An Act concerning the Kansas state grain inspection department; relating to cooperative agreements, grain warehouse charges and establishing fees; amending K.S.A. 34-101b and 34-125 and K.S.A. 1995 Supp. 34-103a and 77-415 and repealing the existing sec- tions.

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

Section 1. K.S.A. 34-101b is hereby amended to read as follows: 34- 101b. (a) The director of the Kansas state grain inspection department, with the approval of the state grain advisory commission and the governor, is authorized and empowered to enter into contracts and agreements necessary to cooperate with the commodity credit corporation, a public corporation organized under the laws of the United States or other federal agencies to make uniform the procedures followed in examining state licensed public grain warehouses and to make available to the commodity credit corporation or other federal agencies the information acquired un- der such examining procedures by state warehouse examiners.

(b) The director of the Kansas state grain inspection department is authorized and empowered to enter into contracts and agreements nec- essary to cooperate with governmental agencies of this state, other states, agencies of the federal government and private associations in order to carry out the purpose and provisions of this chapter and the United States warehouse act, 7 U.S.C.A., section 241, et seq. Notwithstanding any other provisions of this chapter, such agreements may relate to a joint program for licensing, bonding and inspecting stations. Such a program may be designed to avoid duplication of effort on the part of the licensing au- thority and requirements for operation, and promote more efficient en- forcement of the provisions of this chapter and comparable provisions of the laws of the states of Nebraska, Colorado, Missouri and Oklahoma.

Sec. 2. K.S.A. 1995 Supp. 34-103a is hereby amended to read as follows: 34-103a. (a) The Kansas state grain inspection department shall collect from an applicant requesting services a fee for such services ren- dered by the department. Such fees shall be determined and fixed by the director by rules and regulations. Prior to determining and fixing such fees, the director shall consider recommendations thereon by receive ap- proval from the state grain advisory commission and further be approved by the federal grain inspection service prior to implementation. Such fees shall not be more than the amounts shown in the following fee schedule:

Carlot, per inspection or reinspection.........................          $ 20

    Extra sample secured at time of original, per request......             6

    New sample secured after original, per request.............             7

Articulate carlot, per inspection or reinspection, per 1,000 bu. or fraction    
             5

  Extra sample or new sample...................................            20

Truck or trailer, per inspection or reinspection...............            10

  Extra sample secured at time of original, per request........             5

Bin inspection, plus applicable sampler hourly rate............             7

Submitted sample inspection, per sample........................             7

Warehouse sample-lot inspection, per sample....................            10

Diverter-type sample at points outside inspection point switching limits, plus
     applicable sampler hourly rate and mileage            10

Barge inspection or reinspection, per 1,000 bu. or fraction....             5

All reinspections of above carriers based on file sample.......             7

Initial checktest and approve country point diverter-type samplers and train
     elevator sampler, plus hourly and travel time rate and mileage            60

Diverter-type review checktest visits at country points, hourly rate plus
     mileage            20

Checktesting diverter-type samplers at terminal points, hourly rate (with one
     hour minimum fee)            20

Chemical test (bleaching per sample)...........................            10

Protein, grains other than wheat...............................            15

Oil, grains other than wheat...................................            15

Protein initial or reinspection................................             5

Aflatoxin test (quick test)....................................            30

Aflatoxin kit..................................................            20

Aflatoxin test (quantitative test).............................            30

Factor only determination, one factor..........................             5

Factor only determination, 2 or more factors, per factor (not to exceed full
     grade fee)             5

Each approved statement requested in addition to grade requirement             5

Duplicate certificate..........................................             3

Stowage examination, carlot, per request.......................            10

Stowage examination, barge, per request........................            15

Stowage examination, articulate carlot, per request............            15

DHV count......................................................             7

Charge for services performed on overtime (after eight hours per day) by state
     grain personnel upon request by grain industry, including Sat-urdays, Sundays
     and holidays, per overtime hour            20

Charge per hour for sampler or weigher by special arrangement, per man          
      20

The following fees shall be charged for the services rendered by the de-partment
     pursuant to the United States agricultural marketing act of 1946, as amended:
    Inspection official warehouse lot, per certificate...........            25

  Inspection official car sample, per certificate..............            25

  Inspection official truck sample, per certificate............            20

  Inspection submitted sample, per certificate.................            15

  Inspection sampling fee, checkweighing or checkloading, per hour            20

Carlot, per class I weight, 100% supervision (Minimum of 2 cars weighed per hour
     or hourly charges apply on top of weighing charge)             8

Carlot per class II weight, 25% supervision....................             5

Barge weight, per 1,000 bu. or fraction........................             5

Truck or trailer, per weight...................................             8

House transfer weight, per 1,000 bu. or fraction...............             5

Weigh-up, annual, per 1,000 bu. or fraction....................             3

In weighing, sacked cars, per manhour..........................            20

Out weighing, sacked cars, with count, per manhour.............            20

Out weighing, sacked cars, with count and weight each sack, per manhour         
       20

Charge for services performed on call in or call back after designated working
     hours by state grain personnel upon request by grain industry, including
     Saturdays, Sundays and holidays, per hour (with two hours minimum fee)         
       20

Special services...............................................            30

(b) Where any service is performed in a business community where the department does not regularly maintain an inspection station, the department may charge for subsistence and transportation of personnel and equipment from the headquarters of such personnel to such point and return. Such charges shall be set by adoption of rules and regulations as provided by law by the director in the same manner as fees are deter- mined pursuant to subsection (a). The director may fix the manner in which the charges are collected.

(c) If any person, warehouse or railroad corporation or any of their agents or employees refuses or prevents the officers of the department from having access to their scales, elevators, warehouses and other places in the regular performance of their duties in inspecting, sampling, sam- pling for inspection and weighing grain or other property in accordance with the tenor and meaning of this act or any law now in force or that may be enacted in relation to the same, such persons or corporations shall be guilty of a misdemeanor.

(d) The department is authorized to provide up to a 20% discount of fees of services rendered through a contractual agreement in which the applicant agrees to have all services performed by the department. The number and type of services shall be listed in the contractual agreement and may include, but are not limited to: (1) Carlot, trucklot, barge lot, in or out inspections; (2) weights including submitted samples, protein, af- latoxin; and (3) other tests that may be requested or are provided by the department.

Sec. 3. K.S.A. 34-125 is hereby amended to read as follows: 34-125. (a) The commission shall , prior to June 1 each year, shall determine a schedule of maximum and minimum charges to be made by public grain warehouses, licensed under the laws of the state of Kansas, for the storage of grain and for such other and extraordinary services performed or to be performed by such licensed public grain warehousemen during the en- suing license year. Such charges made by such warehouse shall be filed with the Kansas grain inspection department and such warehouse shall not be required to refile such charges unless such warehouse is changing such charges that are posted or until such time that the charges are changed by the commission and the director. Upon determining such schedule of maximum and minimum charges, the commission shall rec- ommend to the director the adoption of such maximum and minimum charges, but the director may increase or decrease any or all of such charges as he the director shall deem necessary in the public interest. Any or all of such maximum or minimum charges, as may be increased or decreased by the director, may be restored to the original maximum and minimum charges as recommended by the commission, if such res- toration is approved by a vote of at least four members of such commis- sion at a regular meeting or a special meeting called as provided in K.S.A. 34-123, and amendments thereto.

The schedule of maximum and minimum charges determined as here- inbefore provided shall become effective on June 1 of such year, and no sooner, and if

(b) If any of such charges be changed from those previously in effect the director shall notify all currently licensed public warehousemen of such schedule of maximum and minimum charges on or before June 1 preceding the commencement of the license year for which such schedule shall be effective, except that in case the commission overrides increases or decreases in such schedule by the director and restores the original maximum and minimum charges as determined by the commission at any time subsequent to June 1, then the director shall notify all currently licensed public warehousemen of such restored schedule of maximum and minimum charges within five (5) days after the action of the com- mission restoring the original schedule.

Sec. 4. K.S.A. 1995 Supp. 77-415 is hereby amended to read as fol- lows: 77-415. As used in K.S.A. 77-415 through 77-437, and amendments thereto, unless the context clearly requires otherwise:

(1) ``State agency'' means any officer, department, bureau, division, board, authority, agency, commission or institution of this state, except the judicial and legislative branches, which is authorized by law to prom- ulgate rules and regulations concerning the administration, enforcement or interpretation of any law of this state.

(2) ``Person'' means firm, association, organization, partnership, busi- ness trust, corporation or company.

(3) ``Board'' means the state rules and regulations board established under the provisions of K.S.A. 77-423 and amendments thereto.

(4) ``Rule and regulation,'' ``rule,'' ``regulation'' and words of like ef- fect mean a standard, statement of policy or general order, including amendments or revocations thereof, of general application and having the effect of law, issued or adopted by a state agency to implement or inter- pret legislation enforced or administered by such state agency or to gov- ern the organization or procedure of such state agency. Every rule and regulation adopted by a state agency to govern its enforcement or ad- ministration of legislation shall be adopted by the state agency and filed as a rule and regulation as provided in this act. The fact that a statement of policy or an interpretation of a statute is made in the decision of a case or in a state agency decision upon or disposition of a particular matter as applied to a specific set of facts does not render the same a rule and regulation within the meaning of the foregoing definition, nor shall it constitute specific adoption thereof by the state agency so as to be re- quired to be filed. A rule and regulation as herein defined shall not in- clude any rule and regulation which: (a) Relates to the internal manage- ment or organization of the agency and does not affect private rights or interest; (b) is an order directed to specifically named persons or to a group which does not constitute a general class and the order is served on the person or persons to whom it is directed by appropriate means. The fact that the named person serves a group of unnamed persons who will be affected does not make such an order a rule and regulation; (c) relates to the use of highways and is made known to the public by means of signs or signals; (d) relates to the construction and maintenance of highways or bridges or the laying out or relocation of a highway other than bidding procedures or the management and regulation of rest areas; (e) relates to the curriculum of public educational institutions or to the administration, conduct, discipline, or graduation of students from such institutions or relates to parking and traffic regulations of state educa- tional institutions under the control and supervision of the state board of regents; (f) relates to the emergency or security procedures of a correc- tional institution, as defined in subsection (d) of K.S.A. 75-5202 and amendments thereto; (g) relates to the use of facilities by public libraries; (h) relates to military or naval affairs other than the use of armories; (i) relates to the form and content of reports, records or accounts of state, county or municipal officers, institutions, or agencies; (j) relates to ex- penditures by state agencies for the purchase of materials, equipment, or supplies by or for state agencies, or for the printing or duplicating of materials for state agencies; (k) establishes personnel standards, job clas- sifications, or job ranges for state employees who are in the classified civil service; (l) fixes or approves rates, prices, or charges, or rates, joint rates, fares, tolls, charges, rules, regulations, classifications or schedules of com- mon carriers or public utilities subject to the jurisdiction of the state corporation commission, except when a statute specifically requires the same to be fixed by rule and regulation; (m) determines the valuation of securities held by insurance companies; (n) is a statistical plan relating to the administration of rate regulation laws applicable to casualty insurance or to fire and allied lines insurance; (o) is a form, the content or substan- tive requirements of which are prescribed by rule and regulation or stat- ute; (p) is a pamphlet or other explanatory material not intended or de- signed as interpretation of legislation enforced or adopted by a state agency but is merely informational in nature; (q) establishes seasons and fixes bag, creel, possession, size or length limits for the taking or posses- sion of wildlife, if such seasons and limits are made known to the public by other means; or (r) establishes records retention and disposition sched- ules for any or all state agencies; or (s) fixes or approves fees for services rendered by the Kansas state grain inspection department pursuant to K.S.A. 34-103a, and amendments thereto.

(5) ``Environmental rule and regulation'' means:

(A) A rule and regulation adopted by the state board of agriculture, the secretary of the state board of agriculture, the secretary of health and environment or the state corporation commission, which has as a primary purpose the protection of the environment; or

(B) a rule and regulation adopted by the secretary of wildlife and parks concerning threatened or endangered species of wildlife as defined in K.S.A. 32-958 and amendments thereto.

Sec. 5. K.S.A. 34-101b and 34-125 and K.S.A. 1995 Supp. 34-103a and 77-415 are hereby repealed.

Sec. 6. This act shall take effect and be in force from and after its publication in the Kansas register.

Approved March 22, 1996.