Kansas Statutes

Chapter 34: Grain And Forage

Article 1: Public Warehouses; Department Of Agriculture

Statutes:

• 34-101: Warehouses; supervision of; warehouse fee fund created.
• 34-101a:
• 34-101b: Warehouse examining procedures; federal cooperation; contracts.
• 34-101c: Warehouse examining procedures; contracts with federal corporations and agencies; disposition of moneys received; warehouse fee fund.
• 34-101d:
• 34-101e:
• 34-102: Duties of secretary; penalties.
• 34-102a:
• 34-102b:
• 34-103:
• 34-103a:
• 34-103b:
• 34-104:
• 34-105:
• 34-106:
• 34-107:
• 34-108:
• 34-109:
• 34-110:
• 34-111: Duties of attorney general and county or district attorney.
• 34-112:
• 34-112a:
• 34-113:
• 34-114:
• 34-115:
• 34-116, 34-117:
• 34-118:
• 34-119, 34-120:
• 34-121:
• 34-122:
• 34-123, 34-124:
• 34-125: Charges by grain warehouses; minimum-maximum schedule; determined by the secretary.
• 34-126: Policy of Kansas concerning high-quality grain.
• 34-127:
• 34-128: Abolishment of state grain inspection department; transfer of limited powers and duties.
• 34-129: Same; transfer of limited powers, duties and functions from grain inspection to department of agriculture; successor thereto; rules and regulations; title to property.
• 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.
• 34-136: Rules and regulations.

• 34-101: Warehouses; supervision of; warehouse fee fund created. (a) The Kansas department of agriculture shall have supervision and regulation of all warehouses operated under the Kansas public warehouse laws relating to storage of grain.

        (b)   The Kansas department of agriculture shall have the authority to cooperate with any private entity or organization or local, state or national organization or agency, whether voluntary or created by the law of any state, or by national law, engaged in work or activities similar to the work and activities of the department, and to enter into contracts and agreements with such entities, organizations or agencies for carrying on a joint campaign of development, education and publicity.

        (c)   No provision of this section shall be construed to prohibit or prevent the secretary of agriculture or any authorized representatives from inspecting any weighing or measuring device or otherwise performing any of the secretary's duties pursuant to any provision of chapter 83 of Kansas Statutes Annotated, and amendments thereto.

        (d) (1)   There is hereby created the warehouse fee fund in the state treasury. The secretary shall remit all moneys received by or for the secretary from fees, charges or penalties to the state treasurer in accordance with the provisions of K.S.A 75-4215, and amendments thereto. Upon receipt of each such remittance, the state treasurer shall deposit the entire amount in the state treasury to the credit of the warehouse fee fund. All expenditures from such fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary or by a person or persons designated by the secretary.

        (2)   On or before the 10th of each month, the director of accounts and reports shall transfer from the state general fund to the warehouse fee fund interest earnings based on:

        (A)   The average daily balance of moneys in the warehouse fee fund for the preceding month; and

        (B)   the net earnings rate of the pooled money investment portfolio for the preceding month.

        History:   L. 1907, ch. 222, § 1; L. 1915, ch. 229, § 1; L. 1919, ch. 285, § 4; R.S. 1923, 34-101; L. 1933, ch. 189, § 1; L. 1959, ch. 194, § 1; L. 1990, ch. 142, § 1; L. 1991, ch. 108, § 1; Revived, L. 1997, ch. 167, § 2; L. 1997, ch. 167, § 3; L. 2001, ch. 5, § 105; L. 2004, ch. 101, § 192; July 1.

• 34-101a:

        History:   L. 1933, ch. 189, § 7; Repealed, L. 1997, ch. 160, § 43; Sept. 1.

• 34-101b: Warehouse examining procedures; federal cooperation; contracts. (a) The secretary of agriculture is authorized and empowered to enter into contracts and agreements necessary to cooperate with the commodity credit corporation, a public corporation organized under the laws of the United States or other federal agencies to make uniform the procedures followed in examining state licensed public grain warehouses and to make available to the commodity credit corporation or other federal agencies the information acquired under such examining procedures by state warehouse examiners.

        (b)   The secretary of agriculture is authorized and empowered to enter into contracts and agreements necessary to cooperate with governmental agencies of this state, other states, agencies of the federal government and private associations in order to carry out the purpose and provisions of this chapter and the United States warehouse act, 7 U.S.C.A., section 241, et seq. Notwithstanding any other provisions of this chapter, such agreements may relate to a joint program for licensing and bonding. Such a program may be designed to avoid duplication of effort on the part of the licensing authority and requirements for operation, and promote more efficient enforcement of the provisions of this chapter and comparable provisions of the laws of the states of Nebraska, Colorado, Missouri and Oklahoma.

        History:   L. 1955, ch. 233, § 1; L. 1996, ch. 43, § 1; L. 1997, ch. 160, § 11; Sept. 1.

• 34-101c: Warehouse examining procedures; contracts with federal corporations and agencies; disposition of moneys received; warehouse fee fund. Any contracts entered into pursuant to K.S.A. 34-101b, and amendments thereto, may provide for reimbursement to the Kansas department of agriculture by the commodity credit corporation for such services so performed and furnished, and any money received pursuant to the terms of such contracts shall be deposited in the warehouse fee fund.

        History:   L. 1955, ch. 233, § 2; L. 1973, ch. 2, § 11; L. 1997, ch. 160, § 12; L. 2004, ch. 101, § 162; July 1.

• 34-101d:

        History:   L. 1959, ch. 194, § 2; L. 1988, ch. 366, § 8; L. 1992, ch. 18, § 1; Repealed, L. 1997, ch. 160, § 43; Sept. 1.

• 34-101e:

        History:   L. 1907, ch. 222, § 1; L. 1915, ch. 229, § 1; L. 1919, ch. 285, § 4; R.S. 1923, 34-101; L. 1933, ch. 189, § 1; L. 1959, ch. 194, § 1; L. 1990, ch. 364, § 1; Repealed, L. 1991, ch. 108, § 3; April 18.

• 34-102: Duties of secretary; penalties. (a) The secretary shall:

        (1)   Adopt any rules and regulations necessary to enforce the laws of this state relating to storage of grain and management of public warehouses;

        (2)   investigate all complaints of, and to the extent possible correct occurrences of, fraud or oppression in the grain trade; and

        (3)   investigate and, at the secretary's discretion, monitor a grain handling facility when the secretary believes it is operating as a public grain warehouse without a valid federal or state warehouse license.

        (b)   Violation of any provision of this section is a class B misdemeanor.

        (c)   No provision of this section shall be construed to prohibit or prevent either the secretary of agriculture or the secretary's authorized representatives from inspecting any weighing or measuring device or otherwise performing any of the secretary's duties pursuant to any provision of chapter 83 of Kansas Statutes Annotated, and amendments thereto.

        History:   L. 1907, ch. 222, § 3; L. 1915, ch. 229, § 2; L. 1921, ch. 199, § 1; R.S. 1923, 34-102; L. 1933, ch. 189, § 5; L. 1983, ch. 135, § 4; L. 1989, ch. 121, § 1;. L. 1990, ch. 364, § 2; L. 1997, ch. 160, § 13; Sept. 1.

• 34-102a:

        History:   L. 1955, ch. 232, § 1, Repealed, L. 1997, ch. 160, § 43; Sept. 1.

• 34-102b:

        History:   L. 1975, ch. 440, § 7; L. 1996, ch. 253, § 5; Repealed, L. 1997, ch. 160, § 43; Sept. 1.

• 34-103:

        History:   L. 1915, ch. 229, § 4; L. 1917, ch. 203, § 3; L. 1919, ch. 285, § 5; L. 1920, ch. 63, § 1; R.S. 1923, 34-103; L. 1925, ch. 179, § 1; L. 1931, ch. 193, § 1; L. 1933, ch. 189, § 6; L. 1937, ch. 331, § 4; L. 1939, ch. 298, § 2; L. 1943, ch. 175, § 1; L. 1945, ch. 209, § 1; L. 1947, ch. 260, § 1; L. 1951, ch. 285, § 1; L. 1955, ch. 232, § 3; L. 1957, ch. 252, § 1; L. 1959, ch. 195, § 1; L. 1962, ch. 34, § 1; Repealed, L. 1967, ch. 226, § 2; April 25.

• 34-103a:

        History:   L. 1959, ch. 195, § 2; L. 1967, ch. 226, § 1; L. 1982, ch. 178, § 1; L. 1984, ch. 150, § 1; L. 1986, ch. 152, § 1; L. 1988, ch. 132, § 1; L. 1989, ch. 121, § 2; L. 1990, ch. 142, § 2; L. 1991, ch. 108, § 2; L. 1992, ch. 18, § 2; L. 1994, ch. 31, § 1; L. 1996, ch. 43, § 2; Repealed, L. 1997, ch. 160, § 43; Sept. 1.

• 34-103b:

        History:   L. 1959, ch. 195, § 2; L. 1967, ch. 226, § 1; L. 1982, ch. 178, § 1; L. 1984, ch. 150, § 1; L. 1986, ch. 152, § 1; L. 1988, ch. 132, § 1; L. 1989, ch. 121, § 2; L. 1990, ch. 364, § 3; Repealed, L. 1991, ch. 108, § 3; April 18.

• 34-104:

        History:   L. 1907, ch. 222, § 9; L. 1915, ch. 229, § 5; R.S. 1923, 34-104; Repealed, L. 1997, ch. 160, § 43; Sept. 1.

• 34-105:

        History:   L. 1907, ch. 222, § 12; L. 1915, ch. 229, § 7; R.S. 1923, 34-105; L. 1983, ch. 135, § 5; Repealed, L. 1997, ch. 160, § 43; Sept. 1.

• 34-106:

        History:   L. 1907, ch. 222, § 13; L. 1915, ch. 229, § 8; R.S. 1923, 34-106; L. 1983, ch. 135, § 6; Repealed, L. 1997, ch. 160, § 43; Sept. 1.

• 34-107:

        History:   L. 1907, ch. 222, § 14; L. 1915, ch. 229, § 9; R.S. 1923, 34-107; L. 1984, ch. 150, § 2; L. 1990, ch. 364, § 4; Repealed, L. 1997, ch. 160, § 43; Sept. 1.

• 34-108:

        History:   L. 1907, ch. 222, § 15; R.S. 1923, 34-108; Repealed, L. 1969, ch. 180, § 21-4701; July 1, 1970.

• 34-109:

        History:   L. 1907, ch. 222, § 16; L. 1915, ch. 229, § 10; R.S. 1923, 34-109; Repealed, L. 1973, ch. 2, § 36; July 1.

• 34-110:

        History:   L. 1907, ch. 222, § 17; R.S. 1923, 34-110; Repealed, L. 1997, ch. 160, § 43; Sept. 1.

• 34-111: Duties of attorney general and county or district attorney. (a)   The secretary shall have the duty to report in writing to the attorney general and to the county or district attorney of the county where the grain warehouse is located:

        (1)   Any finding by an examiner of the department that there is a substantial shortage in the amount of grain in a grain warehouse and that the shortage is not adequately accounted for; and

        (2)   any complaint which is referred to the secretary pursuant to K.S.A. 34-121 and amendments thereto and which the secretary reasonably believes is a basis for prosecution.

        (b)   In any criminal prosecution against a warehouseman for a violation of any provision of this act, it shall be the duty of the attorney general to prosecute the suit to a final determination. Upon request by the attorney general, the county or district attorney of the county or district where the suit is being prosecuted shall assist the attorney general in the prosecution.

        History:   L. 1907, ch. 222, § 18; R.S. 1923, 34-111; L. 1982, ch. 179, § 1; L. 1983, ch. 136, § 1; L. 1997, ch. 160, § 14; Sept. 1.

• 34-112:

        History:   L. 1907, ch. 222, § 37; L. 1915, ch. 229, § 12; R.S. 1923, 34-112; Repealed, L. 1965, ch. 271, § 1; June 30.

• 34-112a:

        History:   L. 1927, ch. 298, § 4; L. 1984, ch. 150, § 3; Repealed, L. 1997, ch. 160, § 43; Sept. 1.

• 34-113:

        History:   L. 1905, ch. 486, § 1; R.S. 1923, 34-113; L. 1984, ch. 150, § 4; Repealed, L. 1997, ch. 160, § 43; Sept. 1.

• 34-114:

        History:   L. 1921, ch. 201, § 1; R.S. 1923, 34-114; L. 1955, ch. 232, § 4; Repealed, L. 1959, ch. 195, § 3; March 27.

• 34-115:

        History:   L. 1921, ch. 201, § 2; R.S. 1923, 34-115; L. 1972, ch. 332, § 44; Repealed, L. 1973, ch. 2, § 36; July 1.

• 34-116, 34-117:

        History:   L. 1923, ch. 170, §§ 1, 2; R.S. 1923, 34-116, 34-117; Repealed, L. 1973, ch. 2, § 36; July 1.

• 34-118:

        History:   L. 1921, ch. 201, § 3; R.S. 1923, 34-118; Repealed, L. 1973, ch. 2, § 36; July 1.

• 34-119, 34-120:

        History:   L. 1937, ch. 4, §§ 1, 2; Repealed, L. 1973, ch. 2, § 36; July 1.

• 34-121:

        History:   L. 1953, ch. 218, § 1; L. 1982, ch. 347, § 16; Repealed, L. 1997, ch. 160, § 43; Sept. 1.

• 34-122:

        History:   L. 1953, ch. 218, § 2; L. 1973, ch. 2, § 12; L. 1974, ch. 348, § 12; L. 1975, ch. 416, § 2; L. 1982, ch. 180, § 1; Repealed, L. 1997, ch. 160, § 43; Sept. 1.

• 34-123, 34-124:

        History:   L. 1953, ch. 218, §§ 3, 4; L. 1984, ch. 150, §§ 5, 6; Repealed, L. 1997, ch. 160, § 43; Sept. 1.

• 34-125: Charges by grain warehouses; minimum-maximum schedule; determined by the secretary. (a) The secretary, prior to June 1 each year, shall determine a schedule of maximum and minimum charges to be made by public grain warehouses, licensed under the laws of the state of Kansas, for the storage of grain and for such other and extraordinary services performed or to be performed by such licensed public grain warehousemen during the ensuing license year. Such charges made by such warehouse shall be filed with the Kansas department of agriculture and such warehouse shall not be required to refile such charges unless such warehouse is changing such charges that are posted or until such time that the charges are changed by the secretary.

        (b)   If any of such charges be changed from those previously in effect the secretary shall notify all currently licensed public warehousemen of such schedule of maximum and minimum charges.

        History:   L. 1953, ch. 218, § 5; L. 1967, ch. 227, § 1; L. 1996, ch. 43, § 3; L. 1997, ch. 160, § 15; L. 2004, ch. 101, § 163; July 1.

• 34-126: Policy of Kansas concerning high-quality grain. It is declared to be the policy of the state of Kansas to: (1) Promote the production of high-quality grain; (2) promote storage and handling practices which will assist in the maintenance of grain quality; and (3) promote the marketing of grain of high quality to both domestic and foreign buyers. The objective of this policy is to provide greater economic incentives for production and sale of high-quality grain.

        History:   L. 1987, ch. 146, § 1; July 1.

• 34-127:

        History:   L. 1987, ch. 146, § 3; Repealed, L. 1997, ch. 160, § 43; Sept. 1.

• 34-128: Abolishment of state grain inspection department; transfer of limited powers and duties. On and after September 1, 1997:

        (a)   The Kansas state grain inspection department established by K.S.A. 34-101 is hereby abolished.

        (b)   Except as otherwise provided by this act, all of the powers, duties and functions of the Kansas state grain inspection department and the director of the Kansas state grain inspection department concerning public warehouses are hereby transferred to and conferred and imposed upon the department of agriculture and the secretary of agriculture.

        (c)   Except as otherwise provided by this act, all of the powers, duties and functions of the Kansas state grain inspection department and the director of the Kansas state grain inspection department concerning grain inspection are hereby governed by the grain inspection, packers, stockyards administration of the United States department of agriculture.

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

• 34-129: Same; transfer of limited powers, duties and functions from grain inspection to department of agriculture; successor thereto; rules and regulations; title to property. On and after September 1, 1997:

        (a)   Except as otherwise provided by this act, the department of agriculture and the secretary of agriculture shall be the successor in every way to the powers, duties and functions of the Kansas state grain inspection department and the director of the Kansas state grain inspection department concerning public warehouses in which the same were vested prior to the effective date of this section. Every act performed in the exercise of such powers, duties and functions by or under the authority of the department of agriculture and the secretary of agriculture shall be deemed to have the same force and effect as if performed by the Kansas state grain inspection department and the director of the Kansas state grain inspection department, respectively, in which such powers, duties and functions were vested prior to the effective date of this section.

        (b)   Except as otherwise provided by this act, whenever the Kansas state grain inspection department, or words of like effect concerning public warehouses, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the department of agriculture.

        (c)   Except as otherwise provided by this act, whenever the director of the Kansas state grain inspection department, or words of like effect concerning public warehouses, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the secretary of agriculture.

        (d)   All rules and regulations of the Kansas state grain inspection department and the director of the Kansas state grain inspection department concerning public warehouses in existence on the effective date of this section shall continue to be effective and shall be deemed to be duly adopted rules and regulations of the secretary of agriculture until revised, amended, revoked or nullified pursuant to law.

        (e)   All orders and directives of the Kansas state grain inspection department and the director of the Kansas state grain inspection department concerning public warehouses in existence on the effective date of this section shall continue to be effective and shall be deemed to be orders and directives of the department of agriculture until revised, amended or nullified pursuant to law.

        (f)   On the effective date of this act, the department of agriculture shall succeed to whatever right, title or interest the Kansas state grain inspection department has acquired in any real property in this state concerning public warehouses, and the department shall hold the same for and in the name of the state of Kansas. On and after the effective date of this act, whenever any statute, contract, deed or other document concerns the power or authority of the Kansas state grain inspection department and the director of the Kansas state grain inspection department concerning public warehouses to acquire, hold or dispose of real property or any interest therein, the department of agriculture shall succeed to such power or authority.

        (g)   The department of agriculture and the secretary of agriculture shall be continuations of the Kansas state grain inspection department and the director of the Kansas state grain inspection department concerning public warehouses.

        History:   L. 1997, ch. 160, § 2; Aug. 1.

• 34-130: Same; officers and employees transferred; benefits and rights. Except as otherwise provided in this act, on September 1, 1997, officers and employees who, immediately prior to such date, were in positions engaged in the performance of powers, duties or functions of the Kansas state grain inspection department concerning public warehouses which are transferred by this act, or who become a part of the department of agriculture, or the powers, duties and functions of which are transferred to the department of agriculture, and if, in the opinion of the secretary of agriculture, those positions are necessary to perform the powers, duties and functions of the department of agriculture concerning public warehouses, shall be transferred to, and shall become officers and employees of the department of agriculture. Any such officer or employee shall retain all retirement benefits and all rights of civil service which had accrued to or vested in such officer or employee prior to the effective date of this section. The service of each such officer and employee so transferred shall be deemed to have been continuous. All transfers of personnel positions in the classified service under the Kansas civil service act shall be in accordance with civil service laws and any rules and regulations adopted thereunder.

        History:   L. 1997, ch. 160, § 3; Aug. 1.

• 34-131: Same; abolishment of positions determined to be unnecessary. (a) Those positions in the grain inspection department which, in the opinion of the secretary of agriculture, are not necessary to perform the powers, duties and functions of the department of agriculture concerning public warehouses shall be abolished upon September 1, 1997. Thirty-day notice prior to September 1, 1997, shall be given by the secretary to employees in those positions determined to be unnecessary by the secretary. No bumping rights shall attach to the positions deemed unnecessary by the secretary of agriculture. No further action shall be required in order to abolish these positions.

        (b)   The provisions of this section shall take effect on and after August 1, 1997.

        History:   L. 1997, ch. 160, § 4; Aug. 1.

• 34-132: Same; conflicts as to power, function or duty to be resolved by governor. On and after September 1, 1997:

        (a)   When any conflict arises as to the disposition of any power, function or duty or the unexpended balance of any appropriation as a result of any abolition, transfer, attachment or change made by or under authority of this act, such conflict shall be resolved by the governor, whose decision shall be final.

        (b)   The Kansas department of agriculture shall succeed to all property and records concerning public warehouses which were used for or pertain to the performance of the powers, duties and functions transferred to the Kansas department of agriculture. Any conflict as to the proper disposition of property or records arising under this section, and resulting from the transfer or attachment of any state agency, or all or part of the powers, duties and functions thereof, shall be determined by the governor, whose decision shall be final.

        History:   L. 1997, ch. 160, § 5; L. 2004, ch. 101, § 164; July 1.

• 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.

• 34-134: Same; balance of funds and liabilities transferred. On and after September 1, 1997:

        (a)   The balance of all funds appropriated and reappropriated to the Kansas state grain inspection department concerning public warehouses is hereby transferred to the Kansas department of agriculture and shall be used only for the purpose for which the appropriation was originally made.

        (b)   The liability for all accrued compensation or salaries of officers and employees who, immediately prior to such date, were engaged in the performance of powers, duties or functions of the Kansas state grain inspection department concerning public warehouses, or who become a part of the Kansas department of agriculture, or the powers, duties and functions of which are transferred to the Kansas department of agriculture, shall be assumed and paid by the Kansas department of agriculture.

        History:   L. 1997, ch. 160, § 7; L. 2004, ch. 101, § 166; July 1.

• 34-135: Same; transfer of property; valuing and selling property; fee fund transferred. (a) On and after September 1, 1997, the department of agriculture shall succeed to whatever right, title or interest the Kansas state grain inspection department has acquired in any property in this state concerning grain inspection, including equipment and supplies from the protein laboratories 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 property program, shall place a fair market value on such property. Upon receipt of such fair market value, the secretary shall offer for sale, at the fair market value, all property acquired in such transfer in a single lot to the entity that has been designated by the grain inspection, packers and stockyards administration as the official agency pursuant to the United States grain standards act. If such designated agency declines to purchase such property, the secretary shall offer for sale such property to the general public. All revenue received pursuant to such sale shall be deposited in the state treasury and credited to the grain inspection fee fund.

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

        (c)   On and after September 1, 1997, all expenditures from the grain inspection fee fund shall be made in accordance with appropriation acts upon warrants of the director of accounts and reports issued pursuant to vouchers approved by the secretary of agriculture or the secretary's designee. On and after September 1, 1997, the secretary of agriculture shall pay all outstanding liabilities of the grain inspection fee fund as evidenced by encumbrances of moneys credited to the grain inspection fee fund. After such payment of all outstanding liabilities of the grain inspection fee fund, the secretary of agriculture shall transfer the amount of money equal to the amount of money credited to the grain inspection fee fund on December 1, 1993, from the grain inspection fee fund to the warehouse fee fund, created in K.S.A. 34-101, and amendments thereto. The remaining moneys credited to the grain inspection fee fund shall be maintained in such fund. Such moneys shall be expended only if necessary to reestablish or designate a state agency pursuant to statute to perform the duties 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 fund to the warehouse fee fund interest earnings based on:

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

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

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

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

• 34-136: Rules and regulations. On and after September 1, 1997, the secretary of agriculture may adopt rules and regulations necessary for the administration and enforcement of the provisions of chapter 160 of the 1997 Session Laws of Kansas, and amendments thereto.

        History:   L. 1997, ch. 167, § 1; Sept. 1.