CHAPTER 78 HOUSE BILL No. 2602 An  Act concerning agriculture; relating to noxious weeds; county discount program; amending K.S.A. 2-1333 and repealing the existing section. Be it enacted by the Legislature of the State of Kansas:

      Section  1. K.S.A. 2-1333 is hereby amended to read as follows: 2-
1333. (a) The board of county commissioners may adopt a resolution to
authorize the establishment of a program to provide chemical materials
used in the control and eradication of noxious weeds to landowners
through chemical dealers on a discount basis.

      (b) If such program is authorized, the county weed supervisor shall
issue discount certificates, prior to the chemicals being purchased from
the chemical dealers, to the landowners. Such certificate shall be taken
to a chemical dealer and be presented for the purchase of the chemical
material. The chemical dealer shall issue an invoice showing the credit
amount of the discount certificate. The dealer shall send the certificate
and a copy of the invoice to the county weed supervisor. The certificates
and invoices shall be turned over to the board of county commissioners,
and no more than the stated amount on the certificate shall be reimbursed
to the chemical dealers. The discount certificates shall be paid from the
noxious weed fund.

      (c) If such program is authorized, on January 1 of each year, the board
of county commissioners shall determine the amount of money that may
be used from the noxious weed fund to provide for the control and erad-
ication of noxious weeds on privately owned land. The board shall state
the dollar amount the county shall pay per unit for the purchase of chem-
ical materials used on privately owned lands. Whenever official methods
of eradication, adopted by the state board of agriculture, are not followed
in applying the chemical materials, the board of county commissioners
may refuse to pay the discount certificate and the total cost shall be paid
by the private landowner.

      (d)  (1) If a board of county commissioners does not issue discount
certificates as provided in subsection (b), a petition to submit a proposi-
tion calling for an election to establish the program to provide chemical
materials used in the control and eradication of noxious weeds to land-
owners through chemical dealers on a discount basis may be filed with
the county election officer. Such petition shall be signed by qualified voters
of the county equal in number to not less than 5% of the voters of the
county who voted for the office of secretary of state at the last preceding
general election at which such officer was elected.

      (2) Upon the submission of a valid petition calling for an election
pursuant to this subsection, the county election officer shall submit the
question of whether the program as provided in this section shall be es-
tablished in such county at the next state or county-wide regular or special
election which occurs more than 60 days after the petition is filed with
the county election officer.

      (3) If a majority of the votes cast and counted are in opposition to
establishing the program as provided in this section in such county, the
county election officer shall transmit a copy of the result to the secretary
of state who shall publish in the Kansas register the result of such election
and the program as provided in this section shall not be established in
such county.

      (4) If a majority of the votes cast and counted are in favor of the
proposition, the county election officer shall transmit a copy of the results
to the secretary of state who shall publish in the Kansas register the result
of such election and that the program as provided in this section shall be
established in such county within 18 months.

      (5) The election provided for by this section shall be conducted, and
the votes counted and canvassed, in the manner provided by law for
question submitted elections of the county, except that the county election
officer shall publish in the official county newspaper a notice of such
election once each week for two consecutive weeks, the first publication
to be not less than 21 days before the election, and such notice shall state
the date and time of the election and the proposition that will appear on
the ballot. 
Sec.  2. K.S.A. 2-1333 is hereby repealed.
 Sec.  3. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 22, 2002.
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