Session of 2000
HOUSE BILL No. 3026
By Committee on Appropriations
3-8
10 AN ACT
concerning agriculture; relating to inspection fees; funding
for
11 plant pest activities;
amending K.S.A. 2-2911 and K.S.A. 1999 Supp.
12 2-1012 and 2-1205 and
repealing the existing sections.
13
14 Be it enacted by the Legislature of the
State of Kansas:
15 Section
1. K.S.A. 1999 Supp. 2-1012 is hereby amended to read as
16 follows: 2-1012. The secretary shall remit
all moneys received by or for
17 the secretary under article 10 of chapter 2
of Kansas Statutes Annotated
18 and amendments thereto to the state
treasurer at least monthly. On and
19 after the effective date of this
act through June 30, 1999, upon receipt of
20 any such remittance the state
treasurer shall deposit the entire amount
21 thereof in the state treasury and
an amount equal to $.005 per ton of
22 2,000 pounds or fraction thereto
for each commercial feeding stuffs sold,
23 offered or exposed for sale or
distribution in this state shall be credited
24 to the laboratory equipment fund
created by K.S.A. 1999 Supp. 74-554,
25 and amendments thereto, and the
remainder shall be credited to the
26 feeding stuffs fee fund. On and
after July 1, 1999, Upon receipt of any
27 such remittance the state treasurer shall
deposit the entire amount
28 thereof in the state treasury and the same
shall be credited to the feeding
29 stuffs fee fund. An amount not to exceed
$75,000 per year may be used
30 to fund plant pest activities. All
expenditures from the feeding stuffs fee
31 fund shall be made in accordance with
appropriation acts upon warrants
32 of the director of accounts and reports
issued pursuant to vouchers ap-
33 proved by the secretary of the
state board department of agriculture
or
34 by a person or persons designated by the
secretary.
35 Sec.
2. K.S.A. 1999 Supp. 2-1205 is hereby amended to read as
fol-
36 lows: 2-1205. An inspection fee shall be
collected upon all commercial
37 fertilizers sold, offered or exposed for
sale, or distributed in Kansas, which
38 shall be at a rate per ton of 2,000 pounds
fixed by rules and regulations
39 adopted by the secretary of agriculture,
except that such rate shall not
40 exceed $1.67 per ton of 2,000 pounds.
The inspection fee rate per ton of
41 2,000 pounds in effect on the day
preceding the effective date of this act
42 shall continue in effect
until The secretary of agriculture adopts
may
43 adopt rules and regulations
fixing a different establishing the
inspection
2
1 fee rate under this section. Each
person registering any commercial fer-
2 tilizer shall pay the inspection fee
on such commercial fertilizer sold,
3 offered or exposed for sale, or
distributed in Kansas, and shall keep ad-
4 equate records showing the tonnage of
each commercial fertilizer shipped
5 to or sold, offered or exposed for
sale, or distributed in Kansas, and the
6 secretary, and duly authorized
representatives of the secretary, shall have
7 authority to examine such records and
other pertinent records necessary
8 to verify the statement of
tonnage.
9 Each person
registering any commercial fertilizer shall file an affidavit
10 semiannually, with the secretary, within 30
days after each January 1 and
11 each July 1, showing the tonnage of
commercial fertilizer sold or distrib-
12 uted in Kansas for the preceding six-month
period, and shall pay to the
13 secretary the inspection fee due thereon
for such six-month period, except
14 that the registrant shall not be required
to pay the inspection fee or report
15 the tonnage of commercial fertilizers or
fertilizer materials sold and
16 shipped directly to fertilizer
manufacturers or mixers, but the fertilizer
17 manufacturers or mixers shall keep adequate
records of the commercial
18 fertilizers sold or distributed in this
state, and report to the secretary the
19 tonnage thereof and pay the inspection fee
due thereon. If the affidavit
20 is not filed and the inspection fee is not
paid within the thirty-day period,
21 or if the report of tonnage is false, the
secretary may revoke the registra-
22 tions filed by such person; and if the
affidavit is not filed and the inspec-
23 tion fee is not paid within the thirty-day
period, or any extension thereof
24 granted by the secretary, a penalty of $5
per day shall be assessed against
25 the registrant and the inspection fee and
penalty shall constitute a debt
26 and become the basis for a judgment against
such person. The secretary
27 may grant a reasonable extension of
time.
28 The secretary of the
department of agriculture is hereby authorized
29 and empowered to reduce the inspection fee
by adopting rules and reg-
30 ulations under this section whenever it
shall determine that the inspection
31 fee is yielding more than is necessary for
the purpose of administering
32 the provisions of this act as listed below
and the plant pest act, and the
33 secretary is hereby authorized and
empowered to increase the inspection
34 fee by adopting rules and regulations under
this section when it finds that
35 such is necessary to produce sufficient
revenues for the purposes of ad-
36 ministering the provisions of this act, but
not in excess of the maximum
37 fee prescribed by this section. The
secretary shall remit all moneys re-
38 ceived by or for the secretary under
article 12 of chapter 2 of Kansas
39 Statutes Annotated and amendments thereto
to the state treasurer at least
40 monthly. Upon receipt of any such
remittance the state treasurer shall
41 credit the remittance as follows: (1) An
amount equal to $1.40 per ton
42 shall be credited to the state water plan
fund created by K.S.A. 82a-951,
43 and amendments thereto; (2) an amount equal
to $.04 per ton shall be
3
1 credited to the fertilizer research
fund; and (3) the remainder shall be
2 credited to the fertilizer fee fund.
An amount of $100,000 from the fer-
3 tilizer fee fund shall be authorized
for the purpose of conducting a pes-
4 ticide use survey. An amount not
to exceed $75,000 per year may be used
5 to fund plant pest activities.
All expenditures from the fertilizer fee fund
6 shall be made in accordance with
appropriation acts upon warrants of the
7 director of accounts and reports
issued pursuant to vouchers approved
8 by the secretary of the department of
agriculture or by a person or persons
9 designated by the secretary.
10 Sec.
3. K.S.A. 2-2911 is hereby amended to read as follows:
2-2911.
11 The secretary shall remit all moneys
received by or for him or her the
12 secretary under this act to the
state treasurer at least monthly. Upon
13 receipt of any such remittance the state
treasurer shall deposit the entire
14 amount thereof in the state treasury and
the same shall be credited to
15 the agricultural liming materials fee fund,
which fund is hereby created.
16 An amount not to exceed $75,000 per year
may be used to fund plant pest
17 activities. All expenditures from
such fund shall be made in accordance
18 with appropriation acts upon warrants of
the director of accounts and
19 reports issued pursuant to vouchers
approved by the secretary of the state
20 board department of
agriculture or by a person or persons designated by
21 him or her the
secretary.
22 Sec. 4. K.S.A. 2-2911 and K.S.A.
1999 Supp. 2-1012 and 2-1205 are
23 hereby repealed.
24 Sec. 5. This act shall
take effect and be in force from and after its
25 publication in the statute book.