HOUSE BILL No. 2818
certain powers, duties and responsibilities; assessments; amending K.S.A. 2-3001, 2-
Section 1. K.S.A. 2-3001 is hereby amended to read as follows: 2-
3001. As used in this act, unless the context clearly requires otherwise:
(a) ``Grower'' means any natural person, partnership, association, cor-
poration or other legal entity engaged in the growing of corn, grain sor-
ghum, soybeans or, wheat or sunflowers who owns or who shares in the
ownership and risk of loss of such corn, grain sorghum, soybeans or, wheat
or sunflowers, whether as landlord or tenant. For the purposes of being
an eligible voter pursuant to K.S.A. 2-3002, and amendments thereto, a
grower who is a legal entity who owns or who shares in the ownership
and risk of loss of such corn, grain sorghum, soybeans or, wheat or sun-
flowers, whether as landlord or tenant, on which there is no individual
or sunflowers, shall designate a natural person to register to vote for such
(b) ``first purchaser'' means any person, public or private corporation,
association or partnership buying or otherwise acquiring after harvest, the
property in or to corn, grain sorghum, soybeans or, wheat or sunflowers
from a grower. A mortgagee, pledgee, lienor or other person, public or
private, having a claim against the grower under a nonrecourse loan made
against such corn, grain sorghum, soybeans or, wheat or sunflowers after
harvest thereof shall be deemed a first purchaser hereunder. The term
``first purchaser'' shall not include a harvesting or threshing lienor;
(c) ``commercial channels'' means the sale of corn, grain sorghum,
soybeans or, wheat or sunflowers for use as food, feed, seed or any in-
dustrial or chemurgic use, when sold to any commercial buyer, dealer,
processor, cooperative, or to any person, public or private, who resells
any corn, grain sorghum, soybeans or, wheat or sunflowers or product
produced from corn, grain sorghum, soybeans or, wheat or sunflowers;
(d) ``sale'' means and includes any pledge or mortgage of corn, grain
sorghum, soybeans or, wheat or sunflowers, after harvest, to any person,
public or private;
(e) ``department'' means the Kansas department of agriculture; and
(f) ``secretary'' means the secretary of agriculture or the secretary's
Sec. 2. K.S.A. 2-3002 is hereby amended to read as follows: 2-3002.
(a) There are hereby created four five separate and distinct commissions
which shall be known as the Kansas corn commission, the Kansas grain
sorghum commission, the Kansas soybean commission and, the Kansas
wheat commission and the Kansas sunflower commission. Each commis-
sion will have members elected through an election process as provided
in subsection (b) to serve three-year terms, with the exception of transi-
tion commissioners, serving from the effective date of this act until elec-
tions occur in 2002, 2003 and 2004, to represent a district or districts
identified in sub section subsection (b) with the following requirements:
(1) Any person meeting the requirements of K.S.A. 2-3003, and
amendments thereto, of that commodity may seek election as a commis-
sioner to that commodity's respective commission representing the dis-
trict of such person's official residence. Only a grower of each specific
commodity shall be a member of that specific commission;
(2) no commission shall have less than seven commissioners repre-
senting the nine crop reporting districts identified in subsection (h). If a
commission has less than nine elected commissioners representing crop
reporting districts, any commissioner representing multiple crop report-
ing districts may only represent commission districts equal to whole and
adjoining crop reporting districts that are within the same election cycle;
(3) each commission may, by majority approval of the commissions,
appoint two additional at-large commissioners for added representation
for producers due to geographical, cropping pattern or other reasonable
commodity-specific needs. At-large commissioners will serve a term de-
termined by the commodity commission not to exceed three-year terms
of appointment, be a Kansas resident and must meet the definition of a
(b) (1) Prior to the first election as provided by this act, each com-
modity commission shall notify all growers of its respective commodity of
the commission election and all appropriate election procedures.
(2) Any grower of corn, grain sorghum, soybeans or, wheat or sun-
flowers who is a resident of this state, of legal voting age and has been
actively engaged in growing corn, grain sorghum, soybeans or, wheat or
sunflowers within the preceding three years shall become an eligible voter
upon registering to vote in a commission election. Registration shall be
on a single form allowing registration to any or all commission elections.
Forms shall be provided by the commissions and made available at all
county extension offices, county conservation district offices and through
the office of the secretary. Any grower also shall become registered by
signing a petition for a candidate to be placed on the election ballot, upon
the filing of such petition. Candidate petition forms shall be provided by
the office of the secretary. Registration by internet or other means shall
also be allowed upon the approval of the secretary. No grower shall cast
more than one ballot for any commission election.
(3) Any person meeting the qualifications to serve as a commissioner
may appear on the election ballot for their respective commission district
by submitting a petition to be placed on the ballot on or before October
31 November 30 in the year immediately preceding the election. The
petition shall contain the signatures of 20 eligible voters of that commod-
ity commission election to be a valid petition. However, no more than
five petition signatures shall be used to qualify any candidate from any
(4) Commission election ballots shall be mailed to eligible voters by
January 15 and shall be returned to the election officer, as provided
through the common election procedure required in subsection (e), on
or before March 1 in the year of any election. Successful candidates in
any election will have received the highest number of the votes cast.
Election results will be announced as soon as the election has been de-
termined with successful candidates taking office with terms effective
April 1 in the year of the election.
(5) On and after July 1, 2002, any interested person or entity in the
agriculture industry, with emphasis on growers of sunflowers, may submit
names to the governor for appointment to the Kansas sunflower commis-
sion. On or after September 1, 2002, the governor shall appoint nine
members to the Kansas sunflower commission from among the names
submitted to the governor, if possible, to represent each of the crop re-
porting districts as provided in this section. The terms of the members
appointed by the governor shall be the same as provided in subsection (d)
and the same election provisions as provided in this section applicable to
the other commissions shall apply to such appointed members, except that
the members appointed to represent districts IV, V and VI shall not stand
for election in 2002 but rather shall have their initial term of office to run
until the election held for such districts in 2005. At such time the same
election provisions of this section applicable to the other commissions shall
apply to such members.
(c) Upon the effective date of this act, each commission created shall
meet as soon as feasible to organize, elect officers and ratify the number
of commissioners and representative districts that commission shall main-
tain. Commissioners currently serving these commissions immediately
prior to the effective date of this act are appointed to transition terms as
follows: (1) Commissioners whose terms expire in June, 2000, shall have
their terms extended until April, 2002; (2) commissioners whose terms
expire in June, 2001, shall have their terms extended until April, 2003;
and (3) commissioners whose terms expire in June, 2003, shall have their
terms extended until April, 2004.
(d) Annual elections for up to three commissioners representing dis-
tricts shall begin in January and February of 2002. Commissioners elected
shall take office April 1 of the year elected and serve a three-year term.
Elections will occur as follows and continue on a three-year cycle there-
after: (1) In districts IV, V and VI, the initial election year shall be 2002;
(2) in districts I, II and III, the initial election year shall be 2003; and (3)
in districts VII, VIII and IX, the initial election year shall be 2004.
(e) The four five grain commissions, as provided in this act shall main-
tain on file a common election procedure with the secretary of the Kansas
department of agriculture, who will serve as the final arbitrator of any
dispute regarding the election procedure.
(f) Any grower who appropriately registers to vote shall be able to do
so in an election for any commissioner representing that commodity and
district where the grower maintains such grower's official residence.
(g) Any challenge to election results for the position of commodity
commissioner representing a district shall be initially reviewed by a panel
of commissioners, not standing for election that year, and representing
all four grain commissions. If the challenge is not resolved before the
panel of commissioners, the secretary shall serve as the final arbitrator of
the challenge to the election results.
(h) Vacancies which may occur shall be filled for unexpired terms by
appointment by the remaining commissioners.
(i) The dean of the college of agriculture of Kansas state university
and the secretary of the Kansas department of agriculture shall be ex
officio members, without the right to vote, of each such commission.
Districts are the same as crop reporting districts established for Kansas
by the U.S. department of agriculture national agricultural statistic service
and are as follows:
(j) District I shall consist of the following counties: Cheyenne, De-
catur, Graham, Norton, Rawlins, Sheridan, Sherman and Thomas.
District II shall consist of the following counties: Gove, Greeley, Lane,
Logan, Ness, Scott, Trego, Wallace and Wichita.
District III shall consist of the following counties: Clark, Finney, Ford,
Grant, Gray, Hamilton, Haskell, Hodgeman, Kearny, Meade, Morton,
Seward, Stanton and Stevens.
District IV shall consist of the following counties: Clay, Cloud, Jewell,
Mitchell, Osborne, Ottawa, Phillips, Republic, Rooks, Smith and Wash-
District V shall consist of the following counties: Barton, Dickinson,
Ellis, Ellsworth, Lincoln, McPherson, Marion, Rice, Rush, Russell and
District VI shall consist of the following counties: Barber, Comanche,
Edwards, Harper, Harvey, Kingman, Kiowa, Pawnee, Pratt, Reno,
Sedgwick, Stafford and Sumner.
District VII shall consist of the following counties: Atchison, Brown,
Doniphan, Jackson, Jefferson, Leavenworth, Marshall, Nemaha,
Pottawatomie, Riley and Wyandotte.
District VIII shall consist of the following counties: Anderson, Chase,
Coffey, Douglas, Franklin, Geary, Johnson, Linn, Lyon, Miami, Morris,
Osage, Shawnee and Wabaunsee.
District IX shall consist of the following counties: Allen, Bourbon, But-
ler, Chautauqua, Cherokee, Cowley, Crawford, Elk, Greenwood, Labette,
Montgomery, Neosho, Wilson and Woodson.
(k) Meetings and any records of any commission created by this act
shall be open to the public to the same extent as is required by law of
public boards and commissions pursuant to the open records act and the
open meetings act. Records shall include contracts entered into by any
Sec. 3. K.S.A. 2-3003 is hereby amended to read as follows: 2-3003.
Members of each commission created pursuant to K.S.A. 2-3002, and
amendments thereto, shall be residents of this state who have been ac-
tively engaged in growing corn, grain sorghum, soybeans or, wheat or
sunflowers, as applicable, in this state for at least five years immediately
preceding such member's election.
Sec. 4. K.S.A. 2-3006 is hereby amended to read as follows: 2-3006.
The secretary shall have the following duties, authorities and powers to:
(1) Hire such clerical and other personnel deemed necessary to carry
out the provisions of this act;
(2) establish recordkeeping requirements deemed necessary by the
commodity commission affected;
(3) inspect and audit any records required to be kept pursuant to this
(4) contract with the corn, grain sorghum, soybean and, wheat and
sunflower commissions for the collection of assessment as provided by
this act and enter into any other contracts necessary to carry out the
provisions of this act.
Sec. 5. K.S.A. 2-3007 is hereby amended to read as follows: 2-3007.
(a) There is hereby levied an assessment upon grain sorghum marketed
through commercial channels in the state of Kansas. The grain sorghum
commission shall set the assessment at a rate of not more than five mills
per bushel. There is hereby levied an assessment upon corn marketed
through commercial channels in the state of Kansas. The corn commission
shall set the assessment at a rate of not more than five mills per bushel.
There is hereby levied an assessment upon soybeans marketed through
commercial channels in the state of Kansas. The soybean commission
shall set the assessment at a rate of not more than 20 mills per bushel.
There is hereby levied an assessment upon wheat marketed through com-
mercial channels in the state of Kansas. The wheat commission shall set
the assessment at a rate of not more than 10 mills per bushel. There is
hereby levied an assessment upon sunflowers marketed through commer-
cial channels in the state of Kansas. The sunflower commission shall set
the assessment at a rate of not more than seven and one-half mills per
bushel ($0.03 per cwt). Any commission shall not change the assessment
rate, either to increase or reduce, more than once a year. Such assessment
shall be levied and assessed to the grower at the time of sale, and shall
be shown as a deduction by the first purchaser from the price paid in
settlement to the grower. Under the provisions of this act, no corn, grain
sorghum, soybeans or, wheat or sunflowers shall be subject to the assess-
ment more than once. The commission shall furnish to every first pur-
chaser receipt forms which shall be issued by such first purchaser to the
grower upon the payment of such assessment. The form shall indicate
thereon the procedure by which the grower may obtain a refund of any
such assessment, except a refund shall not be issued unless the amount
of the refund is $5 or more. Within one year after any and all sales during
such period the grower may upon submission of a request therefor to the
commission, obtain a refund in the amount of the assessments deducted
by the first purchaser. Such request shall be accompanied by evidence of
the payment of the assessments which need not be verified.
(b) The commission shall keep complete records of all refunds made
under the provisions of this section. Records of refunds may be destroyed
two years after the refund is made. All funds expended by the commission
in the administration of this act and for the payment of all claims growing
out of the performance of any duties or activities pursuant to this act shall
be paid from the proceeds derived from such assessment. In the case of
a lien holder who is a first purchaser as defined in this act, the assessment
shall be deducted by the lien holder from the proceeds of the claim
secured by such lien at the time the corn, grain sorghum, soybeans or,
wheat or sunflowers are pledged or mortgaged. The assessment shall con-
stitute a preferred lien and shall have priority over all other liens and
encumbrances upon such corn, grain sorghum, soybeans or, wheat or
sunflowers. The assessment shall be deducted and paid as provided in
this section whether such corn, grain sorghum, soybeans or, wheat or
sunflowers are stored in this or any other state.
(c) Any corn, grain sorghum, soybean or, wheat or sunflowers ac-
quired by a grower as defined in K.S.A. 2-3001, and amendments thereto,
under the provisions of any federal program shall be subject to the pro-
visions of this section.
(d) No assessments for soybeans shall be collected pursuant to sub-
section (a) while the national checkoff program for soybeans, established
pursuant to public law 101-624, remains in effect. Collection of assess-
ments pursuant to subsection (a) shall be reinstated upon the withdrawal
of the national checkoff program for soybeans, established pursuant to
public law 101-624.
Sec. 6. K.S.A. 2-3001, 2-3002, 2-3003, 2-3006 and 2-3007 are hereby
Sec. 7. This act shall take effect and be in force from and after its
publication in the statute book.
Approved April 24, 2002.
Date Composed: 10/10/2002 Date Modified: 10/10/2002