Attorney General Opinion No. 1983-074

Attorney General Opinion No. 1983-074 PDF Author: Robert T. Stephan
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Languages : en
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In the absence of specific statutory authority, the State Park and Resources Authority is without authority to lease state park lands for the production of oil, gas or other minerals. Cited herein: K.S.A. 55-211, 55-211a, 74-3315, 74-4501, K.S.A. 1982 Supp. 74-4510, K.S.A. 76-164 and 76-514.

Attorney General Opinion No. 1983-074

Attorney General Opinion No. 1983-074 PDF Author: Robert T. Stephan
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ISBN:
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Languages : en
Pages :

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Book Description
In the absence of specific statutory authority, the State Park and Resources Authority is without authority to lease state park lands for the production of oil, gas or other minerals. Cited herein: K.S.A. 55-211, 55-211a, 74-3315, 74-4501, K.S.A. 1982 Supp. 74-4510, K.S.A. 76-164 and 76-514.

Attorney General Opinion No. 1983-054

Attorney General Opinion No. 1983-054 PDF Author: Robert T. Stephan
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Languages : en
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A county hospital organized and operated pursuant to K.S.A. 19-1801 e̲t̲ s̲e̲q̲. may, at the discretion of the board of trustees, establish and fund pension and deferred compensation plans for its employees. If it desires, the board may affiliate with the Kansas Public Employees Retirement System (KPERS) by submitting an application for affiliation under K.S.A. 1982 Supp. 74-4910. Such an application must be approved by a two-thirds vote of the board of trustees, and is irrevocable once it is filed with KPERS. Cited herein: K.S.A. 19-1803, 19-1804, K.S.A. 1982 Supp. 74-4902, 74-4910.

Attorney General Opinion No. 1983-042

Attorney General Opinion No. 1983-042 PDF Author: Robert T. Stephan
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Languages : en
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The preparation of a legal description of real property which conveys Lot 18, and the west 10 feet of Lot 17, in a certain subdivision situated in the city of Salina, does not constitute the "practice of land surveying," as said term is defined in K.S.A. 74-7003(k). Therefore, a real estate broker need not be licensed as a land surveyor in order to prepare such a description. Cited herein: K.S.A. 74-7003(k).

Attorney General Opinion No. 1983-072

Attorney General Opinion No. 1983-072 PDF Author: Robert T. Stephan
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Languages : en
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To become a certified arson investigator and exercise the police powers attendant thereto, an individual must meet the requirements established by rules and regulations of the state fire marshal and successfully complete a firearm training course as prescribed for law enforcement officers under K.S.A. 1982 Supp. 74-5604a. An individual need not complete the basic training course established for law enforcement officers in accordance with K.S.A. 74-5607a in order to be certified as an arson investigator. An individual employed as an arson investigator prior to July 1, 1982, need not receive certification from the fire marshal to continue such employment; however, such an individual is not empowered by K.S.A. 1982 Supp. 31-157 to carry out the police powers afforded to certified arson investigators. Cited herein: K.S.A. 1982 Supp. 31-157, 74-5601, 74-5604a and 74-5607a.

Attorney General Opinion No. 1984-074

Attorney General Opinion No. 1984-074 PDF Author: Robert T. Stephan
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Languages : en
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Section 3 of chapter 358 of the session laws of 1984 makes it unlawful for any person to sell or distribute smokeless tobacco to any person under the age of 18 years. Smokeless tobacco includes any tobacco product which is suitable for chewing, as defined by K.S.A. 79-3370. Unlike the cereal malt beverage laws at K.S.A. 41-2701 e̲t̲ s̲e̲q̲., the new act contains no prohibition on either the possession of smokeless tobacco by persons under the age of 18 or the dispensing by minors of such products. Accordingly, it is not a violation of the law for a retailer who sells such products to employ minors who assist in the handling or sale of smokeless tobacco. Cited herein: K.S.A. 41-2708, K.S.A. 1983 Supp. 41-2721, K.S.A. 79-3370, L. 1984, ch. 358.

Attorney General Opinion No. 1983-134

Attorney General Opinion No. 1983-134 PDF Author: Robert T. Stephan
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Languages : en
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Neither the Kansas Constitution nor current statutes preclude investments by the Kansas Public Employees Retirement System or the State Pooled Money Investment Board in banks or corporations doing business with, or having investments in, the country of South Africa. Until both the Kansas legislature and the governor approve legislation to limit such investments, these public agencies are free to make otherwise prudent investments. Cited herein: K.S.A. 17-5004, 44-1001, 44-1002, 44-1009, 44-1015, 44-1016, 44-1017, 44-1027, 74-4901, K.S.A. 1982 Supp. 74-4909, K.S.A. 74-4921, K.S.A. 1982 Supp. 75-4221a, K.S.A. 75-4254, 1982 Senate Resolution No. 1874, 1983 House Resolution No. 6056, 1983 House Resolution No. 6055, Kan. Const., Art. 2, section 20, U.S. Const., Art. VI, Cl. 2.

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. 1984-104

Attorney General Opinion No. 1984-104 PDF Author: Robert T. Stephan
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Reserve police officers are not law enforcement officers but rather persons who assist law enforcement officers, and therefore fall within the general prohibition against carrying concealed firearms when off duty. K.S.A. 1983 Supp. 21-4201(1)(d). They may carry concealed firearms when on duty or during those hours they are actively engaged in assisting law enforcement officers. Cited herein: K.S.A. 19-805b, 21-3110, K.S.A. 1983 Supp. 21-4201, 74-5602.

Attorney General Opinion No. 1984-037

Attorney General Opinion No. 1984-037 PDF Author: Robert T. Stephan
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Languages : en
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K.S.A. 1983 Supp. 74-5005(j) and 74-5033 provide specific authority for the Secretary of Economic Development to enter into contracts to publicize information concerning the recreational, historic and natural advantages of the state. Thus, the Secretary of the Department of Economic Development has the power to enter into contracts to allow the dissemination of tourism information, v̲i̲a̲ computer terminal outlets at various locations in the state. Cited herein: K.S.A. 1983 Supp. 74-5005 and 74-5033.

Attorney General Opinion No. 1983-013

Attorney General Opinion No. 1983-013 PDF Author: Robert T. Stephan
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Languages : en
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Pursuant to the State Water Plan Storage Act, K.S.A. 82a-1301 e̲t̲ s̲e̲q̲., the Kansas Water Resources Board and its successor, the Kansas Water Office, are empowered to enter into contracts for the withdrawal and use of waters held in storage by the state. Waters so withdrawn and used by a purchaser are subject to a charge fixed by the respective state agency not less than 5 cents nor more than 10 cents per one thousand gallons of water. Such contracts, which may have a term of up to 40 years, must contain a provision by which such charges are reviewed at least every ten years, although the parties to the contract can agree to a more frequent review. Although the Water Office may establish on an annual basis the rate used for all contracts entered into during that year (K.S.A. 82a-1308), such rate may not be altered thereafter, except as provided by the contract. Accordingly, the provisions of 1983 Senate Bill No. 61 which provide for annual adjustments of the water charge may not be applied to contracts entered into and approved by the legislature prior to the effective date of the bill. Cited herein: K.S.A. 1982 Supp. 74-2615, K.S.A. 82a-1305, 82a-1306, 82a-1308, 82a-1316, 1983 Senate Bill No. 61.