Session of 1999
         
HOUSE BILL No. 2252
         
By Committee on Agriculture
          
2-4
          
  9             AN  ACT relating to commercial fertilizers; concerning inspection fees;
10             funding for pesticide use survey; amending K.S.A. 2-1205 and repeal-
11             ing the existing section.
12      
13       Be it enacted by the Legislature of the State of Kansas:
14             Section  1. K.S.A. 2-1205 is hereby amended to read as follows: 2-
15       1205. An inspection fee shall be collected upon all commercial fertilizers
16       sold, offered or exposed for sale, or distributed in Kansas, which shall be
17       at a rate per ton of 2,000 pounds fixed by rules and regulations adopted
18       by the state board secretary of agriculture, except that such rate shall not
19       exceed $1.70 $1.67 per ton of 2,000 pounds. The inspection fee rate per
20       ton of 2,000 pounds in effect on the day preceding the effective date of
21       this act shall continue in effect until the state board secretary of agricul-
22       ture adopts rules and regulations fixing a different inspection fee rate
23       under this section. Each person registering any commercial fertilizer shall
24       pay the inspection fee on such commercial fertilizer sold, offered or ex-
25       posed for sale, or distributed in Kansas, and shall keep adequate records
26       showing the tonnage of each commercial fertilizer shipped to or sold,
27       offered or exposed for sale, or distributed in Kansas, and the secretary,
28       and duly authorized representatives of the secretary, shall have authority
29       to examine such records and other pertinent records necessary to verify
30       the statement of tonnage.
31             Each person registering any commercial fertilizer shall file an affidavit
32       semiannually, with the secretary, within 30 days after each January 1 and
33       each July 1, showing the tonnage of commercial fertilizer sold or distrib-
34       uted in Kansas for the preceding six-month period, and shall pay to the
35       secretary the inspection fee due thereon for such six-month period, except
36       that the registrant shall not be required to pay the inspection fee or report
37       the tonnage of commercial fertilizers or fertilizer materials sold and
38       shipped directly to fertilizer manufacturers or mixers, but the fertilizer
39       manufacturers or mixers shall keep adequate records of the commercial
40       fertilizers sold or distributed in this state, and report to the secretary the
41       tonnage thereof and pay the inspection fee due thereon. If the affidavit
42       is not filed and the inspection fee is not paid within the thirty-day period,
43       or if the report of tonnage is false, the secretary may revoke the registra-

HB 2252

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  1       tions filed by such person; and if the affidavit is not filed and the inspec-
  2       tion fee is not paid within the thirty-day period, or any extension thereof
  3       granted by the secretary, a penalty of $5 per day shall be assessed against
  4       the registrant and the inspection fee and penalty shall constitute a debt
  5       and become the basis for a judgment against such person. The secretary
  6       may grant a reasonable extension of time.
  7             The Kansas state board department of agriculture is hereby authorized
  8       and empowered to reduce the inspection fee by adopting rules and reg-
  9       ulations under this section whenever it shall determine that the inspection
10       fee is yielding more than is necessary for the purpose of administering
11       the provisions of this act as listed below, and the board secretary is hereby
12       authorized and empowered to increase the inspection fee by adopting
13       rules and regulations under this section when it finds that such is nec-
14       essary to produce sufficient revenues for the purposes of administering
15       the provisions of this act, but not in excess of the maximum fee prescribed
16       by this section. The secretary shall remit all moneys received by or for
17       the secretary under article 12 of chapter 2 of Kansas Statutes Annotated
18       and amendments thereto to the state treasurer at least monthly. Upon
19       receipt of any such remittance the state treasurer shall credit the remit-
20       tance as follows: (1) An amount equal to $1.40 per ton shall be credited
21       to the state water plan fund created by K.S.A. 82a-951, and amendments
22       thereto; (2) an amount equal to $.04 per ton shall be credited to the
23       fertilizer research fund; and (3) the remainder shall be credited to the
24       fertilizer fee fund. An amount of $100,000 from the fertilizer fee fund
25       shall be authorized for the purpose of conducting a pesticide use survey.
26       All expenditures from the fertilizer fee fund shall be made in accordance
27       with appropriation acts upon warrants of the director of accounts and
28       reports issued pursuant to vouchers approved by the secretary of the state
29       board department of agriculture or by a person or persons designated by
30       the secretary. 
31       Sec.  2. K.S.A. 2-1205 is hereby repealed.
32        Sec.  3. This act shall take effect and be in force from and after its
33       publication in the statute book.