Download or read book Attorney General Opinion No 1984 080 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: County and city departments or agencies that exercise control over county and city-owned and managed property upon which blind vendors vending facilities are located are subject to the jurisdiction of the arbitration board established by K.S.A. 75-3341, as amended, in hearing appeals concerning alleged violations of K.S.A. 75-3337 e̲t̲ s̲e̲q̲. Cited herein: 'K.S.A. 75-3337, 75-3338, 75-3339, 75-3341, as amended by L. 1984, ch. 322, sec. 1, 75-3342, 75-3343, 20 U.S.C.A. section 107d-1.

Download or read book Attorney General Opinion No 1985 080 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: Elections conducted pursuant to the Mail Ballot Election Act, K.S.A. 1984 Supp. 25-431 e̲t̲ s̲e̲q̲., are subject to general election laws to the extent that such laws are applicable. In that there are no designated polling or voting places in a mail ballot election, K.S.A. 25-2430, which prohibits electioneering at such locations, does not apply to mail ballot elections. Accordingly, advertising of views in support of or in opposition to the Sedgwick County sales tax proposal does not have to be discontinued for the 20 day period in which mail ballots are in circulation. Cited herein: K.S.A. 1984 Supp. 25-432; 25-433; 25-438; 25-439; K.S.A. 25-2430; 25-2703; 25-2810.

Download or read book Attorney General Opinion No 1984 052 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: Territory may be added to a hospital district created under K.S.A. 80-21,101 e̲t̲ s̲e̲q̲., by means of the procedures set forth in K.S.A. 80-21,120. The statute, which was enacted in 1955, makes the attachment effective on March 1 following the entry of the county commission's order, with this date intended to reflect the day property was assessed for tax purposes. However, such date was changed in all taxation statutes in 1959 to January 1, with the general statute governing attachment of territory (K.S.A. 79-1807) amended at the same time to make attachments of territory effective as of December 31. In view of these subsequent amendments, that portion of K.S.A. 80-21,120 which refers to March 1 as the effective date of any attachment of territory has been repealed by implication, and the effective date is now that provided in K.S.A. 79-1807. Cited herein: K.S.A. 79-309, 79-1807, 80-21,120, 1984 House Bill No. 2003.

Download or read book Attorney General Opinion No 1984 034 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 a general rule, a "special district" that certifies a tax levy or budget to another political subdivision, but which does not directly levy a tax, is not subject to the Kansas budget law, K.S.A. 1983 Supp. 79-2925 e̲t̲ s̲e̲q̲. Cited herein: K.S.A. 19-2716, K.S.A. 1983 Supp. 19-27a01 e̲t̲ s̲e̲q̲., K.S.A. 1983 Supp. 79-2925, 80-1514, 80-1524, 80-1540.

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.

Download or read book Attorney General Opinion No 1985 064 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: K.S.A. 80-2516 provides that a hospital board governed by its terms may determine and fix an annual tax to be levied for the purpose of operating, equipping, maintaining and improving the hospital. In accord with the law applicable to all taxing subdivisions, the hospital board certifies the levy to the appropriate county clerk who collects the tax in the district and pays the money so collected over to the treasurer of the hospital district. Cited herein: K.S.A. 12-1678a; K.S.A. 1984 Supp. 19-4606; K.S.A. 79-1801, 80-2113 (repealed L. 1984, ch. 374) 80-2125 (repealed L. 1984, ch. 374), 80-2501, 80-2502, 80-2508, 80-2516.

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.

Download or read book Attorney General Opinion No 1984 022 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 township is a taxing body subject to the Kansas Budget Law, K.S.A. 77-2925 e̲t̲ s̲e̲q̲., including the provisions concerning expenditures from various funds and the transfer of money from one fund to another. In the absence of a statute so authorizing a transfer, money cannot be taken from one fund and placed into another, even if it has accrued over a period of time and is not budgeted to be spent. Such action would be in violation of the provisions of K.S.A. 79-2934, and would subject the officials involved to proceedings to remove them from office under K.S.A. 79-2936. Townships may deposit their active funds in a variety of accounts in which there is no minimum maturity and withdrawals are allowed on demand with no penalty. Investment of idle funds under K.S.A. 1983 Supp. 12-1675 must be made in the ways prescribed therein, each of which limits accessibility to the funds or sets a penalty for early withdrawal. Joint investment of idle funds with other townships (in order to maximize yield) is permissible, and should be done through the provisions of the Inter-local Agreement Act, K.S.A. 12-2901 e̲t̲ s̲e̲q̲. Cited herein: K.S.A. 1983 Supp. 12-1675, K.S.A. 12-2904, K.S.A. 1983 Supp. 79-2925, K.S.A. 79-2927, K.S.A. 1983 Supp. 79-2934, K.S.A. 79-2936, K.S.A. 80-404, 80-1406b, 80-2021.

Download or read book Attorney General Opinion No 1984 091 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 legislature may refuse to appropriate moneys to provide funds for a̲ ̲p̲a̲r̲t̲i̲c̲u̲l̲a̲r̲ lease of office space already entered into by a state agency and may direct that no appropriated moneys shall be used for such purpose. However, the legislature may not prescribe that an agency may not enter into a̲n̲y̲ lease for office space without the prior approval of the State Finance Council or some other legislatively-dominated committee. Such a limitation on prospective action by a state agency violates the doctrine of separation of powers and is unconstitutional. Attorney General Opinion No. 81-83 is reaffirmed. Cited herein: K.S.A. 75-3708, 75-3711, K.S.A. 1983 Supp. 75 -3711c, 75-3725a, L. 1984, ch. 23, section 5, L. 1984, ch. 244, sections 1, 2, 23, L. 1981, ch. 32, section 69.

Download or read book Attorney General Opinion No 1988 039 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: The method of selecting board members of hospital districts established under the provisions of K.S.A. 80-2101 e̲t̲ s̲e̲q̲. (act repealed L. 1984, ch. 374) may be changed pursuant to K.S.A. 1987 Supp. 80-2508. Cited herein: K.S.A. 80-2101 e̲t̲ s̲e̲q̲. (act repealed L. 1984, ch. 374); 80-2501; 80-2502; 80-2504; 80-2507; K.S.A. 1987 Supp. 80-2508.

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.

Download or read book Attorney General Opinion No 1986 151 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: K.S.A. 80-2522 provides that "any one or more political subdivisions desiring to be attached to and become a part of any hospital district ... may do so in the manner provided in this section." In that the statute contains no territorial limitations on a political subdivision which may wish to petition for attachment to an existing hospital district, a city may petition to be included in a hospital district when no part of the city is contiguous to or adjacent to any boundary of the hospital district. Cited herein: K.S.A. 80-2503; 80-2522; 80-2198, repealed L. 1984, ch. 374, section 35.

Download or read book Attorney General Opinion No 1984 060 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: No state statute prescribes a procedure whereby a city of the third class may change from the commission form of government to the mayor-council form of government. However, the governing body of such a city may, by ordinance adopted pursuant to home rule powers, prescribe that the city shall revert to the mayor-council form of government on the date of the next city election, and provide for the election of a mayor and five council members at that election. Cited herein: K.S.A. 12-184, 12-1019, 12-1027, 12-1035, 12-1036h, 12-10a09, 13-1812, 14-1807, 15-124, 15-1201, 15-1704, Kan. Const., Art. 12, section 5.

Download or read book Attorney General Opinion No 1984 050 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: In making recommendations as to the zoning of an individual parcel of land, a planning commission acts in a quasi-judicial, rather than a legislative, function. As such, its deliberations may be held in closed session, as a specific exception to the Kansas Open Meetings Law, K.S.A. 75-4317 e̲t̲ s̲e̲q̲. For purposes of the Open Meetings Law, "binding action" would occur when the commission votes to approve or deny a particular request, and would have to be done in an open meeting. Further, In that K.S.A. 12-708 requires the commission to adopt its recommendations by affirmative vote at the conclusion of the hearing, it is not possible to have a binding vote before such recommendations, in the form of specific findings, are prepared. Cited herein: K.S.A. 12-708, K.S.A. 1983 Supp. 75-4318, 75-4319.

Download or read book Attorney General Opinion No 1984 001 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 municipality, through the exercise of constitutional home, rule powers, may grant to the municipal court the power to impose contempt sanctions against persons who fail to obey the subpoenas of a municipal administrative agency. Cited herein: K.S.A. 12-4101, 12-4104, 12-4105, 12-4106, 12-4204, 12-4602, Kan. Const. Art. 12, section 5.

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.

Download or read book Attorney General Opinion No 1984 083 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 filing of the 1875 plat of the City of McPherson did not result in a statutory dedication of Block 56 thereof to the public use of McPherson County, and the subsequent deed conveying such property to the County did not result in a common law dedication to public uses. Cited herein: K.S.A. 12-401, 12-406 (as amended by L. 1984, ch. 65, section 1).