17-5907.   Dairy production facilities; establishmentin county, procedure.(a) (1) The board of county commissioners, by resolution,may permit adairyproduction facility, as defined in K.S.A. 17-5903, and amendments thereto, tobe established within the county. Such resolution shall be published once eachweek for two consecutive weeks in the official county newspaper. Theresolution shall take effect 60 days after final publication unless a validpetition in opposition to the same is filed.

      (2)   If within 60 days of the final publication of the resolution, a validprotest petition to submit the resolution to the qualified voters of the countyis signed by qualified electors of the county equal in number to not less than5% of the electors of the county who voted for the office of secretary of stateat the last preceding general election at which such office was elected and isfiled with the county election officer, the county election officer shallsubmit the question, as established in subsection (c), of whether a dairyproduction facility shall be allowed tobe established in such county at the next countywide election.

      (b) (1)   The board of county commissioners, upon a petition filed inaccordance with paragraph (b)(2), shall submit to the qualified electors of thecounty a proposition to permit a dairy production facility, as defined inK.S.A. 17-5903, and amendments thereto, to be established within the county.

      (2)   A petition to submit a proposition to the qualified voters of a countypursuant to this section shall be filed with the county election officer. Thepetition shall be signed by qualified electors of the county equal in number tonot less than 5% of the electors of the county who voted for the office ofsecretary of state at the last preceding general election at which such officewas elected. The following shall appear on the petition:

      "We request an election to determine whether acorporation, trust, limited liability company, limitedpartnership or corporate partnership, other than a family farm corporation,authorized farm corporation, limited liability agricultural company, limitedagricultural partnership, family trust, authorized trust or testamentary trustshall be allowed to, either directly or indirectly, own, acquire or otherwiseobtain or lease any agricultural land in ________ county for the purpose ofestablishing a dairy production facility."

      (3)   Upon the submission of a valid petition calling for an election pursuantto this subsection, the county election officer shall submit the question, asestablished in subsection (c), ofwhether a dairy production facility shall be allowed to be established in suchcounty at the next countywideelection whichoccurs more than 60 days after the petition is filed with the county electionofficer.

      (c)   In any election established pursuant to this section, the followingshall appear on the ballot:

      "Shall a corporation, trust, limited liability company, limited partnershipor corporate partnership, other than a family farm corporation, authorized farmcorporation, limited liability agricultural company, limited agriculturalpartnership, family trust, authorized trust or testamentary trust be allowedto, either directly or indirectly, own, acquire or otherwise obtain or leaseany agricultural land in ________ county for the purpose of establishing adairy production facility?"

      (d)   If a majority of the votes cast and counted are in opposition toallowing dairy production facilities to be established in such county, thecounty election officer shall transmit a copy of the result to the secretary ofstate who shall publish in the Kansas register the result of such election andthat dairy production facilities are not allowed to be established in suchcounty.

      (e)   If a majority of the votes cast and counted is in favor of theproposition, the county election officer shall transmit a copy of the resultto the secretary of state who shall publish in the Kansas register the resultof such election and that dairy production facilities are allowed to beestablished in such county.

      (f)   The election provided for by this section shall be conducted, and thevotes counted and canvassed, in the manner provided by law for questionsubmitted elections of the county.

      History:   L. 1994, ch. 249, § 1; April 28.