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Code · Kansas · Chapter 75 — State Departments; Public Officers And Employees

75-7706.

805 words·~4 min read·/ks/chapter-75/75-7706

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75-7706. Transfer of rules and regulations, funds and appropriations, property and records, proceedings and officers and employees; rights and benefits of such officers and employees reserved.
(a)On or before July 1, 2026, except as otherwise provided by this act, all rules and regulations, orders and directives of state agencies related to the programs transferred by this act that are in effect on the effective date of this act shall continue to be effective and shall be deemed to be rules and regulations, orders and directives of the Kansas office of early childhood until revised, amended, revoked or nullified pursuant to law.
(1)On or before July 1, 2026, the balances of all funds and accounts appropriated or reappropriated that were used for or pertain to the powers, duties and functions of programs transferred to the Kansas office of early childhood pursuant to this act are hereby transferred within the state treasury to the Kansas office of early childhood and shall be used for the purpose for which the appropriation was originally made. The director of Kansas office of early childhood shall determine and certify to the director of accounts and reports the amount in each account of the state general fund or special revenue fund of state agencies that have been determined by the director of the Kansas office of early childhood to be transferred. Upon receipt of a certification pursuant to this paragraph, the director of accounts and reports shall transfer the amount certified pursuant to this paragraph from each account of the state general fund or special revenue fund of a state agency that has been determined by the director of the Kansas office of early childhood to be transferred.
(2)On or before July 1, 2026, the Kansas office of early childhood shall succeed to all property, property rights and records of state agencies that were used for or pertain to the powers, duties and functions of the programs transferred to the Kansas office of early childhood pursuant to this act.
(3)On or before July 1, 2026, any conflict as to the proper disposition of the unexpended balance of any appropriation, property, property rights, personnel or records as a result of the transfer of programs to the Kansas office of early childhood pursuant to this act arising under this subsection shall be determined by the governor.
(1)On or after July 1, 2026, no suit, action or other proceeding, judicial or administrative, lawfully commenced or that could have been commenced by or against any state agency or program mentioned in this act or by or against any officer of the state in such officer's official duties shall abate by reason 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.
(2)On or after July 1, 2026, no criminal action commenced or that could have been commenced by the state shall abate by the taking effect of this act.
(1)On or before July 1, 2026, all officers and employees of the state agencies related to the programs transferred in this act who, immediately prior to the effective date of this act, are engaged in the exercise and performance of the powers, duties and functions transferred by this act, as well as all officers and employees of the state agencies related to the programs transferred in this act who are determined by the director of the Kansas office of early childhood to be engaged in providing administrative, technical or other support services that are essential to the exercise and performance of the powers, duties and functions transferred by this act, are hereby transferred to the Kansas office of early childhood. All classified officers and employees so transferred shall retain their status as classified employees.
(2)On or before July 1, 2026, officers and employees transferred by this act shall retain all retirement benefits and leave balances and rights that had accrued or vested prior to the date of transfer. The service of each such officer or employee so transferred shall be deemed to have been continuous. Any subsequent transfers, layoffs or 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. Nothing in this act shall affect the classified status of any transferred person employed prior to the date of this transfer.
(3)On or before July 1, 2026, notwithstanding the effective date of this act, the provisions of this act prescribing the transfer of officers and employees to the Kansas office of early childhood established by this act, the date of transfer of each such officer or employee shall commence at the start of a payroll period.
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