SESSION OF 2021
SUPPLEMENTAL NOTE ON SENATE BILL NO. 38
As Amended by House Committee on
Agriculture

Brief*
SB 38, as amended, would establish the Kansas
Pesticide Waste Disposal Program (Program) that would be
administered by the Secretary of Agriculture (Secretary) for
the collection and disposal of pesticide waste in the state.
The bill would also create in the State Treasury the Kansas
Pesticide Waste Disposal Fund (Disposal Fund) with the
purpose of funding the Program.
The bill would require all moneys credited to the
Disposal Fund to be used by the Secretary for the Program
and all expenditures from the Disposal Fund would be made
in accordance with appropriation acts upon warrants of the
Director of Accounts and Reports (Director) issued after
vouchers are approved by the Secretary.
The bill would authorize the Kansas Agricultural
Remediation Board (Board) to approve an annual transfer of
moneys from the Kansas Agricultural Remediation Fund
(Remediation Fund) to the Disposal Fund in an amount not
exceeding $50,000 in any calendar year.
The bill would require the Secretary to submit to the
Board on or before January 1 of each year a report regarding
the annual expenditures made from the Program.
The bill would also require the Director to transfer from
the State General Fund to the Disposal Fund interest
earnings based on the average daily balance of moneys in
____________________
*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
the Disposal Fund for the preceding month and the net
earnings rate of the pooled money investment portfolio for the
preceding month.
The bill would add definitions for “Kansas Pesticide
Waste Disposal Fund,” “Kansas Pesticide Waste Disposal
Program,” “pesticide,” and “pesticide waste.” The bill would
also amend law regarding the Remediation Reimbursement
Program to allow this program to provide funding to the new
Program.
The bill would be in effect upon publication in the
Kansas Register.

Background
The bill was introduced by the Senate Committee on
Agriculture and Natural Resources at the request of a
representative of the Kansas Grain and Feed Association.

Senate Committee on Agriculture and Natural Resources
In the Senate Committee hearing on January 26, 2021,
representatives of the Kansas Agribusiness Retailers
Association, Kansas Cooperative Council, Kansas
Department of Agriculture (KDA), and Kansas Grain and
Feed Association provided proponent testimony on the bill,
stating the bill would facilitate the proper disposal of
unwanted pesticides by reducing the financial burden
associated with the disposal and reduce the human exposure
risk by having the waste pesticides packaged, shipped, and
disposed of by professionals.
Written-only proponent testimony was provided by the
Kansas Association of Wheat Growers, Kansas Corn
Growers Association, Kansas Department of Health and
Environment, Kansas Farm Bureau, Kansas Sorghum

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Producers Association, Kansas Soybean Association, and
Sierra Club.
No other testimony was provided.
The Senate Committee amended the bill by moving the
phrase “with no identifiable owner or responsible party” to
earlier in the sentence to clarify the term “pesticide waste”
includes “pesticides with no identifiable owner or responsible
party that have been abandoned or illegally dumped at a
site.”

House Committee on Agriculture
In the House Committee hearing, proponent testimony
was provided by the Deputy Secretary of Agriculture and
representatives of the Kansas Agribusiness Retailers
Association, Kansas Cooperative Council, and Kansas Grain
and Feed Association.
Written-only proponent testimony was provided by the
Kansas Association of Wheat Growers, Kansas Corn
Growers Association, Kansas Department of Health and
Environment, Kansas Farm Bureau, Kansas Sorghum
Producers Association, and Kansas Soybean Association.
No other testimony was provided.
The House Committee amended the bill by changing the
effective date from upon publication in the statute book to
upon publication in the Kansas Register.

Fiscal Information
According to the fiscal note prepared by the Division of
the Budget on the bill as introduced, the KDA indicates
enactment of the bill would not result in additional costs or
personnel requirements for the agency, as the program was

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previously funded by a federal grant and will continue with
support from the Remediation Fund, which consists of fees
related to pesticide sales and products. Any fiscal effect
associated with enactment of the bill is not reflected in The
FY 2022 Governor’s Budget Report.
Agriculture; pesticide; pesticide waste


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Statutes affected:
As introduced: 2-3702, 2-3708
As Amended by Senate Committee: 2-3702, 2-3708
As Amended by House Committee: 2-3702, 2-3708
{As Amended by House Committee of the Whole}: 2-1903, 2-1904, 2-1907, 2-1907c, 2-1908, 2-1915, 2-1916, 2-1930, 2-1931, 2-1933, 2-3702, 2-3708, 49-603, 74-5, 49-605, 49-606, 49-611, 49-610, 49-613, 49-618, 49-620, 49-621, 49-623