Statute 2-3007: Assessments; refunds and records; liens,
priority.
(a) There is hereby levied an assessment upon
grain
sorghum marketed through
commercial channels in the state of Kansas.
The grain sorghum commission shall set the assessment at a rate of not more
than five mills per bushel. There is hereby levied an assessment upon corn
marketed through commercial channels in the state of Kansas.
The corn commission shall set the assessment at a rate of not more than five
mills per bushel. There is hereby levied an
assessment
upon soybeans marketed through
commercial
channels in the state of Kansas.
The soybean commission shall set the
assessment at a rate of not more than 20 mills per bushel. There is hereby
levied an assessment
upon
wheat marketed through commercial channels in the state of Kansas. The wheat
commission shall set the assessment at a rate of not more than 10 mills per
bushel. There is hereby levied an assessment upon sunflowers marketed
through commercial channels in the state of Kansas. The sunflower commission
shall set the assessment at a rate of not more than seven and one-half mills
per bushel ($0.03 per cwt). Any commission
shall not change the assessment rate, either to increase or reduce, more than
once a year.
Such assessment
shall be levied and assessed to the grower at the time of sale, and
shall be shown as a deduction by the first purchaser from the price paid
in settlement to the grower. Under the provisions of this act, no corn,
grain sorghum, soybeans, wheat or sunflowers shall be
subject to
the assessment more than
once. The commission shall furnish to every first
purchaser receipt forms which shall be issued by such first purchaser to
the grower upon the payment of such assessment. The form shall indicate
thereon the procedure by which the grower may obtain a refund of any
such assessment, except a refund shall not be
issued unless the amount of the refund is $5 or more.
Within one year after any and all sales during such
period the grower may upon submission of a request therefor to the
commission,
obtain a refund in the amount of the assessments
deducted by the
first purchaser. Such request shall be accompanied by evidence of
the payment of the assessments which need not be verified.
(b) The commission shall keep complete records of all
refunds made
under the
provisions of this section. Records of refunds may be destroyed two
years after the refund is made. All funds expended by the commission in
the
administration of this act and for the payment of
all claims
growing out of the performance of any duties or activities pursuant to
this act shall be paid from the proceeds derived
from such
assessment.
In the case of a lien
holder who is a first purchaser as defined in this act,
the assessment shall be deducted by the lien holder from the proceeds of
the claim secured by such lien at the time the corn, grain sorghum,
soybeans, wheat or sunflowers are pledged or mortgaged.
The
assessment shall
constitute a
preferred lien and shall have priority over all other liens and
encumbrances upon such corn, grain sorghum, soybeans,
wheat or sunflowers. The assessment
shall be deducted and paid as provided in this section
whether such corn, grain
sorghum, soybeans, wheat or sunflowers are stored in
this or any
other state.
(c) Any corn, grain sorghum, soybean, wheat
or sunflowers acquired by a grower as defined in K.S.A.
2-3001, and amendments thereto, under the provisions of any federal
program shall be subject to the provisions of this
section.
(d) No assessments for soybeans shall be collected pursuant to subsection
(a) while the national checkoff program for soybeans, established pursuant to
public law 101-624, remains in effect. Collection of assessments pursuant to
subsection (a) shall be reinstated upon the withdrawal of the national checkoff
program for soybeans, established pursuant to public law 101-624.
History: L. 1977, ch. 4, § 7;
L. 1982, ch. 9, § 2;
L. 1983, ch. 4, § 2;
L. 1986, ch. 9, § 2;
L. 1988, ch. 10, § 2;
L. 1990, ch. 5, § 1;
L. 1991, ch. 6, § 4;
L. 1992, ch. 219, § 1;
L. 1996, ch. 209, § 17;
L. 2000, ch. 116, § 6;
L. 2002, ch. 93, § 5; July 1.