Kansas Statutes

Chapter 75: State Departments; Public Officers And Employees

Article 39: Department Of Wildlife And Parks

Statutes:

• 75-3907: Transfer of officers and employees; rights and benefits preserved.
• 75-3908: Resolution of conflicts concerning disposition of property, powers, duties or functions and appropriations; department of wildlife and parks to succeed to property, property rights and records.
• 75-3909: Rights saved in legal actions and proceedings.
• 75-3910: Transfer of appropriations; liability for compensation or salaries of officers and employees of abolished agencies assumed by department.

• 75-3907: Transfer of officers and employees; rights and benefits preserved. Except as otherwise provided in this order, on the effective date of this order, officers and employees who, immediately prior to such date, were engaged in the performance of powers, duties or functions of any state agency or office which is abolished by this order, or which becomes a part of the department of wildlife and parks, or the powers, duties and functions of which are transferred to the secretary of wildlife and parks, and who, in the opinion of the secretary of wildlife and parks, are necessary to perform the powers, duties and functions of the Kansas department of wildlife and parks, shall be transferred to, and shall become officers and employees of the department. 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 order. The service of each such officer and employee so transferred shall be deemed to have been continuous.

        History:   L. 1987, ch. 417, § 7; July 1.

• 75-3908: Resolution of conflicts concerning disposition of property, powers, duties or functions and appropriations; department of wildlife and parks to succeed to property, property rights and records. (a) When any conflict arises as to the disposition of any property, power, duty or function or the unexpended balance of any appropriation as a result of any abolition, transfer, attachment or change made by or under authority of this order, such conflict shall be resolved by the governor, whose decision shall be final.

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

        History:   L. 1987, ch. 417, § 8; July 1.

• 75-3909: Rights saved in legal actions and proceedings. (a) 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 order, 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 order. 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.

        (b)   No criminal action commenced or which could have been commenced by the state shall abate by the taking effect of this order.

        History:   L. 1987, ch. 417, § 9; July 1.

• 75-3910: Transfer of appropriations; liability for compensation or salaries of officers and employees of abolished agencies assumed by department. (a) On the effective date of this order, the balance of all funds appropriated and reappropriated to any of the state agencies abolished by this order is hereby transferred to the Kansas department of wildlife and parks and shall be used only for the purpose for which the appropriation was originally made.

        (b)   On the effective date of this order, 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 any state agency or office abolished by this order, or which becomes a part of the Kansas department of wildlife and parks established by this order, or the powers, duties and functions of which are transferred to the secretary of wildlife and parks provided for by this order, shall be assumed and paid by the Kansas department of wildlife and parks established by this order.

        History:   L. 1987, ch. 417, § 10; July 1.