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Attorney General Opinion No 1983 106
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Book Synopsis Attorney General Opinion No. 1983-106 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1983-106 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to the provisions of K.S.A. 2-1319 and 2-1322, a board of county commissioners must prescribe a single "price" to be charged to all landowners who desire to purchase chemicals acquired by the county for the control of noxious weeds. The price fixed by the board under the aforesaid statutes must be applied in all circumstances, and the board may not require certain landowners to obtain their own chemicals, or require said landowners to pay a price other than that which is charged to all other landowners under the aforesaid statutes. Cited herein: K.S.A. 2-1319, 2-1322, 19-101a (as amended by Section 1 of 1983 Senate Bill No. 302).
Book Synopsis Attorney General Opinion No. 1984-106 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1984-106 written by Robert T. Stephan and published by . This book was released on 1984 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: As amended by chapter 282, section 5, the provisions of chapter 187, section 11 of the 1984 Session Laws prohibit the selling, giving or receiving of lists of names and addresses derived from public records, for the purpose of selling or offering for sale any property or service to the persons listed therein, subject to three exceptions. Section 6 of chapter 187, as amended by section 3 of chapter 282 of the 1984 Session Laws, further requires that any person who obtains a list of names and addresses certify that: (1) he or she will not use the information for the purpose of selling or offering for sale any property or services, and (2) will not give, sell or otherwise make available the list to another person so that the latter may sell or offer for sale any property or service. Accordingly, a person may not make commercial use of information derived from such lists, either directly or through the sale of the lists themselves. Cited herein: K.S.A. 1983 Supp. 21-3913; 45-201 (both repealed, L. 1984, ch. 187); 74-2012, as amended by L. 1984, ch. 282, section l; L. 1983, ch. 171, section 11, L. 1984, ch. 187, sections 6, 11; L. 1984, ch. 282, sections 3, 5.
Book Synopsis Attorney General Opinion No. 1983-006 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1983-006 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Kansas Open Meetings Act is uniformly applicable to all cities and may not be circumvented by a charter ordinance. However, the quorum requirements of K.S.A. 13-1810 are provisions of an enactment of the legislature which is not uniformly applicable and may be changed by charter ordinance. Such charter ordinance will be subject to the "protest" style election authorized by Article 12, Section 5(c)(3) of the Kansas Constitution. "Majority," as the term is used in K.S.A. 13-1810, means the number one greater than half the number of members of the governing body and may not be changed by ordinary city ordinance. Cited herein: K.S.A. 12-1001, 12-1017, 12-1020, K.S.A. 1981 Supp. 12-10a01, 12-10a02, K.S.A. 13-1410, 13-1810, 14-111, 14-1308, 15-106, 15-1409, 75-4317, 75-4317a, K.S.A. 1981 Supp. 75-4318, K.S.A. 77-201 S̲e̲c̲o̲n̲d̲, Kan. Const. Art. 12, section 5.
Book Synopsis Attorney General Opinion No. 1983-116 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1983-116 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Section 4(d) of 1983 House Bill No. 2327 (L. 1983, ch. 171), the new Kansas Open Records Act, provides that each request for access shall be acted upon as soon as possible, but not later than three business days following receipt of the request. Only if the request cannot be met within this time must the custodian of the records provide an explanation of the cause for further delay. In addition, the phrases "provide access to" and "permit inspection of" are used interchangeably throughout the bill, and may accordingly be treated as synonymous for purposes of interpretation. Both phrases concern the right of the public to examine public records, and so are different than the right to make copies. Cited herein: L. 1983, Ch. 171.
Book Synopsis Attorney General Opinion No. 1983-178 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1983-178 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal pretrial proceedings must be conducted in the county of venue unless the governing statute specifically permits the proceeding to be conducted in another county. A pretrial proceeding conducted in a county other than the county of venue, without specific statutory authorization therefor, unless waived, is void for lack of jurisdiction. Cited herein: K.S.A. 22-2901, K.S.A. 22-2902, Kan. Const., Bill of Rights section 10.
Book Synopsis Attorney General Opinion No. 1983-048 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1983-048 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: An applicant for appointment by the secretary of state as a notary public must include in the application an oath of office, and the failure to take the oath of office may constitute grounds for revocation of a notary's appointment pursuant to K.S.A. 1982 Supp. 53-118. However, whether an oath has been legally administered is a question of fact. Prior to revoking the appointment of a notary public, the secretary of state must give reasonable notice thereof and provide an opportunity for the notary to respond to the charges being relied upon as grounds for revocation at a hearing held for such purpose. Further, revocation of a notary's appointment pursuant to K.S.A. 1982 Supp. 53-118 operates prospectively, and the secretary of state has no authority to revoke a notary's appointment a̲b̲ i̲n̲i̲t̲i̲o̲. Even though there may have been a defect in a person's appointment as a notary public, or such person failed to conform to some condition precedent to assuming the office of notary public, such person is nonetheless a d̲e̲ f̲a̲c̲t̲o̲ officer where such person was issued a certificate of appointment as a notary, such person held himself or herself out to the public as being a duly appointed notary and, in availing themselves of the notary's services, the public, without inquiry, clearly has presumed such person to be a validly appointed officer. As a consequence, the acts of such person as a d̲e̲ f̲a̲c̲t̲o̲ officer are as valid and effectual, where they concern the public or the rights of third parties, as though such person was an officer d̲e̲ j̲u̲r̲e̲, and such acts are not subject to collateral attack. Cited herein: K.S.A. 1982 Supp. 53-101, 53-102, 53-104, 53-105, 53-105a, 53-116, 53-117, 53-118, K.S.A. 54-102, 54-104, 54-106.
Book Synopsis Attorney General Opinion No. 1983-186 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1983-186 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: For purposes of civil proceedings under the Code for Care of Children, the legislature defined types of behavior which would constitute sexual abuse by reference to sex offenses in the criminal code, however, it did not thereby intend to adopt a criminal definition of sexual abuse. Thus, while certain acts described as sex offenses in the criminal statutes may not be punishable crimes if committed with a child age 16 years or older; those same acts may constitute abuse of that child under the definition of that term in the Code for Care of Children. Cited herein: K.S.A. 21-3501, 21-3503, 21-3504 as amended by L. 1983, ch. 109; 21-3509, 21-3510, 21-3511, 21-3516, K.S.A. 1982 Supp. 38-1502 as amended by L. 1983, ch. 140, 42 U.S.C. sections 5102, 5104, 45 C.F.R. section 1340.2, 1340.14, 48 Fed. Reg. 3698 (January 26, 1983).
Book Synopsis Attorney General Opinion No. 1983-016 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1983-016 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The filing deadline for all city elections (in the absence of a charter ordinance providing otherwise) is 12:00 o'clock noon of the Tuesday preceding by 10 weeks the first Tuesday in April. Said deadline is mandatory, and the only recourse for a candidate, who was prevented from filing for a city office because of the failure of the city clerk to keep his or her office open until 12:00 o'clock noon on the prescribed date, is to seek relief from a court of law. Cited herein: K.S.A. 25-2109, as amended by L. 1982, ch. 157, section 6.
Book Synopsis Attorney General Opinion No. 1983-063 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1983-063 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: County attorneys must maintain an office at the seat of justice, unless otherwise provided by law or the board of county commissioners. Cited herein: K.S.A. 19-2601.
Book Synopsis Attorney General Opinion No. 1983-175 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1983-175 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 1982 Supp. 79-201k, which exempts aircraft used actually, regularly and exclusively in business or industry from property or ad valorem taxes, is not unconstitutional as a matter of law on the ground that the law lacks a rational basis. Cited herein: K.S.A. 1982 Supp. 79-201k, Kan. Const., Bill of Rights section 1, U.S. Const., Amend. XIV.
Book Synopsis Attorney General Opinion No. 1983-021 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1983-021 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Kansas Water Office, as the successor to the authority of the Kansas Water Resources Board, may enter into agreements with the federal government by which water may be held in storage by the state in projects constructed by agencies of the federal government. As provided by K.S.A. 1982 Supp. 82a-934, such agreements are binding upon the state to the extent that future appropriations are made in support thereof. While no applicable sections of the Kansas Constitution limit the period of time an appropriation may extend, K.S.A. 46-155 imposes a limit of at most four years for capitol improvement appropriations. As no exception has been made for water storage agreements, the Kansas Water Office is without authority to make agreements which do not contain the limiting language provided by K.S.A. 1982 Supp. 82a-934. However, as this statute does authorize the Water Office to reimburse the federal government for damages resulting from the use of, or a release from, water storage, it may agree to language which states this in a contract. Cited herein: K.S.A. 40-3405, 46-155, K.S.A. 1982 Supp. 75-4704b, 82a-934, Kan. Const., Art. 2, section 24, Art. 11, sections 6,7,9, 42 U.S.C.A. section 1962d-5b.
Book Synopsis Attorney General Opinion No. 1983-091 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1983-091 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States Congress has the constitutional power to establish and control legal currency and specifically has determined that Federal reserve notes are legal tender for all debts, public charges, taxes and dues. Cited herein: 31 U.S.C. 371 (repealed), 31 U.S.C. sections 5101, 5103, U.S. Const. Art. 1, sections 8, 10.
Book Synopsis Attorney General Opinion No. 1983-025 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1983-025 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 82a-1316 provides that any contract for the withdrawal of water held in conservation storage by the state may be amended by written agreement of the parties, provided that such amendment does not affect the rate per unit of water or the minimum charge payable each year. Provisions specifying the point of withdrawal of water, however, may be amended so as to change the reservoir named in the contract. Such an amendment must, in order to have effect, be transmitted to and approved by the legislature in the same manner as water purchase contracts. Cited herein: K.S.A. 19-3435, 82a-1301, K.S.A. 1982 Supp. 82a-1307, K.S.A. 82a-1316, L. 1976, ch. 441, section 4, L. 1982, ch. 438, section 1.
Book Synopsis Attorney General Opinion No. 1983-170 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1983-170 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: An attorney, appointed to represent an indigent defendant under the Kansas Indigent Defense Services Act, may accept compensation for such services from private sources as long as the attorney complies with the Act's requirements regarding such compensation. The Act requires the appointed attorney to report to the court the availability of private funds sufficient to fully pay for representation of a defendant and to seek permission to either withdraw from the case or to accept compensation. K.S.A. 1982 Supp. 22-4507 requires an attorney to report any partial compensation received to the Board of Indigents Defense Services when he or she submits a claim for compensation under the Act. K.S.A. 1982 Supp. 22-4510 does not prohibit the acceptence of such compensation as long as the attorney acts as authorized or directed under the Act. Cited herein: K.S.A. 1982 Supp. 22-4501, 22-4503, 22-4507, 22-4510, L. 1976, ch. 169; 18 U.S.C. section 3006A.
Book Synopsis Attorney General Opinion No. 1983-105 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1983-105 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: If one or more cooperative agreements are entered into by those parties specified in 29 U.S.C.A. section 1533(a)(1), then sums available for those purposes specified in section 1533 are to be provided by the Governor to the state education agency responsible for education and training. In Kansas, this agency is the State Board of Education. Thus, if one or more cooperative agreements are made, the federal moneys provided the state under 29 U.S.C.A. section 1533 must be made available to the State Board of Education. Those moneys may not be made available directly to service delivery areas. The State Board, of course, must use the moneys received for the purposes, and subject to the requirements, prescribed in section 1533. Cited herein: 20 U.S.C.A. section 2461; 29 U.S.C.A. sections 1503, 1531, 1533.
Book Synopsis Attorney General Opinion No. 1983-013 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1983-013 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to the State Water Plan Storage Act, K.S.A. 82a-1301 e̲t̲ s̲e̲q̲., the Kansas Water Resources Board and its successor, the Kansas Water Office, are empowered to enter into contracts for the withdrawal and use of waters held in storage by the state. Waters so withdrawn and used by a purchaser are subject to a charge fixed by the respective state agency not less than 5 cents nor more than 10 cents per one thousand gallons of water. Such contracts, which may have a term of up to 40 years, must contain a provision by which such charges are reviewed at least every ten years, although the parties to the contract can agree to a more frequent review. Although the Water Office may establish on an annual basis the rate used for all contracts entered into during that year (K.S.A. 82a-1308), such rate may not be altered thereafter, except as provided by the contract. Accordingly, the provisions of 1983 Senate Bill No. 61 which provide for annual adjustments of the water charge may not be applied to contracts entered into and approved by the legislature prior to the effective date of the bill. Cited herein: K.S.A. 1982 Supp. 74-2615, K.S.A. 82a-1305, 82a-1306, 82a-1308, 82a-1316, 1983 Senate Bill No. 61.
Book Synopsis Attorney General Opinion No. 1983-124 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1983-124 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Utility services such as electricity, gas and water, provided solely by municipally owned or public utilities to their customers, are constitutionally protected property rights which cannot be terminated unless due process procedures of notice and the opportunity to be heard have been met. Cited herein: Fourteenth Amendment, U.S. Constitution.
