SESSION OF 2021
SUPPLEMENTAL NOTE ON SENATE BILL NO. 40
As Amended by House Committee of the Whole

Brief*
SB 40, as amended, 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
of Kansas to serve as a non-voting member of the
Commission.
____________________
*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 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.
In addition, the bill would add gifts and donations of
projects to the list of different types of projects a conservation
district could take over. The bill would also clarify that in these
projects, the conservation district’s action would be subject to
the authority of the authorizing state or federal agency.

2- 40
Program Oversight (Sections 3-4, 6-10, 12-15, 18-23)
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”;
● “Kansas Department of Agriculture Division of
Conservation” to “Division”;
● “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
3- 40
Right Transition Program except under written order of the
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 Agriculture and
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

4- 40
hearings, conduct, bond forfeiture proceedings, and duties of
the Attorney General. [Note: Provisions for violation hearings
and bond forfeiture proceedings would be moved to Sections
16 and 17 of the bill.]

Effective Date
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 KDA.

Senate Committee on Agriculture and Natural Resources
In the Senate Committee hearing on January 27, 2021,
the Chief Counsel of the KDA provided proponent testimony
and 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.
The Senate Committee amended the bill to add
language clarifying that local conservation districts cannot
unilaterally act in place of the Kansas Department of Health
and Environment regarding water quality projects.


5- 40
Senate Committee of the Whole
The Senate Committee of the Whole amended the bill to
correct statutory references.

House Committee on Agriculture
In the House Committee hearing, the Director of
Conservation, KDA, provided proponent testimony. No other
testimony was provided.

House Committee of the Whole
The House Committee of the Whole adopted a technical
amendment that would make the bill effective 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 states
enactment of the bill would have no fiscal effect on agency
operations.
Kansas Department of Agriculture; Division of Conservation; State Conservation
Commission


6- 40


Statutes affected:
As introduced: 49-619, 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
As Amended by Senate Committee: 49-619, 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
{As Amended by Senate Committee of the Whole}: 49-619, 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
{As Amended by House Committee of the Whole}: 49-619, 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
Enrolled: 46-1201, 48-924, 48-924b, 48-925, 48-925a, 48-932, 48-939, 48-949, 65-101, 65-201, 75-3711