State of Kansas Bill # 2914

Session of 1998
HOUSE BILL No. 2914 By Representative Edmonds 2-13 9 AN ACT concerning swine; relating to establishment and expansion of
10 certain enterprises related thereto; approval through county election.
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12 Be it enacted by the Legislature of the State of Kansas:
13 Section 1. (a) As used in this act ``swine enterprise'' means: (1) A
14 confined feeding facility as defined in K.S.A. 65-171 and amendments
15 thereto with an animal unit capacity of 500 or more for swine;
16 (2) a swine production facility as defined in K.S.A. 17-5903 and
17 amendments thereto with an animal unit capacity of 500 and shall also
18 include any other business entity or individual person engaging in the
19 same activities as a swine production facility with an animal unit capacity
20 of 500 or more;
21 (3) a feedlot as defined in K.S.A. 17-5903 and amendments thereto
22 with an animal unit capacity of 500 or more for swine;
23 (4) a slaughterhouse which slaughters swine in an amount of 500 or
24 more animal units annually or a packing plant for swine, or both.
25 (b) No swine enterprise shall receive a permit from the secretary of
26 health and environment pursuant to the provisions of the water pollution
27 control system established pursuant to K.S.A. 65-161 et seq. and amend-
28 ments thereto for a new facility or an expansion of an existing facility
29 without having complied with the provisions of this act.
30 (c) (1) Prior to making application for such permit as provided in
31 subsection (b) or prior to such permit being granted by the secretary if
32 such application has already been submitted on the effective date of this
33 act, such swine enterprise shall request the board of county commission-
34 ers of the county in which such swine enterprise wants to locate or expand
35 to submit to the qualified electors of the county a proposition to permit
36 such a swine enterprise to be established or expanded within the county.
37 (2) The county election officer upon the submission of a valid petition
38 shall submit the question of whether such swine enterprise shall be al-
39 lowed to be established or expanded in such county at the next state or
40 county-wide regular election which occurs more than 60 days after the
41 the request is delivered to the board of county commissioners.
42 (3) If a majority of the votes cast and counted are in opposition to
43 allowing such swine enterprise to be established or expanded in such

HB 2914

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1 county, the county election officer shall transmit a copy of the result to
2 the secretary of state who shall publish in the Kansas register the result
3 of such election and that such swine enterprise is not allowed to be es-
4 tablished or expanded in such county.
5 (4) If a majority of the votes cast and counted is in favor of the prop-
6 osition, the county election officer shall transmit a copy of the result to
7 the secretary of state who shall publish in the Kansas register the result
8 of such election and that such swine enterprise is allowed to be estab-
9 lished or expanded in such county.
10 (5) The election provided for by this section shall be conducted, and
11 the votes counted and canvassed, in the manner provided by law for
12 question submitted elections of the county.
13 (d) Except for expansion of existing facilities, the provisions of this
14 act shall not apply to any swine enterprise which has already received a
15 permit as provided in subsection (a) by July 1, 1998.
16 (e) This act shall be called and may be cited as the swine enterprise
17 referendum act.
18 Sec. 2. This act shall take effect and be in force from and after its
19 publication in the statute book.
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