Session Law

Identifying Information:L. 2003 ch. 171
Other Identifying Information:Executive Reorganization Order No. 30
Tax Type:Other
Brief Description:Executive Reorganization Order
Keywords:


Body:






CHAPTER 171

EXECUTIVE REORGANIZATION ORDER No. 30


Section 1. There is hereby established within the Kansas develop-

ment finance authority, a division of housing to be organized and admin-

istered by the Kansas development finance authority. The head of the

division shall be the director of housing, who shall be appointed by and

serve at the pleasure of the president of the Kansas development finance

authority. The director of housing shall administer the division of housing.

Sec. 2. (a) The division of housing within the department of com-

merce and housing and the undersecretary for housing within the de-

partment of commerce and housing created by K.S.A. 74-5002g, and

amendments thereto, are hereby abolished. On the effective date of this

order, the department of commerce and housing is hereby renamed the

department of commerce, and the secretary of commerce and housing is

hereby renamed the secretary of commerce.

(b) Except as otherwise provided by this order, all of the powers,

duties and functions of the existing division of housing within the de-

partment of commerce and housing, and the existing undersecretary of

housing within the department of commerce and housing, are hereby

transferred to and imposed upon the division of housing within the Kansas

development finance authority and the director of housing established by

this order.

(c) Except as otherwise provided by this order, all of the powers,

duties and functions of the department of commerce and housing and

the secretary of commerce and housing that relate to housing and hous-

ing-related purposes are hereby transferred to and imposed upon the

Kansas development finance authority and the president of the Kansas

development finance authority.

Sec. 3. (a) The division of housing within the Kansas development

finance authority established by this order shall be the successor in every

way to the powers, duties, and functions of the division of housing within

the department of commerce and housing in which the same were vested

prior to the effective date of this order and that are transferred pursuant

to section 2. Every act performed in the exercise of such powers, duties

and functions by or under the authority of the Kansas development fi-

nance authority or the director of housing within the Kansas development

finance authority established by this order shall be deemed to have the

same force and effect as if performed by the department of commerce

and housing or the undersecretary of housing within the department of

commerce and housing in which such powers, duties and functions were

vested prior to the effective date of this order. Contracts related to hous-

ing functions shall be transferred to the extent they may be legally trans-

ferred or assigned.

(b) Whenever the division of housing of the department of commerce

and housing, or words of like effect, are referred to or designated by a

statute, contract or other document, such reference or designation shall

be deemed to apply to the division of housing established by this order.

(c) Whenever the undersecretary for housing within the department

of commerce and housing, or words of like effect, are referred to or

designated by a statute, contract or other document, such reference or

designation shall be deemed to apply to the director of housing estab-

lished by this order.

(d) Whenever the department of commerce and housing or the sec-

retary of commerce and housing, or words of like effect, are referred to

or designated by a statute, contract or other document and such reference

is in regard to any of the powers, duties, or functions transferred to the

Kansas development finance authority pursuant to this order, such ref-

erence or designation shall be deemed to apply to the Kansas develop-

ment finance authority and the president of the Kansas development fi-

nance authority.

(e) All rules and regulations, orders and directives of the secretary of

the department of commerce and housing or the undersecretary for hous-

ing which relate to the functions transferred by this order and which are

in effect on the effective date of this order shall continue to be effective

and shall be deemed to be rules and regulations, orders and directives of

the Kansas development finance authority and the director of housing

until revised, amended, revoked, or nullified pursuant to law.

Sec. 4. (a) On the effective date of this order, the balances of all funds

or accounts thereof appropriated or reappropriated for the department

of commerce and housing relating to the powers and duties and functions

transferred by this order are hereby transferred within the state treasury

to the division of housing within the Kansas development finance au-

thority and shall be used only for the purpose for which the appropriation

was originally made.

(b) On the effective date of this order, liability for all accrued com-

pensation or salaries of officers and employees who are transferred to the

Kansas development finance authority under this order shall be assumed

and paid by the division of housing within the Kansas development fi-

nance authority.

(c) The Kansas development finance authority shall keep separate

records and accounts for the division of finance and the division of hous-

ing within the Kansas development finance authority. All expenses of the

division of finance incurred in the performance of its duties and con-

ducting its finance programs shall be payable from funds generated by or

designated for the division of finance, and all expenses of the division of

housing incurred in the performance of its duties and conducting its hous-

ing programs shall be payable from funds generated by or designated for

the division of housing, including state appropriations. This system of

separate records and accounts shall be in effect for such period as the

Kansas development finance authority deems necessary and appropriate,

and may also be subject to modification as the Kansas development fi-

nance authority deems necessary and appropriate.

Sec. 5. (a) When any conflict arises as to the disposition of any prop-

erty, power, duty or function or the unexpended balance of any appro-

priation as a result of any abolition or transfer made by or under the

authority of this order, such conflict shall be resolved by the governor,

whose decision shall be final.

(b) The Kansas development finance authority shall succeed to all

property, property rights and records which were used for or pertain to

the performance of powers, duties and functions transferred to the Kansas

development finance authority. Any conflict as to the proper disposition

of property, personnel or records arising under this order shall be deter-

mined by the governor, whose decision shall be final.

Sec. 6. (a) No suit, action or other proceeding, judicial or adminis-

trative, lawfully commenced, or which could have been commenced, by

or against any state agency or program 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 pro-

ceeding to be maintained by or against the successor of any such state

agency or any officer affected. The state shall remain the party in interest

in any such action.

(b) No criminal action commenced or which could have been com-

menced by the state shall abate by the taking effect of this order, and the

state shall remain the party in interest in any such action.

Sec. 7. (a) Except with respect to the powers, duties, and functions

that are transferred by this order to the Kansas development finance

authority or to the division of housing within the Kansas development

finance authority, the department of commerce established by this order

shall be the successor in every way to the powers, duties, and functions

of the department of commerce and housing in which the same were

vested prior to the effective date of this order. Every act performed in

the exercise of such powers, duties and functions by or under the au-

thority of the Kansas department of commerce or the secretary of com-

merce established by this order shall be deemed to have the same force

and effect as if performed by the department of commerce and housing

or the secretary of commerce and housing in which such powers, duties

and functions were vested prior to the effective date of this order.

(b) Whenever the department of commerce and housing, or words

of like effect, are referred to or designated by a statute, contract or other

document, and such reference or designation is in regard to any function,

power, or duty other than those powers, duties, and functions that are

transferred to the Kansas development finance authority under this order,

such reference or designation shall be deemed to apply to the department

of commerce established by this order.

(c) Whenever the secretary of commerce and housing, or words of

like effect, are referred to or designated by a statute, contract or other

document, and such reference or designation is in regard to any function,

power, or duty other than those powers, duties, and functions that are

transferred to the Kansas development finance authority under this order,

such reference or designation shall be deemed to apply to the secretary

of commerce established by this order.

(d) All rules and regulations, orders and directives of the secretary of

the department of commerce and housing that relate to functions other

than those functions transferred by this order and that are in effect on

the effective date of this order shall continue to be effective and shall be

deemed to be rules and regulations, orders and directives of the secretary

of commerce until revised, amended, revoked, or nullified pursuant to

law.

Sec. 8. (a) All officers and employees of the division of housing within

the department of commerce and housing who, immediately prior to the

effective date of this order, are engaged in the exercise and performance

of the powers, duties and functions transferred by this order are hereby

transferred to and become employees of the Kansas development finance

authority. All classified employees so transferred shall retain their status

as classified employees. Thereafter, the Kansas development finance au-

thority may convert vacant classified positions to positions that are not

classified.

(b) Officers and employees of the division of housing of the depart-

ment of commerce and housing transferred by this order shall retain all

retirement benefits and leave balances and rights which had accrued or

vested prior to the date of transfer. The service of each such officer and

employee so transferred shall be deemed to have been continuous. Any

subsequent transfers, layoffs and abolition of classified service positions

under the Kansas civil service act shall be made in accordance with the

civil service laws and any rules and regulations adopted thereunder. Noth-

ing in this order shall affect the classified status of any transferred person

employed prior to the date of transfer by the division of housing within

the department of commerce and housing.

Sec. 9. All of the provisions of this order shall take effect and have

the force of general law on July 1, 2003, unless disapproved by either

house of the Kansas legislature as provided by subsection (c) of section 6

of article 1 of the constitution of Kansas, and unless so disapproved, this

order is to be published as and with the acts of the legislature and the

statutes of this state.

Approved February 10, 2002.


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Date Composed: 10/29/2003 Date Modified: 10/29/2003