34-135. Same; transfer of property; valuing and selling property; fee fund transferred. - Kansas Statutes

34-135

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

      34-135.   Same; transfer of property; valuing and selling property; fee fundtransferred.(a) On and after September 1, 1997, the department of agriculture shall succeedto whatever right, title or interest the Kansas stategrain inspection department has acquired in any property in this stateconcerning grain inspection, including equipment and supplies from the proteinlaboratories and inspection laboratories.The director of Kansas correctional industries, or the director's designee,pursuant to the director's duties as operator of the state surplus propertyprogram, shall place a fair market value on such property. Upon receipt of suchfair market value, the secretary shall offer for sale, at the fair marketvalue, all property acquired in such transfer in a single lot to the entitythat has been designated by the grain inspection, packers and stockyardsadministration as the official agency pursuant to the United States grainstandards act. If such designated agency declines to purchase such property,the secretary shall offer for sale such property to the general public. Allrevenue received pursuant to such sale shall be deposited in the state treasuryand credited to the grain inspection fee fund.

      (b)   On September 1, 1997, the grain inspection fee fund and all records ofthe grain inspection fee fund are hereby transferred to the secretary ofagriculture for the purposes of this section.

      (c)   On and after September 1, 1997, all expenditures from the graininspectionfee fund shall be made in accordance with appropriation acts upon warrants ofthe director of accounts and reports issued pursuant to vouchers approved bythe secretary of agriculture or the secretary's designee. On and afterSeptember 1,1997, the secretary of agriculture shall pay all outstanding liabilities of thegrain inspection fee fund as evidenced by encumbrances of moneys credited tothe grain inspection fee fund. After such payment of all outstandingliabilities of the grain inspection fee fund, the secretary of agricultureshalltransfer the amount of money equal to the amount of money credited to thegrain inspection fee fund on December 1, 1993, fromthe grain inspection fee fund to thewarehouse fee fund, created in K.S.A. 34-101, and amendments thereto.The remaining moneys credited to the grain inspection fee fund shall bemaintained in such fund. Such moneys shall be expended only if necessary toreestablish or designate a state agency pursuant to statute to perform theduties and functions of grain inspection. On or before the 10th of each month,the director of accounts and reports shall transfer from the state general fundto the warehouse fee fund interest earnings based on:

      (1)   The average daily balance of moneys in the grain inspection fee fund forthe preceding month; and

      (2)   the net earnings rate of the pooled money investment portfolio for thepreceding month.

      (d)   The secretary may maintain the leases of the grain inspection departmentuntil October 1, 1997.

      History:   L. 1997, ch. 160, § 8; Aug. 1.