HOUSE BILL No. 2289

      An Act concerning agriculture; relating to sericea lespedeza; bull thistle; noxious weeds and
      noxious weed seed; amending K.S.A. 2-1314, 2-1314, as amended by section 2 of this
      act and 2-1314b and 2-1314b, as amended by section 4 of this act, and K.S.A. 1997
      Supp. 2-1415 and repealing the existing sections.

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

    New Section 1. (a) Subject to appropriations acts therefor, Kansas
state university of agriculture and applied science, in cooperation with
other colleges and universities, shall establish a research project to study
the biology and control of sericea lespedeza (Lespedeza cuneata). Such
project shall be for a period of two years and shall include basic and
applied research as well as working with the agricultural experiment sta-
tion and cooperative extension service to utilize demonstration plots and
conduct field days and workshops in regard to controlling and eradicating
sericea lespedeza (Lespedeza cuneata).

    (b) Kansas state university of agriculture and applied science shall
present an oral and written report to the house and senate agriculture
committees related to the research project provided for in subsection (a)
during the 1999 regular session of the Kansas legislature on or before
February 1, 1999, and during the 2000 regular session of the Kansas
legislature on or before February 1, 2000.

    Sec. 2. K.S.A. 2-1314 is hereby amended to read as follows: 2-1314.
It shall be the duty of persons, associations of persons, the secretary of
transportation, the boards of county commissioners, the township boards,
school boards, drainage boards, the governing body of incorporated cities,
railroad companies and other transportation companies or corporations
or their authorized agents and those supervising state-owned lands to
control the spread of and to eradicate all weeds declared by legislative
action to be noxious on all lands owned or supervised by them and to use
such methods for that purpose and at such times as are approved and
adopted by the state board department of agriculture. The term noxious
weeds shall mean kudzu (Pueraria lobata), field bindweed (Convolvulus
arvensis), Russian knapweed (Centaurea picris repens), hoary cress (Lep-
idium Cardaria draba), Canada thistle (Cirsium arvense), quackgrass
(Agropyron repens), leafy spurge (Euphorbia esula), burragweed (Fran-
seria tomentosa and discolor) bur ragweed (Ambrosia grayii), pignut
(Hoffmannseggia densiflora), musk (nodding) thistle (Carduus nutans L.),
and Johnson grass (Sorghum halepense).

    Sec. 3. On and after July 1, 2000, K.S.A. 2-1314, as amended by
section 2 of this act, is hereby amended to read as follows: 2-1314. It shall
be the duty of persons, associations of persons, the secretary of transpor-
tation, the boards of county commissioners, the township boards, school
boards, drainage boards, the governing body of incorporated cities, rail-
road companies and other transportation companies or corporations or
their authorized agents and those supervising state-owned lands to control
the spread of and to eradicate all weeds declared by legislative action to
be noxious on all lands owned or supervised by them and to use such
methods for that purpose and at such times as are approved and adopted
by the department of agriculture. The term noxious weeds shall mean
kudzu (Pueraria lobata), field bindweed (Convolvulus arvensis), Russian
knapweed (Centaurea repens), hoary cress ( Cardaria draba), Canada
thistle (Cirsium arvense), quackgrass (Agropyron repens), leafy spurge
(Euphorbia esula), bur ragweed (Ambrosia grayii), pignut (Hoffmannseg-
gia densiflora), musk (nodding) thistle (Carduus nutans L.), and Johnson
grass (Sorghum halepense) and sericea lespedeza (Lespedeza cuneata).

    Sec. 4. K.S.A. 2-1314b is hereby amended to read as follows: 2-
1314b. (a) The board of county commissioners of any county may declare
the multiflora rose (Rosa multiflora) or, the sericea lespedeza (Lespedeza
cuneata), or both, or the bull thistle (Cirsium vulgare), or any combination
thereof, to be a noxious weed within the boundaries of such county. In
such event, all of the provisions of article 13 of chapter 2 of the Kansas
Statutes Annotated which pertain to the control and eradication of nox-
ious weeds shall apply to the control and eradication of the multiflora
rose or, the sericea lespedeza or the bull thistle, or both any combination
thereof, within any such county.

    (b) If the board of county commissioners of any county does not de-
clare the multiflora rose or, the sericea lespedeza or the bull thistle, or
both any combination thereof, to be a noxious weed within the boundaries
of such county, a petition requesting the secretary of the state board of
agriculture to declare the multiflora rose or, the sericea lespedeza or the
bull thistle, or both any combination thereof, to be a noxious weed within
the boundaries of such county, signed by not less than 5% of the qualified
electors of the county, may be filed with the county election officer of
the county. Upon receipt of any such petition, the county election officer
shall certify the sufficiency of the petition and submit it to the secretary
of the state board of agriculture. Thereupon, the secretary of the state
board of agriculture may declare the multiflora rose or, the sericea les-
pedeza or the bull thistle, or both any combination thereof, to be a noxious
weed within the boundaries of such county. In such event, all of the
provisions of article 13 of chapter 2 of the Kansas Statutes Annotated
which pertain to the control and eradication of noxious weeds shall apply
to the control and eradication of the multiflora rose or, the sericea les-
pedeza or the bull thistle, or both any combination thereof, within any
such county.

    Sec. 5. On and after July 1, 2000, K.S.A. 2-1314b, as amended by
section 4 of this act, is hereby amended to read as follows: 2-1314b. (a)
The board of county commissioners of any county may declare the mul-
tiflora rose (Rosa multiflora), the sericea lespedeza (Lespedeza cuneata)
or the bull thistle (Cirsium vulgare), or any combination thereof both, to
be a noxious weed within the boundaries of such county. In such event,
all of the provisions of article 13 of chapter 2 of the Kansas Statutes
Annotated which pertain to the control and eradication of noxious weeds
shall apply to the control and eradication of the multiflora rose, the sericea
lespedeza or the bull thistle, or any combination thereof both, within any
such county.

    (b) If the board of county commissioners of any county does not de-
clare the multiflora rose, the sericea lespedeza or the bull thistle, or any
combination thereof both, to be a noxious weed within the boundaries of
such county, a petition requesting the secretary of agriculture to declare
the multiflora rose, the sericea lespedeza or the bull thistle, or any com-
bination thereof both, to be a noxious weed within the boundaries of such
county, signed by not less than 5% of the qualified electors of the county,
may be filed with the county election officer of the county. Upon receipt
of any such petition, the county election officer shall certify the sufficiency
of the petition and submit it to the secretary of agriculture. Thereupon,
the secretary of agriculture may declare the multiflora rose , the sericea
lespdeza or the bull thistle, or any combination thereof both, to be a
noxious weed within the boundaries of such county. In such event, all of
the provisions of article 13 of chapter 2 of the Kansas Statutes Annotated
which pertain to the control and eradication of noxious weeds shall apply
to the control and eradication of the multiflora rose, the sericea lespedeza
or the bull thistle, or any combination thereof both, within any such
county.

    Sec. 6. On or after July 1, 2000, K.S.A. 1997 Supp. 2-1415 is hereby
amended to read as follows: 2-1415. As used in this act:

    (a) ``Agricultural seed'' means the seed of grass, legume, forage, ce-
real and fiber crops, or mixtures thereof, but shall not include horticul-
tural seeds.

    (b) ``Person'' means any individual, member of a partnership, cor-
poration, agents, brokers, company, association or society.

    (c) ``Conditioned'' means cleaned, or cleaned and blended, to meet
the requirements of agricultural seed for the purpose of being planted or
seeded.

    (d) ``Kind'' means one or more related species or subspecies which
singly or collectively is known by one common name, and includes, among
others, wheat, oat, vetch, sweet clover and alfalfa.

    (e) ``Variety'' means a subdivision of a kind, which is characterized by
growth, yield, plant, fruit, seed or other characteristics by which it can be
differentiated from other plants of the same kind.

    (f) ``Hard seed'' means the seeds which because of hardness or im-
permeability do not absorb moisture or germinate under seed testing
procedure.

    (g) ``Label'' means the statements written, printed, stenciled or oth-
erwise displayed upon, or attached to, the container of agricultural seed,
and includes other written, printed, stenciled or graphic representations,
in any form whatsoever, pertaining to any agricultural seed, whether in
bulk or in containers, and includes declarations and affidavits.

    (h) ``Secretary'' means the secretary of agriculture.

    (i) ``Weed seed'' means the seeds of plants considered weeds in this
state and includes noxious weed seed and restricted weed seed, deter-
mined by methods established by rule and regulation under this act.

    (j) ``Noxious weed seed'' means the seed of Kudzu (Pueraria lobata),
field bindweed (Convolvulus arvensis), Russian knapweed (Centaurea re-
pens), hoary cress (Cardaria draba), Canada thistle (Cirsium arvense),
leafy spurge (Euphorbia esula), quackgrass (Agropyron repens), bur rag-
weed (Ambrosia grayii), pignut (Indian rushpea) (Hoffmannseggia den-
siflora), Texas blueweed (Helianthus ciliaris), Johnson grass (Sorghum
halepense), sorghum almum, and any plant the seed of which cannot be
distinguished from Johnson grass, and musk (nodding) thistle (Carduus
nutans L.) and sericea lespedeza (Lespedeza cuneata).

    (k) ``Restricted weed seed'' means weed seeds or bulblets which shall
not be present in agricultural seed at a rate per pound in excess of the
number shown following the name of each weed seed: Silverleaf night-
shade (Solanum elaeagnifolium) 45, horsenettle, bullnettle (Solanum car-
olinense) 45, dock (Rumex spp.) 45, oxeye daisy (Chrysanthemum leucan-
themum) 45, perennial sowthistle (Sonchum arvensis) 45, giant foxtail
(Setaria faberi) 45, cheat (Bromus secalinus) 45, hairy chess (Bromus
commutatus) 45, buckthorn plantain (Plantago lanceolata) 45, wild onion
or garlic (Allium spp.) 18, charlock (Sinapsis arvensis) 18, wild mustards
(Brassica spp.) 18, treacle (Erysimum spp.) 18, wild carrot (Daucus car-
ota) 18, morning glory and purple moonflower (Ipomoea spp.) 18, hedge
bindweed (Calystegia spp., syn. Convolvulus sepium) 18, dodder (Cus-
cuta spp.) 18, except lespedeza seed, other than sericea lespedeza (Les-
pedeza cuneata), which may contain 45 dodder per pound, pennycress,
fanweed (Thlaspi arvense) 18, wild oats (Avena fatua) 9, climbing milk-
weed, sandvine (Cynanchum laeve, syn. Gonolobus laevis) 9, jointed goat-
grass (Aegilops cylindrica) 9, black nightshade complex (Solanum ptycan-
thum, S. americanum, S. sarrachoides, S. nigrum, and S. interius) 9, wild
buckwheat, black bindweed (Polygonum convolvulus) 9, velvetleaf, but-
terprint (Abutilon theophrasti) 9, and cocklebur (Xanthium spp.) 9. The
total number of the restricted weed seed shall not exceed 90 per pound
except native grass, smooth bromegrass, tall fescue, wheatgrasses and les-
pedeza, other than sericea lespedeza (Lespedeza cuneata), shall not ex-
ceed 150 per pound. In smooth bromegrass, fescues, orchard grass,
wheatgrasses, and chaffy range grasses, hairy chess or cheat shall not
exceed 2,500 per pound. For the purposes of this section the following
weedy Bromus spp. shall be considered as common weeds and collectively
referred to as ``chess'': Japanese chess (Bromus japonicus), soft chess
(Bromus mollis) and field chess (Bromus arvensis).

    (l) ``Advertisement'' means all representations, other than those on
the label, disseminated in any manner, or by any means, relating to ag-
ricultural seed.

    (m) ``Record'' means all information relating to any shipment of ag-
ricultural seed and includes a file sample of each lot of such seed.

    (n) ``Stop sale order'' means an administrative order, authorized by
law, restraining the sale, use, disposition and movement of a definite
amount of agricultural seed.

    (o) ``Seizure'' means a legal process, issued by court order, against a
definite amount of agricultural seed.

    (p) ``Lot'' means a definite quantity of agricultural seed, identified by
a lot number or other mark, every portion or bag of which is uniform,
within recognized tolerances for the factors which appear in the labeling.

    (q) ``Germination'' means the percentage of seeds capable of pro-
ducing normal seedlings under ordinarily favorable conditions, in accord-
ance with the methods established by rule and regulation under this act.

    (r) ``Pure seed'' means the kind of seed declared on the label, exclu-
sive of inert matter, other agricultural or other crop seeds and weed seeds.

    (s) ``Inert matter'' means all matter not seeds, and as otherwise de-
termined by rules and regulations under this act.

    (t) ``Other agricultural seeds or other crop seeds'' means seeds of
agricultural seeds other than those included in the percentage or per-
centages of kind or variety and includes collectively all kinds and varieties
not named on the label.

    (u) ``Hybrid'' means the first generation seed of a cross produced by
controlling the pollination and by combining (1) two or more inbred lines,
(2) one inbred or a single cross with an open pollinated variety, or (3) two
varieties or species, other than open pollinated varieties of corn (Zea
mays). Hybrid shall not include the second generation or subsequent
generations from such crosses. Hybrid designations shall be treated as
variety names. Controlling the pollination means to use a method of hy-
bridization which will produce pure seed which is 75% or more hybrid.

    (v) ``Type'' means a group of varieties so nearly similar that the in-
dividual varieties cannot be clearly differentiated except under special
conditions.

    (w) ``Treated'' means that the seed has received an application of a
substance or process which is designed to reduce, control or repel certain
disease organisms, insects or other pests attacking such seeds or seedlings
growing therefrom and includes an application of a substance or process
designed to increase seedling vigor.

    (x) ``Tested seed'' means that a representative sample of the lot of
agricultural seed in question has been subjected to examination and its
character as to purity and germination has been determined.

    (y) ``Native grass seed'' means the seeds of aboriginal or native prairie
grasses.

    (z) ``Chaffy range grasses'' shall include Bluestems, Gramas, Yellow
Indian grass, wild rye grasses, buffalo grass and prairie cord grass.

    (aa) ``Certified seed'' means any class of pedigreed seed or plant parts
for which a certificate of inspection has been issued by an official seed
certifying agency.

    (bb) ``Certifying agency'' means: (1) an agency which is authorized
under the laws of a state, territory or possession to officially certify seed
and which has standards and procedures approved by the secretary of
agriculture of the United States department of agriculture to assure the
genetic purity and identity of the seed certified; or (2) an agency of a
foreign country which is determined by the secretary of agriculture of the
United States department of agriculture to be an agency which adheres
to procedures and standards for seed certification comparable to those
adhered to generally by seed certifying agencies under clause (1) of this
subsection.

    (cc) ``Blend'' means two or more varieties of the same kind each in
excess of 5% of the whole.

    (dd) ``Mixture'' means a combination of seed consisting of more than
one kind each in excess of 5% of the whole.

    (ee) ``Brand'' means a term or mark that is proprietary in nature
whether or not it is a registered or copyrighted term or mark.

    (ff) ``Commercial means'' shall include all forms of advertising for
which a person must pay another for the dissemination or distribution of
the advertisement.

    (gg) ``Horticultural seeds'' means those seeds generally classified as
vegetable, fruit, flowers, tree and shrub and grown in gardens or on truck
farms.

    (hh) ``Grower of agricultural seed'' means an individual whose pri-
mary occupation is farming and offers, exposes or sells agricultural seed
of such individual's own growing without the use of a common carrier or
a third party as an agent or broker. Seed shall be in compliance with
noxious and restricted weed seed requirements and may advertise if the
advertisement specifically states variety, bin run and if tested.

    (ii) ``Wholesaler'' means any person who is in the business selling
agricultural seed at wholesale to any person other than the end user.

    (jj) ``Retailer'' means any person who sells agricultural seed to the
end user.

    (kk) ``Seed conditioner'' means any person who is in the business of
cleaning seed for a fee or compensation.

    Sec. 7. K.S.A. 2-1314 and 2-1314b are hereby repealed.

    Sec. 8. On and after July 1, 2000, K.S.A. 2-1314, as amended by
section 2 of this act and 2-1314b, as amended by section 4 of this act, and
K.S.A. 1997 Supp. 2-1415 are hereby repealed.

    Sec. 9. This act shall take effect and be in force from and after its
publication in the statute book.

I hereby certify that the above Bill originated in the
House, and passed that body

__________________________________

House adopted
Conference Committee Report __________________________

__________________________________

Speaker of the House.

__________________________________

Chief Clerk of the House.

Passed the Senate
as amended __________________________

Senate adopted
Conference Committe Report __________________________

__________________________________

President of the Senate

__________________________________

Secretary of the Senate.

Approved__________________________

__________________________________

Governor.