55-437. Same; transfer of powers, duties and functions. - Kansas Statutes

55-437

Chapter 55.--OIL AND GAS Article 4.--PETROLEUM PRODUCTS INSPECTION

      55-437.   Same; transfer of powers, duties and functions.(a) All of the powers, duties and functions of thedirector of taxation with regard to the petroleum productsinspection law pertaining tothe actual inspection of the products specified in K.S.A. 55-423, andamendments thereto, are herebytransferred to and conferred and imposed upon the secretary of agriculture.

      (b)   The secretary of agriculture shall be thesuccessor in every way tothe powers, duties and functions of the director of taxation with regard tothe petroleum products inspection law pertaining to the actualinspection of the productsspecified in K.S.A. 55-423, and amendments thereto, in which the same werevested prior to the effectivedate of this act. Every act performed in the exercise of such powers,duties and functions by or under the authority of the secretary of agricultureshall be deemed to have the same force andeffect as ifperformed by the director of taxation with regard to the petroleumproducts inspection lawin which such powers, duties and functions were vested prior to theeffective date of this order.

      (c)   Whenever the director of taxation, or words of like effect, withregard to the petroleum products inspection law pertaining to theactual inspection of theproducts specified in K.S.A. 55-423, and amendments thereto, is referred toor designated by astatute, contract or other document, such reference or designation shall bedeemed to apply to the secretary of agriculture.

      (d)   All rules and regulations of the director of taxation with regard tothe petroleum products inspection law pertaining to the actualinspection of the productsspecified in K.S.A. 55-423, and amendments thereto, in existence on theeffective date of this act shallcontinue to be effective and shall be deemed to be duly adopted rules andregulations of the secretary of agriculture untilrevised, amended, revokedor nullified pursuant to law.

      (e)   All orders and directives of the director of taxation with regard tothe petroleum products inspection law pertaining to the actualinspection of the productsspecified in K.S.A. 55-423, and amendments thereto, in existence on theeffective date of this act shallcontinue to be effective and shall be deemed the orders and directives ofthe secretary of agriculture until revised, amended ornullified pursuant to law.

      (f)   The secretary of agriculture shall succeed towhatever right, titleor interest the director of taxation, with regard to the petroleumproducts inspectionlaw pertaining to the actual inspection of the products specified in K.S.A.55-423, and amendments thereto, has acquired in any real property in thisstate, and the secretaryshall hold the same for and in the name of the state of Kansas.

      (g)   On and after the effective date of this act whenever any statute,contract, deed or other document concerns the power or authority of thedirector of taxation with regard to the petroleum productsinspection law pertaining tothe actual inspection of the products specified in K.S.A. 55-423, andamendments thereto, to acquire, holdor dispose of real property or any interest therein, the secretary ofagriculture shall succeed to such power or authority.

      History:   L. 1989, ch. 163, § 13;L. 1993, ch. 58, § 6;L. 1996, ch. 105, § 9; July 1.