2-3005.   Grain commodity commissions; powers andduties; limitations.(a) In the administration of this act, eachcommission as provided in this act shall havethe following duties, authorities and powers:

      (1)   To conduct a campaign of grain commodity promotion and marketdevelopment through research, education and information;

      (2)   to accept grants and donations;

      (3)   to sue and be sued;

      (4)   to contract with the secretary for the collection ofassessments pursuantto the provisions of this act and to enter into any other such contracts as maybe necessary or advisable for thepurpose of this act;

      (5)   to appoint an administrator who is knowledgeable aboutthe graincommodity and fix the compensation. With the approval of the commission, theadministrator may appoint such other personnel as needed. The administrator andany other personnel appointed as provided in thissubsection shall not be employees of the state of Kansas;

      (6)   to cooperate or contract with any local, state or national organizationor agency, whether voluntary or created by the law of any state, or by nationallaw, engaged in work or activities similar to the work and activities of thecommission, and to enter into contracts and agreements with such organizationsor agencies for carrying on a joint campaign of research, education andpromotion;

      (7)   to bring any suit or action for the collection ofassessments provided under this act;

      (8)   to establish an office of administrator at any place inthis state thecommission may select;

      (9)   to adopt, rescind, modify and amend all necessary andproper orders,resolutions and rules and regulations for the procedure and exercise of itspowers and the performance of its duties;

      (10)   to approve an annual budget and establish a reserve.Each projectbudgeted and approved by the commission shall include a stated objective andanticipated results; and

      (11)   to report annually to their respective commoditygrowers, the secretaryand house and senate agriculture committees of the Kansas legislature.Such annual report shall include details of commission projects, programsand supported research including expendituresand the results of an annual audit performed by a person orentity that is a certified public accountant. Any commission year end reservebalance exceeding 125% of the previous five-year rolling average for annualexpenditures for such commission also shall be reported.

      (b)   Each commission as provided in this act shall not engage in lobbyingas defined in K.S.A. 46-255, and amendments thereto.Nothing in this subsectionshall be construed to prohibit any commission from engaging in any actiondesigned to market the respective commodity or products directly to a foreigngovernment or political subdivision thereof.

      History:   L. 1977, ch. 4, § 5;L. 1991, ch. 6, § 2;L. 1996, ch. 209, § 15;L. 2000, ch. 116, § 4;L. 2008, ch. 94, § 3; Apr. 24.