Attorney General Opinion No. 1983-092 PDF Download
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Author: Robert T. Stephan
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Pursuant to K.S.A. 42-706(a), a board member of an irrigation district shall serve a term of three years, and shall continue to hold office until his or her successor has been elected and qualified. In the case of a director whose term has expired, such person continues to serve as a d̲e̲ f̲a̲c̲t̲o̲ officer, with full authority to perform the duties of the office until a successor is properly selected. Such authority includes the power to fill by appointment vacancies which are caused by the resignation of another director. In the event that two of the three seats on an irrigation district board are vacant, the remaining member may act under K.S.A. 42-706(d) to appoint new directors. Cited herein: K.S.A. 42-701, 42-706.
Author: Robert T. Stephan
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Languages : en
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Pursuant to K.S.A. 42-706(a), a board member of an irrigation district shall serve a term of three years, and shall continue to hold office until his or her successor has been elected and qualified. In the case of a director whose term has expired, such person continues to serve as a d̲e̲ f̲a̲c̲t̲o̲ officer, with full authority to perform the duties of the office until a successor is properly selected. Such authority includes the power to fill by appointment vacancies which are caused by the resignation of another director. In the event that two of the three seats on an irrigation district board are vacant, the remaining member may act under K.S.A. 42-706(d) to appoint new directors. Cited herein: K.S.A. 42-701, 42-706.
Author: Robert T. Stephan
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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: Robert T. Stephan
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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.
Author: Robert T. Stephan
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Pursuant to the provisions of K.S.A. 55-211a, a city may enter into an agreement for the cooperative development of oil and gas rights, provided that such an agreement serves a public purpose. Cited herein: K.S.A. 55-211a, Kan. Const., Art. 12, section 5.
Author: Robert T. Stephan
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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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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).
Author: Robert T. Stephan
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K.S.A. 80-1201 e̲t̲ s̲e̲q̲., impose a duty on the township trustees of each Kansas township with regard to the eradication of prairie dogs in those counties in which there is an infestation. The trustee of each township is empowered to purchase such materials as may be needed for this task, including poisons, with the cost thereof spread as an additional mill levy upon real property in the township. While K.S.A. 80-1202 provides for notice to be given to landowners concerning the problem and, upon their failure to act, for entry by the township trustee or his agents upon private land, such provisions apply only to those counties which meet the criteria contained in the statute. The same is true regarding the provisions of the same statute which deal with the assessment of landowners who do not comply with the notice of the township trustee. However, as it is within the home rule authority of a county to provide for the eradication of prairie dogs, Lane County may adopt by resolution those provisions of K.S.A. 80-1202 which are otherwise applicable only to townships in certain counties. Cited herein: K.S.A. 1982 Supp. 19-101a(b), as amended by L. 1983, ch. 92, section 1, K.S.A. 80-1202, L. 1969, ch. 472, section 1.
Author: Robert T. Stephan
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Pursuant to K.S.A. 8-1008, as amended by 1983 Substitute for House Bill No. 2132, community-based alcohol and drug safety action programs are authorized to perform a variety of services relating to persons who have been arrested for the offense of driving while under the influence of alcohol. Included in such services are evaluations of persons being considered for diversion or who have been convicted but not yet sentenced. Certification of the programs which are authorized to so act in each judicial district is determined by the administrative judge of the district or, in the event such judge declines to do so, by the Secretary of the Department of Social and Rehabilitation Services. Such certification is for the limited purpose of providing the services specified by K.S.A. 8-1008, as amended, and does not act as a substitute for licensure under K.S.A. 65-4001 e̲t̲ s̲e̲q̲. and 65-4601 e̲t̲ s̲e̲q̲. In that diagnostic services are included within the definition of treatment contained in the latter acts, a community-based alcohol and drug safety action program must be licensed under such acts before it may offer such services under K.S.A. 8-1008, as amended. Cited herein: K.S.A. 8-1008, 8-1567, both as amended by 1983 Substitute for House Bill No. 2132, K.S.A. 65-4001, 65-4003, 65-4601, K.A.R. 1982 Supp. 30-31-2, L. 1982, ch. 144.
Author: Robert T. Stephan
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Languages : en
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A sale of natural gas, electricity, heat or water (delivered through mains, lines or pipes) to the owner of a mobile home park, for noncommercial use of the owner's tenants or lessees, is within the exemption from retailers' sales tax prescribed by subsection (x) of K.S.A. 1982 Supp. 79-3606, provided the utility services are delivered to "residential premises." Any claim for refund of retailers' sales taxes must be filed by the taxpayer with the Director of Taxation within three years from the date of payment of the tax. Cited herein: K.S.A. 12-105b, K.S.A. 1982 Supp. 79-3602, 79-3606, K.S.A. 79-3609, 79-3618, K.A.R. 92-19-25, K.A.R. 1982 Supp. 92-19-38.
Author: Robert T. Stephan
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If one or more cooperative agreements are entered into by those parties specified in 29 U.S.C.A. section 1533(a)(1), then sums available for those purposes specified in section 1533 are to be provided by the Governor to the state education agency responsible for education and training. In Kansas, this agency is the State Board of Education. Thus, if one or more cooperative agreements are made, the federal moneys provided the state under 29 U.S.C.A. section 1533 must be made available to the State Board of Education. Those moneys may not be made available directly to service delivery areas. The State Board, of course, must use the moneys received for the purposes, and subject to the requirements, prescribed in section 1533. Cited herein: 20 U.S.C.A. section 2461; 29 U.S.C.A. sections 1503, 1531, 1533.
