reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 5 - Department Of Agriculture › 74-569 Organization of the department of agriculture.

74-569.
Organization of the department of agriculture.
(a) The secretary of agriculture may organize the department of agriculture in the manner the secretary deems most efficient, so long as the same is not in conflict with the provisions of this act or with the provisions of law, and the secretary may establish policies governing the transaction of business of the department and the administration of each of the divisions within the department. Except as provided in K.S.A. 83-205, and amendments thereto, the chief administrative officer of each division of the department shall be within the classified service under the Kansas civil service act and shall perform such duties and exercise such powers as the secretary of agriculture may prescribe and such duties and powers as are prescribed by law. Such chief administrative officers shall act for and exercise the powers of the secretary of agriculture to the extent authority to do so is delegated by the secretary of agriculture.
(b) Except as otherwise provided in this act, and subject to the Kansas civil service act, the chief administrative officer of each division of the department of agriculture shall appoint all subordinate officers and employees of such officer's division, subject to the approval of the secretary, and all such subordinate officers and employees shall be within the classified service of the Kansas civil service act. Personnel of each such division shall perform such duties and exercise such powers as the chief administrative officer of their division to the extent authority to do so is delegated by such administrative officer.
History:
L. 1995, ch. 236, § 10; L. 1996, ch. 146, § 3; April 18.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 5 - Department Of Agriculture › 74-570 Transfer of employees; retention of benefits.

74-570.
Transfer of employees; retention of benefits.
Except as otherwise provided in this act, on the effective date of this act, officers and employees who, immediately prior to such date, were engaged in the performance of powers, duties or functions of any state agency or office which is abolished by this act, or which becomes a part of the department of agriculture, or the powers, duties and functions of which are transferred to the secretary of agriculture, and who, in the opinion of the secretary of agriculture, are necessary to perform the powers, duties and functions of the department of agriculture, shall be transferred to, and shall become officers and employees of the department. Any such officer or employee shall retain all retirement benefits and all rights of civil service which had accrued to or vested in such officer or employee prior to the effective date of this act. The service of each such officer and employee so transferred shall be deemed to have been continuous. All transfers and any abolition of personnel positions in the classified service under the Kansas civil service act shall be in accordance with civil service laws and any rules and regulations adopted thereunder.
History:
L. 1995, ch. 236, § 11; May 4.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 5 - Department Of Agriculture › 74-571 Conflicts resolved by governor.

74-571.
Conflicts resolved by governor.
(a) When any conflict arises as to the disposition of any power, function or duty or the unexpended balance of any appropriation as a result of any abolition, transfer, attachment or change made by or under authority of this act, such conflict shall be resolved by the governor, whose decision shall be final.
(b) The secretary of agriculture shall succeed to all property and records which were used for or pertain to the performance of the powers, duties and functions transferred to the secretary of agriculture. Any conflict as to the proper disposition of property or records arising under this section, and resulting from the transfer, attachment or abolition of any state agency, or all or part of the powers, duties and functions thereof, shall be determined by the governor, whose decision shall be final.
History:
L. 1995, ch. 236, § 12; May 4.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 5 - Department Of Agriculture › 74-572 Secretary of agriculture has custody of records; civil or criminal actions not effected.

74-572.
Secretary of agriculture has custody of records; civil or criminal actions not effected.
(a) The secretary of agriculture shall have the legal custody of all records, memoranda, writings, entries, prints, representations or combinations thereof of any act, transaction, occurrence or event of the department of agriculture and any agency or office abolished or transferred thereto under this act.
(b) No suit, action or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, by or against any state agency mentioned in this act, or by or against any officer of the state in such officer's official capacity or in relation to the discharge of such officer's official duties, shall abate by reason of the governmental reorganization effected under the provisions of this act. The court may allow any such suit, action or other proceeding to be maintained by or against the successor of any such state agency or any officer affected.
(c) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this act.
History:
L. 1995, ch. 236, § 13; May 4.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 5 - Department Of Agriculture › 74-573 Funds and liabilities transferred.

74-573.
Funds and liabilities transferred.
(a) On the effective date of this act, the balance of all funds appropriated and reappropriated to any of the state agencies abolished by this act is hereby transferred to the secretary of agriculture and shall be used only for the purpose for which the appropriation was originally made.
(b) On the effective date of this act, the liability for all accrued compensation or salaries of officers and employees who, immediately prior to such date, were engaged in the performance of powers, duties or functions of any state agency or office abolished by this act, or which becomes a part of the department of agriculture established by this act, or the powers, duties and functions of which are transferred to the secretary of agriculture provided for by this act, shall be assumed and paid by the secretary of agriculture established by this act.
History:
L. 1995, ch. 236, § 14; May 4.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 5 - Department Of Agriculture › 74-574 Transfer of functions to the secretary of agriculture.

74-574.
Transfer of functions to the secretary of agriculture.
The following programs and functions are hereby transferred from the division of marketing, department of agriculture, and conferred upon the secretary of agriculture: (a) The functions relating to standards, grades, and classifications for agricultural products and receptacles, pursuant to K.S.A. 74-531, 74-532, and 74-534, and amendments thereto; (b) the functions relating to labeling of agricultural products established under K.S.A. 2-2306, and amendments thereto; and (c) functions relating to the grape and wine industry advisory council established by K.S.A. 74-552, and amendments thereto.
History:
L. 1996, ch. 209, § 3; L. 2000, ch. 116, § 12; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 5 - Department Of Agriculture › 74-575 Division of marketing and director of marketing; transfer of powers and duties to the secretary of agriculture.

74-575.
Division of marketing and director of marketing; transfer of powers and duties to the secretary of agriculture.
(a) Except as otherwise provided by this act, the secretary of agriculture shall be the successor in every way to the powers, duties, and functions of the division of marketing and director of marketing in which the same were vested prior to the effective date of this act and which are transferred pursuant to K.S.A. 74-574. Every act performed in the exercise of such powers, duties, and functions by or under the authority of the secretary of agriculture shall be deemed to have the same force and effect as if performed by the division of marketing or director of marketing in which such powers, duties, and functions were vested prior to the effective date of this act.
(b) Whenever the "division of markets," or words of like effect, are referred to or designated by a statute, contract, or other document, and such reference is in regard to one of the powers and duties transferred to the department of agriculture pursuant to K.S.A. 74-574, such reference or designation shall be deemed to apply to the department of agriculture. Whenever the "director of marketing," or words of like effect, are referred to or designated by a statute, contract, or other document, and such reference is in regard to one of the powers and duties transferred to the department of commerce pursuant to K.S.A. 74-574, such reference or designation shall be deemed to apply to the secretary of agriculture.
(c) All rules and regulations, orders, and directives of the division of marketing or director of marketing pertaining to powers and duties transferred pursuant to K.S.A. 74-574 shall continue to be effective and shall be deemed to be rules and regulations, orders, and directives of the secretary of agriculture until revised, amended, or nullified pursuant to law.
History:
L. 1996, ch. 209, § 6; L. 2003, ch. 154, § 26; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 5 - Department Of Agriculture › 74-576 Powers and duties of the secretary of agriculture.

74-576. Powers and duties of the secretary of agriculture.
In addition to the specific powers and duties conferred upon the secretary of agriculture by the laws of this state, the secretary is hereby authorized to:
(a) Make and enter into contracts and agreements necessary or incidental to the execution of the laws relating to the department of agriculture;
(b) charge and collect, by order, a fee necessary for the administration and processing of paper documents, including applications, registrations, permits, licenses, certifications, renewals, reports and remittance of fees that are necessary or incidental to the execution of the laws relating to the department of agriculture, when an electronic system for processing such documents exists. Such fee shall be in addition to any fee the secretary is authorized to charge by law and may be up to 6% of such applicable fee amount, but shall not exceed $50; and
(c) foster and promote the development and economic welfare of the agricultural industry of the state.
History:
L. 1996, ch. 93, § 1; L. 2017, ch. 86, § 11; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 5 - Department Of Agriculture › 74-577 Dairy interstate compact; powers and duties of secretary of agriculture.

74-577.
Dairy interstate compact; powers and duties of secretary of agriculture.
The state of Kansas may seek to enter into a dairy interstate compact with other states for the purpose of the orderly marketing of milk. Prior to entering into such compact, an economic impact study shall be conducted by the secretary of agriculture to determine the impact on producers, processors and consumers. Subject to the approval of the legislature or in the event the legislature is not in session, the legislative coordinating council, the secretary of agriculture is hereby authorized to enter into such compact on behalf of the state of Kansas.
History:
L. 1999, ch. 97, § 2; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 5 - Department Of Agriculture › 74-578 Grain commodities commission service fund; expenditures.

74-578.
Grain commodities commission service fund; expenditures.
On and after July 1, 2000, there is hereby created in the state treasury the grain commodities commission services fund. All moneys received by the Kansas department of agriculture for services performed by the department for the grain commodities commission created pursuant to the provisions of K.S.A. 2-3001 et seq. and K.S.A. 2-3002a, and amendments thereto, shall be remitted to the state treasurer. The state treasurer shall deposit the entire amount in the state treasury and credit it to the grain commodities commission services fund. All costs and expenses incurred by the department in providing services to the grain commodities commissions shall be paid from the grain commodities commission services fund. All expenditures from the grain commodities commission services fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary.
History:
L. 2000, ch. 116, § 11; L. 2004, ch. 101, § 178; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 5 - Department Of Agriculture › 74-581 Transfer of powers, duties and functions to department and secretary of agriculture; rules and regulations.

74-581.
Transfer of powers, duties and functions to department and secretary of agriculture; rules and regulations.
(a) Except as otherwise provided by this order, the following powers, duties, and functions of the department of health and environment, the secretary of health and environment, the division of health of the department of health and environment, the director of the division of health, and the office of laboratory services of the department of health and environment are hereby transferred to and imposed upon the department of agriculture and the secretary of agriculture:
(1) All powers, duties, and functions under the food service and lodging act, K.S.A. 36-501 et seq., and amendments thereto, relating to the licensing, inspection, and regulation of mobile retail ice cream vendors, food service establishments in food processing plants, or any combination thereof, and food service establishments located in retail food stores;
(2) all powers, duties, and functions under the food service and lodging act, K.S.A. 36-501 et seq., and amendments thereto, relating to the licensing, inspection, and regulation of food vending machines, food vending machine companies, and food vending machine dealers as those terms are defined in K.S.A. 36-501, and amendments thereto;
(3) all powers, duties, and functions under K.S.A. 65-688 through K.S.A. 65-689, and amendments thereto, relating to the licensing, inspection, and regulation of retail food stores and food processing plants; and
(4) all of those powers, duties, and functions under K.S.A. 65-619 through K.S.A. 65-687, and amendments thereto, that relate to the powers, duties, and functions transferred under paragraphs (1), (2) and (3) above.
(b) The secretary of agriculture is hereby authorized to adopt rules and regulations as necessary to carry out the powers, duties and functions transferred to and imposed upon the department of agriculture and the secretary of agriculture pursuant to paragraph (a).
History: Executive Reorganization Order No. 32, L. 2004, ch. 192, § 1; L. 2008, ch. 48, § 9; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 5 - Department Of Agriculture › 74-582 Successors to certain powers and functions of department and secretary of health and environment and director of division of health; application of documentary references; rules and regulations; orders and directives continued in effect until superseded

74-582.
Successors to certain powers and functions of department and secretary of health and environment and director of division of health; application of documentary references; rules and regulations; orders and directives continued in effect until superseded
. (a) The department of agriculture and the secretary of agriculture shall be the successor in every way to the powers, duties, and functions of the department and secretary of health and environment, the division of health of the department of health and environment, the director of the division of health, and the office of laboratory services of the department of health and environment in which the same were vested prior to the effective date of this order and that are transferred pursuant to K.S.A. 74-581. Every act performed in the exercise of such transferred powers, duties, and functions by or under the authority of the department of secretary of agriculture shall be deemed to have the same force and effect as if performed by the department or secretary of health and environment, the division of health, the director of the division of health, or the office of laboratory services in which such powers, duties, and functions were vested prior to the effective date of this order.
(b) Whenever the department of health and environment, the secretary of health and environment, the division of health, the director of the division of health, or the office of laboratory services or words of like effect, are referred to or designated by a statute, contract, or other document and such reference is in regard to any of the powers, duties, or functions transferred to the department or secretary of agriculture pursuant to this order, such reference or designation shall be deemed to apply to the department of agriculture or the secretary of agriculture.
(c) All rules and regulations, orders, and directives of the secretary of health and environment which relate to the functions transferred by this order and which are in effect on the effective date of this order shall continue to be effective and shall be deemed to be rules and regulations, orders, and directives of the secretary of agriculture until revised, amended, revoked, or nullified pursuant to law.
History: Executive Reorganization Order No. 32, L. 2004, ch. 192, § 2; October 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 5 - Department Of Agriculture › 74-583 Transfer of fund balances and assumption of liability for compensation and salaries by department.

74-583.
Transfer of fund balances and assumption of liability for compensation and salaries by department.
(a) The balances of all funds or accounts thereof appropriated or reappropriated for the department of health and environment relating to the powers, duties, and functions transferred by this order are hereby transferred within the state treasury to the department of agriculture and shall be used only for the purpose for which the appropriation was originally made.
(b) Liability for all accrued compensation or salaries of officers and employees who are transferred to the department of agriculture under this order shall be assumed and paid by the department of agriculture.
History: Executive Reorganization Order No. 32, L. 2004, ch. 192, § 3; October 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 5 - Department Of Agriculture › 74-584 Resolution of conflicts regarding disposition of property, powers, duties, functions, appropriations, personnel and records.

74-584.
Resolution of conflicts regarding disposition of property, powers, duties, functions, appropriations, personnel and records.
(a) When any conflict arises as to the disposition of any property, power, duty, or function or the unexpended balance of any appropriation as a result of any abolition or transfer made by or under the authority of this order, such conflict shall be resolved by the governor, whose decision shall be final.
(b) The department of agriculture shall succeed to all property, property rights, and records which were used for or pertain to the performance of powers, duties, and functions transferred to the department of agriculture. Any conflict as to the proper disposition of property, personnel, or records arising under this order shall be determined by the governor, whose decision shall be final.
History: Executive Reorganization Order No. 32, L. 2004, ch. 192, § 4; October 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 5 - Department Of Agriculture › 74-585 Rights preserved in legal actions and proceedings.

74-585.
Rights preserved in legal actions and proceedings.
(a) No suit, action, or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, by or against any state agency or program mentioned in this order, or by or against any officer of the state in such officer's official capacity or in relation to the discharge of such officer's official duties, shall abate by reason of the governmental reorganization effected under the provisions of this order. The court may allow any such suit, action, or other proceeding to be maintained by or against the successor of any such state agency or any officer affected.
(b) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this order.
History: Executive Reorganization Order No. 32, L. 2004, ch. 192, § 5; October 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 5 - Department Of Agriculture › 74-586 Transfer of officers and employees; rights and benefits preserved.

74-586.
Transfer of officers and employees; rights and benefits preserved.
(a) All officers and employees of the department of health and environment who, immediately prior to the effective date of this order, are engaged in the exercise and performance of the powers, duties, and functions transferred by this order, as well as all officers and employees of the department of health and environment who are determined by the secretary of health and environment and the secretary of agriculture to be engaged in providing administrative, technical, or other support services that are essential to the exercise and performance of the powers, duties, and functions transferred by this order, are hereby transferred to the department of agriculture. All classified employees so transferred shall retain their status as classified employees.
(b) Officers and employees of the department of health and environment transferred by this order shall retain all retirement benefits and leave balances and rights which had accrued or vested prior to the date of transfer. The service of each such officer and employee so transferred shall be deemed to have been continuous. Any subsequent transfers, layoffs, or abolition of classified service positions under the Kansas civil service act shall be made in accordance with the civil service laws and any rules and regulations adopted thereunder. Nothing in this order shall affect the classified status of any transferred person employed by the department of health and environment prior to the date of transfer.
History: Executive Reorganization Order No. 32, L. 2004, ch. 192, § 6; October 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 5 - Department Of Agriculture › 74-587 Food safety programs; authority relating to certain real property transferred to department.

74-587.
Food safety programs; authority relating to certain real property transferred to department.
On and after October 1, 2004, the Kansas department of agriculture shall succeed to whatever right, title or interest the department of health and environment has acquired in any real property in this state concerning the functions transferred by this act or by 2004 Executive Reorganization Order No. 32, and the authority shall hold the same for and in the name of the state of Kansas. On and after October 1, 2004, whenever any statute, contract, deed or other document concerns the power or authority of the department of health and environment or the secretary of the department of health and environment concerning the functions transferred by this act or by 2004 Executive Reorganization Order No. 32 to acquire, hold or dispose of real property or any interest therein, the Kansas department of agriculture shall succeed to such power or authority.
History:
L. 2004, ch. 147, § 1; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 5 - Department Of Agriculture › 74-588 Same; transfer of employees.

74-588.
Same; transfer of employees.
Except as otherwise provided in this act, on October 1, 2004, officers and employees who, immediately prior to such date, were engaged in the performance of powers, duties or functions of the department of health and environment concerning food and food service which are transferred by this act or by 2004 Executive Reorganization Order No. 32, or who become a part of the Kansas department of agriculture, or the powers, duties and functions of which are transferred to the Kansas department of agriculture, and who, in the opinion of the secretary of the Kansas department of agriculture, are necessary to perform the powers, duties and functions of the Kansas department of agriculture, shall be transferred to, and shall become officers and employees of the Kansas department of agriculture.
History:
L. 2004, ch. 147, § 2; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 5 - Department Of Agriculture › 74-589 Same; conflict resolution.

74-589.
Same; conflict resolution.
On and after October 1, 2004, when any conflict arises as to the disposition of any power, function or duty or the unexpended balance of any appropriation as a result of any abolition, transfer, attachment or change made by or under authority of this act, such conflict shall be resolved by the governor, whose decision shall be final.
History:
L. 2004, ch. 147, § 3; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 5 - Department Of Agriculture › 74-590 Same; disposition of records.

74-590.
Same; disposition of records.
(a) On and after October 1, 2004, the Kansas department of agriculture shall serve as custodian for all agency records as defined by the Kansas open records act, related to those sections of chapter 36, article 5 and chapter 65, article 6, from which authority is transferred from the secretary of health and environment to the secretary of agriculture. The department of health and environment shall continue to serve as custodian as defined by the Kansas open records act for all agency records related to chapter 36, article 5 and chapter 65, article 6 generated prior to October 1, 2004. A request for records generated prior to October 1, 2004, pursuant to the Kansas open records act may be made to the Kansas department of agriculture and it will be forwarded to the department of health and environment upon receipt.
(b) The department of health and environment will immediately make available to the Kansas department of agriculture upon request any records, memoranda, writings, entries, prints, representations or combinations thereof of any act, transaction, occurrence or event of the department of health and environment related to those functions transferred to the secretary of agriculture.
History:
L. 2004, ch. 147, § 4; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 5 - Department Of Agriculture › 74-599 Same; designation of hearing officer.

74-599.
Same; designation of hearing officer.
Notwithstanding the provisions of K.S.A. 77-514, and amendments thereto, on and after July 1, 2004, with respect to hearings pursuant to K.S.A. 65-6a18 et seq., and amendments thereto, before the secretary of agriculture in accordance with the Kansas administrative procedure act, a hearing officer from the office of administrative hearings shall be the presiding officer unless the party requests that the matter, for which a hearing has been scheduled or for which a right to a hearing exists, be heard by a hearing officer appointed by the secretary.
History:
L. 2004, ch. 147, § 16; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 5 - Department Of Agriculture › 74-5,100 Certificates of free sale; fees; rules and regulations.

74-5,100.
Certificates of free sale; fees; rules and regulations.
(a) In addition to the specific powers and duties conferred upon the secretary of agriculture by the laws of this state, the secretary is authorized to issue certificates of free sale upon request that are necessary or incidental to the execution of the laws relating to the department of agriculture.
(b) The secretary may establish a fee schedule to cover the cost of issuing such certificates not to exceed $25 per certificate.
(c) The secretary is hereby authorized to adopt rules and regulations necessary to carry out the provisions of this section.
History:
L. 2008, ch. 48, § 1; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 5 - Department Of Agriculture › 74-5,103 Rules and regulations, orders and directives continued.

74-5,103.
Rules and regulations, orders and directives continued.
All rules and regulations, orders and directives of the secretary of agriculture which relate to the powers, duties and functions transferred to and imposed upon the department of agriculture and secretary of agriculture pursuant to K.S.A. 74-581, and amendments thereto, and the rules and regulations adopted thereunder, which are in effect on the effective date of this act shall continue to be effective until revised, amended, revoked or nullified pursuant to law.
History:
L. 2008, ch. 48, § 4; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 5 - Department Of Agriculture › 74-5,104 Transfer of powers, duties and functions to secretary of agriculture; division of food safety.

74-5,104.
Transfer of powers, duties and functions to secretary of agriculture; division of food safety.
(a) Except as otherwise provided by this act, on and after October 1, 2008, all of the powers, duties and functions of the department of health and environment concerning food service and lodging are hereby transferred to and conferred and imposed upon, the secretary of agriculture.
(b) Except as otherwise provided by this act, on and after October 1, 2008, the secretary of agriculture shall be the successor in every way to the powers, duties and functions of the department of health and environment concerning food service and lodging in which the same were vested prior to October 1, 2008. Every act performed in the exercise of such powers, duties and functions by or under the authority of the secretary of agriculture shall be deemed to have the same force and effect as if performed by the department of health and environment, in which such powers, duties and functions were vested prior to October 1, 2008.
(c) All rules and regulations of the department of health and environment concerning food service and lodging in existence on October 1, 2008, shall continue to be effective and shall be deemed to be duly adopted rules and regulations of the secretary of agriculture until revised, amended, revoked or nullified pursuant to law.
(d) All orders and directives of the department of health and environment concerning food service and lodging in existence on October 1, 2008, shall continue to be effective and shall be deemed to be orders and directives of the secretary of agriculture until revised, amended or nullified pursuant to law.
(e) The division of food safety shall be a continuation of the department of health and environment concerning food service and lodging.
History:
L. 2008, ch. 84, § 1; April 24.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 5 - Department Of Agriculture › 74-5,105 Rights preserved in legal actions and proceedings.

74-5,105.
Rights preserved in legal actions and proceedings.
(a) No suit, action or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, by or against any state agency or program mentioned in this act, or by or against any officer of the state in such officer's official capacity or in relation to the discharge of such officer's official duties, shall abate by reason of the governmental reorganization effected under the provisions of this act. The court may allow any such suit, action or other proceeding to be maintained by or against the successor of any such state agency or any officer affected.
(b) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this act.
History:
L. 2008, ch. 84, § 2; April 24.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 5 - Department Of Agriculture › 74-5,106 Food service and lodging; authority relating to certain real property transferred to secretary.

74-5,106.
Food service and lodging; authority relating to certain real property transferred to secretary.
On and after October 1, 2008, the secretary of agriculture shall succeed to whatever right, title or interest the department of health and environment has acquired in any real property in this state concerning the functions transferred by this act, and the secretary of agriculture shall hold the same for and in the name of the state of Kansas. On and after October 1, 2008, whenever any statute, contract, deed or other document concerns the power or authority of the department of health and environment or the secretary of the department of health and environment concerning the functions transferred by this act to acquire, hold or dispose of real property or any interest therein, the secretary of agriculture shall succeed to such power or authority.
History:
L. 2008, ch. 84, § 3; April 24.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 5 - Department Of Agriculture › 74-5,107 Same; transfer of employees.

74-5,107.
Same; transfer of employees.
(a) Except as otherwise provided in this act, on October 1, 2008, officers and employees who, immediately prior to such date, were engaged in the performance of powers, duties or functions of the department of health and environment concerning food service and lodging which are transferred by this act, or who become a part of the Kansas department of agriculture, or the powers, duties and functions of which are transferred to the Kansas department of agriculture, and who, in the opinion of the secretary of agriculture, are necessary to perform the powers, duties and functions of the Kansas department of agriculture, shall be transferred to, and shall become officers and employees of the Kansas department of agriculture.
(b) Officers and employees of the department of health and environment transferred by this act shall retain all retirement benefits and leave balances and rights which had accrued or vested prior to the date of transfer. The service of each such officer and employee so transferred shall be deemed to have been continuous. All transfers, layoffs or abolition of classified service positions under the Kansas civil service act shall be made in accordance with the civil service laws and any rules and regulations adopted thereunder. Nothing in this act shall affect the classified status of any transferred person employed by the department of health and environment prior to the date of transfer.
History:
L. 2008, ch. 84, § 4; April 24.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 5 - Department Of Agriculture › 74-5,108 Same; disposition of records.

74-5,108.
Same; disposition of records.
(a) On and after October 1, 2008, the Kansas department of agriculture shall serve as custodian for all agency records, as defined by the Kansas open records act, related to article 5 of chapter 36 of the Kansas Statutes Annotated, from which authority is transferred from the department of health and environment to the secretary of agriculture. The department of health and environment shall continue to serve as custodian, as defined by the Kansas open records act, for all agency records related to article 5 of chapter 36 of the Kansas Statutes Annotated generated prior to October 1, 2008. A request for records generated prior to October 1, 2008, pursuant to the Kansas open records act, may be made to the Kansas department of agriculture and it shall be forwarded to the department of health and environment upon receipt.
(b) The department of health and environment shall immediately make available to the Kansas department of agriculture upon request any records, memoranda, writings, entries, prints, representations or combinations thereof of any act, transaction, occurrence or event of the department of health and environment related to those functions transferred to the secretary of agriculture.
History:
L. 2008, ch. 84, § 5; April 24.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 5 - Department Of Agriculture › 74-5,109 Same; transfer of funds.

74-5,109.
Same; transfer of funds.
On October 1, 2008, the balances of all funds or accounts thereof appropriated or reappropriated for the department of health and environment relating to the powers, duties and functions transferred by this act are hereby transferred within the state treasury to the Kansas department of agriculture and shall be used only for the purpose for which the appropriation was originally made.
History:
L. 2008, ch. 84, § 6; April 24.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 5 - Department Of Agriculture › 74-5,110 Same; effective date.

74-5,110.
Same; effective date.
The provisions of K.S.A. 74-5,104 through 74-5,109, and amendments thereto, shall be effective on and after October 1, 2008.
History:
L. 2008, ch. 84, § 7; April 24.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 5 - Department Of Agriculture › 74-5,111 Same; expenditures by secretary of health and environment; approval of secretary of agriculture required.

74-5,111.
Same; expenditures by secretary of health and environment; approval of secretary of agriculture required.
(a) On and after the effective date of this act, and prior to July 1, 2008, the secretary of health and environment shall not make any expenditures for the fiscal year ending June 30, 2008, from funds or accounts appropriated or reappropriated for the department of health and environment relating to the powers, duties and functions transferred by this act on October 1, 2008, without prior approval of the secretary of agriculture.
(b) On and after July 1, 2008, and prior to October 1, 2008, the secretary of health and environment shall not make any expenditures for the fiscal year ending June 30, 2009, from funds or accounts appropriated or reappropriated for the department of health and environment relating to the powers, duties and functions transferred by this act on October 1, 2008, without prior approval of the secretary of agriculture.
History:
L. 2008, ch. 84, § 8; April 24.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 5 - Department Of Agriculture › 74-5,112 Agriculture marketing and promotions program created within department of agriculture.

74-5,112. Agriculture marketing and promotions program created within department of agriculture.
(a) There is hereby established, within and as a part of the Kansas department of agriculture, the agriculture marketing and promotions program.
(b) (1) The secretary of agriculture shall appoint such employees as may be needed to carry out the powers and duties of the program, and all such officers and employees shall be within the classified or unclassified service.
(2) All employees shall act for and exercise the powers of the secretary of agriculture to the extent that authority to do so is delegated by the secretary of agriculture.
History:
Executive Reorganization Order No. 40, § 1; L. 2011, ch. 135, § 1; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 5 - Department Of Agriculture › 74-5,113 Transfer of marketing and promotions functions from department of commerce to department of agriculture.

74-5,113. Transfer of marketing and promotions functions from department of commerce to department of agriculture.
(a) The agriculture products development division within the department of commerce created by K.S.A. 74-50,156, and amendments thereto, is hereby abolished.
(b) Except as otherwise provided by K.S.A. 74-5,112 through 74-5,132, and amendments thereto, all powers, duties and functions of the agriculture products development division within the department of commerce created by K.S.A. 74-50,156, and amendments thereto, are hereby transferred to and imposed upon the agriculture marketing and promotions program within the Kansas department of agriculture created herein.
History:
Executive Reorganization Order No. 40, § 2; L. 2011, ch. 135, § 2; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 5 - Department Of Agriculture › 74-5,114 Powers, duties and functions of agriculture products development division transferred to department of agriculture; application of documentary references and designations; rules and regulations, orders and directives of secretary continued in effect until superseded.

74-5,114. Powers, duties and functions of agriculture products development division transferred to department of agriculture; application of documentary references and designations; rules and regulations, orders and directives of secretary continued in effect until superseded.
(a) The agriculture marketing and promotions program within the Kansas department of agriculture shall be the successor in every way to the powers, duties and functions of the agriculture products development division within the department of commerce which were in effect prior to the effective date of K.S.A. 74-5,112 through 74-5,132, and amendments thereto, and that are transferred pursuant to K.S.A. 74-5,113, and amendments thereto. Every act performed in the exercise of such transferred powers, duties and functions by or under the authority of the agriculture marketing and promotions program within the Kansas department of agriculture shall be deemed to have the same force and effect as if performed by the agriculture products development division within the department of commerce in which such powers, duties and functions were in effect prior to the effective date of K.S.A. 74-5,112 through 74-5,132, and amendments thereto.
(b) Whenever the agriculture products development division or words of like effect are referred to or designated by a statute, contract, or other document and such reference is in regard to any of the powers, duties, or functions transferred to the agriculture products marketing and promotions program such reference or designation shall be deemed to apply to the program or the secretary of agriculture.
(c) All rules and regulations, orders and directives of the agriculture products development division within the department of commerce which relate to the functions transferred by K.S.A. 74-5,112 through 74-5,132, and amendments thereto and which are in effect on the effective date of K.S.A. 74-5,112 through 74-5,132, and amendments thereto, shall continue to be effective and shall be deemed to be rules and regulations, orders and directives of the agriculture marketing and promotions program within the Kansas department of agriculture transferred herein until revised, amended, revoked or nullified pursuant to law.
History:
Executive Reorganization Order No. 40, § 3; L. 2011, ch. 135, § 3; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 5 - Department Of Agriculture › 74-5,115 Funds and liabilities transferred from department of commerce to department of agriculture.

74-5,115. Funds and liabilities transferred from department of commerce to department of agriculture.
(a) The balances of all funds or accounts thereof appropriated or reappropriated for the agriculture products development division within the department of commerce relating to the powers, duties and functions transferred by K.S.A. 74-5,112 through 74-5,132, and amendments thereto, are hereby transferred within the state treasury to the agriculture marketing and promotions program within the Kansas department of agriculture transferred herein and shall be used only for the purpose for which the appropriation was originally made.
(b) Subject to acts of the legislature, all fees, grant funds, and loan repayment funds dedicated to the agriculture products development division within the department of commerce prior to the effective date of K.S.A. 74-5,112 through 74-5,132, and amendments thereto, shall be transferred to the agriculture marketing and promotions program within the department of agriculture.
(c) Liability for all accrued compensation or salaries of officers and employees who are transferred from the agriculture products development division within the department of commerce under K.S.A. 74-5,112 through 74-5,132, and amendments thereto, shall be assumed and paid by the agriculture marketing and promotions program within the Kansas department of agriculture.
History:
Executive Reorganization Order No. 40, § 4; L. 2011, ch. 135, § 4; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 5 - Department Of Agriculture › 74-5,116 Resolution of conflicts regarding disposition of property, powers, duties, functions, appropriations, personnel and records.

74-5,116. Resolution of conflicts regarding disposition of property, powers, duties, functions, appropriations, personnel and records.
(a) When any conflict arises as to the disposition of any property, power, duty or function or the unexpended balance of any appropriation as a result of any abolition or transfer made by or under the authority of K.S.A. 74-5,112 through 74-5,132, and amendments thereto, such conflict shall be resolved by the governor, whose decision shall be final.
(b) The agriculture marketing and promotions program within the Kansas department of agriculture shall succeed to all property, property rights and records which were used for or pertain to the performance of powers, duties and functions transferred to the division. Any conflict as to the proper disposition of property, personnel, or records arising under K.S.A. 74-5,112 through 74-5,132, and amendments thereto, shall be determined by the governor, whose decision shall be final.
History:
Executive Reorganization Order No. 40, § 5; L. 2011, ch. 135, § 5; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 5 - Department Of Agriculture › 74-5,117 Rights preserved in legal actions and proceedings.

74-5,117. Rights preserved in legal actions and proceedings.
(a) No suit, action, or other proceeding, judicial or administrative, lawfully commenced or which could have been commenced, by or against any state agency or program mentioned in K.S.A. 74-5,112 through 74-5,132, and amendments thereto, or by or against any officer of the state in such officer's official duties, shall abate by reason of the governmental reorganization effected under the provisions of K.S.A. 74-5,112 through 74-5,132, and amendments thereto. The court may allow any such suit, action or other proceeding to be maintained by or against the successor of any such state agency or any officer affected.
(b) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of K.S.A. 74-5,112 through 74-5,132, and amendments thereto.
History:
Executive Reorganization Order No. 40, § 6; L. 2011, ch. 135, § 6; July 1.