Attorney General Opinion No 1984 117

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Attorney General Opinion No. 1984-117

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (858 download)

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Book Synopsis Attorney General Opinion No. 1984-117 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1984-117 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: Under the provisions of K.S.A. 10-1116b, a municipality may enter into an installment-purchase agreement which provides for payments extending beyond its current budget year, provided that the agreement specifically states that the municipality is obligated only to pay periodic payments or monthly installments as have been provided for in the budget of the municipality for the current budget year, or which can be paid from funds derived from a lawfully operated revenue producing source. Since the obligation of the municipality under such an agreement is limited by the specific statement required by K.S.A. 10-1116b, the agreement does not violate either the budget law or the cash-basis law. Cited herein: K.S.A. 10-1116b, 79-2935.

Attorney General Opinion No. 1984-007

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (857 download)

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Book Synopsis Attorney General Opinion No. 1984-007 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1984-007 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: K.S.A. 1983 Supp. 24-139 provides for the dissolution of a drainage district upon the completion of certain specified steps, including the filing of a petition and notice and hearing. In the event that a petition opposing the dissolution is filed, the question shall be presented to the district's electors at the next election held in the district. In that no provisions are made for a special election, this would be at the next election held for the purpose of electing directors or approving the issuance of bonds. Upon dissolution, that portion of district funds which are attributable to territory of the district within a city shall be transferred to that city. Depending on when such dissolution occurs, some funds due the district may not yet have been collected by the county treasurer, and so may have to be paid to the city at a later date. Once a district is dissolved, its power to levy a tax under K.S.A. 1983 Supp. 24-407 ends, and may not be transferred to the city in which part or all of its territory lies. Cited herein: K.S.A. 12-2001, 19-2601b, 19-2801, K.S.A. 24-139, 24-407, K.S.A. 24-412, 24-425, L. 1983, Ch. 117.

Attorney General Opinion No. 1985-087

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (853 download)

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Book Synopsis Attorney General Opinion No. 1985-087 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1985-087 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: No portion of the proceeds of general obligation bonds issued under the provisions of K.S.A. 1984 Supp. 19-4603 and 19-4606 may be used as operating capital for a county hospital. Cited herein: K.S.A. 10-117, K.S.A. 1984 Supp. 19-4603, 19-4606.

Attorney General Opinion No. 1984-072

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
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Book Synopsis Attorney General Opinion No. 1984-072 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1984-072 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: When a vacancy occurs in the office of a county attorney and it is impossible to fill the vacancy by appointment of a person elected by the party central committee as provided by K.S.A. 19-715(a) and 25-3902, the person appointed as temporary county attorney pursuant to K.S.A. 19-715(b), shall hold the position until such time as the vacancy may be filled in accordance with statutory procedures or until the next general election in which a county attorney may be elected. Cited herein: K.S.A. 19-715; 25-3901; 25-3902; 75-117.

Attorney General Opinion No. 1984-106

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
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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.

Attorney General Opinion No. 1984-008

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (857 download)

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Book Synopsis Attorney General Opinion No. 1984-008 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1984-008 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: The provisions of subsections (c) and (d) of K.S.A. 1983 Supp. 77-426, which allow the legislature to reject, modify or revoke an administrative rule and regulation by means of the adoption of a concurrent resolution, are unconstitutional. Such action by the legislature is an unlawful usurpation of the governor's constitutional power to administer and enforce the laws. Such action violates the constitutional doctrine of separation of powers. In addition, the legislative oversight mechanism prescribed in subsections (c) and (d) of K.S.A. 1983 Supp. 77-426 is unconstitutional for the reason that it attempts to authorize the legislature to make law, without following the mandatory procedures of the Kansas Constitution. The Kansas constitution requires that any law be enacted only by bill [not by resolution or concurrent resolution]; that every bill contain the constitutionally-specified enacting clause; and that all bills passed by the legislature be presented to the governor for approval or disapproval. The procedure set forth in subsections (c) and (d) of K.S.A. 1983 Supp. 77-426 does not meet these constitutional requirements and is unconstitutional. Cited herein: K.S.A. 1983 Supp. 77-426; Kan. Const., Art. 2, sections 14, 20.

Attorney General Opinion No. 1984-024

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (857 download)

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Book Synopsis Attorney General Opinion No. 1984-024 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1984-024 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: Section 2 of 1984 House Bill No. 2927 (as amended by House Committee of the Whole) would empower the State Corporation Commission to exclude from the rate base of a public utility all or a portion of costs of acquisition, construction or operating which were incurred (in whole or in part) due to a lack of efficiency or prudence, or costs incurred in the acquisition or construction of excess capacity. Such legislation, if enacted, could be enforced by the State Corporation Commission and the courts of this state. Cited herein: K.S.A. 66-128, 1984 House Bill No. 2927.

Attorney General Opinion No. 1984-096

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (857 download)

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Book Synopsis Attorney General Opinion No. 1984-096 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1984-096 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 Laws 1984, Chapter 154, Section 1(g), K.S.A. 1983 Supp. 38-1523(g) establishes a policy that law enforcement officers investigating reports of abuse or neglect on school premises do so in street clothes. However, the statute imposes no absolute requirement and allows safety and practical considerations to be taken into account. Accordingly, a small police force could determine that its officers should not take the additional time needed to change from their uniforms into street clothes, and then back again, in making such investigations. Cited herein: K.S.A. 1983 Supp. 38-1523, as amended by L. 1984, ch. 154, section 1(g).

Attorney General Opinion No. 1984-047

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (857 download)

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Book Synopsis Attorney General Opinion No. 1984-047 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1984-047 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: Pursuant to the restrictions of K.S.A. 17-5904, and subject to exemptions prescribed therein, corporations (other than family farm corporations and authorized farm corporations) may not own agricultural land in this state. An investment plan whereby a corporation (other than a family farm corporation or authorized farm corporation) would own agricultural land, subject to a "buyback option," would violate the restrictions of the aforesaid statute. Cited herein: K.S.A. 1983 Supp. 17-5903, K.S.A. 17-5904.

Attorney General Opinion No. 1984-122

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (858 download)

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Book Synopsis Attorney General Opinion No. 1984-122 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1984-122 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: The common law doctrine of incompatibility of offices precludes one person from simultaneously holding the offices of city council member and clerk of the municipal court in a city of the third class having a mayor-council form of government. Cited herein: K.S.A. 12-4108.

Attorney General Opinion No. 1984-130

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (858 download)

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Book Synopsis Attorney General Opinion No. 1984-130 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1984-130 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: Section 5 of chapter 282 of the 1984 Session Laws of Kansas prohibits a person from receiving any list 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. However, lists of names derived from public records may be used for purposes other than that prohibited by the statute. Thus, a person may use names derived from public records for the purpose of publishing a plat book in which the legal descriptions of property, and the owners' names are given, without violating section 5 of chapter 282. Cited herein: L. 1984, ch. 282, section 5.

Attorney General Opinion No. 1984-032

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (857 download)

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Book Synopsis Attorney General Opinion No. 1984-032 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1984-032 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: K.S.A. 19-702 provides that it is the duty of the county attorney to prosecute all cases arising out of the criminal statutes of this state which arise in his or her county. If such a violation occurs, it is immaterial whether it takes place within or without the limits of any city located in the county, or whether the officer issuing the citation or making the arrest is an employee of the city or county. In any violation of a state criminal statute, it is the function of the county attorney to prosecute, and such prosecution may not be declined, or additional conditions attached (i̲.̲e̲.̲ payment of costs) on the grounds that the violation took place within the city. Cited herein: K.S.A. 1983 Supp. 8-1567, K.S.A. 12-4111, 12-4113, 19-702, 19-706b.

Attorney General Opinion No. 1984-023

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (857 download)

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Book Synopsis Attorney General Opinion No. 1984-023 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1984-023 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: K.S.A. 1983 Supp. 8-1567 (c), (d) and (e) provide that a person convicted of a violation of the statute is not eligible for probation or suspension or reduction of sentence until the minimum time of imprisonment has been served. While the term "parole" is not specifically used, the statute must be construed to include parole within those actions which are not allowed before the minimum sentence is served. Cited herein: K.S.A. 1983 Supp. 8-1567, K.S.A. 12-4511.

Attorney General Opinion No. 1984-074

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (857 download)

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Book Synopsis Attorney General Opinion No. 1984-074 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1984-074 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: Section 3 of chapter 358 of the session laws of 1984 makes it unlawful for any person to sell or distribute smokeless tobacco to any person under the age of 18 years. Smokeless tobacco includes any tobacco product which is suitable for chewing, as defined by K.S.A. 79-3370. Unlike the cereal malt beverage laws at K.S.A. 41-2701 e̲t̲ s̲e̲q̲., the new act contains no prohibition on either the possession of smokeless tobacco by persons under the age of 18 or the dispensing by minors of such products. Accordingly, it is not a violation of the law for a retailer who sells such products to employ minors who assist in the handling or sale of smokeless tobacco. Cited herein: K.S.A. 41-2708, K.S.A. 1983 Supp. 41-2721, K.S.A. 79-3370, L. 1984, ch. 358.

Attorney General Opinion No. 1984-020

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (857 download)

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Book Synopsis Attorney General Opinion No. 1984-020 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1984-020 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: Pursuant to the provisions of K.S.A. 68-423b e̲t̲ s̲e̲q̲., the secretary of transportation is authorized to acquire property for use as roadside parks and rest areas, and to establish, construct and maintain such parks and rest areas. The secretary of transportation has general supervision over the maintenance of all roads, and has authority to dispose of any real estate, or interest therein, when the same is no longer needed for state highway purposes. Pursuant to these powers, the secretary may close roadside parks and rest areas, and dispose of real property, or interests therein, used for such purposes. The power to close a roadside park or rest area which was established through cooperation with the federal government, or local units of government, is subject to any contractual conditions governing the closing of such parks or rest areas. Cited herein: K.S.A. 1983 Supp. 68-404, 68-413, K.S.A. 68-423b, 68-423f.

Attorney General Opinion No. 1984-126

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (858 download)

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Book Synopsis Attorney General Opinion No. 1984-126 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1984-126 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: The names of juveniles aged 16 or 17 years of age who have committed a public offense may be entered into the NCIC system. Cited herein: K.S.A. 1983 Supp. 38-1607, 38-1608.

Attorney General Opinion No. 1984-054

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (857 download)

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Book Synopsis Attorney General Opinion No. 1984-054 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1984-054 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: The Kansas Corporation Commission's limited right under K.S.A. 66-133 to evaluate a proposed franchise ordinance in light of the public welfare and interest does not include authority to "advise and recommend" against the adoption of such an ordinance based upon an adverse impact the ordinance might have upon a public utility already holding a certificate of convenience and necessity to transact business within the city. Further, as there are no statutory factors which a city governing body must take into account in exercising legislative discretion to approve or disapprove a franchise ordinance, such a governing body is not required to investigate the effect granting a gas franchise (to an applicant seeking to become a one-city public utility) would have upon the rates of a certificated natural gas public utility now operating within the city. Cited herein: K.S.A. 12-2001, 66-104, 66-107, 66-110, 66-111, 66-117, 66-131a, 66-133, L. 1911, ch. 238, sections 3, 33, L. 1978, ch. 263, section 1, K.A.R. 82-1-231.