Attorney General Opinion No. 1983-010 PDF Download
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Author: Robert T. Stephan
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Languages : en
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In the absence of a constitutional or statutory provision to the contrary, a person has the right to seek nomination to or become a candidate for more than one city office to be filled in the same election. Cited herein: K.S.A. 25-123, 25-213, 252113, 25-2116.
Author: Robert T. Stephan
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Languages : en
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In the absence of a constitutional or statutory provision to the contrary, a person has the right to seek nomination to or become a candidate for more than one city office to be filled in the same election. Cited herein: K.S.A. 25-123, 25-213, 252113, 25-2116.
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.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Robert T. Stephan
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Languages : en
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Pursuant to Article 10 of the Kansas Constitution, the 1979 Session of the Kansas Legislature enacted Senate Bill No. 220, which reapportioned the state senatorial districts, based on figures compiled in the 1978 state agricultural census. The reapportionment statute was presented to the supreme court by the Attorney General, with the court holding, in a final judgment, that the plan complied with the requirements of the state and federal constitutions. Accordingly, unless it is ordered to do so by a court of competent jurisdiction, the legislature may not act again on reapportionment until the time set forth by Article 10, which is 1989. Reapportionment on a decennial basis, such as that provided by the Kansas Constitution, has been held consistent with equal protection rights under the federal constitution. Additionally, court decisions have sanctioned the use of figures derived from the state agricultural census, rather than the United States census, and have found no discrimination in the way the state census considered persons in military service in arriving at population figures for each district. Accordingly, the fact that U.S. census figures collected subsequent to 1979 are dissimilar from those used by the legislature and approved by the supreme court is insufficient to challenge the validity of the apportionment plan currently in effect. However, given that the state agricultural census has been replaced by the federal census, the next reapportionment scheduled for 1989 will of necessity use data collected in 1980, yet will draw districts which will be used until 1999. As population shifts during this lengthy period may give rise to equal protection concerns the legislature may wish to consider remedial measures prior to 1989, such as amending the Kansas Constitution, Article 10, or reinstituting some form of state census. Cited herein: K.S.A. 11-201, 24-3402, 24-3403, L. 1979, ch. 55, 1983 SR No. 1814, 1979 SB No. 220, Kan. Const., Art. 10, section 1, U.S. Const., Amend. XIV.
Author: Robert T. Stephan
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Languages : en
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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.
Author: Robert T. Stephan
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Languages : en
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The Kansas Open Meetings Act is applicable to meetings of the Board of Trustees of the Economic Opportunity Foundation, Inc., and such meetings must be open to the public. Cited herein: K.S.A. 75-3036, 75-3734, K.S.A. 75-4317, K.S.A. 1983 Supp. 75-4318, 42 U.S.C.A. section 2790, 42 U.S.C.A. section 6861, 42 U.S.C.A. section 9901, 42 U.S.C.A. section 9904.
Author: Robert T. Stephan
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Languages : en
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1983 House Bill No. 2010 authorizes the governing body of any sewer district to provide, by resolution, for the delay of the assessment of the actual cost incurred in the construction of improvements except for the cost of interest on temporary notes issued for the improvement. During each year of the delay, the governing body of the district is required to levy a special assessment against the tangible taxable property within the sewer district in an amount sufficient to pay the cost of the interest on the temporary notes. The bill makes no distinction between outstanding accrued interest and interest to be accrued in the future and requires that the cost of the interest on the temporary notes be recovered during the delay period. In light of the legislative intent expressed by the history of 1983 House Bill No. 2010, it is our opinion the bill requires that the amount of interest accrued on temporary notes issued to finance any sewer improvement project, whether such interest accrued on temporary notes issued before the adoption of the "delay resolution" or during the period of delay, be paid by the end of the delay period. This interest may be calculated and paid over the delay period, by means of equal annual assessments against the tangible taxable property in the district. Pursuant to 1983 House Bill No. 2010, the governing board of a sewer district may provide for a delay of assessment of costs for a period not to exceed 10 years. Under the language of the bill a 10 year delay is not mandatory and the governing body may include provisions in a resolution adopted under H.B. 2010 providing for cessation of the delay period upon the occurrence of one or more prescribed contingencies. 1983 House Bill No. 2010 section 1(b) requires the governing body of a sewer district to hold a hearing on the proposed special assessments in the first year of the delay. In each year thereafter, the governing body is required to apportion the cost of interest on the basis it determines and levy a special assessment for such interest. No hearing is required on such assessments after the first year of the delay period. Cited herein: 1983 House Bill No. 2010 (L. 1983, ch. 89).
Author: Robert T. Stephan
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Languages : en
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The prohibitions and limitations prescribed in K.S.A. 41-702, 41-703, and K.A.R. 1982 Supp. 14-10-1 permit the sale of items, other than furnishings, fixtures and equipment, by distributors to retailers, only in those instances where the particular item conveyed has no value in excess of the amount of consideration paid. Cited herein: K.S.A. 41-321, 41-323, 41-702, 41-703, K.A.R. 1982 Supp. 14-10-1.
Author: Robert T. Stephan
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Section 10 of L. 1982, Ch. 144 requires the secretary of social and rehabilitation services to establish a state alcohol and drug safety action program (ADSAP). The state ADSAP is funded through an assessment of $85 upon each person who is convicted of, pleads n̲o̲l̲o̲ c̲o̲n̲t̲e̲n̲d̲e̲r̲e̲ to, or participates in a diversion program as a result of, a violation of K.S.A. 1981 Supp. 8-1567. Moneys in the fund may be expended for a variety of services specified by statute, including pre-sentence evaluations, and supervision and monitoring subsequent to sentencing, of persons convicted of or pleading n̲o̲l̲o̲ c̲o̲n̲t̲e̲n̲d̲e̲r̲e̲ to a violation. As a person participating in a diversion program does not fall into either of the above categories, the secretary is without authority to expend moneys from the fund on evaluations for such individuals who have not actually been convicted or pled n̲o̲l̲o̲ c̲o̲n̲t̲e̲n̲d̲e̲r̲e̲. However, assessment funds can be used to pay, in full or in part, the cost of any alcohol treatment and/or education program required by the diversion agreement. Cited herein: K.S.A. 1981 Supp. 8-1567, as amended by L. 1982, ch. 144, section 10, L. 1982, ch. 144, sections 7, 15.
Author: Robert T. Stephan
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Languages : en
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Article 12, Section 5 of the Kansas Constitution confers upon cities a broad measure of authority over their own affairs. Commonly known as home rule, this power must be exercised subject to the limitations contained in the constitution, one of which is the requirement that action be taken by means of an ordinance subject to the provisions of K.S.A. 12-3001 e̲t̲ s̲e̲q̲. Action by a city through a resolution rather than an ordinance does not meet this requirement, leaving invalid any exercise of home rule made as a result thereof. Cited herein: K.S.A. 10-119, 10-1003, Kan. Const., Art. 11, section 1, Art. 12, section 5.
