2-1333.   County option for discount program tocontrol noxious weeds; petition to establish program, election andprocedures.(a) The board of county commissioners may adopt a resolutionto authorize the establishment of a program to providechemical materials usedin the control and eradication of noxious weeds to landowners through chemicaldealers on a discount basis.

      (b)   If such program is authorized,the county weed supervisor shall issuediscount certificates, prior to the chemicals being purchased from the chemicaldealers, to thelandowners. Such certificate shall be taken to a chemical dealer and bepresented for the purchase of the chemical material. The chemical dealer shallissue an invoice showing the credit amount of the discount certificate. Thedealer shall send the certificate and a copy of the invoice to the county weedsupervisor. The certificates and invoices shall be turned over to the board ofcounty commissioners, and no more than the stated amount on the certificateshall 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 ofcounty commissioners shall determine the amount of money that may be used fromthe noxious weed fund to provide for the control and eradication of noxiousweeds on privately owned land. The board shall state the dollar amount thecounty shall pay per unit for the purchase of chemical materials used onprivately owned lands. Whenever official methods of eradication, adopted by thesecretary of agriculture, are not followed inapplying the chemicalmaterials, the board of county commissioners may refuse to pay the discountcertificate and the total cost shall be paid by the private landowner.

      (d) (1)   If a board of county commissioners does not issue discountcertificates as provided in subsection (b), a petition to submit a propositioncalling for an election toestablish the program to provide chemical materialsused in the control and eradication of noxious weeds to landowners throughchemical dealers on a discount basis may be filed with the county electionofficer. Such petition shall be signed by qualified voters of the county equalin number to not less than 5% of the voters of the county who voted for theoffice of secretary of state at the last preceding general election at whichsuch officer was elected.

      (2)   Upon the submission of a valid petition calling for an election pursuantto this subsection, the county election officer shall submit the question ofwhether the program as provided in this section shall be 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.

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

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

      (5)   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. 1991, ch. 4, § 3;L. 2002, ch. 78, § 1;L. 2004, ch. 101, § 34; July 1.