34-129. Same; transfer of limited powers, duties and functions from grain inspection to department of agriculture; successor thereto; rules and regulations; title to property. - Kansas Statutes

34-129

Chapter 34.--GRAIN AND FORAGE Article 1.--PUBLIC WAREHOUSES; DEPARTMENT OF AGRICULTURE

      34-129.   Same; transfer of limited powers, duties and functions from graininspection to department of agriculture; successor thereto; rules andregulations; title to property.On and after September 1, 1997:

      (a)   Except as otherwise provided by this act, the department ofagriculture and the secretary of agriculture shall be the successor in everyway to the powers, duties and functions of the Kansas state grain inspectiondepartment and the director of the Kansas state grain inspection departmentconcerning public warehouses in which the same were vested prior to theeffective date of this section. Every act performed in the exercise of suchpowers, duties and functions by or under the authority of the department ofagriculture and the secretary of agriculture shall be deemed to have the sameforce and effect as if performed by the Kansas state grain inspectiondepartment and the director of the Kansas state grain inspection department,respectively, in which such powers, duties and functions were vestedprior to the effective date of this section.

      (b)   Except as otherwise provided by this act, whenever the Kansas stategrain inspection department, or words of like effect concerning publicwarehouses, is referred to or designated by a statute, contract or otherdocument, such reference or designation shall be deemed to apply to thedepartment of agriculture.

      (c)   Except as otherwise provided by this act, whenever the director of theKansas state grain inspection department, or words of like effect concerningpublic warehouses, is referred to or designated by a statute, contract or otherdocument, such reference or designation shall be deemed to apply to thesecretary of agriculture.

      (d)   All rules and regulations of the Kansas state grain inspectiondepartment and the director of the Kansas state grain inspection departmentconcerning public warehouses in existence on the effective date of this sectionshall continue to be effective and shall be deemed to be duly adopted rules andregulations of the secretary of agriculture until revised, amended, revoked ornullified pursuant to law.

      (e)   All orders and directives of the Kansas state grain inspectiondepartment and the director of the Kansas state grain inspection departmentconcerning public warehouses in existence on the effective date of this sectionshall continue to be effective and shall be deemed to be orders and directivesof the department of agriculture until revised, amended or nullified pursuantto law.

      (f)   On the effective date of this act, the department of agriculture shallsucceed to whatever right, title or interest the Kansas state grain inspectiondepartment has acquired in any real property in this state concerning publicwarehouses, and the department shall hold the same for and in the name of thestate of Kansas. On and after the effective date of this act, whenever anystatute, contract, deed or other document concerns the power or authority ofthe Kansas state grain inspection department and the director of the Kansasstate grain inspection department concerning public warehouses to acquire, holdor dispose of real property or any interest therein, the department ofagriculture shall succeed to such power or authority.

      (g)   The department of agriculture and the secretary of agriculture shallbe continuations of the Kansas state grain inspection department and thedirector of the Kansas state grain inspection department concerning publicwarehouses.

      History:   L. 1997, ch. 160, § 2; Aug. 1.