CHAPTER 97
SENATE BILL No. 65
An Act relating to agriculture; concerning commercial
fertilizers, inspection fees and fund-
ing for pesticide use survey; enabling Kansas to enter into a dairy
interstate compact;
amending K.S.A. 2-1205 and repealing the existing
section.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2-1205 is hereby
amended to read as follows: 2-
1205. An inspection fee shall be collected upon all commercial
fertilizers
sold, offered or exposed for sale, or distributed in Kansas, which
shall be
at a rate per ton of 2,000 pounds fixed by rules and regulations
adopted
by the state board secretary of
agriculture, except that such rate shall not
exceed $1.70 $1.67 per ton of 2,000 pounds.
The inspection fee rate per
ton of 2,000 pounds in effect on the day preceding the effective
date of
this act shall continue in effect until the state
board secretary of agricul-
ture adopts rules and regulations fixing a different inspection fee
rate
under this section. Each person registering any commercial
fertilizer shall
pay the inspection fee on such commercial fertilizer sold, offered
or ex-
posed for sale, or distributed in Kansas, and shall keep adequate
records
showing the tonnage of each commercial fertilizer shipped to or
sold,
offered or exposed for sale, or distributed in Kansas, and the
secretary,
and duly authorized representatives of the secretary, shall have
authority
to examine such records and other pertinent records necessary to
verify
the statement of tonnage.
Each person registering any commercial
fertilizer shall file an affidavit
semiannually, with the secretary, within 30 days after each January
1 and
each July 1, showing the tonnage of commercial fertilizer sold or
distrib-
uted in Kansas for the preceding six-month period, and shall pay to
the
secretary the inspection fee due thereon for such six-month period,
except
that the registrant shall not be required to pay the inspection fee
or report
the tonnage of commercial fertilizers or fertilizer materials sold
and
shipped directly to fertilizer manufacturers or mixers, but the
fertilizer
manufacturers or mixers shall keep adequate records of the
commercial
fertilizers sold or distributed in this state, and report to the
secretary the
tonnage thereof and pay the inspection fee due thereon. If the
affidavit
is not filed and the inspection fee is not paid within the
thirty-day period,
or if the report of tonnage is false, the secretary may revoke the
registra-
tions filed by such person; and if the affidavit is not filed and
the inspec-
tion fee is not paid within the thirty-day period, or any extension
thereof
granted by the secretary, a penalty of $5 per day shall be assessed
against
the registrant and the inspection fee and penalty shall constitute
a debt
and become the basis for a judgment against such person. The
secretary
may grant a reasonable extension of time.
The Kansas state board
secretary of the department of agriculture is
hereby authorized and empowered to reduce the inspection fee by
adopt-
ing rules and regulations under this section whenever it shall
determine
that the inspection fee is yielding more than is necessary for the
purpose
of administering the provisions of this act as listed below,
and the board
secretary is hereby authorized and empowered to increase the
inspection
fee by adopting rules and regulations under this section when it
finds that
such is necessary to produce sufficient revenues for the purposes
of ad-
ministering the provisions of this act, but not in excess of the
maximum
fee prescribed by this section. The secretary shall remit all
moneys re-
ceived by or for the secretary under article 12 of chapter 2 of
Kansas
Statutes Annotated and amendments thereto to the state treasurer at
least
monthly. Upon receipt of any such remittance the state treasurer
shall
credit the remittance as follows: (1) An amount equal to $1.40 per
ton
shall be credited to the state water plan fund created by K.S.A.
82a-951,
and amendments thereto; (2) an amount equal to $.04 per ton shall
be
credited to the fertilizer research fund; and (3) the remainder
shall be
credited to the fertilizer fee fund. An amount of $100,000 from
the fer-
tilizer fee fund shall be authorized for the purpose of
conducting a pes-
ticide use survey. All expenditures from the fertilizer fee
fund shall be
made in accordance with appropriation acts upon warrants of the
director
of accounts and reports issued pursuant to vouchers approved by
the
secretary of the state board department of
agriculture or by a person or
persons designated by the secretary.
New Sec. 2. The state of Kansas may
seek to enter into a dairy in-
terstate compact with other states for the purpose of the orderly
mar-
keting of milk. Prior to entering into such compact, an economic
impact
study shall be conducted by the secretary of agriculture to
determine the
impact on producers, processors and consumers. Subject to the
approval
of the legislature or in the event the legislature is not in
session, the
legislative coordinating council, the secretary of agriculture is
hereby au-
thorized to enter into such compact on behalf of the state of
Kansas.
Sec. 3. K.S.A. 2-1205 is hereby
repealed.
Sec. 4. This act shall take effect
and be in force from and after its
publication in the statute book.
Approved April 14, 1999.
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