Download or read book Attorney General Opinion No 1983 122 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 authority granted by K.S.A. 80-1501 e̲t̲ s̲e̲q̲., a township may enter into a contract for fire protection with a city, and may levy a tax for the purpose of paying compensation to the city thereunder. Such a tax, as permitted by K.S.A. 1982 Supp. 80-1503(a), is not restricted to any specified mill levy, and to the extent that the levy is one mill or less, it is not subject to the aggregate tax levy limit of 2.5 mills found in K.S.A. 79-1962. While the tax may be more than one mill, such excess will be included in the aggregate limit figure. Cited herein: K.S.A. 68-518c, 79-1962, 79-5001, 80-1501, K.S.A. 1982 Supp. 80-1502, 80-1503, K.S.A. 80-1509, K.S.A. 1982 Supp. 80-1543, K.S.A. 80-1545, 80-2125.

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 165 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. 41-2623(e) requires that all the members of a partnership be individually qualified to obtain a license before the partnership itself can secure a license. However, subsection (f) of the same statute exempts stockholders of a corporation who own 5% or less of the corporate stock from any requirements. In that the limited partners of a partnership organized under K.S.A. 56-122 e̲t̲ s̲e̲q̲. (the Kansas Limited Partnership Act) have the attributes of shareholders in a corporation rather than partners in a general partnership, the requirements of subsection (f) of K.S.A. 41-2623 should be applied as to such partners in the granting of a license to a limited partnership. Cited herein: K.S.A. 41-2623, 56-125, 56-126, 56-128, 56-131.

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 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 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 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 167 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: Kansas is a member state in the Interstate Compact on Mental Health by the terms of K.S.A. 65-3101, which incorporate the compact into Kansas statutes. Part of the compact concerns the escape of dangerous or potentially dangerous patients from institutions in any state party to the compact. Upon the capture and identification of such patients, they are to be detained until they can be returned to the state in which they were committed. In this specific circumstance, the provisions of K.S.A. 59-2901 et seq., relating to orders for protective custody and commitment, do not apply, and the patient may be held without such proceedings prior to return to the state from which he escaped. Cited herein: K.S.A. 1982 Supp. 59-2902, K.S.A. 59-2904, K.S.A. 1982 Supp. 59-2905, 59-2908, 59-2909, 59-2912, K.S.A. 59-2917, 65-3101.

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 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 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 102 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. 8-1008, as amended by 1983 Substitute for House Bill No. 2132, community-based alcohol and drug safety action programs are authorized to perform a variety of services relating to persons who have been arrested for the offense of driving while under the influence of alcohol. Included in such services are evaluations of persons being considered for diversion or who have been convicted but not yet sentenced. Certification of the programs which are authorized to so act in each judicial district is determined by the administrative judge of the district or, in the event such judge declines to do so, by the Secretary of the Department of Social and Rehabilitation Services. Such certification is for the limited purpose of providing the services specified by K.S.A. 8-1008, as amended, and does not act as a substitute for licensure under K.S.A. 65-4001 e̲t̲ s̲e̲q̲. and 65-4601 e̲t̲ s̲e̲q̲. In that diagnostic services are included within the definition of treatment contained in the latter acts, a community-based alcohol and drug safety action program must be licensed under such acts before it may offer such services under K.S.A. 8-1008, as amended. Cited herein: K.S.A. 8-1008, 8-1567, both as amended by 1983 Substitute for House Bill No. 2132, K.S.A. 65-4001, 65-4003, 65-4601, K.A.R. 1982 Supp. 30-31-2, L. 1982, ch. 144.

Download or read book Attorney General Opinion No 1983 116 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: Section 4(d) of 1983 House Bill No. 2327 (L. 1983, ch. 171), the new Kansas Open Records Act, provides that each request for access shall be acted upon as soon as possible, but not later than three business days following receipt of the request. Only if the request cannot be met within this time must the custodian of the records provide an explanation of the cause for further delay. In addition, the phrases "provide access to" and "permit inspection of" are used interchangeably throughout the bill, and may accordingly be treated as synonymous for purposes of interpretation. Both phrases concern the right of the public to examine public records, and so are different than the right to make copies. Cited herein: L. 1983, Ch. 171.

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 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.

Download or read book Attorney General Opinion No 1983 069 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. 68-515b provides that a board of county commissioners shall, upon the filing of a petition containing the requisite number of signatures, adopt the county road unit system. Any qualified elector may sign the petition, regardless of the location of his or her residence within the county. While county road employees are not barred by statute from assisting in the circulation of such a petition, they may not use public time or equipment in so doing. Cited herein: K.S.A. 46-236, 68-506, 68-515b, 68-516, 68-516c, 68-526, 68-5,100, K.S.A. 1982 Supp. 79-1947, U.S. Const., First Amend.

Download or read book Attorney General Opinion No 1983 123 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 amended by L. 1983, ch. 37, K.S.A. 8-1567(c) provides that persons convicted for the first time for the offense of driving while under the influence of alcohol shall be sentenced to not less than 48 hours' imprisonment or 100 hours of public service. The term "imprisonment" includes not only actual incarceration in jail, but may refer to any situation in which the defendant's liberty is restrained and he or she is subject to additional sanctions should an escape be made. Cited herein: K.S.A. 8-1567, as amended by L. 1983, ch. 37.