Session of 1999
HOUSE BILL No. 2253
By Committee on Agriculture
2-4
9 AN ACT relating to state officers and employees; concerning placement
10 of certain positions in the department of agriculture in the unclassified
11 service; amending K.S.A. 2-1315, 74-506d and 75-1401 and K.S.A.
12 1998 Supp. 2-1316 and 74-569 and repealing the existing sections.
13
14 Be it enacted by the Legislature of the State of Kansas:
15 Section 1. K.S.A. 2-1315 is hereby amended to read as follows: 2-
16 1315. (a) The state board secretary of agriculture is hereby empowered
17 to decide and adopt methods as official for control and eradication of
18 noxious weeds and to publish such methods, and to make adopt and
19 publish such rules and regulations as in its the secretary's judgment are
20 necessary to carry into effect the provisions of this act, and to alter or
21 suspend such rules and regulations when necessary.
22 (b) There is hereby created within the state board department of
23 agriculture, a noxious weeds division program which shall may consist of
24 a director, assistant directors chief administrative officer and other em-
25 ployees all of whom. Any chief administrative officer of the noxious weeds
26 program appointed by the secretary shall be in the unclassified service of
27 the Kansas civil service act and shall serve at the pleasure of the secretary.
28 Any other employees appointed under the noxious weeds program shall
29 be under the classified service of the Kansas civil service act. The state
30 board of agriculture is authorized to appoint a director of the noxious
31 weeds division and fix the director's salary, and such director shall be the
32 executive officer thereof and shall be under the supervision of the sec-
33 retary of the board. Nothing in this subsection shall affect the classified
34 status of any person employed by the department of agriculture as direc-
35 tor of the noxious weeds division or program on the day immediately
36 preceding the effective date of this act and the unclassified status as pre-
37 scribed by this subsection shall apply only to a person appointed as di-
38 rector of the noxious weeds program on and after the effective date of this
39 act. The provisions of this subsection shall not be construed to limit the
40 powers of the secretary pursuant to K.S.A. 75-2948, and amendments
41 thereto.
42 (c) The state board secretary of agriculture may establish not to ex-
43 ceed five (5) noxious weed control districts within this state and define
44 the boundaries thereof, such districts to be constituted to provide for the
45 most efficient control and eradication of noxious weeds and for the most
46 economical supervision thereof by the state.
47 (d) The director, with the approval of the board, shall secretary may
48 appoint an assistant state weed control director for each district so estab-
49 lished, and it shall be the duty of each such assistant to consult, advise,
50 render assistance and direction to county and city weed supervisors as to
51 the best and most practical methods of noxious weed control and eradi-
52 cation and to render every possible assistance and direction to such su-
53 pervisors for the most effective control and eradication of noxious weeds;
54 to aid in investigations and prosecutions of violations of this act; and to
55 prepare such records and reports and to perform such other services and
56 duties as the state weed control director shall direct. The assistant director
57 shall reside in the district for which he or she such assistant director is
58 appointed during the time he or she the person shall serve as such assis-
59 tant director. The director, with the approval of the board of agriculture,
60 secretary may also appoint such additional assistants and clerical employ-
61 ees as may be deemed necessary to properly conduct the work of the
62 noxious weeds division program. It shall be the duty of the county agri-
63 cultural agent to cooperate with and assist the county weed supervisors
64 in an intensive educational program on weed control.
65 (e) The director of the noxious weeds division of the state board of
66 agriculture secretary or a designee of the secretary shall enforce the rules
67 and regulations of the board adopted pursuant to this section and all
68 provisions of this act and acts amendatory and supplemental thereto.
69 (f) The state board secretary of agriculture is hereby authorized to
70 enter into agreements with any agencies of the federal government for
71 cooperation in the control and eradication of noxious weeds in Kansas in
72 keeping with the provisions of this act.
73 Sec. 2. K.S.A. 1998 Supp. 2-1316 is hereby amended to read as fol-
74 lows: 2-1316. (a) The board of county commissioners of each county shall,
75 and the governing body of any incorporated city or any group of counties
76 or cities may, employ for a stated time each year, with the approval of
77 the secretary of the state board of agriculture, a competent person as
78 county, city or district weed supervisor.
79 (b) The weed supervisor shall consult and cooperate with the state
80 division of staff of the noxious weeds program and with the any assistant
81 weed control director appointed for the supervisor's district, make annual
82 surveys of infestations (compile data on areas eradicated and under treat-
83 ment), and submit an annual report to the county commissioners and to
84 the state division of noxious weeds program staff, to consult and advise
85 upon all matters pertaining to the best and most practical methods for
86 noxious weed control and eradication and to render every possible assis-
87 tance and direction for the most effective control and eradication within
88 the supervisor's district; investigate or aid in the investigation and pros-
89 ecution of any violation of this act and report violations of which the
90 supervisor has knowledge to the county attorney.
91 (c) The salary of the county weed supervisor shall be borne as follows:
92 The state board department of agriculture to pay not more than one-
93 fourth thereof from any funds available, not less than three-fourths
94 thereof to be paid out of the county noxious weed fund, prorated as may
95 be decided at the time of such employment by the governing body or
96 bodies employing such supervisor.
97 (d) The boards of county commissioners, governing bodies of cities
98 and township boards, with the aid of their weed supervisors, shall make
99 by February 15th each year an annual weed eradication progress report
100 to the state board department of agriculture for the preceding calendar
101 year, on a form supplied by the state board department, and such other
102 weed reports as established by rules and regulations of the state board
103 secretary of agriculture.
104 Sec. 3. K.S.A. 74-506d is hereby amended to read as follows: 74-
105 506d. The state board secretary of agriculture is hereby authorized to
106 employ a chief engineer of the division of water resources and such expert
107 assistants, clerical and other help as may be necessary to properly carry
108 out the provisions of this act, and to fix their compensation, all of whom.
109 The chief engineer shall be in the unclassified service of the Kansas civil
110 service act and shall serve at the pleasure of the secretary. All other per-
111 sonnel, except as provided in K.S.A. 74-569 and amendments thereto, shall
112 be under the classified service of the Kansas civil service act. Nothing in
113 this section shall affect the classified status of any person employed by the
114 department of agriculture as chief engineer of the division of water re-
115 sources on the day immediately preceding the effective date of this act
116 and the unclassified status as prescribed by this section shall apply only
117 to a person appointed as chief engineer of the division of water resources
118 on or after the effective date of this act.
119 Sec. 4. K.S.A. 1998 Supp. 74-569 is hereby amended to read as fol-
120 lows: 74-569. (a) The secretary of agriculture may organize the depart-
121 ment of agriculture in the manner the secretary deems most efficient, so
122 long as the same is not in conflict with the provisions of this act or with
123 the provisions of law, and the secretary may establish policies governing
124 the transaction of business of the department and the administration of
125 each of the divisions programs within the department. Except as provided
126 in K.S.A. 83-205, and amendments thereto, the chief administrative of-
127 ficer of each division program of the department and each chief admin-
128 istrative officer within the division of water resources shall be within the
129 classified unclassified service under the Kansas civil service act, shall serve
130 at the pleasure of the secretary and shall perform such duties and exercise
131 such powers as the secretary of agriculture may prescribe and such duties
132 and powers as are prescribed by law. Such chief administrative officers
133 shall act for and exercise the powers of the secretary of agriculture to the
134 extent authority to do so is delegated by the secretary of agriculture.
135 Nothing in this subsection shall affect the classified status of any person
136 employed by the department of agriculture as a chief administrative of-
137 ficer of a program on the day immediately preceding the effective date of
138 this act and the unclassified status as prescribed by this subsection shall
139 apply only to a person appointed as a chief administrative officer on or
140 after the effective date of this act. Each chief administrative officer who
141 is currently in the classified service may voluntarily opt to be immediately
142 transferred to the unclassified service under the Kansas civil service act
143 by submitting a written request to the secretary of agriculture and to the
144 director of the division of personnel services. The provisions of this sub-
145 section shall not be construed to limit the powers of the secretary pursuant
146 to K.S.A. 75-2948, and amendments thereto.
147 (b) Except as otherwise provided in this act, and subject to the Kansas
148 civil service act, the chief administrative officer of each division program
149 of the department of agriculture shall appoint all subordinate officers and
150 employees of such officer's division program, subject to the approval of
151 the secretary, and all such subordinate officers and employees shall be
152 within the classified service of the Kansas civil service act. Personnel of
153 each such division program shall perform such duties and exercise such
154 powers as the chief administrative officer of their division program to the
155 extent authority to do so is delegated by such administrative officer.
156 Sec. 5. K.S.A. 75-1401 is hereby amended to read as follows: 75-
157 1401. The state board, secretary of agriculture is hereby authorized and
158 empowered to appoint a state dairy commissioner, and such assistants as
159 in its the secretary's judgment may be deemed necessary to fully carry
160 out the provisions of this act, and to fix their compensation, all of whom.
161 The dairy commissioner shall be in the unclassified service of the Kansas
162 civil service act and shall serve at the pleasure of the secretary. All other
163 personnel shall be under the classified service of the Kansas civil service
164 act, and said board. Nothing in this section shall affect the classified status
165 of any person employed by the department of agriculture as state dairy
166 commissioner on the day immediately preceding the effective date of this
167 act and the unclassified status as prescribed by this section shall apply
168 only to a person appointed as state dairy commissioner on and after the
169 effective date of this act. The secretary of agriculture is further authorized
170 to formulate and prescribe such reasonable rules and regulations as may
171 be deemed necessary to accomplish the purpose of article 7 of chapter
172 65 of Kansas Statutes Annotated.
173 Sec. 6. K.S.A. 2-1315, 74-506d and 75-1401 and K.S.A. 1998 Supp.
174 2-1316 and 74-569 are hereby repealed.
175 Sec. 7. This act shall take effect and be in force from and after its
176 publication in the statute book.