2-3007.Assessments; refunds and records; liens,
priority; limitations on assessment collection.
(a) There is hereby levied an assessment upon grain
sorghum marketed through
commercial channels in the state of Kansas.
The grain sorghum commission shall set the assessment at a rate of not more
than 10 mills per bushel. There is hereby levied an
assessment upon corn marketed through commercial channels in the state of
Kansas. The corn commission shall set the assessment at a rate of not more than
10 mills per bushel. There is hereby levied an
assessment upon soybeans marketed through commercial
channels in the state of Kansas.
The soybean commission shall set the
assessment at a rate of not more than
one-half of 1% of the net market price received by the
grower. There is hereby
levied an assessment upon
wheat marketed through commercial channels in the state of Kansas. The wheat
commission shall set the assessment at a rate of not more than
20 mills per bushel. There is hereby levied an assessment upon
sunflowers marketed
through commercial channels in the state of Kansas. The sunflower commission
shall set the assessment at a rate of not more than $0.06 per
cwt. Any commission
shall not change the assessment rate, either to increase or reduce, more than
once a year.
Such assessment
shall be levied and assessed to the grower at the time of sale, and
shall be shown as a deduction by the first purchaser from the price paid
in settlement to the grower. Under the provisions of this act, no corn,
grain sorghum, soybeans, wheat or sunflowers shall be
subject to
the assessment more than
once. The commission shall furnish to every first
purchaser receipt forms which shall be issued by such first purchaser to
the grower upon the payment of such assessment. The form shall indicate
thereon the procedure by which the grower may obtain a refund of any
such assessment, except a refund shall not be
issued unless the amount of the refund is $5 or more.
Within one year after any and all sales during such
period the grower may upon submission of a request therefor to the
commission, obtain a refund in the amount of the assessments
deducted by the
first purchaser. Such request shall be accompanied by evidence of
the payment of the assessments which need not be verified.
(b) The commission shall keep complete records of all
refunds made under the
provisions of this section. Records of refunds may be destroyed two
years after the refund is made. All funds expended by the commission in
the administration of this act and for the payment of all claims
growing out of the performance of any duties or activities pursuant to
this act shall be paid from the proceeds derived
from such assessment.
In the case of a lien
holder who is a first purchaser as defined in this act,
the assessment shall be deducted by the lien holder from the proceeds of
the claim secured by such lien at the time the corn, grain sorghum,
soybeans, wheat or sunflowers are pledged or mortgaged.
The assessment shall constitute a
preferred lien and shall have priority over all other liens and
encumbrances upon such corn, grain sorghum, soybeans,
wheat or sunflowers. The assessment
shall be deducted and paid as provided in this section
whether such corn, grain
sorghum, soybeans, wheat or sunflowers are stored in
this or any
other state.
(c) Any corn, grain sorghum, soybean, wheat
or sunflowers acquired by a grower as defined in K.S.A.
2-3001, and amendments thereto, under the provisions of any federal
program shall be subject to the provisions of this section.
(d) No assessments for any commodity shall be collected pursuant to
subsection (a) while a national checkoff program for that commodity remains in
effect. Collection of assessments pursuant to subsection (a) shall be
reinstated upon the withdrawal of a national checkoff program for that
commodity.
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.
2-3007.Assessments; refunds and records; liens,
priority; limitations on assessment collection.
(a) There is hereby levied an assessment upon grain
sorghum marketed through
commercial channels in the state of Kansas.
The grain sorghum commission shall set the assessment at a rate of not more
than 10 mills per bushel. There is hereby levied an
assessment upon corn marketed through commercial channels in the state of
Kansas. The corn commission shall set the assessment at a rate of not more than
10 mills per bushel. There is hereby levied an
assessment upon soybeans marketed through commercial
channels in the state of Kansas.
The soybean commission shall set the
assessment at a rate of not more than
one-half of 1% of the net market price received by the
grower. There is hereby
levied an assessment upon
wheat marketed through commercial channels in the state of Kansas. The wheat
commission shall set the assessment at a rate of not more than
20 mills per bushel. There is hereby levied an assessment upon
sunflowers marketed
through commercial channels in the state of Kansas. The sunflower commission
shall set the assessment at a rate of not more than $0.06 per
cwt. Any commission
shall not change the assessment rate, either to increase or reduce, more than
once a year.
Such assessment
shall be levied and assessed to the grower at the time of sale, and
shall be shown as a deduction by the first purchaser from the price paid
in settlement to the grower. Under the provisions of this act, no corn,
grain sorghum, soybeans, wheat or sunflowers shall be
subject to
the assessment more than
once. The commission shall furnish to every first
purchaser receipt forms which shall be issued by such first purchaser to
the grower upon the payment of such assessment. The form shall indicate
thereon the procedure by which the grower may obtain a refund of any
such assessment, except a refund shall not be
issued unless the amount of the refund is $5 or more.
Within one year after any and all sales during such
period the grower may upon submission of a request therefor to the
commission, obtain a refund in the amount of the assessments
deducted by the
first purchaser. Such request shall be accompanied by evidence of
the payment of the assessments which need not be verified.
(b) The commission shall keep complete records of all
refunds made under the
provisions of this section. Records of refunds may be destroyed two
years after the refund is made. All funds expended by the commission in
the administration of this act and for the payment of all claims
growing out of the performance of any duties or activities pursuant to
this act shall be paid from the proceeds derived
from such assessment.
In the case of a lien
holder who is a first purchaser as defined in this act,
the assessment shall be deducted by the lien holder from the proceeds of
the claim secured by such lien at the time the corn, grain sorghum,
soybeans, wheat or sunflowers are pledged or mortgaged.
The assessment shall constitute a
preferred lien and shall have priority over all other liens and
encumbrances upon such corn, grain sorghum, soybeans,
wheat or sunflowers. The assessment
shall be deducted and paid as provided in this section
whether such corn, grain
sorghum, soybeans, wheat or sunflowers are stored in
this or any
other state.
(c) Any corn, grain sorghum, soybean, wheat
or sunflowers acquired by a grower as defined in K.S.A.
2-3001, and amendments thereto, under the provisions of any federal
program shall be subject to the provisions of this section.
(d) No assessments for any commodity shall be collected pursuant to
subsection (a) while a national checkoff program for that commodity remains in
effect. Collection of assessments pursuant to subsection (a) shall be
reinstated upon the withdrawal of a national checkoff program for that
commodity.
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.
2-3007.Assessments; refunds and records; liens,
priority; limitations on assessment collection.
(a) There is hereby levied an assessment upon grain
sorghum marketed through
commercial channels in the state of Kansas.
The grain sorghum commission shall set the assessment at a rate of not more
than 10 mills per bushel. There is hereby levied an
assessment upon corn marketed through commercial channels in the state of
Kansas. The corn commission shall set the assessment at a rate of not more than
10 mills per bushel. There is hereby levied an
assessment upon soybeans marketed through commercial
channels in the state of Kansas.
The soybean commission shall set the
assessment at a rate of not more than
one-half of 1% of the net market price received by the
grower. There is hereby
levied an assessment upon
wheat marketed through commercial channels in the state of Kansas. The wheat
commission shall set the assessment at a rate of not more than
20 mills per bushel. There is hereby levied an assessment upon
sunflowers marketed
through commercial channels in the state of Kansas. The sunflower commission
shall set the assessment at a rate of not more than $0.06 per
cwt. Any commission
shall not change the assessment rate, either to increase or reduce, more than
once a year.
Such assessment
shall be levied and assessed to the grower at the time of sale, and
shall be shown as a deduction by the first purchaser from the price paid
in settlement to the grower. Under the provisions of this act, no corn,
grain sorghum, soybeans, wheat or sunflowers shall be
subject to
the assessment more than
once. The commission shall furnish to every first
purchaser receipt forms which shall be issued by such first purchaser to
the grower upon the payment of such assessment. The form shall indicate
thereon the procedure by which the grower may obtain a refund of any
such assessment, except a refund shall not be
issued unless the amount of the refund is $5 or more.
Within one year after any and all sales during such
period the grower may upon submission of a request therefor to the
commission, obtain a refund in the amount of the assessments
deducted by the
first purchaser. Such request shall be accompanied by evidence of
the payment of the assessments which need not be verified.
(b) The commission shall keep complete records of all
refunds made under the
provisions of this section. Records of refunds may be destroyed two
years after the refund is made. All funds expended by the commission in
the administration of this act and for the payment of all claims
growing out of the performance of any duties or activities pursuant to
this act shall be paid from the proceeds derived
from such assessment.
In the case of a lien
holder who is a first purchaser as defined in this act,
the assessment shall be deducted by the lien holder from the proceeds of
the claim secured by such lien at the time the corn, grain sorghum,
soybeans, wheat or sunflowers are pledged or mortgaged.
The assessment shall constitute a
preferred lien and shall have priority over all other liens and
encumbrances upon such corn, grain sorghum, soybeans,
wheat or sunflowers. The assessment
shall be deducted and paid as provided in this section
whether such corn, grain
sorghum, soybeans, wheat or sunflowers are stored in
this or any
other state.
(c) Any corn, grain sorghum, soybean, wheat
or sunflowers acquired by a grower as defined in K.S.A.
2-3001, and amendments thereto, under the provisions of any federal
program shall be subject to the provisions of this section.
(d) No assessments for any commodity shall be collected pursuant to
subsection (a) while a national checkoff program for that commodity remains in
effect. Collection of assessments pursuant to subsection (a) shall be
reinstated upon the withdrawal of a national checkoff program for that
commodity.
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.