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Attorney General Opinion No 1983 175
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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. 1983-105 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. 1983-063 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. 1983-035 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1983-035 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 K.S.A. 1982 Supp. 79-3425, there is a daily transfer to the highway fund of 69.23% of certain revenues accruing to the state freeway fund. The legislature clearly intends that proceeds of the various motor fuel taxes credited to said fund be subject to such transfer, but it is difficult to discern from the pertinent statutory provisions whether the legislature intends that a similar transfer be made of moneys representing interest on the highway fund that are credited to the state freeway fund pursuant to K.S.A. 1982 Supp. 68-2313. However, because the state officers charged with the administration and implementation of the relevant statutory provisions have consistently construed such provisions as precluding the daily transfer of highway fund interest moneys from the freeway fund to the highway fund, such interpretation is not only entitled to great weight, but is controlling, in light of the legislature's continued acquiescence in such interpretation. Cited herein: K.S.A. 68-2301, K.S.A. 1982 Supp. 68-2304, K.S.A. 68-2306, K.S.A. 1982 Supp. 68-2313, 79-3401, 79-3425, K.S.A. 79-3474, K.S.A. 1982 Supp. 79-3487, K.S.A. 79-3490, K.S.A. 1982 Supp. 79-34,104, L. 1979, ch. 323, section 3.
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. 1983-186 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. 1986-175 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1986-175 written by Robert T. Stephan and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Immunity granted by a county attorney pursuant to a plea bargaining agreement is not necessarily binding on another county attorney. Evidence independent of that testified to by the defendant may be used by another county attorney in a prosecution of the defendant. Cited herein: K.S.A. 1985 Supp. 19-702; K.S.A. 22-3415.
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. 1983-078 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1983-078 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: As introduced by the House Committee on Assessment and Taxation, 1983 House Bill No. 2053 does not involve an unlawful delegation of legislative power and does not contain more than one subject. Cited herein: 1983 House Bill No. 2053, Kan. Const., Art. 2, section 1, Art. 2, section 16.
Book Synopsis Attorney General Opinion No. 1983-167 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1983-167 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: Kansas is a member state in the Interstate Compact on Mental Health by the terms of K.S.A. 65-3101, which incorporate the compact into Kansas statutes. Part of the compact concerns the escape of dangerous or potentially dangerous patients from institutions in any state party to the compact. Upon the capture and identification of such patients, they are to be detained until they can be returned to the state in which they were committed. In this specific circumstance, the provisions of K.S.A. 59-2901 et seq., relating to orders for protective custody and commitment, do not apply, and the patient may be held without such proceedings prior to return to the state from which he escaped. Cited herein: K.S.A. 1982 Supp. 59-2902, K.S.A. 59-2904, K.S.A. 1982 Supp. 59-2905, 59-2908, 59-2909, 59-2912, K.S.A. 59-2917, 65-3101.
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. 1983-170 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. 1983-069 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1983-069 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. 68-515b provides that a board of county commissioners shall, upon the filing of a petition containing the requisite number of signatures, adopt the county road unit system. Any qualified elector may sign the petition, regardless of the location of his or her residence within the county. While county road employees are not barred by statute from assisting in the circulation of such a petition, they may not use public time or equipment in so doing. Cited herein: K.S.A. 46-236, 68-506, 68-515b, 68-516, 68-516c, 68-526, 68-5,100, K.S.A. 1982 Supp. 79-1947, U.S. Const., First Amend.
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. 1983-032 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1983-032 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 Corporation Commission is not exempt from the Kansas Open Meetings Act during deliberations in rate-making cases since such rate-making functions are legislative in nature rather than quasi-judicial. Cited herein: K.S.A. 1982 Supp. 66-101, K.S.A. 66-107, 66-110, 66-113, 66-117, 66-118a, 75-4317, K.S.A. 1982 Supp. 75-4318.
Book Synopsis Attorney General Opinion No. 1988-075 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1988-075 written by Robert T. Stephan and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A local government cannot be held liable for a violation of civil rights by its agents under 42 U.S.C. section 1983 on the basis of a respondeat superior theory. Local governments are liable only when execution of a government policy or custom inflicts the injury. Cited herein: K.S.A. 1987 Supp. 8-116a; 42 U.S.C. section 1983.
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.
