Session Law

Identifying Information:L. 2002 ch. 078
Other Identifying Information:2002 House Bill 2602
Tax Type:Other
Brief Description:An Act concerning agriculture; relating to noxious weeds; county discount program; amending K.S.A. 2-1333 and repealing the existing section.
Keywords:


Body:

CHAPTER 78

HOUSE BILL No. 2602

An Act concerning agriculture; relating to noxious weeds; county discount

program; amending K.S.A. 2-1333 and repealing the existing section.


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

Section 1. K.S.A. 2-1333 is hereby amended to read as follows: 2-

1333. (a) The board of county commissioners may adopt a resolution to

authorize the establishment of a program to provide chemical materials

used in the control and eradication of noxious weeds to landowners

through chemical dealers on a discount basis.

(b) If such program is authorized, the county weed supervisor shall

issue discount certificates, prior to the chemicals being purchased from

the chemical dealers, to the landowners. Such certificate shall be taken

to a chemical dealer and be presented for the purchase of the chemical

material. The chemical dealer shall issue an invoice showing the credit

amount of the discount certificate. The dealer shall send the certificate

and a copy of the invoice to the county weed supervisor. The certificates

and invoices shall be turned over to the board of county commissioners,

and no more than the stated amount on the certificate shall be reimbursed

to the chemical dealers. The discount certificates shall be paid from the

noxious weed fund.

(c) If such program is authorized, on January 1 of each year, the board

of county commissioners shall determine the amount of money that may

be used from the noxious weed fund to provide for the control and erad-

ication of noxious weeds on privately owned land. The board shall state

the dollar amount the county shall pay per unit for the purchase of chem-

ical materials used on privately owned lands. Whenever official methods

of eradication, adopted by the state board of agriculture, are not followed

in applying the chemical materials, the board of county commissioners

may refuse to pay the discount certificate and the total cost shall be paid

by the private landowner.

(d) (1) If a board of county commissioners does not issue discount

certificates as provided in subsection (b), a petition to submit a proposi-

tion calling for an election to establish the program to provide chemical

materials used in the control and eradication of noxious weeds to land-

owners through chemical dealers on a discount basis may be filed with

the county election officer. Such petition shall be signed by qualified voters

of the county equal in number to not less than 5% of the voters of the

county who voted for the office of secretary of state at the last preceding

general election at which such officer was elected.

(2) Upon the submission of a valid petition calling for an election

pursuant to this subsection, the county election officer shall submit the

question of whether the program as provided in this section shall be es-

tablished in such county at the next state or county-wide regular or special

election which occurs more than 60 days after the petition is filed with

the county election officer.

(3) If a majority of the votes cast and counted are in opposition to

establishing the program as provided in this section in such county, the

county election officer shall transmit a copy of the result to the secretary

of state who shall publish in the Kansas register the result of such election

and the program as provided in this section shall not be established in

such county.

(4) If a majority of the votes cast and counted are in favor of the

proposition, the county election officer shall transmit a copy of the results

to the secretary of state who shall publish in the Kansas register the result

of such election and that the program as provided in this section shall be

established in such county within 18 months.

(5) The election provided for by this section shall be conducted, and

the votes counted and canvassed, in the manner provided by law for

question submitted elections of the county, except that the county election

officer shall publish in the official county newspaper a notice of such

election once each week for two consecutive weeks, the first publication

to be not less than 21 days before the election, and such notice shall state

the date and time of the election and the proposition that will appear on

the ballot.

Sec. 2. K.S.A. 2-1333 is hereby repealed.

Sec. 3. This act shall take effect and be in force from and after its

publication in the statute book.

Approved April 22, 2002.


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