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SENATE BILL No. 425
AN A CT concerning agriculture; relating to registration fees; increasing the maximum
annual registration fee for seed retailers and wholesalers; authorizing a late fee for
registrations renewed after the expiration date of such registrations; providing a grace
period for late registrations for agricultural seed and live plant dealers; amending
K.S.A. 2-1421a and 2-2120 and repealing the existing sections.
Be it enacted by the Legislature of the State of Kansas:
Section 1. K.S.A. 2-1421a is hereby amended to read as follows:
2-1421a. (a) (1) Each wholesaler shall register with the secretary and
shall pay a registration fee not to exceed $300 $400. A wholesaler shall
not offer or expose the seed for sale to any person, business,
wholesaler, retailer or facility when the wholesaler knows or has reason
to know that the buyer or potential buyer is not actively registered with
the secretary as provided by this section.
(2) Each retailer shall register with the secretary and shall pay a
registration fee not to exceed $30 $50.
(3) Registration shall be required for each place of business at
which agricultural seed is sold, offered or exposed for sale by the
wholesaler or retailer.
(4) An individual who conducts a wholesaler and retailer business
at the same location shall be required to register as both a wholesaler
and retailer.
(b) Application for registration as a wholesaler or retailer, or both,
shall be made on a form provided by the secretary. Each registration for
a wholesaler or retailer shall expire on August 31 following the date of
issuance unless such registration is renewed annually. Each wholesaler
or retailer shall pay a late fee of $25 if a previously obtained
registration is renewed on or after September 15 but before October 15
immediately following the date of expiration. If a previously obtained
registration is renewed on or after October 15, such late fee shall be
$50.
(c) As used in this section, "agricultural seed" includes grain when
sold as such, or when sold according to grain standards and the seller
knows, or has reason to know, that the grain is to be used for seeding or
planting purposes.
(d) The secretary shall remit all moneys received under this
section to the state treasurer in accordance with the provisions of
K.S.A. 75-4215, and amendments thereto. Upon receipt of each such
remittance, the state treasurer shall deposit the entire amount in the
state treasury to the credit of the agricultural seed fee fund which is
hereby created. 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 a person or persons designated by the secretary.
(e) All moneys credited to the agricultural seed fee fund shall be
expended for any purpose consistent with the Kansas seed law.
(f) The secretary may adopt rules and regulations necessary to
administer the provisions of this act.
(g) The secretary, after providing notice and an opportunity for a
hearing in accordance with the provisions of the Kansas administrative
procedure act, may deny any application or revoke, suspend, modify or
refuse to renew any registration issued pursuant to this act if such
applicant or the holder of such registration has:
(1) Failed to comply with any provision or requirement of this act
or any rule or regulation adopted hereunder;
(2) failed to comply with any laws, rules or regulations of any
other state, or the United States, related to the registration of
agricultural seed dealers, the testing of seed, the labeling of seed or
seed certification; or
(3) had any license, certificate, registration or permit issued by
SENATE BILL No. 425—page 2
Kansas or any other state, or the United States, related to the
registration of agricultural seed dealers, the testing of seed, the labeling
of seed or seed certification revoked, suspended or modified.
(h) This section shall be a part of and supplemental to the Kansas
seed law, K.S.A. 2-1415 et seq., and amendments thereto.
Sec. 2. K.S.A. 2-2120 is hereby amended to read as follows: 2-
2120. (a) Every live plant dealer, before advertising for sale, selling,
offering for sale or delivering any live plants in this state, shall procure
from the secretary a live plant dealer's license for each location from
which such live plant dealer engages in business as a live plant dealer,
except for temporary locations that are registered with the secretary.
(b) Application for such license shall be made on a form furnished
by the secretary. The fee for each application shall be fixed by rules and
regulations adopted by the secretary, except that such fee shall not
exceed $100, excluding the plant pest emergency fee, authorized
pursuant to K.S.A. 2-2129, and amendments thereto.
(c) A live plant dealer who does not export live plants from the
state, has annual gross receipts under $10,000 and has only one
location, other than temporary locations, may apply for a reduced
license fee. The reduced fee shall not exceed $50, excluding the plant
pest emergency fee. Application for the reduced license fee shall be
made on the license application form provided by the secretary.
(d) All live plant dealer licenses shall expire on January 31,
following the date of issue. Renewal of a license on or after the
February 15 immediately following such date of expiration shall result
in a $25 late fee, except that if a license is renewed after the March 1
15 immediately following such date of expiration, such late fee shall be
$50. A live plant dealer license shall not be issued until all fees are paid
to the secretary.
(e) Any person who conducts business as a special event live plant
dealer shall not be required to obtain a live plant dealer's license but
shall register with the secretary in such form and manner as prescribed
by the secretary.
(f) A live plant dealer may only engage in the live plant business
with live plants that are:
(1) In compliance with all quarantines and regulated
nonquarantine pest freedom standards established by the secretary; or
(2) accompanied by a valid certificate of inspection of a federal
inspector or inspector of another state stating that such live plants
comply with all applicable quarantines and regulated nonquarantine
pest freedom standards.
SENATE BILL No. 425—page 3
Sec. 3. K.S.A. 2-1421a and 2-2120 are hereby repealed.
Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.
I hereby certify that the above BILL originated in the
SENATE, and passed that body
_________________________
_________________________
President of the Senate.
_________________________
Secretary of the Senate.
Passed the HOUSE ________________________
_________________________
Speaker of the House.
_________________________
Chief Clerk of the House.
APPROVED ____________________________
_________________________
Governor.