2-1322.   Purchase and use of equipment and chemicals;sale of chemicals,price; charges for use of machinery and equipment; record of purchases,sales and charges.(a) The board of county commissioners, or the governing body ofincorporatedcities, cooperating with the secretary ofagriculture, shall purchase or provide for needed and necessaryequipment and necessary chemical material for the control anderadication of noxious weeds. The board of county commissioners of anycounty or the governing body of any city may use any equipment ormaterials purchased as provided for in this section, upon the highways,streets and alleys, for the treatment and eradication of weeds whichhave not been declared noxious by legislative action.

      (b)   Except as provided in K.S.A. 2-1333 and amendments thereto, theboard of county commissioners shall sell chemical material to the landowners intheir jurisdiction at a price fixed by the board of county commissionerswhich shall be in an amount equal to not less than50% nor morethan 75% of the total cost incurred by the county inpurchasing, storing and handling such chemical materials used in thecontrol and eradication of noxious weeds, and may makesuch charge for the use of machines or other equipment and operators asmay be deemed by them sufficient to cover the actual cost of operation.However, once the tax levying body of a county, city or township has authorizeda tax levy of 1.5 mills or more, the board of countycommissionersmay collect from the landowners in their jurisdiction an amount equal to75% but not more than 100%of the total cost incurred by the county in purchasing, storing and handlingof chemical materials used in the control and eradication of noxious weeds.

      (c)   Whenever official methods of eradication adopted by the secretaryofagriculture are not used in applying the chemical material purchased,the board of county commissioners may collect the remaining portion ofthe total cost thereof from the landowner.

      (d)   The board of countycommissioners, township boards, and the governing body of cities shallkeep a record showing purchases of material and equipment for controland eradication of noxious weeds. The board of county commissioners andthe governing body of cities shall also keep a complete itemized recordshowing sales for cash or charge sales of material and shall maintain arecord of charges and receipts for use of equipment owned by each countyor city on public and private land. Such records shall be open toinspection by citizens of Kansas at all times.

      History:   L. 1937, ch. 1, § 9; L. 1945, ch. 3, § 5; L. 1957,ch. 7, § 7; L. 1976, ch. 6, § 2; L. 1979, ch. 5, § 2;L. 1988, ch. 3, § 2;L. 1991, ch. 4, § 2;L. 1999, ch. 154, § 30;L. 2004, ch. 101, § 31; July 1.