55-440. Same; civil and criminal actions saved. (a) No suit, action or other proceeding, judicial or administrative, lawfully commenced, or which could have been commenced, by or against the director of taxation with regard to the petroleum products inspection law 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 transfers 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 secretary of agriculture or any officer affected.
(b) No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this act.
History: L. 1989, ch. 163, § 16; L. 1993, ch. 58, § 8; L. 1996, ch. 105, § 12; July 1.
Structure Kansas Statutes
Article 4 - Petroleum Products Inspection
55-422 Petroleum products inspection law; definitions.
55-423 Standards for petroleum products established by the secretary.
55-424 Duties of secretary; entry upon premises; samples collected; stop-sale order.
55-425 Standards for tests; test methods and equipment.
55-436 Administration and enforcement; jurisdiction of secretary of agriculture over inspections.
55-437 Same; transfer of powers, duties and functions.
55-439 Same; resolution of conflicts by governor; succession to property and records.
55-440 Same; civil and criminal actions saved.
55-443 Penalties; appeal procedure.
55-445 Injunction, restraining order.
55-447 Servicing or repairing a dispensing device; exceptions.