75-5111. Same; transfer of existing powers, duties and functions; preservation of rules and regulations, orders and directives.

555 words·~3 min read·/ks/chapter-75/75-5111

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)All of the powers, duties and functions of the existing motor vehicle department of the state highway commission and the existing superintendent of the motor vehicle department are hereby transferred to and conferred and imposed, respectively, upon the division of vehicles and the director of vehicles created by this act, except as is herein otherwise provided.

(b)The division of vehicles and the director of vehicles created by this act shall be the successors in every way, respectively, to the powers, duties and functions of the motor vehicle department of the state highway commission and the superintendent of the motor vehicle department in which the same were vested prior to the effective date of this act, except as herein otherwise provided. Every act performed in the exercise of such powers, duties and functions by or under the authority of the division of vehicles or director of vehicles created by this act, respectively, shall be deemed to have the same force and effect as if performed by the motor vehicle department of the state highway commission or the superintendent of the motor vehicle department, respectively, in which such functions were vested prior to the effective date of this act.

(c)Whenever the motor vehicle department of the state highway commission, 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 division of vehicles created by this act.

(d)Whenever the superintendent of the motor vehicle department, or words of like effect, is referred to or designated by law, contract or other document, such reference shall be deemed to apply to the director of vehicles created by this act. Whenever the state highway commission, or words of like effect, is referred to or designated by law, and the reference or designation pertains to the functions of the motor vehicle department in existence on the effective date of this act, such reference or designation shall be deemed to apply to the director of vehicles created by this act.

(e)All rules and regulations of the state highway commission pertaining to functions of the motor vehicle department in existence on the effective date of this act, and all rules and regulations of the motor vehicle department or the superintendent of the motor vehicle department in existence on the effective date of this act, shall continue to be effective and shall be deemed to be duly adopted rules and regulations of the secretary of revenue created by this act, until revised, amended, revoked or nullified pursuant to law.

(f)All orders and directives of the state highway commission pertaining to functions of the motor vehicle department and all orders and directives of the superintendent of the motor vehicle department in existence on the effective date of this act, shall continue to be effective and shall be deemed to be orders and directives of the director of vehicles created by this act until revised, amended or nullified pursuant to law.

(g)The division of vehicles and director of vehicles created by this act, respectively, shall be continuations of the motor vehicle department of the state highway commission and the superintendent of the motor vehicle department.