Attorney General Opinion No. 1983-105 PDF Download
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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.
Author: Robert T. Stephan
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Languages : en
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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.
Author: Robert T. Stephan
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K.S.A. 1983 Supp. 79-1801 and 12-1678a are statutes in̲ ̲p̲a̲r̲i̲ ̲̲m̲a̲t̲̲e̲r̲i̲a̲ which authorize and require the county clerk to place delinquent utility charges (constituting a lien on real property) upon the tax rolls where a city ordinance provides for certification and collection "in the same manner as taxes levied against property." Cited herein: K.S.A. 12-6a17, 12-1617e, 12-1673, K.S.A. 1983 Supp. 12-1678a, K.S.A. 12-1755, 65-3410, K.S.A. 1983 Supp. 79-1801, K.S.A. 79-1804.
Author: Robert T. Stephan
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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.
Author: Robert T. Stephan
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The establishment of and expenditure of moneys for salaries of county commissioners are statutorily within the exclusive province of a board of county commissioners and there is no expressed or implied statutory authority permitting such salaries to be fixed pursuant to an initiative or referendum process. Payment of expense claims made by county commissioners must be consistent with the standards set forth in K.S.A. 10-801 and K.S.A. 1981 Supp. 12-105a and 12-105b (Uniform Procedure for Payment of Claims and Other Indebtedness by Municipalities). Cited herein: K.S.A. 10-801, K.S.A. 1981 Supp. 12-105a, 12-105b, 12-3013, K.S.A. 19-101a (as amended by L. 1982, ch. 115, section 1), 19-212, 19-229, 45-201.
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 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.
Author: Robert T. Stephan
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The filing deadline for all city elections (in the absence of a charter ordinance providing otherwise) is 12:00 o'clock noon of the Tuesday preceding by 10 weeks the first Tuesday in April. Said deadline is mandatory, and the only recourse for a candidate, who was prevented from filing for a city office because of the failure of the city clerk to keep his or her office open until 12:00 o'clock noon on the prescribed date, is to seek relief from a court of law. Cited herein: K.S.A. 25-2109, as amended by L. 1982, ch. 157, section 6.
Author: Robert T. Stephan
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The duties of the county clerk are statutorily prescribed and require access to such records and accounting information as is necessary in order to carry out such duties. Cited herein: K.S.A. 10-801, 10-1101, 10-1117, 12-105a, 19-305, 19-306, 19-311, 19-318, 19-507, 19-6a02, 19-6a03.
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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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.
