Kansas Statutes

Chapter 75: State Departments; Public Officers And Employees

Article 63: Office Of Securities Commissioner

Statutes:

• 75-6301: Establishment and administration of office; staff.
• 75-6302: Predecessor office abolished; transfer of powers, duties and functions; preservation of rules and regulations, orders, directives.
• 75-6303: Transfer of certain officers and employees; civil service and retirement benefits preserved; civil service laws applicable to transfers and abolition of positions.
• 75-6304: Custody of records, memoranda, writings.
• 75-6305: Transfer of appropriations; compensation of officers and employees of abolished office, liability transferred.
• 75-6306: Transfer of property and records.
• 75-6307: Rights saved in legal actions and proceedings.
• 75-6308:

• 75-6301: Establishment and administration of office; staff. (a) There is hereby established the office of the securities commissioner of Kansas. The office shall be administered by the securities commissioner of Kansas who shall be in the unclassified service under the Kansas civil service act and shall serve at the pleasure of the governor. The securities commissioner shall be appointed by the governor, subject to confirmation by the senate as provided in K.S.A. 75-4315b and amendments thereto, shall have special training and qualifications for such position and shall receive such compensation as may be fixed by the governor.

        (b)   The securities commissioner may appoint directors within the office of the securities commissioner as determined necessary by the securities commissioner to effectively carry out the mission of the office. All directors appointed after the effective date of this act shall be in the unclassified service under the Kansas civil service act, shall have special training and qualifications for such positions, shall serve at the pleasure of the securities commissioner and shall receive compensation fixed by the securities commissioner and approved by the governor.

        (c)   Nothing in subsection (b) shall affect the classified status of any person employed in the office of the securities commissioner on the day immediately preceding the effective date of this act. The provisions of this subsection shall not be construed to limit the powers of the securities commissioner pursuant to K.S.A. 75-2948 and amendments thereto.

        History:   L. 1982, ch. 98, § 1; L. 1998, ch. 182, § 21; May 21.

• 75-6302: Predecessor office abolished; transfer of powers, duties and functions; preservation of rules and regulations, orders, directives. (a) On July 1, 1982, the office of the securities commissioner of Kansas provided for by K.S.A. 17-1270, prior to its amendment in 1982, and prior to its repeal by this act, shall be and is hereby abolished and all of the powers, duties and functions of such securities commissioner shall be and are hereby transferred to and conferred and imposed upon the securities commissioner of Kansas provided for by this act.

        (b)   Except as otherwise provided in this act, the securities commissioner provided for by this act shall be the successor in every way to the powers, duties and functions of the securities commissioner, in which the same were vested prior to the effective date of this act.

        (c)   Whenever the securities commissioner of Kansas, or words of like effect, is referred to or designated by a statute, contract or other document, such reference or designation shall be deemed to apply to the securities commissioner provided for by this act.

        (d)   All rules and regulations and all orders and directives of the securities commissioner of Kansas in existence immediately prior to the effective date of this act shall continue to be effective and shall be deemed to be the rules and regulations and orders or directives of the securities commissioner of Kansas provided for by this act, until revised, amended, repealed or nullified pursuant to law.

        History:   L. 1982, ch. 98, § 2; L. 2004, ch. 154, § 64; July 1, 2005.

• 75-6303: Transfer of certain officers and employees; civil service and retirement benefits preserved; civil service laws applicable to transfers and abolition of positions. Except as otherwise provided in this act, on July 1, 1982, officers and employees who, immediately prior to such date, were engaged in the performance of powers, duties or functions of the office of the securities commissioner of Kansas which is abolished by this act, and who, in the opinion of the securities commissioner provided for by this act, are necessary to perform the powers, duties and functions of the office of the securities commissioner of Kansas provided for by this act, shall be transferred to, and shall become officers and employees of the securities commissioner of Kansas as provided for by this act. 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 July 1, 1982. The service of each such officer and employee so transferred shall be deemed to have been continuous. All transfers and any abolition 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. 1982, ch. 98, § 3; July 1.

• 75-6304: Custody of records, memoranda, writings. Except as otherwise provided in this act, the securities commissioner provided for by this act 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 securities commissioner provided for by this act and the office of securities commissioner abolished by this act.

        History:   L. 1982, ch. 98, § 4; July 1.

• 75-6305: Transfer of appropriations; compensation of officers and employees of abolished office, liability transferred. (a) On July 1, 1982, the balance of all funds appropriated and reappropriated to the office of the securities commissioner of Kansas abolished by this act is hereby transferred to the office of the securities commissioner of Kansas provided for by this act and shall be used only for the purposes for which the appropriation was originally made.

        (b)   On July 1, 1982, 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 office of the securities commissioner of Kansas abolished by this act, or which becomes a part of the office of the securities commissioner of Kansas provided for by this act, shall be assumed and paid by the office of the securities commissioner of Kansas provided for by this act.

        History:   L. 1982, ch. 98, § 5; July 1.

• 75-6306: Transfer of property and records. All property and records which were used for, or pertain to, the performance of the powers, duties and functions transferred by this act, including the powers to administer, expend and distribute funds now or hereafter made available in accordance with appropriation acts, are hereby transferred to and conferred and imposed upon the office of the securities commissioner of Kansas provided for by this act.

        History:   L. 1982, ch. 98, § 6; July 1.

• 75-6307: 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 the office of the securities commissioner of Kansas abolished by this act, or by or against any officer or employee of the state in the official capacity of such officer or employee, or in relation to the discharge of any official duties of such officer or employee, shall abate by reason of the taking effect of this act. The court may allow any such suit, action or other proceeding to be maintained by or against the successor of the office of the securities commissioner of Kansas abolished by this act, or any officer or employee 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. 1982, ch. 98, § 7; July 1.

• 75-6308:

        History:   L. 1994, ch. 42, § 1; Repealed, L. 1997, ch. 62, § 14; July 1.