Download or read book Attorney General Opinion No 1983 101 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: Where Section 214 of the Staggers Rail Act of 1980 (49 U.S.C. section 11501), explicitly providing for the regulation of intrastate rail rates by the Interstate Commerce Commission, is in conflict with Kansas statutes providing for the regulation of intrastate rail rates by the State Corporation Commission, federal law must prevail, pursuant to the Supremacy Clause of the United States Constitution, Art. VI. Cited herein: K.S.A. 66-117, 66-170, 49 U.S.C. section 10101, 49 U.S.C. section 10501, 49 U.S.C. section 10701, 49 U.S.C. section 10706, 49 U.S.C. section 10707, 49 U.S.C. section 10712, 49 U.S.C. section 10762, 49 U.S.C. section 11501, and U.S. Constitution, Art. VI.
Download or read book Attorney General Opinion No 1983 129 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 Governmental Reorganization Act, K.S.A. 12-3901 e̲t̲ s̲e̲q̲., authorizes political subdivisions of the state, including counties, to consolidate offices and agencies of the subdivision in the interest of efficiency and to avoid duplication. Consolidation means the replacement of two or more agencies or offices with a single new office. The proposed Johnson County executive reorganization apparently does not involve consolidation and thus is not authorized by K.S.A. 12-3901 e̲t̲ s̲e̲q̲. The county home rule statute, K.S.A. 1982 Supp. 19-101a, as amended, authorize counties to transact all county business and to enact local legislation except that counties are subject to acts of the legislature which apply uniformly to all counties. If there are no statutes uniformly applicable, counties may enact local legislation not contrary to state statutes by ordinary resolution. If proposed local legislation conflicts with or is contrary to nonuniform state legislation the county must act through charter resolution. The Johnson County Parks and Recreation District is a body corporate and politic, empowered by state statute to exercise the powers of a public corporation. The proposed Johnson County executive reorganization would dissolve the independent taxing district. The statutes governing the district do not provide for dissolution of the district by the county and the county home rule statutes do not grant the county the power to dissolve the district, duly created under K.S.A. 19-2859 - 19-2881b. The state statutes concerning the Mental Health and Mental Retardation Boards and the Library Board are uniform in application to counties and cannot be modified by the county through the exercise of home rule powers. Cited herein: K.S.A. 12-1219, 12-1222, 12-1225, 12-3901 e̲t̲ s̲e̲q̲., K.S.A. 1982 Supp. 19-101a, as amended by L. 1983, chs. 91 and 92, K.S.A. 19-101b, 19-101c, 19-2859, 19-2861, 19-2862, 19-2863, 19-2867, 19-2868, as amended by L. 1983, ch. 101, K.S.A. 19-4001, 19-4002(a), 19-4003, 19-4009.
Download or read book Attorney General Opinion No 1983 043 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 responsibility to comply with K.S.A. 29-101 and 29-301 is relieved by K.S.A. 29-309 only if a landowner or occupier does not want his/her land enclosed and the land is used or occupied in common with the adjoining landowner or occupier. County commissioners, acting in their capacity as fence viewers, may order adjoining landowners to contribute to the cost of erection and maintainance of a partition fence unless both requirements of K.S.A. 29-309 are satisfied. Cited herein: K.S.A. 29-101, 29-301, 29-309.
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).
Download or read book Attorney General Opinion No 1983 057 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 county has no authority to adopt a resolution which modifies the statutory formula, prescribed in K.S.A. 12-192, for apportioning revenue received from a countywide retailers' sales tax. However, pursuant to K.S.A. 12-197, a county may adopt a resolution, according to the procedure prescribed by K.S.A. 19-117, pledging a portion of the county's share of a countywide retailers' sales tax (if such tax is approved by the voters) for services or improvements to be provided by the county within townships located in the county. Cited herein: K.S.A. 12-192, 12-197, K.S.A. 1982 Supp. 19-101a, K.S.A. 19-117.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Attorney General Opinion No 1983 060 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. 19-2658 authorizes the board of county commissioners to exchange county-owned property for a parcel of real property which would be utilized as a county landfill. Cited herein: K.S.A. 19-101, 19-2658.
Download or read book Attorney General Opinion No 1983 080 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: 1983 amendments to K.S.A. 1982 Supp. 19-101a(a) permit a county to exempt itself from a nonuniform tax levy statute and provide substitute and additional provisions therefor, so long as the county's charter resolution specifies that a portion of the proceeds of any property tax levied by the county will be used to pay the principal of, and interest upon, bonds issued by a city under the authority of K.S.A. 12-1774, and amendments thereto. This amendment supersedes the conclusion reached in Attorney General Opinion No. 82-87. Cited herein: K.S.A. 12-1774, K.S.A. 1982 Supp. 19-101a, as amended by 1983 Senate Bill No. 302, section 1, 79-1946, 79-1947.
Download or read book Attorney General Opinion No 1983 146 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 does not "own" park property acquired by dedication upon filing of a plat, and may not sell such property. Cited herein: K.S.A. 12-101, 12-406, 12-504, 12-1301, Kan. Const., Art, 12, section 5.
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.
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 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 085 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 construction of a church within 200 feet of a class A private club has no effect upon the issuance of an annual license to the club. Cited herein: K.S.A. 41-101, 41-102, 41-710, 41-2601, 41-2608, Substitute for 1983 House Bill No. 2551.
Download or read book Attorney General Opinion No 1984 005 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: Utilizing the authority granted by K.S.A. 1983 Supp. 19-15,139 e̲t̲ s̲e̲q̲., Shawnee County may issue bonds for the construction or acquisition of "civic and other multi-use public facilities." The authority granted by the act is not limited to the construction or acquisition of a single facility and may be utilized for distinct and separate facilities if such facilities may be defined as civic or other multi-use public facilities. A county may exempt itself by charter resolution from the particular issue limitations found in nonuniformly applicable statutes like K.S.A. 1983 Supp. 19-15,140 and may authorize the issuance of bonds in amounts greater than that authorized by the statute. When relying upon home rule the county is subject to the aggregate debt limitations found in K.S.A. 10-306 and the county may not use a charter resolution to exempt from the aggregate debt limitations. The exemption from aggregate debt limitations established in K.S.A. 1983 Supp. 19-15,141 is available to the county only when the county issues bonds under the authority of K.S.A. 1983 Supp. 19-15,140. Such an exemption is not available if the county chooses to issue bonds pursuant to a charter resolution enacted in the exercise of county home rule. K.S.A. 1983 Supp. 19-15,139 e̲t̲ s̲e̲q̲., is not legislation "concerning elections" within the meaning of K.S.A. 1983 Supp. 19-101a(a)(7), and is subject to the exercise of the powers of county home rule. Cited herein: K.S.A. 10-306 e̲t̲ s̲e̲q̲., K.S.A. 1983 Supp. 19-101a; K.S.A. 19-101b, 19-101c, K.S.A. 1983 Supp. 19-15,139, 19-15,140, 19-15,141.
Download or read book Attorney General Opinion No 1984 009 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: A person convicted of the offense of driving while under the influence of alcohol or drugs for the second, third or more times is subject to the mandatory sentencing provisions of K.S.A. 1983 Supp. 8-1567(d) and (e). While a person so convicted shall not be eligible for release on probation or suspension of sentence until the minimum sentence has been satisfied, he or she may participate in a work release arrangement whereby the person may be released for the purpose of working at paid employment or participating in a job training program for a prescribed number of hours each day. Diversion agreements entered into between a defendant and a city attorney are filed with the municipal court, and include a stipulation of facts upon which the charge is based. In that such agreements regard violations of traffic ordinances, they are not covered by the Criminal History Record Information Act, K.S.A. 22-474 e̲t̲ s̲e̲q̲., and so are public records subject to the provisions of the Open Records Act, K.S.A. 1983 Supp. 45-205 e̲t̲ s̲e̲q̲. Cited herein: K.S.A. 1983 Supp. 8-1008, 8-1567, K.S.A. 12-4416, K.S.A. 1983 Supp. 21-4602, K.S.A. 22-4707, K.S.A. 1983 Supp. 45-206, 45-208, 45-211, 75-5267, K.S.A. 75-5269, K.A.R. 1982 Supp. 10-12-1, 10-12-2, 44-8-101, 44-8-103.
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.
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.
