Attorney General Opinion No. 1981-243

Attorney General Opinion No. 1981-243 PDF Author: Robert T. Stephan
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Neither K.S.A. 1980 Supp. 19-1815e, as amended by L. 1981, ch. 118, section 1, nor K.S.A. 1980 Supp. 19-1878 authorizes the issuance of bonds for the purpose of making additions or enlargements to an existing medical clinic operated in connection with a county hospital. However, pursuant to K.S.A. 19-15,114, a board of county commissioners may issue bonds for the making of an addition or enlargement to an existing medical clinic. Cited herein: K.S.A. 1980 Supp. 10-306, 10-307, 19-101a, K.S.A. 19-101b, K.S.A. 19-15,114, K.S.A. 1980 Supp. 19-15,116, 19-1801, 19-1815e (as amended by L. 1981; ch. 118, section 1), 19-1878, K.S.A. 19-18,117.

Attorney General Opinion No. 1981-243

Attorney General Opinion No. 1981-243 PDF Author: Robert T. Stephan
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Languages : en
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Book Description
Neither K.S.A. 1980 Supp. 19-1815e, as amended by L. 1981, ch. 118, section 1, nor K.S.A. 1980 Supp. 19-1878 authorizes the issuance of bonds for the purpose of making additions or enlargements to an existing medical clinic operated in connection with a county hospital. However, pursuant to K.S.A. 19-15,114, a board of county commissioners may issue bonds for the making of an addition or enlargement to an existing medical clinic. Cited herein: K.S.A. 1980 Supp. 10-306, 10-307, 19-101a, K.S.A. 19-101b, K.S.A. 19-15,114, K.S.A. 1980 Supp. 19-15,116, 19-1801, 19-1815e (as amended by L. 1981; ch. 118, section 1), 19-1878, K.S.A. 19-18,117.

Attorney General Opinion No. 1980-243

Attorney General Opinion No. 1980-243 PDF Author: Robert T. Stephan
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A child required by law to attend school who is inexcusably absent therefrom is a truant, as defined by K.S.A. 1979 Supp. 72-1113. Such child is subject to the exclusive jurisdiction of the district court, which may, pursuant to the Juvenile Code, K.S.A. 1979 Supp. 38-801 e̲t̲ s̲e̲q̲., issue such orders or make such dispositions as it deems necessary in order for the child to attend school. Accordingly, a school board's power to suspend or expel a child pursuant to K.S.A. 72-8901 does not extend to cases involving truancy. Cited herein: K.S.A. 1979 Supp. 38-802, 38-816, 38-817, 38-826, K.S.A. 72-1029, K.S.A. 1979 Supp. 72-1111, 72-1113, K.S.A. 72-8901, K.S.A. 1979 Supp. 72-8902, 72-8904.

Attorney General Opinion No. 1974-243

Attorney General Opinion No. 1974-243 PDF Author: Vern Miller
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Languages : en
Pages : 1

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In connection with our opinion of July 16, 1974, issued upon your inquiry regarding the crediting of interest income on moneys within the Attorney General's antitrust suspense fund, it is the further opinion of this office that the transactions crediting such interest income to the State General Fund should be reversed and a like amount credited to the Attorney General's antitrust suspense fund.

Attorney General Opinion No. 1981-133

Attorney General Opinion No. 1981-133 PDF Author: Robert T. Stephan
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Languages : en
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K.S.A. 1980 Supp. 59-2922 establishes court costs of twenty-five dollars ($25) for services of the district court to be paid by the initiating county to the transferee county upon change of venue in applications for determination of mentally ill persons. Such fee is inclusive and does not authorize additional court costs in excess of such sum to be paid for services of the transferee court. Such sum is not, however, inclusive of all court costs which may be charged to the initiating county. Statutes cited herein: K.S.A. 43-171, K.S.A. 1980 Supp. 59-2922, 59-2934, K.S.A. 60-243, 60-2001, 60-2003.

Attorney General Opinion No. 1980-233

Attorney General Opinion No. 1980-233 PDF 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.

Attorney General Opinion No. 1980-154

Attorney General Opinion No. 1980-154 PDF Author: Robert T. Stephan
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Languages : en
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Public defenders are employees within the meaning of K.S.A. 1979 Supp. 75-6102, in the performance of professional services to their clients and are therefore, within the provisions of the Kansas Tort Claims Act and entitled to the indemnities, defenses and immunities contained therein. Cited herein: K.S.A. 22-4512, K.S.A. 1979 Supp. 22-4517, 22-4517a, 40-3401, 75-6101, 75-6102, 75-6103, 75-6104, 75-6105, 75-6108, 75-6109, 75-6111, 75-6115, United States Const., Sixth Amend., 18 U.S.C.A. 3006A (Supp. 1979).

Attorney General Opinion No. 1980-158

Attorney General Opinion No. 1980-158 PDF 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.

Attorney General Opinion No. 1980-103

Attorney General Opinion No. 1980-103 PDF Author: Robert T. Stephan
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Languages : en
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Leavenworth Developmental Services, Inc., a nonprofit corporation providing mental health services pursuant to K.S.A. 1979 Supp. 19-4007, is proscribed by that statute from denying service to any individual because of the latter's inability to pay for the same. However, the statute does allow such corporations to establish a schedule of charges for services for those who are financially able to pay. This schedule could allow persons unable to pay the entire cost to defer part of their bill until such time as they are able to pay. Past due accounts could be compromised or made the basis for legal proceedings, as long as service is not terminated as a means of collecting the amount due. Cited herein: K.S.A. 1979 Supp. 19-4004, 19-4007, 42 U.S.C.A. section 1397a(a)(5).

Attorney General Opinion No. 1980-140

Attorney General Opinion No. 1980-140 PDF Author: Robert T. Stephan
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Languages : en
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Even though the president of the United States may have authority to delegate powers and duties to the governor, the president has no constitutional power to compel the governor's acceptance of such delegation. Moreover, under our constitutional form of government, the governor has no inherent power separate and apart from our state's constitution, and the authority of the governor must be derived from the specific grants of power to the governor in the constitution and in the laws duly enacted by the legislature thereunder. Thus, as respects powers and duties delegated to the governor by the president, the governor's ability to accept such delegation is dependent upon the existence of specific constitutional or statutory provisions providing such authority, or upon such authority as is to be reasonably and necessarily implied therefrom. Cited herein: Kan. Const., Art. 1, sections 3, 7; 15 U.S.C.A. sections 751 e̲t̲ s̲e̲q̲., 42 U.S.C.A. sections 8501 e̲t̲ s̲e̲q̲.

Attorney General Opinion No. 1980-094

Attorney General Opinion No. 1980-094 PDF Author: Robert T. Stephan
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Languages : en
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By virtue of 12 U.S.C.A. section 484, national banks are insulated from "visitorial powers" other than those specifically authorized by law. As a result, even though a national bank has obtained a license from the Consumer Credit Commissioner to make supervised loans under the Uniform Consumer Credit Code, the Commissioner is precluded from examining or investigating any such national bank under authority of K.S.A. 16a-2-305(1), as such would constitute the exercise of "visitorial powers." Moreover, predicated on the judicial constructions of 12 U.S.C.A. section 85 (prescribing maximum rates for national banks), it is unnecessary for a national bank to be so licensed in order to charge the higher interest rates authorized for "licensed" supervised lenders by K.S.A. 1979 Supp. 16a-2-401(2). Cited herein: K.S.A. 16a-1-30(38), (39), (40)(as amended by section 4 of 1980 Senate Bill No. 731), K.S.A. 16a-2-301, 16a-2-304(2) and 16a-2-305(1), K.S.A. 1979 Supp. 16a-2-401(2), 12 U.S.C.A. sections 85, 484 and 12 C.F.R. sections 7.6025, 7.7310(a).