34-133. Same; legal custody of records transferred; no abatement of suits, actions or proceedings. - Kansas Statutes

34-133

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

      34-133.   Same; legal custody of records transferred;no abatement of suits,actions or proceedings.On and after September 1, 1997:

      (a)   The Kansas department of agriculture shall have the legal custodyof all records, memoranda, writings, entries, prints, representations orcombinations thereof of any act, transaction, occurrence or event of the Kansasstate grain inspection department concerning public warehouses and any agencyor office transferred thereto under this act.

      (b)   No suit, action or other proceeding, judicial or administrative, lawfullycommenced, or which could have been commenced, by or against any state agencymentioned in this act, or by or against any officer of the state in suchofficer's official capacity or in relation to the discharge of such officer'sofficial duties, shall abate by reason of the governmental reorganizationeffected 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 anysuch state agency or any officer affected.

      (c)   No criminal action commenced or which could have been commenced by thestate shall abate by the taking effect of this act.

      History:   L. 1997, ch. 160, § 6;L. 2004, ch. 101, § 165; July 1.