CHAPTER 88 SENATE BILL No. 149* An Act concerning agriculture; creating the Kansas agricultural seed council; establishing the powers and duties thereof. Be it enacted by the Legislature of the State of Kansas:

Section 1. As used in this act:

(a) ``Council'' means the Kansas agricultural seed council.

(b) ``Seedsman'' or ``seedsmen'' means a person, private entity or cor-
poration registered with the department of agriculture to sell seed in
Kansas.

(c) ``Agricultural seed,'' ``retailer'' and ``wholesaler'' have the mean-
ings provided by K.S.A. 2-1415, and amendments thereto.

Sec. 2. (a) There is hereby created the Kansas agricultural seed coun-
cil.

(b) The council shall consist of seven members who will be elected
at the annual meeting of the Kansas seed industry association. The board
of directors of the Kansas seed industry association shall act as interim
council members until council members can be elected and qualified.
Vacancies which may occur shall be filled for unexpired terms by the
board of directors of the Kansas seed industry association from among
the seedsmen or representatives of seed product development, distribu-
tion and production of the state. Each council member appointed on and
after the effective date of this act, other than a council member appointed
to fill a vacancy for an unexpired term, shall be elected for a term of four
years except that three of the council members first elected on and after
the effective date of this act shall be elected for a term of two years. No
member may serve more than two consecutive terms. Upon the expiration
of a term of a member of the council, such member shall continue to
serve as a member of the council until a successor to such member is
elected and qualified.

(c) Members of the council shall be residents of this state and cur-
rently be active seedsmen. Members of the council shall include repre-
sentatives of seed product development, distribution and production. At
least three members shall be elected from the list of wholesalers regis-
tered with the department of agriculture and the remaining members
shall be active seedsmen or representatives of seed product development,
distribution and production elected at large. The elections will be held at
an open session to all seedsmen and representatives of seed product de-
velopment, distribution and production at the annual meeting of the Kan-
sas seed industry association.

(d) The director of the agricultural experiment stations of Kansas
state university of agriculture and applied science or the director's rep-
resentative and the director of the agricultural products development di-
vision of the department of commerce and housing or the director's rep-
resentative shall serve as ex officio nonvoting members of the council.

(e) The council shall elect annually a chairperson from its member-
ship.

(f) A member of the council may cease to hold such member's po-
sition on the council for any of the following reasons, at the discretion of
a majority of the council, upon resolution duly adopted by the council
dismissing such member: (1) Failure to attend two or more regular meet-
ings of the council, if unexcused; or (2) ceasing to be an active seedsmen.

(g) Members of the Kansas agricultural seed council attending meet-
ings of such council, or attending a subcommittee meeting authorized by
such council, may be paid compensation and other expenses.

(h) The council shall meet at least once every calendar quarter reg-
ularly and hold an annual meeting which shall be open to the public. The
day, time and place of each meeting shall be determined by the council.
The chairperson or any three members of the council may call special
meetings of the council upon such notice as may be prescribed by the
duly adopted procedures of the council.

Sec. 3. In the administration of this act, the council shall have the
following duties, authorities and powers:

(a) To conduct a campaign of seed industry development, through
research, education and information;

(b) to accept grants and donations;

(c) to sue and be sued;

(d) to enter into such contracts as may be necessary or advisable for
the purpose of this act;

(e) to appoint an administrator who is knowledgeable about the seed
industry and fix the compensation. With the approval of the council, the
administrator may appoint such other personnel as is needed;

(f) to cooperate or contract with any local, state or national organi-
zation or agency, whether voluntary or created by the law of any state, or
by national law, engaged in work or activities similar to the work and
activities of the council, and to enter into contracts and agreements with
such organizations or agencies for carrying on a joint campaign of re-
search, education and promotion;

(g) to establish an office of the administrator at any place in this state
the council may select;

(h) to adopt, rescind, modify and amend all necessary and proper
orders, resolutions and rules for the procedure and exercise of its powers
and the performance of its duties; and

(i) to approve an annual budget and establish a reserve. Each project
budgeted and approved by the council shall include a stated objective and
anticipated results. In the council's annual report to the industry, the
council shall include those objectives and actual results.

Sec. 4. This act shall take effect and be in force from and after its
publication in the statute book.

Approved April 7, 1998

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