17-5908.   Swine production facilities; establishmentin county,procedure.(a) The board of county commissioners, by resolution,may submit to the qualified voters of the county a propositionto allow swine production facilities, as defined in K.S.A. 17-5903, andamendments thereto, tobe established within the county. Upon adoption of such resolution,the county election officer shallsubmit the question of whether swine productionfacilities shall be allowed tobe established in such county at the next state or county-wide regular orspecial election.

      (b) (1)   The board of county commissioners, upon a petition filed inaccordance with paragraph (b)(2), shall submit to the qualifiedvoters of thecounty a proposition to allow swine productionfacilities, asdefined 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 subsection (b) shall be filed with the countyelection officer. Thepetition shall be signed by qualified voters of the countyequal in number tonot less than 5% of the voters of the county who voted for theoffice 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 corporate swine productionfacilitiesshall be allowed to be established in _______ county, pursuant to K.S.A.17-5904."

      (3)   Upon the submission of a valid petition calling for an election pursuantto this subsection, the county election officer shall submit the question ofwhether swine production facilities shall be allowed tobe established in suchcounty at the next state or county-wide regular or special election whichoccurs more than 60 days after the petition is filed with the county electionofficer.

      (c)   If a majority of the votes cast and counted are in opposition toallowing swine 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 swine production facilities are not allowed to be established in suchcounty.

      (d)   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 swine production facilities are allowed to beestablished in such county.

      (e)   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, except that the county election officershall publish in the official county newspaper a notice of such election onceeach week for two consecutive weeks, the first publication to be not less than21 days before the election, and such notice shall state the date and time ofthe election and the proposition that will appear on the ballot.

      History:   L. 1994, ch. 130, § 1;L. 1998, ch. 143, § 45; May 7.