reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 19 - Conservation Districts › 2-1901 Title of act; "soil conservation district" defined.

2-1901.
Title of act; "soil conservation district" defined.
This act may be known and cited as the conservation districts law. All soil conservation districts now formed and hereafter formed shall be conservation districts, and wherever in the name of such districts the words, "soil conservation district" appears the same is hereby changed to "conservation district." Whenever in the statutes of this state the term "soil conservation district" shall appear, the reference shall be deemed to be "conservation district."
History:
L. 1937, ch. 5, § 1; L. 1972, ch. 5, § 1; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 19 - Conservation Districts › 2-1903 Definitions.

2-1903. Definitions.
As used in this act:
(1) "District" or "conservation district" means a governmental subdivision of this state, and a public body corporate and politic, organized in accordance with the provisions of this act, for the purposes, with the powers, and subject to the restrictions hereinafter set forth.
(2) "Supervisor" means one of the members of the governing body of a district, elected or appointed in accordance with the provisions of this act.
(3) "Commission" means the conservation program policy board created in K.S.A. 2-1904, and amendments thereto, including the state conservation commission continued in existence by K.S.A. 74-5,128, and amendments thereto.
(4) "State" means the state of Kansas.
(5) "Agency of this state" includes the government of this state and any subdivision, agency or instrumentality, corporation or otherwise, of the government of this state.
(6) "United States" or "agencies of the United States" includes the United States of America, the natural resources conservation service of the United States department of agriculture and any other agency or instrumentality, corporate or otherwise, of the United States of America.
(7) "Government" or "governmental" includes the government of this state, the government of the United States and any subdivision, agency or instrumentality, corporate or otherwise, of either of them.
(8) "Division" means the division of conservation established within the Kansas department of agriculture in K.S.A. 74-5,126, and amendments thereto.
(9) "Director" means the executive director of the division.
(10) "Invasive plant species" means a species of plant not native to Kansas whose introduction, presence or spread does or is likely to cause economic harm, environmental harm or harm to human health.
(11) "Secretary" means the secretary of the Kansas department of agriculture.
History:
L. 1937, ch. 5, § 3; L. 1972, ch. 5, § 2; L. 1994, ch. 45, § 1; L. 2012, ch. 140, § 123; L. 2021, ch. 74, § 3; May 6.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 19 - Conservation Districts › 2-1907b Finance of operation of conservation district; moneys from county general fund; tax levies; use of moneys.

2-1907b.
Finance of operation of conservation district; moneys from county general fund; tax levies; use of moneys.
The board of county commissioners, upon request of the board of supervisors of the conservation district, may pay to the district moneys from the county general fund for the supervisors to carry out their duties under this act. In addition to moneys from the county general fund, the board of county commissioners may levy an annual tax against the taxable tangible property within the district, not to exceed 2 mills or $55,000 whichever is less, to provide additional moneys for the operation of the conservation district.
The levy shall be sufficient to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774, and amendments thereto, by cities located in the county, which levy may be in addition to all other tax levies authorized by law and not subject to or within any tax levy limit or aggregate tax levy limit prescribed by law. Funds appropriated or allocated under the provisions of this section and K.S.A. 2-1907c, and amendments thereto, shall be used to carry out the activities and functions of the district including cost of travel and expenses of supervisors and employees of the district, educational materials, conservation awards, annual meeting expenses, excluding meals, and membership dues to conservation related organizations. Such funds shall not be used for prizes, or incentives for achievements or attendance at meetings or for travel or expenses for anyone other than supervisors and employees of the district.
History: L. 1953, ch. 6, § 1; L. 1959, ch. 5, § 2; L. 1963, ch. 7, § 1; L. 1969, ch. 8, § 1; L. 1972, ch. 5, § 5; L. 1976, ch. 7, § 4; L. 1979, ch. 7, § 1; L. 1979, ch. 8, § 1; L. 1981, ch. 9, § 1; L. 1985, ch. 11, § 1; L. 1987, ch. 9, § 1; L. 1989, ch. 5, § 3; L. 1994, ch. 45, § 2; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 19 - Conservation Districts › 2-1907c Finance of operation of conservation district; amount of moneys provided by county, certification to state; state financial assistance; budget request, limitation; disbursement and distribution.

2-1907c. Finance of operation of conservation district; amount of moneys provided by county, certification to state; state financial assistance; budget request, limitation; disbursement and distribution.
On or before September 1 of each year, each conservation district shall submit to the division a certification of the amount of money to be furnished by the county commissioners for conservation district activities for the ensuing calendar year. Such amount shall be the same as authorized for such purposes in each approved county budget. For the purpose of providing state financial assistance to conservation districts, the division in the regular budget request, as a line item for the forthcoming fiscal year, shall submit a special request for an amount equal to the sum of the allocations of each county to each conservation district, but in no event to exceed the sum of $25,000 per district. This $25,000 limitation shall be applicable for fiscal year 2008, and thereafter, subject to appropriations therefor. The division, as soon as practicable after July 1 of the following year, shall disburse such moneys as may be appropriated by the state for this purpose to each conservation district to match funds allocated by the commissioners of each county. Distribution shall be prorated in proportion to county allocations in the event that appropriations are insufficient for complete matching of funds. Municipal accounting procedures shall be used in the distribution of and in the expenditure of all funds.
History:
L. 1963, ch. 7, § 2; L. 1969, ch. 8, § 2; L. 1972, ch. 5, § 6; L. 1979, ch. 7, § 2; L. 1994, ch. 45, § 3; L. 2007, ch. 84, § 1; L. 2012, ch. 140, § 126; L. 2021, ch. 74, § 6; May 6.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 19 - Conservation Districts › 2-1913 Cooperation with another district.

2-1913.
Cooperation with another district.
The supervisors of any two or more districts organized under the provisions of this act may cooperate with one another in the exercise of any or all powers conferred in this act.
History:
L. 1937, ch. 5, § 13; April 10.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 19 - Conservation Districts › 2-1914 Publicly owned lands.

2-1914.
Publicly owned lands.
Agencies of this state * shall have jurisdiction over, or be charged with the administration of, any state-owned lands, and of any county, or other governmental subdivision of the state, which shall have jurisdiction over, or be charged with the administration of, any county-owned or other publicly owned lands, lying within the boundaries of any district organized hereunder, shall cooperate to the fullest extent with the supervisors of such districts in the effectuation of programs and operations undertaken by the supervisors under the provisions of this act. The supervisors of such districts shall be given free access to enter and perform work upon such publicly owned lands. The provisions of land-use regulations adopted pursuant to K.S.A. 2-1909 shall have the force and effect of law over all such publicly owned lands, and shall be in all respects observed by the agencies administering such lands.
History:
L. 1937, ch. 5, § 14; April 10.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 19 - Conservation Districts › 2-1917 Invalidity of part.

2-1917.
Invalidity of part.
If any provisions of this act, or the application thereof to any person or circumstances, is held invalid, the remainder of the act and the application of such provision to other persons or circumstances shall not be affected thereby.
History:
L. 1937, ch. 5, § 17; April 10.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 19 - Conservation Districts › 2-1919 Cost-share limitations; purchase of surface water right outside the state.

2-1919.
Cost-share limitations; purchase of surface water right outside the state.
(a) Except as provided by subsection (b), any application for cost-share for the purchase of the water right under the provisions of K.S.A. 2-1915, and amendments thereto, shall be subject to the following limitations:
(1) The water right is an active vested or certified water appropriation right that has not been abandoned under the provisions of K.S.A. 82a-718, and amendments thereto;
(2) (A) in the case of a water right for diverting groundwater, such water right is in an area where the rate of withdrawal of groundwater equals or exceeds the rate of recharge and the chief engineer has closed the area to further appropriations and designated the area as being in need of aquifer restoration; (B) in the case of a water right for diverting groundwater or surface water, such water right is within a stream reach where the chief engineer has closed the stream reach to further appropriations and designated the stream reach as being in need of stream recovery;
(3) a local entity has provided an assurance that it will pay at least 20% of the purchase price negotiated by the entity and the holder of the water right; and
(4) the holder of the water right agrees to return the water right to the custodial care of the state.
(b) In the case of a purchase of a surface water right from outside the state, such purchase shall be considered and evaluated by the chief engineer on the basis of the potential of the water right to provide stream recovery within a designated stream reach.
History:
L. 1988, ch. 396, § 4; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 19 - Conservation Districts › 2-1920 Conservation district capital outlay fund; use of moneys.

2-1920.
Conservation district capital outlay fund; use of moneys.
(a) There is hereby authorized to be established in every conservation district of the state a fund which shall be called the capital outlay fund. The fund shall consist of any moneys deposited therein from funds received according to provisions of the conservation district law.
(b) Any moneys in the capital outlay fund of the conservation district may be used for the purpose of acquisition, construction, reconstruction, repair, remodeling, additions to, furnishing and equipping of buildings necessary for district operations, including architectural expenses incidental thereto and the acquisition of building sites and the acquisition of other equipment to carry out the activities and functions of the district.
(c) The conservation district board of supervisors is hereby authorized to invest any portion of the capital outlay fund, which is not currently needed in investments authorized by K.S.A. 12-1675, and amendments thereto. All interest received on any such investment shall be credited to the capital outlay fund.
History:
L. 1989, ch. 5, § 4; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 19 - Conservation Districts › 2-1931 Penalty for violation of act or contract orders; request for hearing; appeal.

2-1931. Penalty for violation of act or contract orders; request for hearing; appeal.
(a) Any person who commits any of the following may incur a civil penalty as provided by this section:
(1) Any violation of the Kansas water right transition assistance program act or any rule and regulation adopted thereunder; and
(2) any violation of term, condition or limitation defined and or imposed within the contractual agreement between the division and the water right owner.
(b) Any participant who violates any section of a water right transition assistance program contract shall be subject to either one or both of the following:
(1) A civil penalty of not less than $100 nor more than $1,000 per violation. Each day shall constitute a separate violation for purposes of this section; and
(2) repayment of the grant amount in its entirety plus a penalty at 6% of the full grant amount.
(c) Any penalties or reimbursements received under this act shall be reappropriated for use in the water right transition assistance program.
(d) No civil penalty or order for repayment shall be imposed except upon the written order of the secretary or the secretary's designee. Such order shall state the violation, the penalty to be imposed and the right of the person to appeal to the secretary. Any person, within 15 calendar days after notification, may make written request to the secretary for a hearing in accordance with the provisions of the Kansas administrative procedure act. The secretary shall affirm, reverse or modify the order and shall specify the reason therefor.
(e) Any person aggrieved by an order of the secretary made under this section may appeal such order to the district court in the manner provided by the Kansas judicial review act.
(f) The provisions of this section shall expire on July 1, 2022.
History:
L. 2006, ch. 174, § 2; L. 2012, ch. 105, § 2; L. 2021, ch. 74, § 11; May 6.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 20 - Soil Erosion Caused By Wind › 2-2001 Legislative declaration.

2-2001.
Legislative declaration.
Soil erosion caused by wind storms, dust storms and any plant or weed blowing produced thereby are recognized and declared to be destructive of the natural resources of the state and a menace to the health and well-being of our citizens.
History:
L. 1937, ch. 189, § 1; L. 1988, ch. 4, § 1; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 20 - Soil Erosion Caused By Wind › 2-2002 Duty of landowner.

2-2002.
Duty of landowner.
To conserve the natural resources of the state, and to prevent the injurious effects of dust storms, it is hereby made the duty of the owner of real property in this state to prevent dust, plant or weed blowing therefrom, as nearly as that can be done, by planting of perennial grasses, shrubs, trees, annual or biennial crops, or by cultivation at such times and in such manner as will prevent or minimize erosion of the soil and dust, plant or weed blowing therefrom.
History:
L. 1937, ch. 189, § 2; L. 1988, ch. 4, § 2; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 20 - Soil Erosion Caused By Wind › 2-2003 Data and information to be collected.

2-2003.
Data and information to be collected.
To carry out and make effective the purposes of this act it is hereby made the duty of the secretary of agriculture to collect from all available sources data and information respecting soil erosion, dust storms and plant or weed blowing and practical methods of preventing or minimizing them by planting or cultivating the soil, with particular reference to the different kinds of planting and types of cultivation most suitable to the respective types of soil in the different parts of the state taking into consideration topography and climatic conditions thereof, and most effective to accomplish the principal purposes of this act, and to transmit such data and information to the respective boards of county commissioners, members of the legislature, the governor, and make the same available to the general public.
History:
L. 1937, ch. 189, § 3; L. 1988, ch. 4, § 3; L. 2004, ch. 101, § 39; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 20 - Soil Erosion Caused By Wind › 2-2004 Duties of county commissioners.

2-2004.
Duties of county commissioners.
Further to administer, carry out and make effective the purposes of this act the board of county commissioners of each county, upon knowing or being advised that dust, any plant or weed is blowing from any particular land in the county, are hereby authorized and directed immediately to inspect such land. If it is determined the soil, any plant or weed is blowing therefrom in sufficient quantity to be injurious to the land because of erosion thereof, to nearby land because of dirt blown thereon, to nearby land because of any plant or weed blown thereon or to the public health because of dust therefrom blown into the air, they shall determine what, if anything, can be done to prevent or materially lessen the soil, any plant or weed blowing from such land, and if in their judgment that can be accomplished by prompt cultivation of the soil in some manner, they are authorized and directed to order work to be done and the time when and the type of work to be done. The board of county commissioners may order that the land be disced, listed, chiseled, cultivated, chopped or worked by any other method of control approved by the board. In all cases, where it can be done reasonably, the board of county commissioners shall confer with the owner of the land before determining or ordering work to be done thereon, and advise the owner of their conclusions and give the owner an opportunity to do the work they conclude should be done, but if the owner cannot be consulted without unreasonable delay, or cannot or will not do the work in the manner and within the time it should be done, the board of county commissioners may do the work, or employ someone to do it, and issue its warrants to pay the actual cost thereof, and pay such warrants from the fund hereinafter provided, without regard to any other statute pertaining to the issuing or paying of county warrants.
History:
L. 1937, ch. 189, § 4; L. 1988, ch. 4, § 4; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 20 - Soil Erosion Caused By Wind › 2-2005 Same; survey of county; reports; publication of summaries.

2-2005.
Same; survey of county; reports; publication of summaries.
Further to carry out and make effective the purposes of this act it is hereby made the duty of the board of county commissioners of each county to make, or cause to be made, before June 30 of each year, a complete survey of the county with respect to soil erosion and dust, any plant or weed blowing from soil in the county. In doing so they shall ascertain what lands, plants or weeds have blown, and for what time, the kinds of soil of such lands, the kinds of plants or weeds blowing, when the blowing occurred, climatic conditions at the time, and what, if anything, was done to prevent or minimize the blowing, and the result produced by what was done. A report of this survey, accompanied by a map showing the location of the land, shall be filed with the county clerk and a copy sent to the secretary of agriculture, who shall compile and publish by December 1 of each year a summary of such reports and distribute the same to the county officials, members of the legislature, the governor, and upon request to the owners of land reported to have been affected.
History:
L. 1937, ch. 189, § 5; L. 1988, ch. 4, § 5; L. 2004, ch. 101, § 40; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 20 - Soil Erosion Caused By Wind › 2-2006 Same; hearings; orders concerning land.

2-2006.
Same; hearings; orders concerning land.
If this survey discloses certain land in the county to be blowing repeatedly, the board of county commissioners shall consider what measures of a permanent nature can be taken to prevent or minimize the blowing of the soil, any plant or weed thereon. For this purpose the board may conduct a hearing, after having given notice to the landowner of the time and place of such hearing, which notice may be given by registered mail. At such hearing testimony of those who have had experience or made a study of types of soil, types of plants or weeds, erosion of soil by wind, means of preventing the same, and studies or reports of governmental departments or other investigators of the subject may be considered. Respecting the land concerning which such a hearing has been had the board of county commissioners is authorized to determine what treatment of the land is necessary to prevent its blowing, whether it shall be planted to annual, biennial or perennial grasses, shrubs, trees or if cultivated, the manner and times of year of such cultivation, and may order that the land be treated in accordance with this conclusion, and if such orders are not complied with by the owner of the land the board of county commissioners may do or have done the planting or cultivation ordered.
History:
L. 1937, ch. 189, § 6; L. 1988, ch. 4, § 6; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 20 - Soil Erosion Caused By Wind › 2-2007 Soil drifting fund; creation; tax levy, use of proceeds; issuance of warrants.

2-2007.
Soil drifting fund; creation; tax levy, use of proceeds; issuance of warrants.
Each board of county commissioners is authorized to create a soil drifting fund and levy a tax against all taxable tangible property of the county to pay for the cost of work done, or hired to be done, by the board of county commissioners and to pay a portion of the principal and interest on bonds issued under the authority of K.S.A. 12-1774, and amendments thereto, by cities located in the county.
History:
L. 1937, ch. 189, § 7; L. 1970, ch. 100, § 3; L. 1979, ch. 52, § 24; L. 1999, ch. 154, § 28; May 27.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 20 - Soil Erosion Caused By Wind › 2-2009 Federal cooperation.

2-2009.
Federal cooperation.
The secretary of agriculture is hereby made the agent of the state for the purpose of entering into any agreement with the federal government, or any agency thereof, for cooperation in efforts to prevent soil erosion by wind storms, dust storms and any plant or weed blowing produced thereby, and is hereby authorized to accept any money disbursed for that purpose by the federal government, or any of its agencies, and to distribute such moneys among the counties in accordance with the direction of the federal government or its agency.
History:
L. 1937, ch. 189, § 9; L. 1988, ch. 4, § 7; L. 2004, ch. 101, § 41; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 20 - Soil Erosion Caused By Wind › 2-2011 Invalidity of part.

2-2011.
Invalidity of part.
Should the court declare any section or clause of this act unconstitutional then such shall affect only the section or clause so declared to be unconstitutional and shall not affect any other section or clause of this act.
History:
L. 1937, ch. 189, § 11; March 24.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 21 - Plant Pests › 2-2112 Name of act.

2-2112.
Name of act.
This act shall be known as the plant pest and agriculture commodity certification act. The authority to regulate plant pests, live plant dealers, plants and plant products and commodity certification in Kansas is vested exclusively with the secretary of agriculture.
History:
L. 1965, ch. 6, § 1; L. 2002, ch. 91, § 1; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 21 - Plant Pests › 2-2114 Secretary's duties.

2-2114. Secretary's duties.
The secretary, either independently, or in cooperation with counties, cities, other political subdivisions of the state, federal agencies, agencies of other states or private entities may enter into contracts and agreements and may carry out official control operations or measures to locate, and to suppress, control, eradicate, prevent, contain or retard the spread of, any plant pests.
History:
L. 1965, ch. 6, § 3; L. 1996, ch. 66, § 1; L. 2002, ch. 91, § 3; L. 2016, ch. 101, § 2; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 21 - Plant Pests › 2-2115 Inspections by secretary.

2-2115. Inspections by secretary.
(a) To effectuate the purposes of this act and any rules or regulations adopted hereunder, the secretary shall have the right to:
(1) Enter any property in the state, except private dwellings, in order to:
(A) Inspect;
(B) monitor;
(C) place and inspect monitoring equipment; and
(D) obtain samples; and
(2) stop and inspect any means of conveyance moving within this state, upon reasonable suspicion to believe it contains or carries any plant pest or other article subject to this act.
(b) If access to any property sought under the provisions of this section for the purposes authorized is denied, the secretary may apply to any court of competent jurisdiction for an order providing for such access. The court shall, upon proper application, issue an order providing for access to such property.
History:
L. 1965, ch. 6, § 4; L. 2002, ch. 91, § 4; L. 2011, ch. 72, § 2; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 21 - Plant Pests › 2-2116 Disposition of plant pests.

2-2116. Disposition of plant pests.
Wherever the secretary finds a plant, plant product or other regulated article that is infested by a plant pest or finds that a plant pest exists on any premises in this state or is in transit in this state, the secretary may:
(a) Upon giving notice to the person in possession thereof, or agent of such person, seize, quarantine, treat or otherwise dispose of such plant pest in such manner as the secretary deems necessary to suppress, control, eradicate, prevent, contain or retard the spread of such plant pest;
(b) order such person in possession thereof, or agent of such person to so treat or otherwise dispose of such plant pest. If such person fails to comply with such order, the secretary may treat or otherwise dispose of such plant pest; or
(c) if such person is a live plant dealer, after notice and opportunity for a hearing in accordance with the provisions of the Kansas administrative procedure act, the secretary may assess against such live plant dealer any reasonable expense incurred by the secretary in treating or otherwise disposing of such plant pest.
History:
L. 1965, ch. 6, § 5; L. 2002, ch. 91, § 5; L. 2011, ch. 72, § 3; L. 2016, ch. 101, § 3; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 21 - Plant Pests › 2-2117 Quarantines; notice and hearings.

2-2117. Quarantines; notice and hearings.
The secretary is authorized to quarantine this state or any portion thereof when the secretary determines that such action is necessary to prevent or retard the spread of a plant pest or to contain a plant pest for the protection of the public health and to quarantine any other state or portion thereof whenever the secretary determines that a plant pest exists therein and that such action is necessary to prevent or retard its spread, movement or transportation into this state. Before promulgating the determination that a quarantine is necessary, the secretary, after providing due notice to interested parties, shall hold a public hearing at which any interested party may appear and be heard either in person or by attorney. The secretary may impose a temporary quarantine for a period not to exceed 90 days during which time a public hearing, as provided in this section, shall be held if it appears that a quarantine for more than the 90-day period will be necessary to prevent, contain or retard the spread of the plant pest. The secretary may limit the application of the quarantine to the infested portion of the quarantined area and appropriate environs, to be known as the regulated area, and, without further hearing, may extend the regulated area to include additional portions of the quarantined area. Following the establishment of the quarantine, no person shall move the plant pest against which the quarantine is established or move any regulated article described in the quarantine, within, from, into or through this state contrary to the quarantine promulgated by the secretary. The quarantine may restrict the movement of the plant pest and any regulated articles from the quarantined or regulated area in this state into or through other parts of this state or other states and from the quarantined or regulated area in other states into or through this state. The secretary shall impose such inspection, disinfection, certification or permit and other requirements as the secretary shall deem necessary to effectuate the purposes of this act. The secretary is authorized to establish regulations defining pest freedom standards for live plants, plants and plant products or other regulated articles that pose risk of moving plant pests that may cause economic or environmental harm.
History:
L. 1965, ch. 6, § 6; L. 2002, ch. 91, § 6; L. 2011, ch. 72, § 4; L. 2016, ch. 101, § 4; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 21 - Plant Pests › 2-2118 Inspections; fees.

2-2118. Inspections; fees.
Upon request the secretary may provide inspection services for any person who owns or possesses plants or plant products or for certification purposes of regulated articles intended for shipment. Upon payment of the appropriate fee as established by rule and regulation and as inspection personnel are available, the inspection shall be conducted and a report or certificate setting forth the inspection results shall be issued if requested. Inspection fees shall not exceed $45 per hour. The secretary may assess reasonable diagnostic and identification fees as established by rules and regulations adopted by the secretary. Mileage incurred shall also be paid by the person requesting the inspection at the rate established by rules and regulations. If certificate is requested an additional fee not to exceed $50, as established by rules and regulations, plus any fee amount charged by the United States government for the acquisition of federal certificates shall be assessed. The fees for such inspection and certificate in effect on the day preceding the effective date of this act shall continue in effect until the secretary adopts rules and regulations fixing a different fee therefor under this subsection. In any case where any intended receiving state or country requires or authorizes the certification of plants or plant products, bees or beekeeping equipment or other regulated articles to be based on origin, special handling, treatment or any other procedure in addition to or in lieu of actual visual inspection of such articles, the secretary may provide such certification. The secretary may refuse to perform any inspection if the regulated article to be inspected is found to be in such condition that it cannot be adequately inspected or the environs in which the regulated article is located present a danger to the health and safety of the inspection personnel.
History:
L. 1965, ch. 6, § 7; L. 1972, ch. 6, § 1; L. 1976, ch. 8, § 1; L. 1982, ch. 4, § 5; L. 1996, ch. 94, § 1; L. 2002, ch. 91, § 7; L. 2006, ch. 78, § 1; L. 2011, ch. 72, § 5; L. 2022, ch. 69, § 21; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 21 - Plant Pests › 2-2120 Live plant dealer's license; application fees; renewal; special event live plant dealer, registration; sale of live plants, conditions.

2-2120. Live plant dealer's license; application fees; renewal; special event live plant dealer, registration; sale of live plants, conditions.
(a) Every live plant dealer, before advertising for sale, selling, offering for sale or delivering any live plants in this state, shall procure from the secretary a live plant dealer's license for each location from which such live plant dealer engages in business as a live plant dealer, except for temporary locations that are registered with the secretary.
(b) Application for such license shall be made on a form furnished by the secretary. The fee for each application shall be fixed by rules and regulations adopted by the secretary, except that such fee shall not exceed $100, excluding the plant pest emergency fee, authorized pursuant to K.S.A. 2-2129, and amendments thereto.
(c) A live plant dealer who does not export live plants from the state, has annual gross receipts under $10,000 and has only one location, other than temporary locations, may apply for a reduced license fee. The reduced fee shall not exceed $50, excluding the plant pest emergency fee. Application for the reduced license fee shall be made on the license application form provided by the secretary.
(d) All live plant dealer licenses shall expire on January 31, following the date of issue. Renewal of a license on or after such date of expiration shall result in a $25 late fee, except that if a license is renewed after the March 1 immediately following such date of expiration, such late fee shall be $50. A live plant dealer license shall not be issued until all fees are paid to the secretary.
(e) Any person who conducts business as a special event live plant dealer shall not be required to obtain a live plant dealer's license but shall register with the secretary in such form and manner as prescribed by the secretary.
(f) A live plant dealer may only engage in the live plant business with live plants that are:
(1) In compliance with all quarantines and regulated nonquarantine pest freedom standards established by the secretary; or
(2) accompanied by a valid certificate of inspection of a federal inspector or inspector of another state stating that such live plants comply with all applicable quarantines and regulated nonquarantine pest freedom standards.
History:
L. 1965, ch. 6, § 9; L. 1972, ch. 6, § 2; L. 1982, ch. 4, § 6; L. 2002, ch. 91, § 8; L. 2011, ch. 72, § 6; L. 2022, ch. 69, § 22; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 21 - Plant Pests › 2-2122 Revocation of live plant dealer license; notice and opportunity for hearing.

2-2122. Revocation of live plant dealer license; notice and opportunity for hearing.
The secretary, after providing notice and opportunity for a hearing in accordance with the provisions of the Kansas administrative procedure act, may deny any application or revoke, suspend, modify or refuse to renew any license, permit or certificate issued pursuant to this act if such applicant or holder of such license, permit or certificate has:
(a) Failed to comply with any provision or requirement of this act or any rule or regulation adopted hereunder;
(b) failed to comply with any laws, rules or regulations of any other state, or the United States, related to the licensing of live plant dealers, plant pests, plants, plant products or commodity certification; or
(c) had any license, certificate or permit issued by any other state, or the United States, related to the licensing of live plant dealers, plant pests, plants or plant products revoked, suspended or modified.
History:
L. 1965, ch. 6, § 11; L. 1988, ch. 356, § 30; L. 2002, ch. 91, § 9; L. 2010, ch. 60, § 2; L. 2011, ch. 72, § 7; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 21 - Plant Pests › 2-2123 Unlawful to ship live plants or other articles not in compliance with act; tags or labels; electronic or mail order sales.

2-2123. Unlawful to ship live plants or other articles not in compliance with act; tags or labels; electronic or mail order sales.
(a) Any live plants sold, delivered, transported or shipped into or within this state by a live plant dealer shall be accompanied by a tag, label, itemized bill of lading, receipt or other document on which shall appear the name and address of the consigner or shipper, a description of the contents and the place of origin.
(b) All live plants and regulated articles shipped or moved into this state shall be accompanied by valid documentation issued by the proper official of the state, territory, district or country from which it was shipped or moved, showing that such live plants or regulated articles are in compliance with quarantines and regulated pest freedom standards as established by the secretary.
(c) Live plants brought into the state under a document, as required by this section, may be sold and moved under a valid Kansas live plant dealer license, and this shall not preclude inspection by the secretary at any time within the state.
(d) Electronic or mail order sales of live plants are subject to the provisions of this act.
History:
L. 1965, ch. 6, § 12; L. 2002, ch. 91, § 10; L. 2011, ch. 72, § 8; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 21 - Plant Pests › 2-2124 Violations; temporary restraining orders.

2-2124. Violations; temporary restraining orders.
(a) It shall be a violation of this act for any person to:
(1) Sell, barter, offer for sale, or move, transport, deliver, ship or offer for shipment into or within this state any plant pests in any living stage without first obtaining approval for such shipment from the secretary;
(2) hinder or prevent the secretary from carrying out duties under this act;
(3) fail to carry out the treatment or destruction of any plant pest or regulated article in accordance with official notification from the secretary;
(4) sell, transport, deliver, distribute, offer or expose for sale live plants which are not in compliance with the provisions of this act;
(5) engage in business as a live plant dealer and use an invalid, suspended or revoked certificate of inspection, permit or live plant dealer license;
(6) fail to comply with any of the provisions of this act, or the rules and regulations adopted hereunder; and
(7) knowingly move any regulated article into or within this state from a quarantined area when such article has not been treated or handled as provided by the requirements of said quarantine at the point of origin of such article.
(b) Each day a violation of this act occurs or continues shall constitute a separate violation.
(c) The district court shall have jurisdiction over violations of this act or rules and regulations adopted hereunder. Such court may issue temporary restraining orders without first requiring proof that an adequate remedy at law does not exist. Any such orders shall be issued without bond. Such orders may be issued prior to the initiation of any criminal, administrative or civil penalty proceedings.
History:
L. 1965, ch. 6, § 13; L. 1976, ch. 8, § 3; L. 2002, ch. 91, § 11; L. 2011, ch. 72, § 9; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 21 - Plant Pests › 2-2125 Penalties for violations.

2-2125. Penalties for violations.
(a) Any person violating any of the provisions of this act shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $25 nor more than $500.
(b) The secretary, after providing notice and opportunity for a hearing, in accordance with the Kansas administrative procedure act, may assess a civil penalty against any person who violates or fails to comply with the requirements of this act, or any rules or regulations adopted hereunder, of not less than $100 nor more $2,000 per violation. A separate civil penalty may be assessed for each separate violation. Such civil penalty may be assessed in addition to any other penalty provided by law.
History:
L. 1965, ch. 6, § 14; L. 2002, ch. 91, § 12; L. 2011, ch. 72, § 10; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 21 - Plant Pests › 2-2126 Rules and regulations.

2-2126. Rules and regulations.
The secretary shall adopt, amend and repeal such rules and regulations as, in the discretion of the secretary, are necessary for the administration and enforcement of the provisions of this act.
History:
L. 1965, ch. 6, § 15; L. 2001, ch. 175, § 2; L. 2002, ch. 91, § 13; L. 2011, ch. 72, § 11; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 21 - Plant Pests › 2-2127 Invalidity of part.

2-2127.
Invalidity of part.
If any clause, sentence, paragraph, section, or part of this act shall for any reason be declared unconstitutional by any court of competent jurisdiction it shall not affect the validity or constitutionality of any remaining sentence, clause, paragraph, section or part of this act.
History:
L. 1965, ch. 6, § 16; June 30.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 21 - Plant Pests › 2-2128 Disposition of moneys received; plant protection fee fund.

2-2128. Disposition of moneys received; plant protection fee fund.
(a) The secretary shall remit all moneys received by or for the secretary under article 21 of chapter 2 of * Kansas Statutes Annotated, and amendments thereto, to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the plant protection fee fund. All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary.
(b) The entomology fee fund is hereby redesignated the plant protection fee fund.
History:
L. 1965, ch. 6, § 17; L. 1973, ch. 2, § 2; L. 2001, ch. 5, § 14; L. 2002, ch. 91, § 14; L. 2011, ch. 72, § 12; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 21 - Plant Pests › 2-2129 Plant pest emergency response fund.

2-2129. Plant pest emergency response fund.
(a) There is hereby created a plant pest emergency response fund in the state treasury. Such fund shall be funded by a fee assessed in addition to the fees assessed a live plant dealer under article 21 of chapter 2 of the Kansas Statutes Annotated, and amendments thereto. The additional fee shall be fixed by rules and regulations adopted by the secretary of agriculture, except that such additional fee shall not exceed $5 annually on each live plant dealer license. The secretary is authorized and empowered to collect the fees provided in this section.
(b) The secretary is authorized and empowered to make expenditures from the plant pest emergency response fund and that in the discretion of the secretary mitigate pests that have been identified by the secretary as high risk pests having the potential to damage agriculture, horticulture or the environment. Such expenditures may include the costs of enforcement to protect against high risk pests identified by the secretary. All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary.
(c) The plant pest emergency response fund shall be a fund separate and distinct from the plant protection fee fund referred to in K.S.A. 2-2128, and amendments thereto.
(d) The provisions of this section shall be part of and supplemental to this act.
History:
L. 2001, ch. 175, § 1; L. 2002, ch. 91, § 15; L. 2011, ch. 72, § 13; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 21 - Plant Pests › 2-2144 Title and citation of act.

2-2144. Title and citation of act.
K.S.A. 2-2144 through 2-2151, and amendments thereto, shall be known and may be cited as the Kansas cotton boll weevil act.
History:
L. 2022, ch. 69, § 1; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 21 - Plant Pests › 2-2145 Definitions.

2-2145. Definitions.
As used in K.S.A. 2-2144 through 2-2151, and amendments thereto:
(a) "Act" means the Kansas cotton boll weevil act.
(b) "Board" means the board of directors of the Kansas cotton boll weevil program established by K.S.A. 2-2146, and amendments thereto.
(c) "Cotton pest" means Anthonomus grandis Boheman, commonly known as boll weevils, or any other pest that may infest, destroy or otherwise inhibit the growth of cotton.
(d) "Grower" means any person engaged in the growing of cotton in this state who owns such cotton or shares in the ownership and risk of loss of such cotton, whether as a landlord or tenant.
(e) "Person" means a natural person, public or private corporation, partnership, association or other legal entity.
(f) "Secretary" means the secretary of agriculture or the secretary's designee.
History:
L. 2022, ch. 69, § 2; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 21 - Plant Pests › 2-2146 Establishment of Kansas cotton boll weevil program; board of directors; membership; vacancies; terms; required meetings.

2-2146. Establishment of Kansas cotton boll weevil program; board of directors; membership; vacancies; terms; required meetings.
(a) There is hereby established the Kansas cotton boll weevil program.
(b) The board of directors of the Kansas cotton boll weevil program is hereby established to administer and implement the Kansas cotton boll weevil program. The board shall consist of:
(1) Five voting members; and
(2) three ex officio nonvoting members, as provided in subsection (f).
(c) After the effective date of this act, the board of directors of the Kansas cotton association shall submit seven nominations to the secretary of agriculture. The secretary of agriculture shall appoint five voting members to the board from among such nominees.
(d) Upon a vacancy in the board or at least 30 days prior to the expiration of the term of any voting member of the board, the board of directors of the Kansas cotton association shall submit three nominations to the secretary of agriculture for each such vacancy or expiring term. The secretary of agriculture shall appoint a voting member to the board from among the growers of the state from among such nominees.
(e) (1) Except as provided in paragraph (2), each appointed board member shall serve a term of four years. Board members appointed to fill a vacancy for an unexpired term shall serve for the remainder of such unexpired term.
(2) Two of the board members first appointed on and after the effective date of this act shall be appointed for a term of two years.
(f) The dean of the college of agriculture of Kansas state university or the dean's designee, the secretary or the secretary's designee and the Kansas cotton association chairman or the chairman's designee shall serve as ex officio, nonvoting members of the board.
(g) The board shall annually elect a chairperson from the voting members of the board.
(h) The board shall meet at least once every calendar year in conjunction with the Kansas cotton association's annual meeting.
History:
L. 2022, ch. 69, § 3; July 1.
2023 Kansas Statutes › Chapter 2 - Agriculture › Article 21 - Plant Pests › 2-2147 Powers and duties of board of directors; requirements for individuals conducting inspections or setting or monitoring traps.

2-2147. Powers and duties of board of directors; requirements for individuals conducting inspections or setting or monitoring traps.
(a) In order to administer and implement the Kansas cotton boll weevil program, the board shall have the authority to:
(1) Establish and implement a cotton pest monitoring plan that shall include the following:
(A) The development and distribution of educational materials; and
(B) authority for the board's designee to enter private property to:
(i) Subject to the notice requirements of subsection (b), perform inspections of any cotton field upon such private property for the purpose of determining whether an infestation of cotton exists or whether cotton pests are present on the property; and
(ii) subject to the notice requirements of subsection (b), set traps and monitor such traps;
(2) accept grants and donations;
(3) sue and be sued;
(4) appoint and compensate an administrator who is knowledgeable about the cotton industry and establish an office for such administrator at any place in the state selected by the board. With the approval of the board, the administrator may appoint other personnel as needed; and
(5) enter into such contracts as may be necessary or advisable for the purposes of this act, including, but not limited to, collection of the assessment, or coordination with any local, state or national organization or agency, whether private or created by state or federal law, engaged in work or activities similar to the work and activities of the board.
(b) Any individual conducting an inspection or setting or monitoring traps pursuant to a cotton pest monitoring plan shall, before or immediately upon entering any premises:
(1) Notify the owner, operator or lessee of the premises of the purpose for such entry; and
(2) allow any such present and notified owner, operator or lessee of the premises, or any representative thereof, to accompany the individual conducting the inspection or setting or monitoring traps.
History:
L. 2022, ch. 69, § 4; July 1.