2-2147. Powers and duties of board of directors; requirements for individuals conducting inspections or setting or monitoring traps. (a) In order to administer and implement the Kansas cotton boll weevil program, the board shall have the authority to:

(1) Establish and implement a cotton pest monitoring plan that shall include the following:

(A) The development and distribution of educational materials; and

(B) authority for the board's designee to enter private property to:

(i) Subject to the notice requirements of subsection (b), perform inspections of any cotton field upon such private property for the purpose of determining whether an infestation of cotton exists or whether cotton pests are present on the property; and

(ii) subject to the notice requirements of subsection (b), set traps and monitor such traps;

(2) accept grants and donations;

(3) sue and be sued;

(4) appoint and compensate an administrator who is knowledgeable about the cotton industry and establish an office for such administrator at any place in the state selected by the board. With the approval of the board, the administrator may appoint other personnel as needed; and

(5) enter into such contracts as may be necessary or advisable for the purposes of this act, including, but not limited to, collection of the assessment, or coordination with any local, state or national organization or agency, whether private or created by state or federal law, engaged in work or activities similar to the work and activities of the board.

(b) Any individual conducting an inspection or setting or monitoring traps pursuant to a cotton pest monitoring plan shall, before or immediately upon entering any premises:

(1) Notify the owner, operator or lessee of the premises of the purpose for such entry; and

(2) allow any such present and notified owner, operator or lessee of the premises, or any representative thereof, to accompany the individual conducting the inspection or setting or monitoring traps.

History: L. 2022, ch. 69, § 4; July 1.