Download or read book Attorney General Opinion No 1984 103 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 meeting called by the mayor of a city would not come under the scope of the Kansas Open Meetings Act if it were attended by single representatives from other governing bodies, along with representatives of private businesses and the news media. However, if a majority of a quorum of one or more governing bodies attends, the meeting is subject to the Act, with notice accordingly required as provided by K.S.A. 75-4318. Likewise, the restrictions on executive sessions would apply, with such sessions permitted only for the discussion of those topics specified in K.S.A. 75-4319. However, if members of the media are allowed to sit in on such executive sessions to the exclusion of members of the general public, the sessions cease to be closed, with admittance of anyone required. Cited herein: K.S.A. 75-4317, 75-4317a, K.S.A. 1983 Supp. 75-4318, 75-4319.

Download or read book Attorney General Opinion No 1984 035 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 K.S.A. 40-103, the commissioner of insurance has authority to make all reasonable rules and regulations necessary to enforce the laws of this state relating to insurance. One such regulation, K.A.R. 40-1-20, prohibits the use of subrogation clauses in contracts of insurance which provide for reimbursement of medical, surgical, hospital or funeral expenses. While authorization for the promulgation of this rule and regulation is present in various statutes relating to insurance, the statutes cited in the regulation are not the statutes actually being implemented by the regulation. Accordingly, the rule and regulation is valid, but should be amended to correctly reflect the statutes being implemented. Cited herein: K.S.A. 40-103, 40-216, 40-287, 40-1110, 40-2201, 40-2203, 40-2204, 40-2208, 40-3113a, K.S.A. 1983 Supp. 44-504, 44-532, K.S.A. 60-217, K.S.A. 1983 Supp. 77-415, 77-416, K.A.R. 40-1-20.

Download or read book Attorney General Opinion No 1985 103 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: As a condition precedent to making the additional tax levy authorized by subsection (c) of K.S.A. 1984 Supp. 12-1908, as amended by L. 1985, ch. 76, section 1, a joint recreation commission established by a city and a school district must be reorganized to provide for the appointment of two members of the board of education of the school district. K.S.A. 1984 Supp. 12-1908(d), as amended. This requirement prevails over the common law doctrine of incompatibility of offices, and accordingly a member of a board of education may simultaneously serve as a member of a joint recreation commission. Cited herein: K.S.A. 12-1907, K.S.A. 1984 Supp. 12-1908, as amended by L. 1985, ch. 76, section 1.

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 1986 103 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: The joint water district is separate and distinct from other categories of water districts. As a municipality, yearly auditing of the board's accounts is required. Bonding of the board is not prescribed by statute. While liability insurance is not required, its purchase is optional. Cited herein: K.S.A. 40-3101; K.S.A. 1985 Supp. 40-3106; K.S.A. 75-1117; 75-1122; 75-6101; 75-6111; 80-1616; 80-1617; 80-1618, as enacted by L. 1984, ch. 108; 82a-617; 82a-621.

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 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.

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 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 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 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 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.

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 1984 119 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 K.S.A. 1983 Supp. 22-4501 e̲t̲ s̲e̲q̲., the State Board of Indigent Defense Services has the authority to deny authorization of claims for compensation in cases where the attorneys seeking compensation were appointed without regard to the applicable system for providing legal services to indigent defendants as established by the board. Cited herein: K.S.A. 1983 Supp. 22-4501; 22-4503; 22-4507; 22-4522; 22-4523.

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).

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).

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.