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2-1314c. Emergency declarations of noxious weeds. (a) The secretary may, by order, make an emergency declaration of noxious weeds if:

(1) A new and potentially harmful species of plant is discovered growing in the state and is verified by the secretary; or

(2) the state is facing a potential influx of harmful species of plant as the result of a natural disaster.

(b) Once a species of plant has been declared a noxious weed under this section, the secretary shall consider such species of plant noxious as provided in K.S.A. 2-1314, and amendments thereto, and take every action and use any means available to control or eradicate such noxious weed as authorized in this act.

(c) The secretary shall not make an emergency declaration for the same species of plant more than once in a five-year period without the recommendation of the state advisory committee.

(d) The emergency declaration of a noxious weed shall remain in effect for the earlier of 18 months, until action can be taken by the secretary to declare the species of plant a noxious weed by rules and regulations, or until the secretary rescinds the emergency declaration.

History: L. 2018, ch. 77, ยง 2; July 1.


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