Session of 1999
         
SENATE BILL No. 64
         
By Committee on Agriculture
         
1-19
         

  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 and 74-506d and K.S.A. 1998 Supp.
12             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. The provisions of this subsection
37       shall not be construed to limit the powers of the secretary pursuant to
38       K.S.A. 75-2948, and amendments thereto.
39             (c) The state board secretary of agriculture may establish not to ex-
40       ceed five (5) noxious weed control districts within this state and define
41       the boundaries thereof, such districts to be constituted to provide for the
42       most efficient control and eradication of noxious weeds and for the most
43       economical supervision thereof by the state.

SB 64

2

  1             (d) The director, with the approval of the board, shall secretary may
  2       appoint an assistant state weed control director for each district so estab-
  3       lished, and it shall be the duty of each such assistant to consult, advise,
  4       render assistance and direction to county and city weed supervisors as to
  5       the best and most practical methods of noxious weed control and eradi-
  6       cation and to render every possible assistance and direction to such su-
  7       pervisors for the most effective control and eradication of noxious weeds;
  8       to aid in investigations and prosecutions of violations of this act; and to
  9       prepare such records and reports and to perform such other services and
10       duties as the state weed control director shall direct. The assistant director
11       shall reside in the district for which he or she such assistant director is
12       appointed during the time he or she the person shall serve as such assis-
13       tant director. The director, with the approval of the board of agriculture,
14       secretary may also appoint such additional assistants and clerical employ-
15       ees as may be deemed necessary to properly conduct the work of the
16       noxious weeds division program. It shall be the duty of the county agri-
17       cultural agent to cooperate with and assist the county weed supervisors
18       in an intensive educational program on weed control.
19             (e) The director of the noxious weeds division of the state board of
20       agriculture secretary or a designee of the secretary shall enforce the rules
21       and regulations of the board adopted pursuant to this section and all
22       provisions of this act and acts amendatory and supplemental thereto.
23             (f) The state board secretary of agriculture is hereby authorized to
24       enter into agreements with any agencies of the federal government for
25       cooperation in the control and eradication of noxious weeds in Kansas in
26       keeping with the provisions of this act.
27             Sec.  2. K.S.A. 1998 Supp. 2-1316 is hereby amended to read as fol-
28       lows: 2-1316. (a) The board of county commissioners of each county shall,
29       and the governing body of any incorporated city or any group of counties
30       or cities may, employ for a stated time each year, with the approval of
31       the secretary of the state board of agriculture, a competent person as
32       county, city or district weed supervisor.
33             (b) The weed supervisor shall consult and cooperate with the state
34       division of staff of the noxious weeds program and with the any assistant
35       weed control director appointed for the supervisor's district, make annual
36       surveys of infestations (compile data on areas eradicated and under treat-
37       ment), and submit an annual report to the county commissioners and to
38       the state division of noxious weeds program staff, to consult and advise
39       upon all matters pertaining to the best and most practical methods for
40       noxious weed control and eradication and to render every possible assis-
41       tance and direction for the most effective control and eradication within
42       the supervisor's district; investigate or aid in the investigation and pros-
43       ecution of any violation of this act and report violations of which the

SB 64

3

  1       supervisor has knowledge to the county attorney.
  2             (c) The salary of the county weed supervisor shall be borne as follows:
  3       The state board department of agriculture to pay not more than one-
  4       fourth thereof from any funds available, not less than three-fourths
  5       thereof to be paid out of the county noxious weed fund, prorated as may
  6       be decided at the time of such employment by the governing body or
  7       bodies employing such supervisor.
  8             (d) The boards of county commissioners, governing bodies of cities
  9       and township boards, with the aid of their weed supervisors, shall make
10       by February 15th each year an annual weed eradication progress report
11       to the state board department of agriculture for the preceding calendar
12       year, on a form supplied by the state board department, and such other
13       weed reports as established by rules and regulations of the state board
14       secretary of agriculture.
15             Sec.  3. K.S.A. 74-506d is hereby amended to read as follows: 74-
16       506d. The state board secretary of agriculture is hereby authorized to
17       employ a chief engineer of the division of water resources and such expert
18       assistants, clerical and other help as may be necessary to properly carry
19       out the provisions of this act, and to fix their compensation, all of whom.
20       The chief engineer shall be in the unclassified service of the Kansas civil
21       service act and shall serve at the pleasure of the secretary. All other per-
22       sonnel shall be under the classified service of the Kansas civil service act.
23       Nothing in this subsection shall affect the classified status of any person
24       employed by the department of agriculture as chief engineer of the divi-
25       sion of water resources on the day immediately preceding the effective
26       date of this act.
27             Sec.  4. K.S.A. 1998 Supp. 74-569 is hereby amended to read as fol-
28       lows: 74-569. (a) The secretary of agriculture may organize the depart-
29       ment of agriculture in the manner the secretary deems most efficient, so
30       long as the same is not in conflict with the provisions of this act or with
31       the provisions of law, and the secretary may establish policies governing
32       the transaction of business of the department and the administration of
33       each of the divisions programs within the department. Except as provided
34       in K.S.A. 83-205, and amendments thereto, the chief administrative of-
35       ficer of each division program of the department shall be within the clas-
36       sified unclassified service under the Kansas civil service act, shall serve at
37       the pleasure of the secretary and shall perform such duties and exercise
38       such powers as the secretary of agriculture may prescribe and such duties
39       and powers as are prescribed by law. Such chief administrative officers
40       shall act for and exercise the powers of the secretary of agriculture to the
41       extent authority to do so is delegated by the secretary of agriculture.
42       Nothing in this subsection shall affect the classified status of any person
43       employed by the department of agriculture as a chief administrative of-

SB 64

4

  1       ficer of a program on the day immediately preceding the effective date of
  2       this act. Each chief administrative officer who is currently in the classified
  3       service may voluntarily opt to be immediately transferred to the unclas-
  4       sified service under the Kansas civil service act by submitting a written
  5       request to the secretary of agriculture and to the director of the division
  6       of personnel services. The provisions of this subsection shall not be con-
  7       strued to limit the powers of the secretary pursuant to K.S.A. 75-2948,
  8       and amendments thereto.
  9             (b) Except as otherwise provided in this act, and subject to the Kansas
10       civil service act, the chief administrative officer of each division program
11       of the department of agriculture shall appoint all subordinate officers and
12       employees of such officer's division program, subject to the approval of
13       the secretary, and all such subordinate officers and employees shall be
14       within the classified service of the Kansas civil service act. Personnel of
15       each such division program shall perform such duties and exercise such
16       powers as the chief administrative officer of their division program to the
17       extent authority to do so is delegated by such administrative officer. 
18       Sec.  5. K.S.A. 2-1315 and 74-506d and K.S.A. 1998 Supp. 2-1316
19       and 74-569 are hereby repealed.
20        Sec.  6. This act shall take effect and be in force from and after its
21       publication in the statute book.