Session of 1999
         
HOUSE BILL No. 2253
         
By Committee on Agriculture
         
2-4
         

  9             AN  ACT relating to state officers and employees; concerning placement
10             of certain positions in the department of agriculture in the unclassified
11             service; amending K.S.A. 2-1315, 74-506d and 75-1401 and K.S.A.
12             1998 Supp. 2-1316 and 74-569 and repealing the existing sections.
13      
14       Be it enacted by the Legislature of the State of Kansas:
15             Section  1. K.S.A. 2-1315 is hereby amended to read as follows: 2-
16       1315. (a) The state board secretary of agriculture is hereby empowered
17       to decide and adopt methods as official for control and eradication of
18       noxious weeds and to publish such methods, and to make adopt and
19       publish such rules and regulations as in its the secretary's judgment are
20       necessary to carry into effect the provisions of this act, and to alter or
21       suspend such rules and regulations when necessary.
22             (b) There is hereby created within the state board department of
23       agriculture, a noxious weeds division program which shall may consist of
24       a director, assistant directors chief administrative officer and other em-
25       ployees all of whom. Any chief administrative officer of the noxious weeds
26       program appointed by the secretary shall be in the unclassified service of
27       the Kansas civil service act and shall serve at the pleasure of the secretary.
28       Any other employees appointed under the noxious weeds program shall
29       be under the classified service of the Kansas civil service act. The state
30       board of agriculture is authorized to appoint a director of the noxious
31       weeds division and fix the director's salary, and such director shall be the
32       executive officer thereof and shall be under the supervision of the sec-
33       retary of the board. Nothing in this subsection shall affect the classified
34       status of any person employed by the department of agriculture as direc-
35       tor of the noxious weeds division or program on the day immediately
36       preceding the effective date of this act and the unclassified status as pre-
37       scribed by this subsection shall apply only to a person appointed as di-
38       rector of the noxious weeds program on and after the effective date of this
39       act. The provisions of this subsection shall not be construed to limit the
40       powers of the secretary pursuant to K.S.A. 75-2948, and amendments
41       thereto.
42             (c) The state board secretary of agriculture may establish not to ex-
43       ceed five (5) noxious weed control districts within this state and define
44       the boundaries thereof, such districts to be constituted to provide for the
45       most efficient control and eradication of noxious weeds and for the most
46       economical supervision thereof by the state.
47             (d) The director, with the approval of the board, shall secretary may
48       appoint an assistant state weed control director for each district so estab-
49       lished, and it shall be the duty of each such assistant to consult, advise,
50       render assistance and direction to county and city weed supervisors as to
51       the best and most practical methods of noxious weed control and eradi-
52       cation and to render every possible assistance and direction to such su-
53       pervisors for the most effective control and eradication of noxious weeds;
54       to aid in investigations and prosecutions of violations of this act; and to
55       prepare such records and reports and to perform such other services and
56       duties as the state weed control director shall direct. The assistant director
57       shall reside in the district for which he or she such assistant director is
58       appointed during the time he or she the person shall serve as such assis-
59       tant director. The director, with the approval of the board of agriculture,
60       secretary may also appoint such additional assistants and clerical employ-
61       ees as may be deemed necessary to properly conduct the work of the
62       noxious weeds division program. It shall be the duty of the county agri-
63       cultural agent to cooperate with and assist the county weed supervisors
64       in an intensive educational program on weed control.
65             (e) The director of the noxious weeds division of the state board of
66       agriculture secretary or a designee of the secretary shall enforce the rules
67       and regulations of the board adopted pursuant to this section and all
68       provisions of this act and acts amendatory and supplemental thereto.
69             (f) The state board secretary of agriculture is hereby authorized to
70       enter into agreements with any agencies of the federal government for
71       cooperation in the control and eradication of noxious weeds in Kansas in
72       keeping with the provisions of this act.
73             Sec.  2. K.S.A. 1998 Supp. 2-1316 is hereby amended to read as fol-
74       lows: 2-1316. (a) The board of county commissioners of each county shall,
75       and the governing body of any incorporated city or any group of counties
76       or cities may, employ for a stated time each year, with the approval of
77       the secretary of the state board of agriculture, a competent person as
78       county, city or district weed supervisor.
79             (b) The weed supervisor shall consult and cooperate with the state
80       division of staff of the noxious weeds program and with the any assistant
81       weed control director appointed for the supervisor's district, make annual
82       surveys of infestations (compile data on areas eradicated and under treat-
83       ment), and submit an annual report to the county commissioners and to
84       the state division of noxious weeds program staff, to consult and advise
85       upon all matters pertaining to the best and most practical methods for
86       noxious weed control and eradication and to render every possible assis-
87       tance and direction for the most effective control and eradication within
88       the supervisor's district; investigate or aid in the investigation and pros-
89       ecution of any violation of this act and report violations of which the
90       supervisor has knowledge to the county attorney.
91             (c) The salary of the county weed supervisor shall be borne as follows:
92       The state board department of agriculture to pay not more than one-
93       fourth thereof from any funds available, not less than three-fourths
94       thereof to be paid out of the county noxious weed fund, prorated as may
95       be decided at the time of such employment by the governing body or
96       bodies employing such supervisor.
97             (d) The boards of county commissioners, governing bodies of cities
98       and township boards, with the aid of their weed supervisors, shall make
99       by February 15th each year an annual weed eradication progress report
100       to the state board department of agriculture for the preceding calendar
101       year, on a form supplied by the state board department, and such other
102       weed reports as established by rules and regulations of the state board
103       secretary of agriculture.
104             Sec.  3. K.S.A. 74-506d is hereby amended to read as follows: 74-
105       506d. The state board secretary of agriculture is hereby authorized to
106       employ a chief engineer of the division of water resources and such expert
107       assistants, clerical and other help as may be necessary to properly carry
108       out the provisions of this act, and to fix their compensation, all of whom.
109       The chief engineer shall be in the unclassified service of the Kansas civil
110       service act and shall serve at the pleasure of the secretary. All other per-
111       sonnel, except as provided in K.S.A. 74-569 and amendments thereto, shall
112       be under the classified service of the Kansas civil service act. Nothing in
113       this section shall affect the classified status of any person employed by the
114       department of agriculture as chief engineer of the division of water re-
115       sources on the day immediately preceding the effective date of this act
116       and the unclassified status as prescribed by this section shall apply only
117       to a person appointed as chief engineer of the division of water resources
118       on or after the effective date of this act.
119             Sec.  4. K.S.A. 1998 Supp. 74-569 is hereby amended to read as fol-
120       lows: 74-569. (a) The secretary of agriculture may organize the depart-
121       ment of agriculture in the manner the secretary deems most efficient, so
122       long as the same is not in conflict with the provisions of this act or with
123       the provisions of law, and the secretary may establish policies governing
124       the transaction of business of the department and the administration of
125       each of the divisions programs within the department. Except as provided
126       in K.S.A. 83-205, and amendments thereto, the chief administrative of-
127       ficer of each division program of the department and each chief admin-
128       istrative officer within the division of water resources shall be within the
129       classified unclassified service under the Kansas civil service act, shall serve
130       at the pleasure of the secretary and shall perform such duties and exercise
131       such powers as the secretary of agriculture may prescribe and such duties
132       and powers as are prescribed by law. Such chief administrative officers
133       shall act for and exercise the powers of the secretary of agriculture to the
134       extent authority to do so is delegated by the secretary of agriculture.
135       Nothing in this subsection shall affect the classified status of any person
136       employed by the department of agriculture as a chief administrative of-
137       ficer of a program on the day immediately preceding the effective date of
138       this act and the unclassified status as prescribed by this subsection shall
139       apply only to a person appointed as a chief administrative officer on or
140       after the effective date of this act. Each chief administrative officer who
141       is currently in the classified service may voluntarily opt to be immediately
142       transferred to the unclassified service under the Kansas civil service act
143       by submitting a written request to the secretary of agriculture and to the
144       director of the division of personnel services. The provisions of this sub-
145       section shall not be construed to limit the powers of the secretary pursuant
146       to K.S.A. 75-2948, and amendments thereto.
147             (b) Except as otherwise provided in this act, and subject to the Kansas
148       civil service act, the chief administrative officer of each division program
149       of the department of agriculture shall appoint all subordinate officers and
150       employees of such officer's division program, subject to the approval of
151       the secretary, and all such subordinate officers and employees shall be
152       within the classified service of the Kansas civil service act. Personnel of
153       each such division program shall perform such duties and exercise such
154       powers as the chief administrative officer of their division program to the
155       extent authority to do so is delegated by such administrative officer.
156             Sec.  5. K.S.A. 75-1401 is hereby amended to read as follows: 75-
157       1401. The state board, secretary of agriculture is hereby authorized and
158       empowered to appoint a state dairy commissioner, and such assistants as
159       in its the secretary's judgment may be deemed necessary to fully carry
160       out the provisions of this act, and to fix their compensation, all of whom.
161       The dairy commissioner shall be in the unclassified service of the Kansas
162       civil service act and shall serve at the pleasure of the secretary. All other
163       personnel shall be under the classified service of the Kansas civil service
164       act, and said board. Nothing in this section shall affect the classified status
165       of any person employed by the department of agriculture as state dairy
166       commissioner on the day immediately preceding the effective date of this
167       act and the unclassified status as prescribed by this section shall apply
168       only to a person appointed as state dairy commissioner on and after the
169       effective date of this act. The secretary of agriculture is further authorized
170       to formulate and prescribe such reasonable rules and regulations as may
171       be deemed necessary to accomplish the purpose of article 7 of chapter
172       65 of Kansas Statutes Annotated. 
173       Sec.  6. K.S.A. 2-1315, 74-506d and 75-1401 and K.S.A. 1998 Supp.
174       2-1316 and 74-569 are hereby repealed.
175        Sec.  7. This act shall take effect and be in force from and after its
176       publication in the statute book.