47-2004. Assessment; receipts, refunds.
47-2004
47-2004. Assessment; receipts, refunds.(a) An assessment to be set by the council at not more than$.02 for each pound of wool produced and sold by aseller and not more than $.35 per head for each sale transaction orslaughter transaction for each sheep of all classesshall be imposed on theseller at the time of delivery of the wool or sheep to the purchaser who willdeduct theassessment from the price paid to the seller at the time of sale. If theseller sells, ships, or otherwise disposes of wool or sheepto a purchaser or other person outside the state of Kansas, the sellershall deduct the assessment from the amount received from the sale.Any sheep owned less than 30 days or any sheep less than30 days of age shall be exempt from such assessment.
(b) The council shall not change the assessment rate, either to increaseor reduce, more than once a year. The administrator shall furnish to everypurchaser receipt forms which shall be issued by such purchaser tothe seller upon payment of such assessment. The form shall indicate thereonthe procedure by which the seller may obtain a refund of any such assessment,except a refund shall not be issued unless the amount of the refund is $5 ormore. Within one year after any and all sales during such period the seller,upon submission of a request therefor to the administrator, may obtain suchrefund in the amount of the assessment deducted by the purchaser. Suchrequest shall be accompanied by evidence of the payment of the assessment whichneed not be verified.
(c) The council shallkeep complete records of all refunds made under the provisions of thissection. Records of refunds may be destroyed two years after therefund is made. All funds expended in the administration of this act andfor the payment of all claims whatsoever growing out of the performanceof any duties or activities pursuant to this act shall be paid from theproceeds derived from such act. In the case of a lien holder who is afirst purchaser as defined herein, the assessment shall bededucted by the lienholder from the proceeds of the claim secured by such lien at the timethe sheep or wool, or their products, is pledged or mortgaged. The assessmentshall constitute a preferredlien and shall have priority over all other liens and encumbrances uponsuch sheep or wool, or their products. The assessment shall be deducted andpaid as herein providedwhether such sheep or wool, or their products, is in this or any other state.
History: L. 1992, ch. 275, § 4; July 1.