17-5907. Dairy production facilities; establishment in county, procedure.
17-5907
17-5907. Dairy production facilities; establishment
in county, procedure.
(a) (1) The board of county commissioners, by resolution,
may permit a
dairy
production facility, as defined in K.S.A. 17-5903, and amendments thereto, to
be established within the county. Such resolution shall be published once each
week for two consecutive weeks in the official county newspaper. The
resolution shall take effect 60 days after final publication unless a valid
petition in opposition to the same is filed.
(2) If within 60 days of the final publication of the resolution, a valid
protest petition to submit the resolution to the qualified voters of the county
is signed by qualified electors of the county equal in number to not less than
5% of the electors of the county who voted for the office of secretary of state
at the last preceding general election at which such office was elected and is
filed with the county election officer, the county election officer shall
submit the question, as established in subsection (c), of whether a dairy
production facility shall be allowed to
be established in such county at the next countywide election.
(b) (1) The board of county commissioners, upon a petition filed in
accordance with paragraph (b)(2), shall submit to the qualified electors of the
county a proposition to permit a dairy production facility, as defined in
K.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 county
pursuant to this section shall be filed with the county election officer. The
petition shall be signed by qualified electors of the county equal in number to
not less than 5% of the electors of the county who voted for the office of
secretary of state at the last preceding general election at which such office
was elected. The following shall appear on the petition:
"We request an election to determine whether a
corporation, trust, limited liability company, limited
partnership or corporate partnership, other than a family farm corporation,
authorized farm corporation, limited liability agricultural company, limited
agricultural partnership, family trust, authorized trust or testamentary trust
shall be allowed to, either directly or indirectly, own, acquire or otherwise
obtain or lease any agricultural land in ________ county for the purpose of
establishing a dairy production facility."
(3) Upon the submission of a valid petition calling for an election pursuant
to this subsection, the county election officer shall submit the question, as
established in subsection (c), of
whether a dairy production facility shall be allowed to be established in such
county at the next countywide
election which
occurs more than 60 days after the petition is filed with the county election
officer.
(c) In any election established pursuant to this section, the following
shall appear on the ballot:
"Shall a corporation, trust, limited liability company, limited partnership
or corporate partnership, other than a family farm corporation, authorized farm
corporation, limited liability agricultural company, limited agricultural
partnership, family trust, authorized trust or testamentary trust be allowed
to, either directly or indirectly, own, acquire or otherwise obtain or lease
any agricultural land in ________ county for the purpose of establishing a
dairy production facility?"
(d) If a majority of the votes cast and counted are in opposition to
allowing dairy production facilities to be established 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
that dairy production facilities are not allowed to be established in such
county.
(e) If a majority of the votes cast and counted is in favor of the
proposition, 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 that dairy production facilities are allowed to be
established in such county.
(f) 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.
History: L. 1994, ch. 249, § 1; April 28.