Attorney General Opinion No. 1983-125

Attorney General Opinion No. 1983-125 PDF Author: Robert T. Stephan
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Languages : en
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The public electors of a county hospital district operating pursuant to K.S.A. 80-2113 e̲t̲ s̲e̲q̲., may elect the district board of directors by ballot without violating the Kansas Open Meetings Act. Cited herein: K.S.A. 75-4317, K.S.A. 1982 Supp. 75-4318, K.S.A. 80-2113, 80-2118, 80-2119, 80-2121, Kan. Const. Art. 4, section 1.

Attorney General Opinion No. 1983-125

Attorney General Opinion No. 1983-125 PDF Author: Robert T. Stephan
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Languages : en
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Book Description
The public electors of a county hospital district operating pursuant to K.S.A. 80-2113 e̲t̲ s̲e̲q̲., may elect the district board of directors by ballot without violating the Kansas Open Meetings Act. Cited herein: K.S.A. 75-4317, K.S.A. 1982 Supp. 75-4318, K.S.A. 80-2113, 80-2118, 80-2119, 80-2121, Kan. Const. Art. 4, section 1.

Attorney General Opinion No. 1983-165

Attorney General Opinion No. 1983-165 PDF Author: Robert T. Stephan
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Languages : en
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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.

Attorney General Opinion No. 1983-037

Attorney General Opinion No. 1983-037 PDF Author: Robert T. Stephan
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Languages : en
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The constraints imposed by Article 11, Section 5 of the Constitution of the State of Kansas preclude the use of proceeds from the tax levies authorized by K.S.A. 2-131b and 19-1561 to fund the operations of a county fair association established and operating pursuant to K.S.A. 2-125 e̲t̲ s̲e̲q̲. Cited herein: K.S.A. 2-125, 2-129, 2-129c, 2-129e, 2-129g, 2-131b, 2-132, 19-1561.

Attorney General Opinion No. 1983-139

Attorney General Opinion No. 1983-139 PDF Author: Robert T. Stephan
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Languages : en
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K.S.A. 1982 Supp. 22-3801 provides that court costs, which may include witness fees, taxed against a convicted defendant in a criminal action are an enforceable judgment against the defendant. When a defendant is unable to pay witness fees and mileage, the county is obligated by K.S.A. 1982 Supp. 28-125(d) and 28-150 to pay the witness fees. After paying witnesses their statutory fees and mileage, the county may execute upon the judgment against the defendant. Cited herein: K.S.A. 1982 Supp. 22-3801, K.S.A. 22-3803, K.S.A. 1982 Supp. 28-125, K.S.A. 28-150, K.S.A. 1982 Supp. 28-172a.

Attorney General Opinion No. 1983-036

Attorney General Opinion No. 1983-036 PDF Author: Robert T. Stephan
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Languages : en
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A watershed district organized pursuant to K.S.A. 24-1201 e̲t̲ s̲e̲q̲. is empowered to execute such contracts as are necessary or convenient to allow it to properly carry out its functions, and to obtain those professional services deemed essential by the board of directors. In acquiring easements by donation from landowners, the board of directors may employ the services of an attorney for the performance of duties relevant to the drafting of the easement. However, apart from acting as a scrivener to complete documents needed for tax purposes, such an attorney should not provide advice to the donor as to the tax considerations involved or represent the donor in proceedings before the Internal Revenue Service, nor should public moneys of the district be expended to compensate the attorney except for these limited services. Cited herein: K.S.A. 7-125, 24-1209.

Attorney General Opinion No. 1983-063

Attorney General Opinion No. 1983-063 PDF Author: Robert T. Stephan
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Languages : en
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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.

Attorney General Opinion No. 1983-175

Attorney General Opinion No. 1983-175 PDF Author: Robert T. Stephan
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Languages : en
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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.

Attorney General Opinion No. 1983-178

Attorney General Opinion No. 1983-178 PDF Author: Robert T. Stephan
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Languages : en
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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.

Attorney General Opinion No. 1983-186

Attorney General Opinion No. 1983-186 PDF Author: Robert T. Stephan
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Languages : en
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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).

Attorney General Opinion No. 1983-035

Attorney General Opinion No. 1983-035 PDF Author: Robert T. Stephan
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Languages : en
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Pursuant to K.S.A. 1982 Supp. 79-3425, there is a daily transfer to the highway fund of 69.23% of certain revenues accruing to the state freeway fund. The legislature clearly intends that proceeds of the various motor fuel taxes credited to said fund be subject to such transfer, but it is difficult to discern from the pertinent statutory provisions whether the legislature intends that a similar transfer be made of moneys representing interest on the highway fund that are credited to the state freeway fund pursuant to K.S.A. 1982 Supp. 68-2313. However, because the state officers charged with the administration and implementation of the relevant statutory provisions have consistently construed such provisions as precluding the daily transfer of highway fund interest moneys from the freeway fund to the highway fund, such interpretation is not only entitled to great weight, but is controlling, in light of the legislature's continued acquiescence in such interpretation. Cited herein: K.S.A. 68-2301, K.S.A. 1982 Supp. 68-2304, K.S.A. 68-2306, K.S.A. 1982 Supp. 68-2313, 79-3401, 79-3425, K.S.A. 79-3474, K.S.A. 1982 Supp. 79-3487, K.S.A. 79-3490, K.S.A. 1982 Supp. 79-34,104, L. 1979, ch. 323, section 3.