2-3007.   Assessments; refunds and records; liens,priority; limitations on assessment collection.(a) There is hereby levied an assessment upon grainsorghum marketed throughcommercial channels in the state of Kansas.The grain sorghum commission shall set the assessment at a rate of not morethan 10 mills per bushel. There is hereby levied anassessment upon corn marketed through commercial channels in the state ofKansas. The corn commission shall set the assessment at a rate of not more than10 mills per bushel. There is hereby levied anassessment upon soybeans marketed through commercialchannels in the state of Kansas.The soybean commission shall set theassessment at a rate of not more thanone-half of 1% of the net market price received by thegrower. There is herebylevied an assessment uponwheat marketed through commercial channels in the state of Kansas. The wheatcommission shall set the assessment at a rate of not more than20 mills per bushel. There is hereby levied an assessment uponsunflowers marketedthrough commercial channels in the state of Kansas. The sunflower commissionshall set the assessment at a rate of not more than $0.06 percwt. Any commissionshall not change the assessment rate, either to increase or reduce, more thanonce a year.Such assessmentshall be levied and assessed to the grower at the time of sale, andshall be shown as a deduction by the first purchaser from the price paidin settlement to the grower. Under the provisions of this act, no corn,grain sorghum, soybeans, wheat or sunflowers shall besubject tothe assessment more thanonce. The commission shall furnish to every firstpurchaser receipt forms which shall be issued by such first purchaser tothe grower upon the payment of such assessment. The form shall indicatethereon the procedure by which the grower may obtain a refund of anysuch assessment, except a refund shall not beissued unless the amount of the refund is $5 or more.Within one year after any and all sales during suchperiod the grower may upon submission of a request therefor to thecommission, obtain a refund in the amount of the assessmentsdeducted by thefirst purchaser. Such request shall be accompanied by evidence ofthe payment of the assessments which need not be verified.

      (b)   The commission shall keep complete records of allrefunds made under theprovisions of this section. Records of refunds may be destroyed twoyears after the refund is made. All funds expended by the commission inthe administration of this act and for the payment of all claimsgrowing out of the performance of any duties or activities pursuant tothis act shall be paid from the proceeds derivedfrom such assessment.In the case of a lienholder who is a first purchaser as defined in this act,the assessment shall be deducted by the lien holder from the proceeds ofthe claim secured by such lien at the time the corn, grain sorghum,soybeans, wheat or sunflowers are pledged or mortgaged.The assessment shall constitute apreferred lien and shall have priority over all other liens andencumbrances upon such corn, grain sorghum, soybeans,wheat or sunflowers. The assessmentshall be deducted and paid as provided in this sectionwhether such corn, grainsorghum, soybeans, wheat or sunflowers are stored inthis or anyother state.

      (c)   Any corn, grain sorghum, soybean, wheator sunflowers acquired by a grower as defined in K.S.A.2-3001, and amendments thereto, under the provisions of any federalprogram shall be subject to the provisions of this section.

      (d)   No assessments for any commodity shall be collected pursuant tosubsection (a) while a national checkoff program for that commodity remains ineffect. Collection of assessments pursuant to subsection (a) shall bereinstated upon the withdrawal of a national checkoff program for thatcommodity.

      History:   L. 1977, ch. 4, § 7;L. 1982, ch. 9, § 2;L. 1983, ch. 4, § 2;L. 1986, ch. 9, § 2;L. 1988, ch. 10, § 2;L. 1990, ch. 5, § 1;L. 1991, ch. 6, § 4;L. 1992, ch. 219, § 1;L. 1996, ch. 209, § 17;L. 2000, ch. 116, § 6;L. 2002, ch. 93, § 5;L. 2008, ch. 94, § 4; Apr. 24.