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 custody of all records, memoranda, writings, entries, prints, representations or combinations thereof of any act, transaction, occurrence or event of the Kansas state grain inspection department concerning public warehouses and any agency or office transferred thereto under this act.
(b) No suit, action or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, by or against any state agency mentioned in this act, 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 this act. 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.
(c) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this act.
History: L. 1997, ch. 160, § 6; L. 2004, ch. 101, § 165; July 1.
Structure Kansas Statutes
Article 1 - Public Warehouses; Department Of Agriculture
34-101 Warehouses; supervision of; warehouse fee fund created.
34-101b Warehouse examining procedures; federal cooperation; contracts.
34-102 Duties of secretary; penalties.
34-111 Duties of attorney general and county or district attorney.
34-125 Charges by grain warehouses; minimum-maximum schedule; determined by the secretary.
34-126 Policy of Kansas concerning high-quality grain.
34-128 Abolishment of state grain inspection department; transfer of limited powers and duties.
34-130 Same; officers and employees transferred; benefits and rights.
34-131 Same; abolishment of positions determined to be unnecessary.
34-132 Same; conflicts as to power, function or duty to be resolved by governor.
34-133 Same; legal custody of records transferred; no abatement of suits, actions or proceedings.
34-134 Same; balance of funds and liabilities transferred.
34-135 Same; transfer of property; valuing and selling property; fee fund transferred.