Attorney General Opinion No. 1983-168

Attorney General Opinion No. 1983-168 PDF Author: Robert T. Stephan
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Languages : en
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A cemetery district established pursuant to K.S.A. 1982 Supp. 17-1330 e̲t̲ s̲e̲q̲. is responsible for the operation and maintenance of such cemeteries located therein which are conveyed to it by individual cemetery associations or which, if abandoned, are voluntarily taken over by the district. The mere establishment of a cemetery district does not automatically transfer control of or responsibility for all cemeteries included within its boundaries. If responsibility for an abandoned cemetery within the cemetery district has not been assumed by the district, then the township containing said abandoned cemetery is responsible under K.S.A. 1982 Supp. 80-916. Cited herein: K.S.A. 1982 Supp. 17-1330, K.S.A. 17-1332, K.S.A. 1982 Supp. 80-916.

Attorney General Opinion No. 1983-168

Attorney General Opinion No. 1983-168 PDF Author: Robert T. Stephan
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Languages : en
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A cemetery district established pursuant to K.S.A. 1982 Supp. 17-1330 e̲t̲ s̲e̲q̲. is responsible for the operation and maintenance of such cemeteries located therein which are conveyed to it by individual cemetery associations or which, if abandoned, are voluntarily taken over by the district. The mere establishment of a cemetery district does not automatically transfer control of or responsibility for all cemeteries included within its boundaries. If responsibility for an abandoned cemetery within the cemetery district has not been assumed by the district, then the township containing said abandoned cemetery is responsible under K.S.A. 1982 Supp. 80-916. Cited herein: K.S.A. 1982 Supp. 17-1330, K.S.A. 17-1332, K.S.A. 1982 Supp. 80-916.

Attorney General Opinion No. 1983-111

Attorney General Opinion No. 1983-111 PDF Author: Robert T. Stephan
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Languages : en
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Pursuant to K.S.A. 8-168, each antique motor vehicle must be registered in the county in which the owner thereof resides. Cited herein: K.S.A. 8-129, 8-168.

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. 1983-175

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. 1983-078

Attorney General Opinion No. 1983-078 PDF Author: Robert T. Stephan
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Languages : en
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As introduced by the House Committee on Assessment and Taxation, 1983 House Bill No. 2053 does not involve an unlawful delegation of legislative power and does not contain more than one subject. Cited herein: 1983 House Bill No. 2053, Kan. Const., Art. 2, section 1, Art. 2, section 16.

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. 1983-025

Attorney General Opinion No. 1983-025 PDF Author: Robert T. Stephan
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Languages : en
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K.S.A. 82a-1316 provides that any contract for the withdrawal of water held in conservation storage by the state may be amended by written agreement of the parties, provided that such amendment does not affect the rate per unit of water or the minimum charge payable each year. Provisions specifying the point of withdrawal of water, however, may be amended so as to change the reservoir named in the contract. Such an amendment must, in order to have effect, be transmitted to and approved by the legislature in the same manner as water purchase contracts. Cited herein: K.S.A. 19-3435, 82a-1301, K.S.A. 1982 Supp. 82a-1307, K.S.A. 82a-1316, L. 1976, ch. 441, section 4, L. 1982, ch. 438, section 1.

Attorney General Opinion No. 1983-124

Attorney General Opinion No. 1983-124 PDF Author: Robert T. Stephan
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Languages : en
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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.

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. 1983-170

Attorney General Opinion No. 1983-170 PDF Author: Robert T. Stephan
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Languages : en
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An attorney, appointed to represent an indigent defendant under the Kansas Indigent Defense Services Act, may accept compensation for such services from private sources as long as the attorney complies with the Act's requirements regarding such compensation. The Act requires the appointed attorney to report to the court the availability of private funds sufficient to fully pay for representation of a defendant and to seek permission to either withdraw from the case or to accept compensation. K.S.A. 1982 Supp. 22-4507 requires an attorney to report any partial compensation received to the Board of Indigents Defense Services when he or she submits a claim for compensation under the Act. K.S.A. 1982 Supp. 22-4510 does not prohibit the acceptence of such compensation as long as the attorney acts as authorized or directed under the Act. Cited herein: K.S.A. 1982 Supp. 22-4501, 22-4503, 22-4507, 22-4510, L. 1976, ch. 169; 18 U.S.C. section 3006A.