Session of 1999
SENATE BILL No. 64
By Committee on Agriculture
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.
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
director, assistant directors chief administrative officer and other em-
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.
board of agriculture is authorized to appoint a director of the noxious
weeds division and fix the director's salary, and such director shall be the
executive officer thereof and shall be under the supervision of the sec-
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
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
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
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:
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
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-
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
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.