reglab/statecodes huggingface dataset:
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 5 - Department Of Agriculture › 74-5,118 Transfer of officers and employees; rights and benefits preserved.

74-5,118. Transfer of officers and employees; rights and benefits preserved.
(a) The secretary of agriculture shall determine such employees as are necessary to enable the secretary to carry out the duties of the agriculture marketing and promotions program. All officers and employees of the agriculture products development division within the department of commerce who, immediately prior to the effective date of K.S.A. 74-5,112 through 74-5,132, and amendments thereto, are engaged in the exercise and performance of the powers, duties and functions transferred by K.S.A. 74-5,112 through 74-5,132, and amendments thereto, who are determined by 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 K.S.A. 74-5,112 through 74-5,132, and amendments thereto, are hereby transferred to the agriculture marketing and promotions program within the Kansas department of agriculture. All classified employees so transferred shall retain their status as classified employees. Thereafter, the secretary of agriculture may convert vacant classified positions to positions in the unclassified service under the Kansas civil service act.
(b) Officers and employees of the agriculture products development division within the department of commerce transferred by K.S.A. 74-5,112 through 74-5,132, and amendments thereto, 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 K.S.A. 74-5,112 through 74-5,132, and amendments thereto, shall affect the classified status of any transferred person employed by the agriculture products development division of the department of commerce prior to the date of transfer.
History:
Executive Reorganization Order No. 40, § 7; L. 2011, ch. 135, § 7; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 5 - Department Of Agriculture › 74-5,119 Powers, duties and functions of animal health department transferred to department of agriculture; appointment of animal health commissioner.

74-5,119. Powers, duties and functions of animal health department transferred to department of agriculture; appointment of animal health commissioner.
(a) The division of animal health is hereby established within the Kansas department of agriculture. The division of animal health shall be a continuation of the Kansas animal health department and the animal health commissioner shall be a continuation of the livestock commissioner of the Kansas animal health department. The division shall be administered under the supervision of the secretary of agriculture, by the animal health commissioner, who shall be the chief administrative officer of the division. On the effective date of K.S.A. 74-5,112 through 74-5,132, and amendments thereto, the secretary of agriculture shall appoint the animal health commissioner. Thereafter, upon a vacancy in the office of animal health commissioner, the Kansas animal health board shall submit three nominations to the secretary of agriculture for the office of animal health commissioner, and the secretary of agriculture shall choose one of the three nominations to appoint as the animal health commissioner. The animal health commissioner shall serve at the pleasure of the secretary and the animal health board. The animal health commissioner shall be in the unclassified service under the Kansas civil service act and shall receive an annual salary fixed by the secretary of agriculture, with the approval of the governor.
(b) All of the powers, duties and functions of the existing Kansas animal health department and the existing livestock commissioner of the Kansas animal health department are hereby transferred to and imposed upon the animal health division within the Kansas department of agriculture and the animal health commissioner, respectively.
(c) 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.
History:
Executive Reorganization Order No. 40, § 8; L. 2011, ch. 135, § 8; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 5 - Department Of Agriculture › 74-5,120 Animal health department and livestock commissioner abolished.

74-5,120. Animal health department and livestock commissioner abolished.
The Kansas animal health department and the office of livestock commissioner as established by K.S.A. 75-1901, and amendments thereto, are hereby abolished.
History:
Executive Reorganization Order No. 40, § 9; L. 2011, ch. 135, § 9; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 5 - Department Of Agriculture › 74-5,121 Department of agriculture successor to animal health department; application of documentary references and designations; rules and regulations, orders and directives of secretary continued in effect until superseded.

74-5,121. Department of agriculture successor to animal health department; application of documentary references and designations; rules and regulations, orders and directives of secretary continued in effect until superseded.
(a) The animal health commissioner of the Kansas department of agriculture shall be the successor in every way to the powers, duties and functions of the Kansas animal health department and the livestock commissioner of the Kansas animal health department in which the same were vested prior to the effective date of K.S.A. 74-5,112 through 74-5,132, and amendments thereto. 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 Kansas animal health department and the livestock commissioner of the Kansas animal health department in which such powers, duties and functions were vested prior to the effective date of K.S.A. 74-5,112 through 74-5,132, and amendments thereto.
(b) Whenever the Kansas animal health department or the livestock commissioner of the Kansas animal health department, or words of like effect, are referred to or designated by a statute, contract, memorandum of understanding, plan, grant, waiver or other document, such reference or designation shall be deemed to apply to the animal health division of the Kansas department of agriculture or the animal health commissioner under the secretary of agriculture.
(c) All rules and regulations, orders and directives of the livestock commissioner of the Kansas animal health department that 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 animal health division of the Kansas department of agriculture until revised, amended, revoked or nullified pursuant to law, by the secretary of agriculture.
(d) Before any proposed rules and regulations of the animal health commissioner of the division of animal health of the department of agriculture are submitted to the secretary of administration or the attorney general pursuant to K.S.A. 77-420, and amendments thereto:
(1) The animal health commissioner shall submit such rules and regulations to the animal health board; and
(2) the animal health board shall review and make recommendations to the animal health commissioner and the secretary of agriculture regarding such proposed rules and regulations.
History:
Executive Reorganization Order No. 40, § 10; L. 2011, ch. 135, § 10; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 5 - Department Of Agriculture › 74-5,121a "Agency head" means the secretary or animal health commissioner.

74-5,121a. "Agency head" means the secretary or animal health commissioner.
For purposes of administrative proceedings of the division of animal health of the Kansas department of agriculture, "agency head" means the Kansas secretary of agriculture or the animal health commissioner of the Kansas department of agriculture, when acting on behalf of the secretary.
History:
L. 2012, ch. 125, § 2; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 5 - Department Of Agriculture › 74-5,122 Animal health board and pet animal advisory board continued.

74-5,122. Animal health board and pet animal advisory board continued.
(a) The Kansas animal health board, created by K.S.A. 74-4001, and amendments thereto, is hereby continued in existence within the animal health division of the department of agriculture with respect to powers, duties and functions of the Kansas animal health department that are transferred under K.S.A. 74-5,112 through 74-5,132, and amendments thereto. Persons who are members of the Kansas animal health board on the effective date of K.S.A. 74-5,112 through 74-5,132, and amendments thereto, shall continue to hold such offices under the conditions and limitations provided under K.S.A. 74-4001, and amendments thereto.
(b) The Kansas pet animal advisory board, created by K.S.A. 47-1725, and amendments thereto, is hereby continued in existence within the animal health division of the department of agriculture with respect to powers, duties and functions of the Kansas animal health department that are transferred under K.S.A. 74-5,112 through 74-5,132, and amendments thereto. Persons who are members of the Kansas pet animal advisory board on the effective date of K.S.A. 74-5,112 through 74-5,132, and amendments thereto, shall continue to hold such offices under the conditions and limitations provided under K.S.A. 47-1725, and amendments thereto.
History:
Executive Reorganization Order No. 40, § 11; L. 2011, ch. 135, § 11; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 5 - Department Of Agriculture › 74-5,123 Department of agriculture successor to animal health department and livestock commissioner.

74-5,123. Department of agriculture successor to animal health department and livestock commissioner.
The Kansas department of agriculture shall succeed to all property, property rights and records of the Kansas animal health department and the livestock commissioner of the Kansas animal health department.
History:
Executive Reorganization Order No. 40, § 12; L. 2011, ch. 135, § 12; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 5 - Department Of Agriculture › 74-5,124 Funds and liabilities transferred from animal health department to department of agriculture.

74-5,124. Funds and liabilities transferred from animal health department to department of agriculture.
(a) On the effective date of K.S.A. 74-5,112 through 74-5,132, and amendments thereto, the balances of all funds or accounts thereof appropriated or reappropriated for the Kansas animal health department 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.
(b) Subject to acts of the legislature, all fees and grant funds dedicated to animal health programs shall remain dedicated to animal health programs on and after the effective date of K.S.A. 74-5,112 through 74-5,132, and amendments thereto.
History:
Executive Reorganization Order No. 40, § 13; L. 2011, ch. 135, § 13; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 5 - Department Of Agriculture › 74-5,125 Transfer of officers and employees; rights and benefits preserved.

74-5,125. Transfer of officers and employees; rights and benefits preserved.
(a) (1) The secretary of agriculture in consultation with the animal health commissioner shall determine such employees as are necessary to enable the secretary to carry out the duties of the animal health division. The livestock commissioner of the animal health department shall become the animal health commissioner of the animal health division of the Kansas department of agriculture on the effective date of K.S.A. 74-5,112 through 74-5,132, and amendments thereto. All other officers and employees of the Kansas animal health department who, immediately prior to such date, were engaged in the performance of powers, duties and functions for the Kansas animal health department and who are, in the opinion of the secretary of agriculture in consultation with the animal health commissioner, necessary to perform the powers, duties and functions of the Kansas animal health department that are transferred under K.S.A. 74-5,112 through 74-5,132, and amendments thereto, shall become officers and employees of the department of agriculture and are hereby transferred to the Kansas department of agriculture on the effective date of K.S.A. 74-5,112 through 74-5,132, and amendments thereto.
(2) All classified employees transferred under this subsection (a) shall retain their status as classified employees. Thereafter, the secretary of agriculture may convert vacant classified positions to positions in the unclassified service under the Kansas civil service act.
(b) Officers and employees of the Kansas animal health department transferred under K.S.A. 74-5,112 through 74-5,132, and amendments thereto, shall retain all retirement benefits and leave balances and rights that 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 K.S.A. 74-5,112 through 74-5,132, and amendments thereto, shall affect the classified status of any transferred person employed by the Kansas animal health department prior to the date of transfer.
(c) Liability for accrued compensation or salaries of each officer and employee who is transferred from the Kansas animal health department to the Kansas department of agriculture under K.S.A. 74-5,112 through 74-5,132, and amendments thereto, shall be assumed and paid by the Kansas department of agriculture on the effective date of K.S.A. 74-5,112 through 74-5,132, and amendments thereto.
History:
Executive Reorganization Order No. 40, § 14; L. 2011, ch. 135, § 14; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 5 - Department Of Agriculture › 74-5,126 Powers, duties and functions of conservation commission transferred to department of agriculture; appointment of executive director.

74-5,126. Powers, duties and functions of conservation commission transferred to department of agriculture; appointment of executive director.
(a) On the effective date of K.S.A. 74-5,112 through 74-5,132, and amendments thereto, the division of conservation is hereby established within the Kansas department of agriculture. The division of conservation shall be a continuation of the state conservation commission and the executive director of conservation shall be a continuation of the executive director of the state conservation commission. The division shall be administered under the supervision of the secretary of agriculture by the executive director of the division of conservation, who shall be the chief administrative officer of the division. The executive director of the division of conservation shall be jointly appointed by the secretary of agriculture and the state conservation commission and shall serve at the pleasure of the secretary and the state conservation commission. The executive director of the division of conservation shall be in the unclassified service under the Kansas civil service act and shall receive an annual salary fixed by the secretary of agriculture, with the approval of the governor.
(b) All of the powers, duties and functions of the existing state conservation commission and the existing executive director of the state conservation commission are hereby transferred to and imposed upon the conservation division of the Kansas department of agriculture and the executive director of the conservation division, respectively.
History:
Executive Reorganization Order No. 40, § 15; L. 2011, ch. 135, § 15; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 5 - Department Of Agriculture › 74-5,127 Department of agriculture successor to conservation commission; application of documentary references and designations; rules and regulations, orders and directives of secretary continued in effect until superseded.

74-5,127. Department of agriculture successor to conservation commission; application of documentary references and designations; rules and regulations, orders and directives of secretary continued in effect until superseded.
(a) The conservation division of the department of agriculture shall be the successor in every way to the powers, duties and functions of the state conservation commission and the executive director of the state conservation commission in which the same were vested prior to the effective date of K.S.A. 74-5,112 through 74-5,132, and amendments thereto. 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 state conservation commission and the executive director of the state conservation commission in which such powers, duties and functions were vested prior to the effective date of K.S.A. 74-5,112 through 74-5,132, and amendments thereto.
(b) Whenever the state conservation commission or the executive director of the state conservation commission, or words of like effect, are referred to or designated by a statute, contract, memorandum of understanding, plan, grant, waiver or other document, such reference or designation shall be deemed to apply to the conservation division within the department of agriculture or the executive director of the conservation division under the secretary of agriculture.
(c) All rules and regulations, orders and directives of the state conservation commission or the executive director of the state conservation commission that 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 conservation division of the Kansas department of agriculture until revised, amended, revoked or nullified pursuant to law by the secretary of agriculture.
History:
Executive Reorganization Order No. 40, § 16; L. 2011, ch. 135, § 16; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 5 - Department Of Agriculture › 74-5,128 Conservation commission continued.

74-5,128. Conservation commission continued.
The state conservation commission established by K.S.A. 2-1904, and amendments thereto, is hereby continued in existence within the conservation division within the department of agriculture with respect to the powers, duties and functions of the state conservation commission that are transferred under K.S.A. 74-5,112 through 74-5,132, and amendments thereto. Persons who are members of the board shall continue to hold such offices under the conditions and limitations in effect on the effective date of K.S.A. 74-5,112 through 74-5,132, and amendments thereto.
History:
Executive Reorganization Order No. 40, § 17; L. 2011, ch. 135, § 17; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 5 - Department Of Agriculture › 74-5,129 Department of agriculture successor to conservation commission.

74-5,129. Department of agriculture successor to conservation commission.
The Kansas department of agriculture shall succeed to all property, property rights and records of the state conservation commission and the executive director of the state conservation commission.
History:
Executive Reorganization Order No. 40, § 18; L. 2011, ch. 135, § 18; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 5 - Department Of Agriculture › 74-5,130 Funds and liabilities transferred from conservation commission to department of agriculture.

74-5,130. Funds and liabilities transferred from conservation commission to department of agriculture.
(a) On the effective date of K.S.A. 74-5,112 through 74-5,132, and amendments thereto, the balances of all funds or accounts thereof appropriated or reappropriated for the state conservation commission 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.
(b) Subject to acts of the legislature, all fees and grant funds dedicated to conservation programs shall remain dedicated to conservation programs on and after the effective date of K.S.A. 74-5,112 through 74-5,132, and amendments thereto.
History:
Executive Reorganization Order No. 40, § 19; L. 2011, ch. 135, § 19; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 5 - Department Of Agriculture › 74-5,131 Transfer of officers and employees; rights and benefits preserved.

74-5,131. Transfer of officers and employees; rights and benefits preserved.
(a) (1) The executive director of the conservation commission shall become the executive director of the conservation division of the Kansas department of agriculture on the effective date of K.S.A. 74-5,112 through 74-5,132, and amendments thereto. All other officers and employees of the state conservation commission who, immediately prior to such date, were engaged in the performance of powers, duties and functions for the state conservation commission and who are, in the opinion of the secretary of agriculture in consultation with the executive director, necessary to perform the powers, duties and functions of the state conservation commission that are transferred under K.S.A. 74-5,112 through 74-5,132, and amendments thereto, shall become officers and employees of the department of agriculture and are hereby transferred to the Kansas department of agriculture on the effective date of K.S.A. 74-5,112 through 74-5,132, and amendments thereto.
(2) The secretary of agriculture in consultation with the executive director shall determine such officers and employees as are necessary to enable the secretary to carry out the duties of the division of conservation.
(3) All classified employees transferred under this subsection (a) shall retain their status as classified employees. Thereafter, the secretary of agriculture may convert vacant classified positions to positions in the unclassified service under the Kansas civil service act.
(b) Officers and employees of the state conservation commission transferred by K.S.A. 74-5,112 through 74-5,132, and amendments thereto, shall retain all retirement benefits and leave balances and rights that 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 K.S.A. 74-5,112 through 74-5,132, and amendments thereto, shall affect the classified status of any transferred person employed by the state conservation commission prior to the date of transfer.
(c) Liability for accrued compensation or salaries of each officer and employee who is transferred to the Kansas department of agriculture under K.S.A. 74-5,112 through 74-5,132, and amendments thereto, shall be assumed and paid by the Kansas department of agriculture on the effective date of K.S.A. 74-5,112 through 74-5,132, and amendments thereto.
History:
Executive Reorganization Order No. 40, § 20; L. 2011, ch. 135, § 20; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 5 - Department Of Agriculture › 74-5,132 Rights preserved in legal actions and proceedings.

74-5,132. Rights preserved in legal actions and proceedings.
(a) No suit, action, or other proceeding, judicial or administrative, that is lawfully commenced or that could have been lawfully 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 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 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 that is commenced or that 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, § 21; L. 2011, ch. 135, § 21; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 5 - Department Of Agriculture › 74-5,132a Powers, duties and functions of division of conservation; employment of administrative officer, technical experts and other employees; assignment of personnel from state agency or institution of learning upon request of the division.

74-5,132a. Powers, duties and functions of division of conservation; employment of administrative officer, technical experts and other employees; assignment of personnel from state agency or institution of learning upon request of the division.
In addition to the powers and duties conferred in K.S.A. 74-5,126, and amendments thereto, the Kansas department of agriculture division of conservation shall have all the powers, duties and functions delegated pursuant to K.S.A. 74-5,126, and amendments thereto. It shall also employ an administrative officer and such technical experts as it may require and shall determine their qualifications and duties. Such officer and experts shall be in the unclassified service of the Kansas civil services act and shall receive annual salaries fixed by the division and approved by the state finance council. All other agents and employees, permanent or temporary, required by the division of conservation, shall be within the classified services of the Kansas civil service act. The division may call upon the attorney general of the state for such legal services as it may require. It shall have authority to delegate to one or more agents or employees, such powers and duties as it deems proper. It shall be supplied with suitable office accommodations at the state capital, and shall be furnished with the necessary supplies and equipment. Upon request of the division, for the purpose of carrying out any of its functions, the supervision officer of any state agency or of any state institution of learning, insofar as may be possible under available appropriations and having due regard to the needs of the agency to which the request is directed, shall assign or detail to the division members of the staff or personnel of such agency or institution of learning and make such special reports, surveys or studies as the division may request.
History:
L. 2012, ch. 140, § 122; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 5 - Department Of Agriculture › 74-5,133 Arkansas river gaging fund; expenditures; crediting of certain moneys received as royalties to the fund.

74-5,133. Arkansas river gaging fund; expenditures; crediting of certain moneys received as royalties to the fund.
(a) (1) There is hereby established in the state treasury the Arkansas river gaging fund, which shall be administered by the secretary of agriculture. All expenditures from the Arkansas river gaging fund shall be for the operation and maintenance of:
(A) The gages along the Arkansas river necessary to manage the river under the Arkansas river compact; and
(B) the stateline groundwater gage sites in the Arkansas river basin necessary to manage the quantity and quality of such groundwater.
(2) After all expenditures are made during the fiscal year for the purposes listed in paragraph (1), then, expenditures shall be made in accordance with the following priorities and subject to the expenditure limitations prescribed therefor:
(A) First, any remaining moneys authorized to be expended from the fund for the fiscal year shall be expended for the purposes of livestock market reporting in an amount not to exceed $20,000 in a fiscal year; and
(B) second, if there are any remaining moneys authorized to be expended from the fund for the fiscal year after the expenditures for livestock market reporting, then expenditures shall be made from the fund for the purpose of funding the bluestem pasture report in an amount not to exceed $5,000.
(3) All expenditures from the Arkansas river gaging 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 of agriculture or the designee of the secretary of agriculture.
(b) All moneys received as royalties from the state's oil and gas leases in Hamilton, Kearny, Finney, Gray and Ford counties, except those moneys arising from leases on lands under the control of the secretary of wildlife and parks as provided by K.S.A. 32-854, and amendments thereto, shall be deposited in the state treasury in accordance with the provisions of K.S.A. 75-4215, and amendments thereto, and shall be credited to the Arkansas river gaging fund. During each fiscal year, when the total amount of moneys credited to the fund is equal to $95,000, no further moneys shall be credited to the fund. The remainder of the moneys received for such royalties for such fiscal year shall be credited to the state general fund.
History:
L. 2011, ch. 89, § 29; L. 2012, ch. 47, § 91; L. 2015, ch. 37, § 4; L. 2023, ch. 7, § 117; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 5 - Department Of Agriculture › 74-5,134 Laboratory testing; fees; laboratory testing services fee fund.

74-5,134. Laboratory testing; fees; laboratory testing services fee fund.
(a) The secretary of agriculture may fix, charge and collect fees for providing laboratory testing of samples from other states upon request. The fees shall be fixed in order to recover all or part of the costs incurred to provide the services and any other necessary and incidental expenses incurred in conjunction with such laboratory testing.
(b) The secretary of agriculture shall remit all moneys received by or for the secretary from fees collected under this section to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the laboratory testing services fee fund.
(c) The secretary of agriculture may adopt rules and regulations to establish fees and to implement and administer the provisions of this section for such laboratory testing.
History:
L. 2012, ch. 2, § 1; March 8.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 6 - State Corporation Commission › 74-601 State corporation commission; creation; members, appointment, terms, vacancies; chairperson; salaries; application of K-GOAL.

74-601.
State corporation commission; creation; members, appointment, terms, vacancies; chairperson; salaries; application of K-GOAL.
(a) There is hereby created the state corporation commission, which shall consist of three members appointed by the governor, subject to confirmation by the senate as provided in K.S.A. 75-4315b, and amendments thereto. Except as provided by K.S.A. 46-2601, no person appointed to the commission shall exercise any power, duty or function as a member of the commission until confirmed by the senate. No more than two members of the commission shall belong to the same political party. Each member shall be appointed for a term of four years and until a successor has been appointed and confirmed. In case of a vacancy in the office of a member of the commission, the governor shall appoint a successor to fill the vacancy for the unexpired term.
(b) The terms of members who are serving on the commission on the effective date of this act shall expire on March 15, of the year in which such member's term would have expired under the provisions of this section prior to amendment by this act. Thereafter, members shall be appointed for terms of four years and until their successors are appointed and confirmed.
(c) The commission shall elect one of its members as chairperson of the commission. The chairperson of the commission shall receive an annual salary in an amount equal to the annual salary prescribed by law for the chief judge of the court of appeals, payable monthly. Each other member of the commission shall receive an annual salary in an amount equal to the annual salary paid by the state to a judge of the court of appeals, other than the chief judge, payable monthly. Each member of the commission shall devote full time to the duties of the office.
(d) The provisions of the Kansas governmental operations accountability law apply to the state corporation commission and the commission is subject to audit, review and evaluation under such law.
History: L. 1933, ch. 275, § 1; L. 1937, ch. 329, § 13; L. 1945, ch. 303, § 3; L. 1947, ch. 416, § 3; L. 1949, ch. 405, § 1; L. 1953, ch. 363, § 2; L. 1955, ch. 345, § 1; L. 1957, ch. 424, § 1; L. 1961, ch. 378, § 1; L. 1965, ch. 458, § 5; L. 1967, ch. 443, § 5; L. 1970, ch. 309, § 1; L. 1973, ch. 175, § 61; L. 1974, ch. 361, § 63; L. 1975, ch. 398, § 1; L. 1976, ch. 380, § 10; L. 1978, ch. 308, § 53; L. 1978, ch. 350, § 3; L. 1982, ch. 347, § 30; L. 1984, ch. 318, § 12; L. 1992, ch. 116, § 33; L. 1995, ch. 241, § 8; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 6 - State Corporation Commission › 74-601a Public service commission abolished.

74-601a.
Public service commission abolished.
The public service commission as created by chapter 259 of the Laws of 1929, being sections 74-601, 74-602, 74-603, 74-605a, 74-605b, 74-605c, 74-606 and 74-608 of the 1931 Supplement to the Revised Statutes is hereby abolished.
History: L. 1933, ch. 275, § 2; March 18.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 6 - State Corporation Commission › 74-601b Powers, duties, authority and jurisdiction of bank commissioner and charter board under K.S.A. 17-1223 through 17-1251 conferred upon commission.

74-601b.
Powers, duties, authority and jurisdiction of bank commissioner and charter board under
K.S.A.
17-1223 through 17-1251 conferred upon commission.
All the powers, duties, authority and jurisdiction now exercised by and imposed by law upon the bank commissioner and upon the charter board relating to speculative securities, and all powers, duties, authority and jurisdiction imposed upon the bank commissioner or the charter board under chapter 140 [17-1223 to 17-1251] of the Laws of 1929, the same being article 12 of chapter 17 of the 1931 Supplement to the Revised Statutes of Kansas for 1923, are hereby transferred to and imposed and conferred upon the state corporation commission herein created, and said state corporation commission is hereby empowered and directed to do all things necessary and convenient for the proper exercise of all such powers, duties, authority and jurisdiction.
History: L. 1933, ch. 275, § 4; March 18.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 6 - State Corporation Commission › 74-601c Powers, duties, authority and jurisdiction under K.S.A. 55-601 through 55-609 conferred.

74-601c.
Powers, duties, authority and jurisdiction under
K.S.A.
55-601 through 55-609 conferred.
All of the powers, duties, authority and jurisdiction heretofore vested in the public service commission under and by virtue of sections 55-601 to 55-609, 1931 Supplement to the Revised Statutes of Kansas, 1923, and chapter 214 of the Session Laws of 1933, be and are hereby vested in the state corporation commission.
History:
L. 1933, ch. 79, § 1 (Special Session); November 9.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 6 - State Corporation Commission › 74-602 Powers, duties, authority and jurisdiction conferred upon commission.

74-602.
Powers, duties, authority and jurisdiction conferred upon commission.
All of the powers, duties, authority and jurisdiction now exercised by and imposed by law upon the public service commission relating to public utilities, common carriers and motor carriers, and all the powers, duties, authority and jurisdiction imposed upon the public utilities commission by chapter 238 of the Laws of 1911, as amended (now sections 66-101 to 66-195, inclusive, Revised Statutes of 1923, and 1931 Supplement thereto), and by chapter 239 of the Laws of 1931, the same being Revised Statutes 1931 Supplement, 74-602a to 74-602d [66-1401 to 66-1403, 66-1501], inclusive, and all parts of the laws relating to the duties and liabilities of railroads (now sections 66-201 to 66-1209, inclusive, Revised Statutes of 1923, and 1931 Supplement thereto), under which the public service commission now exercises jurisdiction over common carriers and motor carriers, are hereby transferred to and imposed and conferred upon the state corporation commission created under the provisions of this act, and the state corporation commission herein created is hereby empowered and directed to do all things necessary and convenient for the proper exercise of all such powers, duties, authority and jurisdiction.
History: L. 1933, ch. 275, § 3; March 18.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 6 - State Corporation Commission › 74-605 Corporation commission; qualifications and oaths of members, secretary and attorney; extra employees.

74-605.
Corporation commission; qualifications and oaths of members, secretary and attorney; extra employees.
No person owning any bonds, stock or property in any railroad company or other common carrier or public utility, or who is in the employment of, or who is in any way or manner pecuniarily interested in, any railroad company or other common carrier or public utility, shall be eligible, except as hereinafter provided, to the office of commissioner, attorney or secretary of said commission, nor shall such commissioner, attorney or secretary hold any office of profit or any position under any committee of any political party, or hold any other position of honor, profit or trust under or by virtue of any of the laws of the United States or of the state of Kansas. Said commissioners shall be qualified electors of the state, and shall not while such commissioners engage in any occupation or business inconsistent with their duties as such commissioners.
And if any member of the commission, at the time of his appointment, shall own any bonds, stock or property in any railroad company or other common carrier or public utility, or is in the employment of, or is in any way or manner pecuniarily interested in any railroad company or any common carrier or public utility, such commissioner or other appointee shall within thirty (30) days divest himself of such interest or employment, and upon his failing to do so he shall forfeit his office, and the governor shall remove such commissioner and shall appoint his successor, who shall hold until a successor is appointed and qualified.
Each of said commissioners, attorney and secretary shall be sworn, before entering upon the discharge of the same, to faithfully perform the duties of the respective offices. Said commission is authorized and empowered to employ, subject to the approval of the governor, such extra accountants, engineers, experts and special assistants as in its judgment may be necessary and proper to carry the provisions of this act into effect, and to fix their compensation; and such employees shall hold their office during the pleasure of said commission: Provided, That no person related by blood or marriage to any member of such commission shall be appointed or employed by said commission.
History: R.S. 1923, 74-605; L. 1967, ch. 434, § 23; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 6 - State Corporation Commission › 74-605a Same; oaths of members.

74-605a.
Same; oaths of members.
The members of the state corporaton commission shall take the oath required for other state officers.
History:
L. 1933, ch. 275, § 5; L. 1967, ch. 434, § 24; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 6 - State Corporation Commission › 74-606 Corporation commission main office in Topeka, conservation division in Wichita; director, petroleum engineer and interagency coordinator of division unclassified.

74-606.
Corporation commission main office in Topeka, conservation division in Wichita; director, petroleum engineer and interagency coordinator of division unclassified.
The state corporation commission shall keep its office in the city of Topeka, and the office of the conservation division in the city of Wichita and the members thereof may act officially in any part of the state. The director of the conservation division of the state corporation commission shall be in the unclassified service under the Kansas civil service act. The petroleum engineer and interagency coordinator within the conservation division of the state corporation commission shall be in the unclassified service under the Kansas civil service act.
History:
L. 1933, ch. 275, § 6; L. 1957, ch. 442, § 6; L. 1981, ch. 298, § 1; L. 1994, ch. 1, § 1; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 6 - State Corporation Commission › 74-607 Same; records; seal; copies as evidence.

74-607.
Same; records; seal; copies as evidence.
Said corporation commission shall keep an accurate record of all its official acts, and shall also provide a seal. All process or certificates issued or given by the said commission shall be attested by its seal. Copies of the record of the commission, certified by the secretary and attested with the seal of the commission, shall be received in evidence with like effect as copies of other public records.
History:
R.S. 1923, 74-607; December 27.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 6 - State Corporation Commission › 74-614 State corporation commission; certain professional employees of utilities division in unclassified service.

74-614.
State corporation commission; certain professional employees of utilities division in unclassified service.
On and after the effective date of this act, all engineers, auditors, accountants, rate analysts, economists and similar professional employees within the utilities division of the state corporation commission shall be in the unclassified service under the Kansas civil service act.
History: L. 1979, ch. 236, § 1; April 24.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 6 - State Corporation Commission › 74-615 State corporation commission; director of transportation division in unclassified service.

74-615.
State corporation commission; director of transportation division in unclassified service.
The director of the transportation division of the state corporation commission shall be in the unclassified service under the Kansas civil service act.
History:
L. 1980, ch. 200, § 4; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 6 - State Corporation Commission › 74-616 State corporation commission; powers and duties relating to energy resources.

74-616.
State corporation commission; powers and duties relating to energy resources.
In addition to other powers and duties provided by law, in administering the provisions of this act the state corporation commission shall:
(a) Adopt rules and regulations necessary for the administration of this act;
(b) develop a comprehensive state energy conservation plan and the procedures for implementing the plan according to federal requirements;
(c) make requests for and accept funds and other assistance from federal agencies for energy conservation and other energy-related activities in this state, including, but not limited to, the state energy program;
(d) administer federal energy conservation programs in this state;
(e) prepare an emergency management plan for natural gas and electric energy to be adopted during activation of emergency support function 12 of the Kansas response plan established under K.S.A. 48-920 et seq., and amendments thereto, which plan shall include the system of priorities for natural gas and electric energy allocation and curtailment of energy resources consumption established under K.S.A. 74-620, and amendments thereto.
History:
L. 1983, ch. 258, § 1; L. 1994, ch. 248, § 28; L. 2007, ch. 65, § 1; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 6 - State Corporation Commission › 74-617 Receipt and disbursement of federal funds; energy grants management fund created.

74-617.
Receipt and disbursement of federal funds; energy grants management fund created.
Whenever any moneys are received by the state corporation commission from federal agencies for energy conservation and other energy-related activities, the state corporation commission shall remit all such moneys to the state treasurer in accordance with the provisions of K.S.A. 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the energy grants management fund, which is hereby created in the state treasury. All expenditures from such fund shall be made in accordance with appropriation acts and any applicable contracts or agreements upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the chairperson of the state corporation commission, or by a person designated by the chairperson.
History:
L. 1983, ch. 258, § 2; L. 2001, ch. 5, § 299; July 1.
2023 Kansas Statutes › Chapter 74 - State Boards, Commissions And Authorities › Article 6 - State Corporation Commission › 74-619 Proclamation of state of disaster emergency by governor when demand exceeds energy supply.

74-619.
Proclamation of state of disaster emergency by governor when demand exceeds energy supply.
Except as provided for in K.S.A. 48-924, and amendments thereto, whenever it appears from an evaluation of conditions in the state by the governor that the supply of natural gas and electric energy is inadequate to meet the demand for such energy in the state or any geographic areas of the state and that the public health, safety and welfare are threatened thereby, the governor may proclaim that a state of disaster emergency exists pursuant to K.S.A. 48-924, and amendments thereto.
History:
L. 1983, ch. 258, § 4; L. 2007, ch. 65, § 2; July 1.