Session Law

Identifying Information:L. 2002 ch. 093
Other Identifying Information:2002 House Bill 2818
Tax Type:Other
Brief Description:An Act concerning agriculture; creating the sunflower commodity commission; prescribing certain powers, duties and responsibilities; assessments; amending K.S.A. 2-3001, 2- 3002, 2-3003, 2-3006 and 2-3007 and repealing the existing sections.
Keywords:


Body:

CHAPTER 93

HOUSE BILL No. 2818


An Act concerning agriculture; creating the sunflower commodity commission; prescribing

certain powers, duties and responsibilities; assessments; amending K.S.A. 2-3001, 2-


3002, 2-3003, 2-3006 and 2-3007 and repealing the existing sections.


Be it enacted by the Legislature of the State of Kansas:

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

ownership and risk of loss of such corn, grain sorghum, soybeans or, wheat

or sunflowers, shall designate a natural person to register to vote for such

legal entity;

(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

authorized representative.

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;

and

(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

grower.

(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

one county.

(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-

ington.

District V shall consist of the following counties: Barton, Dickinson,

Ellis, Ellsworth, Lincoln, McPherson, Marion, Rice, Rush, Russell and

Saline.

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

commission.

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

act; and

(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

repealed.

Sec. 7. This act shall take effect and be in force from and after its

publication in the statute book.

Approved April 24, 2002.


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Date Composed: 10/10/2002 Date Modified: 10/10/2002