Attorney General Opinion No. 1980-213 PDF Download
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Author: Robert T. Stephan
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Cities and counties are authorized to enter into agreements with each other for the construction, reconstruction or maintenance of any roads or streets without the letting of competitive bids. Cited herein: K.S.A. 1979 Supp. 12-2904, K.S.A. 68-572, L. 1967, ch. 354.
Author: Robert T. Stephan
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Languages : en
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Cities and counties are authorized to enter into agreements with each other for the construction, reconstruction or maintenance of any roads or streets without the letting of competitive bids. Cited herein: K.S.A. 1979 Supp. 12-2904, K.S.A. 68-572, L. 1967, ch. 354.
Author: Robert T. Stephan
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Languages : en
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K.S.A. 12-503a provides alternative methods by which a township, improvement district or governmental unit may provide services to territory which has been annexed by a city. After such action by a city, the former units may continue to provide services for the current year or, if taxes have already been levied or collected, for the succeeding year. Alternatively, taxes so collected may be surrendered to the annexing city for use in providing such services. As a fire district established pursuant to K.S.A. 19-3601 e̲t̲ s̲e̲q̲. is a governmental unit included within the scope of K.S.A. 12-503a, that portion of Attorney General Opinion No. 80-146 in conflict with this conclusion is hereby modified. Cited herein: K.S.A. 12-503a, 12-520b, 12-6a01, 19-3604, K.S.A. 1980 Supp. 19-3616.
Author: Curt Thomas Schneider
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Languages : en
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Nonlegislative members of an advisory committee constituted under K.S.A. 46-1205(b) and appointed to serve a special committee constituted under K.S.A. 46-1205(a) may not vote upon the business of the special committee.
Author: Robert T. Stephan
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Languages : en
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Real estate brokers and salespersons who have been continuously and actively licensed in this state for a period of five or more years immediately prior to July 1, 1980, are not required to submit evidence of "continuing education" under the provisions of Section 13(g) of the Real Estate Brokers' and Salespersons' License Act [L. 1980, Ch. 164, section 13(g)]. A real estate broker or salesperson need not have been continuously and actively engaged in the real estate business for the subject period of time in order to qualify for the exemption created by the aforesaid section. Cited herein: L. 1980, Ch. 164, 12(b) and 13(g).
Author: Robert T. Stephan
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Languages : en
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Pursuant to L. 1980, ch. 72, section 3, "personal liability" is imposed upon boards of public utilities and their employees in certain circumstances. Such imposition of "personal liability" does not violate constitutional requirements of equal protection and due process, and is not invalid or unenforceable on the ground of vagueness. Employees of a board of public utilities and board members are not entitled to be indemnified or defended against the personal liability imposed by L. 1980, ch. 72, section 3. Cited herein: K.S.A. 13-1220, K.S.A. 1979 Supp. 13-1221, 13-1223, 13-1227, 13-1228, 13-1258, K.S.A. 13-1271, K.S.A. 1979 Supp. 75-6101; L. 1980, ch. 72, sections 3, 7, 8, 14, 19, and 22; Kan. Const., Bill of Rights sections 1, 2; and U.S. Const., Fourteenth Amendment.
Author: Robert T. Stephan
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Languages : en
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The common law doctrine of incompatibility of offices does not preclude a county commissioner from concurrently being employed as a filter plant operator by the city water department of a city located within the county where the commissioner holds office. Cited herein: K.S.A. 1979 Supp. 19-205.
Author: Robert T. Stephan
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Languages : en
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K.S.A. 1980 Supp. 31-134(b) provides that the rules and regulations adopted by the state fire marshal shall be of uniform force and effect throughout the state. Pursuant to this statute, K.A.R. 1980 Supp. 22-3-1 adopts by reference the 1976 edition of the Life Safety Code, containing sections which regulate structures having combined mercantile and residential occupancies. For the purposes of enforcement, K.S.A. 1980 Supp. 31-139 gives the state fire marshal and those persons designated by K.S.A. 1980 Supp. 31-137, the authority to inspect buildings subject to the code. If admittance to a building subject to the Code is denied, a search warrant, which may be issued ex parte, must be obtained prior to entry. Cited herein: K.S.A. 1980 Supp. 31-133, 31-134, 31-137, 31-139, K.A.R. 1980 Supp. 22-3-1, U.S. Const., Amend. IV.
Author: Robert T. Stephan
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Languages : en
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Bonds issued for the purpose of paying the costs of constructing a long-term care facility pursuant to K.S.A. 1980 Supp. 19-1815e, as amended by section 1 of 1981 Senate Bill No. 213, are not subject to the bonded debt limits contained in K.S.A. 1980 Supp. 19-1869. Cited herein: K.S.A. 1980 Supp. 19-1801, K.S.A. 19-1815, K.S.A. 1980 Supp. 19-1815e (as amended by L. 1981, ch. 118, section 1), 19-1869.
Author: Robert T. Stephan
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Languages : en
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The provisions of K.S.A. 12-708, relating to protests against zoning amendments, are mandatory, and the City of Merriam must allow a full fourteen-day period for the filing of protests before taking any action upon a recommendation of the planning commission. Cited herein: K.S.A. 12-708.
Author: Robert T. Stephan
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Languages : en
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Attachment P to Circular A-102 of the U.S. Office of Management and Budget (OMB) effects a new federal policy respecting the auditing of federal grants made to state and local governments. Even though the indirect effect of such policy is to shift the responsibility for the auditing of federal grants from the federal granting agencies to the state and local governments that receive funds, such policy directly affects and regulates the fiscal policies and procedures of federal agencies. As such, it is a valid exercise of OMB's authority, lawfully delegated by the President, to promote efficiency and uniformity in federal procedures and policies. Cited herein: L. 1980, ch. 153, 3 U.S.C.A. section 301, 5 U.S.C.A. sections 305, 901.
