Kansas Department of Agriculture 2013 Legislative Agenda
The Kansas Department of Agriculture (KDA) has several legislative proposals that cover fees, water, dairy, animal health and agricultural growth. As State General Funds to KDA continue to decline, KDA is seeking to increase fees to cover certain inspection and regulatory programs. This will apply to fees for milk tank truck inspections. It will apply to petroleum inspection fees as well as to weight scales and scanners. A minimum fertilizer tonnage fee will be proposed. KDA wants to establish a fee structure system that allows the department to determine if and when a fee needs to be increased or decreased within statutory limits based upon funding needs.
On water, KDA wants to go statewide with voluntary local enhanced management areas (LEMA's) to develop water conservation plans. KDA wants to allow multi-year flex account enrollees to carry unused quantities of water into the next multi-year plan. They want to implement a new limited transfer water permit to allow short-term new use of water with a corresponding reduction in the base water right. The main use will be for horizontally fracked oil exploration, construction or for municipal use. By rule and regulation, KDA is considering increasing fines for over-pumping of water and possibly publishing the names of violators.
Under agricultural growth, KDA will propose legislation to repeal the existing corporate farming laws so county residents will have no opportunity to vote on corporate-owned confined animal feeding operations (CAFO's) as they currently do. KDA has requested that the Attorney General review the constitutional legality of existing corporate farming laws. Other states corporate farm laws have been found unconstitutional.
KDA also wants to amend the highway use requirements for large capacity trucks to accommodate the large Western Kansas dairies. Existing anti-trust law in Kansas conflicts with a recent U.S. Supreme Court ruling so legislation will be introduced to change Kansas law.
A state capital gains income tax allowance for reinvestment into Kansas agriculture within three years is being researched by KDA. They are also looking at treating agricultural patronage checks received from cooperatives as farm income instead of a dividend so they are exempt from state income taxes. KDA has also received a USDA grant to assist with dredging and deepening ponds during this drought.
KDA will also be looking at strengthening nutrient management programs for producers who use poultry litter as fertilizer. It is estimated that 200,000 to 400,000 tons of poultry litter is coming to Kansas with little oversight to prevent phosphorous run-off.
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