An Act concerning plant pests; relating to fees; amending K.S.A. 2-2118 and repealing the existing section.

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

Section 1. K.S.A. 2-2118 is hereby amended to read as follows: 2- 2118. (a) The secretary shall inspect or cause to be inspected all nurseries in the state at least once each year. If upon inspection of any nursery it appears that such nursery and its premises are apparently free from plant pests, the secretary shall issue to the owner or the person in charge of such nursery a certificate setting forth the facts of such inspection. Before such certificate is issued the nurseryman nurseryperson shall pay a cer- tificate fee plus an inspection fee assessed on the basis of a dollar amount for each acre or fraction thereof of nursery stock inspected, which fees shall be fixed by rules and regulations adopted by the board secretary, except that the certificate fee shall not exceed $30 and the inspection fee shall not exceed an amount assessed on the basis of $5 for each acre or fraction thereof of nursery stock inspected. The nursery certificate fee and the rate of assessment for the inspection fee which are in effect on the day preceding the effective date of this act shall continue in effect until the board secretary adopts rules and regulations fixing a different fee therefor under this subsection.

(b) Such certificate shall be valid until the first day of September of the year of issuance, except where the inspection is made after the first day of May the certificate shall be valid until the first day of September of the following year, unless sooner revoked.

(c) Any person who is not a nurseryman nurseryperson but who owns or possesses plants or plant products which such person wishes to have inspected or who owns or possesses plants or plant products which such person wishes to ship into another state or country, may request that the secretary inspect such plant or plant products with reference to the pres- ence of any plant pests or with reference to the presence of plant pests likely to prevent the acceptance of such plants or plant products in such other state or country. The secretary may comply with such request as soon as it is conveniently practicable and shall issue a certificate setting forth the facts of the inspection. The secretary shall charge and collect fees for such inspection and certificate which shall be fixed by rules and regulations adopted by the board secretary so that the fee is the larger of the amount determined on a rate per hour plus the mileage expenses incurred by the inspector, which shall be at the mileage allowance rate prescribed by rules and regulations adopted under K.S.A. 75-3203a, and amendments thereto, or a dollar amount plus an amount per certificate, except that such fees and amounts shall not exceed fees at the rates of $30 per hour plus such mileage expenses incurred by the inspector or $50 plus $5 $50 per certificate, whichever is the larger amount. The fees for such inspection and certificate in effect on the day preceding the effective date of this act shall continue in effect until the board secretary adopts rules and regulations fixing a different fee therefor under this subsection except that on and after July 1, 1996, the certificate fee shall be $5 for certificates issued for plant and plant products shipped into another state and $20 for plants and plant products shipped into another country until the secretary adopts rules and regulations fixing a different fee therefor under this subsection. In any case where any intended re- ceiving state or country requires or authorizes the certification of nursery stock, plants or plant products to be based on origin, special handling, treatment or any other procedure in addition to or in lieu of actual visual inspection of such nursery stock, plants or plant products, the secretary may provide such certification.

Sec. 2. K.S.A. 2-2118 is hereby repealed.

Sec. 3. This act shall take effect and be in force from and after its publication in the statute book.

Approved March 29, 1996.