holders in the district, as shown by a verified enumeration of such water rights are filed with the secretary of the board.
(e) The election to determine whether the district shall be dissolved shall be held and conducted in the same manner as provided by K.S.A. 82a-2407, and amendments thereto, insofar as such provisions can be made applicable. If a majority of those voting on the proposition voted in favor of dissolution of the district, the board shall immediately certify the results of such election to the secretary of state, and the secretary of state thereupon shall issue and deliver to the secretary of such board a certificate of dissolution.
History:
L. 2012, ch. 97, § 18; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 24 - Reservoir Improvement District Act › 82a-2419 Same; certificate of dissolution; payment of obligations; publication of dissolution.

82a-2419. Same; certificate of dissolution; payment of obligations; publication of dissolution.
(a) Upon receipt from the secretary of state of the certificate of dissolution of the reservoir improvement district under the provisions of this act, the secretary of the board of directors of the reservoir improvement district shall notify the directors of the reservoir improvement district of such certification.
(b) The directors shall immediately pay all obligations of said district, including all costs incurred by the district, the director of the Kansas water office and the secretary of state in regard to the dissolution proceedings.
(c) Upon receipt of such notification from the state treasurer, the secretary of the district shall have the certificate of dissolution published once in a newspaper of general circulation, located in a county where the reservoir or a part thereof is located and proof of such publication shall be filed with the secretary of state's office. The effective date of the dissolution, unless otherwise provided, shall be the date on which the proof of publication is filed in the office of the secretary of state, but in no event shall the date of dissolution be a date prior to the date of publication of the certificate of dissolution.
History:
L. 2012, ch. 97, § 19; July 1.
2023 Kansas Statutes › Chapter 82a - Waters And Watercourses › Article 24 - Reservoir Improvement District Act › 82a-2420 Same; funds apportioned upon dissolution.

82a-2420. Same; funds apportioned upon dissolution.
Any funds of a reservoir improvement district which is totally disorganized and dissolved under the provisions of this act shall be apportioned and paid back to the eligible water right holders in the same proportion as used in assessing fees. The reservoir improvement district treasurer, upon notification of receipt of a certificate of dissolution, shall immediately pay the amounts due each eligible water right holder, as such eligible water right holder may be entitled to receive.
History:
L. 2012, ch. 97, § 20; July 1.
2023 Kansas Statutes › Chapter 83 - Weights And Measures › Article 1 - Authorized Standards And Enforcement Provisions › 83-143 Liquefied petroleum gas; unlawful acts.

83-143.
Liquefied petroleum gas; unlawful acts.
It shall be unlawful to sell at retail or offer for sale at retail any liquefied petroleum gas except by avoirdupois weight, specified in pounds or kilograms; liquid measure, specified in gallons or liters; or vapor, specified in cubic feet, cubic meters or such other units as may be approved by the secretary of agriculture.
History:
L. 1951, ch. 331, § 1; L. 1996, ch. 146, § 4; April 18.
2023 Kansas Statutes › Chapter 83 - Weights And Measures › Article 1 - Authorized Standards And Enforcement Provisions › 83-144 Same; labeling of packages and containers.

83-144.
Same; labeling of packages and containers.
When liquefied petroleum gas is sold at retail or offered for sale at retail by weight, in packages or containers, the tare weight of the container, and the net weight of the contents shall be plainly and conspicuously marked on the outside of the container or on a label firmly attached thereto. Tare weight shall not be construed to include the valve protecting cap, which shall be removed when weighing.
History:
L. 1951, ch. 331, § 2; L. 1996, ch. 146, § 5; April 18.
2023 Kansas Statutes › Chapter 83 - Weights And Measures › Article 1 - Authorized Standards And Enforcement Provisions › 83-145 Liquefied petroleum gas; weighing and measuring devices; testing; unlawful acts.

83-145.
Liquefied petroleum gas; weighing and measuring devices; testing; unlawful acts.
(a) The secretary of agriculture, or the secretary's authorized representative, is authorized to test all weighing and measuring devices used in the retail sale of liquefied petroleum gas, and shall reject all such devices which are found to be inaccurate and to not clearly indicate the quantity of liquefied petroleum gas in kilograms or pounds, liters or gallons, cubic feet or cubic meters or other unit approved by the secretary of agriculture, or the secretary's authorized representative. The secretary of agriculture, or the secretary's authorized representative, shall conspicuously mark all rejected devices. Such mark shall not be removed or defaced except upon authorization of the secretary of agriculture or the secretary's authorized representatives. It shall be unlawful to use a vapor meter dial which is not equipped with a cubic foot indicator for testing the accuracy of the meter.
(b) It shall be unlawful to use a liquid meter for measuring the volume, in gallons, of liquefied petroleum gas for retail sale from delivery vehicles unless such meter is equipped with a ticket printer for use in issuance of printed tickets showing the volume, in gallons, of the liquefied petroleum gas delivered.
History:
L. 1951, ch. 331, § 3; L. 1970, ch. 410, § 1; L. 1996, ch. 146, § 6; L. 2001, ch. 175, § 3; July 1.
2023 Kansas Statutes › Chapter 83 - Weights And Measures › Article 1 - Authorized Standards And Enforcement Provisions › 83-146 Same; purchaser's invoice; ticket.

83-146.
Same; purchaser's invoice; ticket.
An invoice shall be submitted to the purchaser showing the quantity of liquefied petroleum gas sold, expressed in pounds, or gallons, or cubic feet, or other units approved by the secretary of agriculture. When vapor meters reading in approved units other than cubic feet are used, the invoice shall clearly indicate to the purchaser a factor to convert to cubic feet or gallons.
When liquefied petroleum gas is sold at retail by liquid volume from a delivery vehicle, a ticket issued by a liquid meter shall be used to show the quantity delivered in gallons; and the printed ticket shall clearly indicate to the purchaser the gallons of liquefied petroleum gas sold and delivered.
History: L. 1951, ch. 331, § 4; L. 1970, ch. 410, § 2; L. 1996, ch. 146, § 7; April 18.
2023 Kansas Statutes › Chapter 83 - Weights And Measures › Article 1 - Authorized Standards And Enforcement Provisions › 83-148 Liquefied petroleum gas; purchaser's credit for refilled or exchanged container, exceptions.

83-148.
Liquefied petroleum gas; purchaser's credit for refilled or exchanged container, exceptions.
Except as otherwise provided, when liquefied petroleum gas is sold by the container, either by a refilling of a container or an exchange of containers, the vendor shall give the purchaser full credit for the unused liquid remaining in a container being exchanged or refilled. The provisions of this section shall not apply to an exchange of containers when the exchanged container is delivered to the vendor by the purchaser.
History:
L. 1951, ch. 331, § 6; L. 1998, ch. 90, § 1; July 1.
2023 Kansas Statutes › Chapter 83 - Weights And Measures › Article 1 - Authorized Standards And Enforcement Provisions › 83-149 Same; penalties.

83-149.
Same; penalties.
Any person who violates any of the provisions of article 1 of chapter 83 of the Kansas Statutes Annotated, and amendments thereto, or any of the rules and regulations issued hereunder, shall be deemed guilty of a class A, nonperson misdemeanor.
History: L. 1951, ch. 331, § 7; L. 1970, ch. 410, § 3; L. 1996, ch. 146, § 8; April 18.
2023 Kansas Statutes › Chapter 83 - Weights And Measures › Article 1 - Authorized Standards And Enforcement Provisions › 83-154 Falsely making or altering scale ticket or other written records; penalty.

83-154.
Falsely making or altering scale ticket or other written records; penalty.
Every person who, with intent to defraud, shall falsely make or alter or cause or procure to be falsely made or altered any scale ticket or other written record evidencing or relating to the weight of any personal property or who shall, with intent to defraud, falsely make or alter or cause or procure to be falsely made or altered any entry or item on any such scale ticket or written record, upon conviction thereof, shall be deemed guilty of a class A, nonperson misdemeanor.
History:
L. 1957, ch. 220, § 1; L. 1996, ch. 146, § 9; April 18.
2023 Kansas Statutes › Chapter 83 - Weights And Measures › Article 1 - Authorized Standards And Enforcement Provisions › 83-155 Scale ticket or written record relating to weights; requirements; penalties for violations.

83-155.
Scale ticket or written record relating to weights; requirements; penalties for violations.
It shall be unlawful for any person who shall for hire weigh any vehicle at an attended public scale to issue any scale ticket or other written record evidencing or relating to the weight of such vehicle or the load thereon unless such scale ticket or written record shall show the following: (a) The date and time of the weighing; (b) the place of the weighing; and (c) the signature of the weigher. Any person violating any of the provisions of this section shall be guilty of a class A, nonperson misdemeanor.
History:
L. 1957, ch. 220, § 2; L. 1996, ch. 146, § 10; April 18.
2023 Kansas Statutes › Chapter 83 - Weights And Measures › Article 2 - Standards And Enforcement › 83-202 Recognized system of weights and measures.

83-202. Recognized system of weights and measures.
(a) Except as provided further:
(1) The system of weights and measures in customary use in the United States and the metric system of weights and measures are jointly recognized, and either one or both of these systems shall be used for all commercial purposes in the state.
(2) The following standards and requirements shall apply to commercial weighing and measuring devices:
(A) "The standards of the national conference on weights and measures" published in the national institute of standards and technology handbook 44 entitled specifications, tolerances, and other technical requirements for weighing and measuring devices as published on October, 1994 or later versions as established in rules and regulations adopted by the secretary, except a mechanical vehicle scale used solely to sell aggregate products shall be allowed a minimum tolerance of +/- 100 pounds. Such scale shall not be sold or moved to another location for use in commercial applications unless it complies with all applicable tolerances of the national institute of standards and technology handbook 44 entitled specifications, tolerances, and other technical requirements for weighing and measuring devices as published in October, 1994 or later versions as established in rules and regulations adopted by the secretary;
(B) "the uniform laws and regulations of the national conference on weights and measures" published in the national institute of standards and technology handbook 130 regarding packaging and labeling, the method of sale of commodities, national type evaluation regulation, motor fuel inspection and motor fuel regulation, as published on December, 1994 or later versions as established in rules and regulations adopted by the secretary;
(C) "checking the net contents of packaged goods" published in the national institute of standards and technology handbook 133, third edition, as published on September, 1988 or later versions as established in rules and regulations adopted by the secretary;
(D) "checking the net contents of packaged goods" published in the national institute of standards and technology handbook 133, third edition, supplement 4, as published on October, 1994 or later versions as established in rules and regulations adopted by the secretary; and
(E) any other handbooks or sections thereof as adopted by the secretary by rules and regulations.
(b) Whenever there exists an inconsistency between the provisions of chapter 83 of the Kansas Statutes Annotated, and amendments thereto, and any of the handbooks adopted by reference, the requirements of chapter 83 of the Kansas Statutes Annotated, and amendments thereto, shall control.
History:
L. 1985, ch. 345, § 2; L. 1992, ch. 164, § 1; L. 1996, ch. 146, § 12; L. 2001, ch. 175, § 4; L. 2003, ch. 33, § 1; L. 2005, ch. 76, § 1; L. 2011, ch. 7, § 1; July 1.
2023 Kansas Statutes › Chapter 83 - Weights And Measures › Article 2 - Standards And Enforcement › 83-203 State primary standards of weights and measures; secondary standards.

83-203.
State primary standards of weights and measures; secondary standards.
Weights and measures that are traceable to the United States prototype standards supplied by the federal government, or approved as being satisfactory by the national institute of standards and technology, shall be the state primary standards of weights and measures and shall be maintained in such calibration as prescribed by the national institute of standards and technology. All secondary standards may be prescribed by the secretary and shall be verified upon their initial receipt and as often thereafter as deemed necessary by the secretary.
History:
L. 1985, ch. 345, § 3; L. 1992, ch. 175, § 2; July 1.
2023 Kansas Statutes › Chapter 83 - Weights And Measures › Article 2 - Standards And Enforcement › 83-204 Contracts, sales or purchases construed in terms of standards of weights and measures adopted under act.

83-204.
Contracts, sales or purchases construed in terms of standards of weights and measures adopted under act.
All contracts, sales or purchases made for work to be done, or for anything to be sold or delivered or done by weight or measure within this state shall be taken and construed in terms of and according to the standards of weights and measures adopted under this act, except where parties have agreed upon any other calculations or measurement. All statements and representations of any kind referring to the weights or measures of commodities sold or purchased, or exposed for sale, shall be understood in terms of the standards of weights and measures adopted under this act.
History:
L. 1985, ch. 345, § 4; July 1.
2023 Kansas Statutes › Chapter 83 - Weights And Measures › Article 2 - Standards And Enforcement › 83-205 Weights and measures inspection program; personnel; functions.

83-205.
Weights and measures inspection program; personnel; functions.
(a) There is hereby established in the Kansas department of agriculture a weights and measures inspection program to enforce the provisions of chapter 83 of the Kansas Statutes Annotated, and amendments thereto, or any rules and regulations adopted thereunder. The program shall be under the supervision of the secretary, and the secretary shall employ an administrator of the program and appoint such personnel as may be necessary for the proper administration of chapter 83 of the Kansas Statutes Annotated, and amendments thereto. The administrator shall be in the unclassified service of the Kansas civil service act.
(b) The weights and measures inspection program shall perform the following functions:
(1) Assure that weights and measures in commercial service within the state are suitable for their intended use, properly installed, accurate and are so maintained by their owner or user;
(2) prevent unfair or deceptive dealing by weight or measure in any commodity or service advertised, packaged, sold or purchased within this state;
(3) make available to all users of physical standards or weighing and measuring equipment the precision calibration and related metrological certification capabilities of the weights and measures facilities of the Kansas department of agriculture;
(4) promote uniformity, to the extent such conformance is practicable and desirable, between weights and measures requirements of this state and those of other states and federal agencies;
(5) encourage desirable economic growth while protecting the consumer through the adoption by rule and regulation of weights and measures requirements as necessary to assure equity among buyers and sellers; and
(6) such other functions as may be specified by law or deemed necessary by the secretary to carry out the duties and functions of chapter 83 of the Kansas Statutes Annotated, and amendments thereto, or any rules and regulations adopted thereunder.
History:
L. 1985, ch. 345, § 5; L. 1996, ch. 146, § 13; L. 2004, ch. 101, § 184; July 1.
2023 Kansas Statutes › Chapter 83 - Weights And Measures › Article 2 - Standards And Enforcement › 83-207 Same; rules and regulations.

83-207.
Same; rules and regulations.
The secretary of agriculture may adopt rules and regulations necessary for the administration and enforcement of the provisions of chapter 83 of the Kansas Statutes Annotated, and amendments thereto. As a part of such rules and regulations, the secretary of agriculture shall adopt standards setting forth specifications, tolerances and other technical requirements for all weights, measures and weighing and measuring devices, and point-of-sale systems. These specifications, tolerances and other technical requirements shall conform, insofar as practicable, to the specifications, tolerances and other technical requirements for weights, measures and weighing and measuring devices established by the national institute of standards and technology. The secretary of agriculture shall prescribe by rules and regulations the appropriate term or unit of weight or measure to be used whenever the secretary determines in the case of a specific commodity that an existing practice of declaring the quantity by weight, measure, numerical count, or combination thereof, does not facilitate value comparisons by consumers, or that such practice offers an opportunity for consumer confusion.
History:
L. 1985, ch. 345, § 7; L. 1992, ch. 175, § 4; L. 1994, ch. 83, § 3; L. 1996, ch. 146, § 15; April 18.