2-2129.   Plant pest emergency response fund.(a) There is hereby created a plant pest emergencyresponse fund in the state treasury. Such fund shall be funded by a feeassessed in addition to the fees assessed a live plant dealer underarticle 21 of chapter 2ofthe Kansas StatutesAnnotated. The additional fee shall be fixed by rule and regulation promulgatedby the secretary of agriculture, except that such additional fee shall notexceed $5 annually on eachlive plant dealer license.The secretary is authorized and empowered to collectthe fees provided in this section. When the total amount of fees depositedin the fund is equal to or exceeds$15,000, the secretary shall not collect any such fees as provided in thissection.When expenditures made from the fund result in the total amount of the feesdeposited in the fund to be less than $15,000, the secretary may resume theassessment and collection of such fees as provided in this section.

      (b)   The secretary is authorized and empowered to make expenditures from theplant pest emergency response fund and that in the discretion of the secretarymitigate pests that have been identified by the secretary as high risk pestshaving the potential to damage agriculture, horticulture or the environment.Such expenditures may include the costs of enforcement to protect against highrisk pests identified by the secretary. All expenditures from such fund shallbe made in accordance with appropriation acts upon warrants of the director ofaccounts and reports issued pursuant to vouchers approved by the secretary orby a designee of the secretary.

      (c)   The plant pest emergency response fund shall be a fund separate anddistinct from the entomology fee fund referred to in K.S.A. 2-2128, andamendments thereto.

      (d)   The provisions of this section shall be part of and supplemental tothis act.

      History:   L. 2001, ch. 175, § 1;L. 2002, ch. 91, § 15; July 1.