SESSION OF 2020
SUPPLEMENTAL NOTE ON HOUSE BILL NO. 2462
As Recommended by House Committee on
Agriculture

Brief*
HB 2462 would add and amend law regarding the roles
of the Division of Conservation (Division) within the Kansas
Department of Agriculture (KDA) and the State Conservation
Commission (Commission). [Note: In 2011, ERO 40 moved
the Commission within the KDA.]
The bill would also make technical corrections.

Definitions (Sections 1, 8, 10, 11, 21)
The bill would amend the definitions of “Commission,”
“Division,” and “United States” or “agencies of the United
States” and add definitions of “Director,” “invasive plant
species,” and “Secretary.”

State Conservation Commission Membership and
Oversight (Section 2)
The bill would require the Dean of the Kansas State
University College of Agriculture to appoint two designees to
serve on the Commission as non-voting members, with one
representing an agricultural experiment station and the other
representing the cooperative extension service. The
Secretary of Agriculture (Secretary) would be required to
request the U.S. Secretary of Agriculture appoint one resident
____________________
*Supplemental notes are prepared by the Legislative Research
Department and do not express legislative intent. The supplemental
note and fiscal note for this bill may be accessed on the Internet at
http://www.kslegislature.org
of Kansas to serve as a non-voting member of the
Commission.
The bill would require the Commission to work with the
Division to make certain conservation program policy
decisions to be approved by the Secretary, including on
current and new programs and annual budget
recommendations.

Rules and Regulations (Sections 2, 6, 19)
The bill would require the Division to submit rules and
regulations to the Commission for consideration and
comment before officially submitting the rules and regulations
in accordance with state law. The bill would also require the
Commission to review all rules and regulations proposed by
the Division that are necessary for the Division to execute its
functions under the law.

Conservation Districts (Sections 3-7)
The bill would allow for the removal of a conservation
district supervisor by the Secretary in consultation with the
Commission, after certain actions found in continuing law.
The bill would add control of invasive species, drought,
soil and grassland health and health initiatives, and water
quality and protection of water quality in multiple provisions of
law related to the powers of conservation districts. These
additions would also be added to the list for which
conservation districts could provide appropriations for state
grant funding. The bill would allow the Director of the Division
(Director) to update any applicable standards from time to
time as necessary for continued success of the federal
Conservation Reserve Program.


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Program Oversight (Sections 7, 8, 12, 13, 14, 15, 18, 20,
22, 23)
The bill would make the following changes regarding
various program oversight responsibilities replacing certain
references, to reflect the current structure of the Commission
within the KDA:
● “Commission” changed to “Director”;
● “Commission” changed to “Division”;
● “Commission” changed to “Division, in consultation
with the Commission”;
● “Commission” changed to “KDA Division”;
● “Commission” changed to “Secretary”;
● “Director” changed to “Secretary”;
● “His or her office” in reference to the Secretary of
State changed to the “Secretary of State’s office”;
● “State Soil Conservation Committee” and
“committee” changed to “Division”; and
● “With the approval of the Commission” changed to
“Secretary, at the request of the Director.”
The bill would also require the Division to consult with
the Commission regarding an annual base rate for the Water
Right Transition Assistance Program.

Penalties, Violations, and Final Orders (Sections 9, 16,
17)
The bill would prohibit any civil penalties or orders for
repayment to be imposed for violations of the Kansas Water
Right Transition Program except under written order of the
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Secretary or the Secretary’s designee. The bill would require
the order to state the violation, imposed penalty, and the right
to an appeal. Within 15 calendar days of notification, any
person could make a written request to the Secretary for a
hearing in accordance with the Kansas Administrative
Procedure Act. The Secretary would affirm, reverse, or modify
the order and specify the reason for the decision. Any person
aggrieved by an order of the Secretary under this section of
the bill could appeal the order to the district court in a manner
provided by the Kansas Judicial Review Act.
The bill would require the Secretary, upon the Director’s
request, to issue a written order stating the nature of the
violation, the imposed penalty, and the right of the person to
appeal to the Secretary for violations of surface mining land
conservation and reclamation laws. Current law states the
violation will be referred to the Commission.
In addition, the bill would require the Secretary, upon the
Director’s request, to institute a proceeding for forfeiture of a
bond posted by an operator to guarantee reclamation of a site
where the operator is in violation of surface mining land
conservation reclamation laws once an issued order becomes
a final order. Current law states the Attorney General shall
institute proceedings upon request of the Commission.

Report to Legislative Committees (Section 10)
The bill would update the names of legislative
committees to the Senate Committee on Natural Resources
and House Committee on Agriculture, to which the KDA is
required to submit various annual reports.

Statutory Repeal (Section 24)
The bill would repeal KSA 49-619, which concerns
surface mining land conservation and reclamation violation
hearings, conduct, bond forfeiture proceedings, and duties of

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the Attorney General. [Note: Provisions for violation hearings
and bond forfeiture proceedings would be moved to Sections
16 and 17 of the bill.]

Background
The bill was introduced by the House Committee on
Agriculture at the request of the KDA.
In the House Committee hearing, the Chief Counsel of
the KDA stated that, in 2011, an executive reorganization
order consolidated the State Conservation Commission within
the KDA; however, the statutes were not updated to reflect
this change and the Commission exists within the KDA as a
program advisory board. He explained the bill continues the
existence of the State Conservation Commission, while
replacing certain references that reflect the current structure
of the Commission within the KDA. No neutral or opponent
testimony was provided.
According to the fiscal note prepared by the Division of
the Budget on the bill, the KDA states enactment of the bill
would have no fiscal effect on agency operations.


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Statutes affected:
As introduced: 2-1903, 2-1904, 2-1907, 2-1907c, 2-1908, 2-1915, 2-1916, 2-1930, 2-1931, 2-1933, 49-603, 74-5, 49-605, 49-606, 49-611, 49-610, 49-613, 49-618, 49-621, 49-620, 49-623