2-2129


Chapter 2.--AGRICULTURE


Article 21.--PLANT PESTS

     
2-2129.   Plant pest emergency response fund.
(a) There is hereby created a plant pest emergency
response fund in the state treasury. Such fund shall be funded by a fee
assessed in addition to the fees assessed a live plant dealer under
article 21 of chapter 2
of
the Kansas Statutes
Annotated. The additional fee shall be fixed by rule and regulation promulgated
by the secretary of agriculture, except that such additional fee shall not
exceed $5 annually on each
live plant dealer license.
The secretary is authorized and empowered to collect
the fees provided in this section. When the total amount of fees deposited
in the fund is equal to or exceeds
$15,000, the secretary shall not collect any such fees as provided in this
section.
When expenditures made from the fund result in the total amount of the fees
deposited in the fund to be less than $15,000, the secretary may resume the
assessment and collection of such fees as provided in this section.

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

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

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

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