Download or read book Attorney General Opinion No 1983 037 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 constraints imposed by Article 11, Section 5 of the Constitution of the State of Kansas preclude the use of proceeds from the tax levies authorized by K.S.A. 2-131b and 19-1561 to fund the operations of a county fair association established and operating pursuant to K.S.A. 2-125 e̲t̲ s̲e̲q̲. Cited herein: K.S.A. 2-125, 2-129, 2-129c, 2-129e, 2-129g, 2-131b, 2-132, 19-1561.

Download or read book Attorney General Opinion No 1984 037 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. 74-5005(j) and 74-5033 provide specific authority for the Secretary of Economic Development to enter into contracts to publicize information concerning the recreational, historic and natural advantages of the state. Thus, the Secretary of the Department of Economic Development has the power to enter into contracts to allow the dissemination of tourism information, v̲i̲a̲ computer terminal outlets at various locations in the state. Cited herein: K.S.A. 1983 Supp. 74-5005 and 74-5033.

Download or read book Attorney General Opinion No 1979 037 written by Robert T. Stephan and published by . This book was released on 1979 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The expense involved in the preparation of a transcript required by K.S.A. 22-3210(5) is properly a part of the costs of the criminal proceeding. When the defendant in a criminal proceeding is convicted by a plea of guilty or n̲o̲l̲o̲ c̲o̲n̲t̲e̲n̲d̲e̲r̲e̲ the defendant is responsible for payment of the costs of the proceeding. In the event that the defendant is unable to pay the costs, the county is secondarily liable and upon payment holds a judgment against the defendant.

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 Cited herein: 31 U.S.C. 371 (repealed), 31 U.S.C. sections 5101, 5103, U.S. Const.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.

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.

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).

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.

Download or read book Attorney General Opinion No 1983 152 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: A lock out is ordinarily a manifestation of a labor dispute, and where such a dispute exists, an employee (otherwise qualified) who is refused work by an employer, through a lock out, is not entitled to unemployment compensation benefits, except as provided in subsection (d) of K.S.A. 1982 Supp. 44-706 (as amended). However, an employee is not disqualified from receiving such benefits where the lock out is a result of arbitrary actions of an employer, which actions are unrelated to a recognized labor dispute. Cited herein: K.S.A. 44-701, 44-702, K.S.A. 1982 Supp. 44-705, 44-706, as amended by L. 1983, chs. 169, 170, K.S.A. 44 - 819(m).

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.

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.

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.

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.

Download or read book Attorney General Opinion No 1983 090 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. 55-211a, a city may enter into an agreement for the cooperative development of oil and gas rights, provided that such an agreement serves a public purpose. Cited herein: K.S.A. 55-211a, Kan. Const., Art. 12, section 5.

Download or read book Attorney General Opinion No 1983 081 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. 72-5440(b), members of a due process hearing committee selected in accordance with K.S.A. 72-5438 are entitled to be paid only subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223. Such committee members are not entitled to receive compensation. Cited herein: K.S.A. 72-5438, 72-5440, 75-3223.

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.

Download or read book Attorney General Opinion No 1983 133 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: A city ordinance which purports to authorize "independent contractors" to exercise the sovereign power of the city is contrary to statewide public policy, and is void. However, individuals who act as city attorney and municipal judge, under such an ordinance, are d̲e̲ f̲a̲c̲t̲o̲ officers of the city, and their acts are valid insofar as they involve the public and third parties. Additionally, the legal and judicial services provided by said individuals constitute "employment," as said term is defined in the Old Age and Survivors Insurance Act, and social security contributions are payable by the city with respect to remuneration paid for such services. Cited herein: K.S.A. 40-2301, 40-2302, 40-2305, 60-1205, L. 1983, ch. 157, section 1, Kan. Const., Art. 9, section 5.

Download or read book Attorney General Opinion No 1990 037 written by Robert T. Stephan and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Petition provisions set forth in K.S.A. 19-27a01 are sufficient to ensure valid petitions submitted in accordance with their terms. Compliance with other statutory enactments containing petition verification procedures is not necessary. Cited herein: K.S.A. 19-27a01; 19-27a03; 19-27a05; K.S.A. 1989 Supp. 25-3601; K.S.A. 25-3602.