Attorney General Opinion No. 1984-117 PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Attorney General Opinion No. 1984-117 PDF full book. Access full book title Attorney General Opinion No. 1984-117 by Robert T. Stephan. Download full books in PDF and EPUB format.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
Under the provisions of K.S.A. 10-1116b, a municipality may enter into an installment-purchase agreement which provides for payments extending beyond its current budget year, provided that the agreement specifically states that the municipality is obligated only to pay periodic payments or monthly installments as have been provided for in the budget of the municipality for the current budget year, or which can be paid from funds derived from a lawfully operated revenue producing source. Since the obligation of the municipality under such an agreement is limited by the specific statement required by K.S.A. 10-1116b, the agreement does not violate either the budget law or the cash-basis law. Cited herein: K.S.A. 10-1116b, 79-2935.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
Under the provisions of K.S.A. 10-1116b, a municipality may enter into an installment-purchase agreement which provides for payments extending beyond its current budget year, provided that the agreement specifically states that the municipality is obligated only to pay periodic payments or monthly installments as have been provided for in the budget of the municipality for the current budget year, or which can be paid from funds derived from a lawfully operated revenue producing source. Since the obligation of the municipality under such an agreement is limited by the specific statement required by K.S.A. 10-1116b, the agreement does not violate either the budget law or the cash-basis law. Cited herein: K.S.A. 10-1116b, 79-2935.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
K.S.A. 1983 Supp. 24-139 provides for the dissolution of a drainage district upon the completion of certain specified steps, including the filing of a petition and notice and hearing. In the event that a petition opposing the dissolution is filed, the question shall be presented to the district's electors at the next election held in the district. In that no provisions are made for a special election, this would be at the next election held for the purpose of electing directors or approving the issuance of bonds. Upon dissolution, that portion of district funds which are attributable to territory of the district within a city shall be transferred to that city. Depending on when such dissolution occurs, some funds due the district may not yet have been collected by the county treasurer, and so may have to be paid to the city at a later date. Once a district is dissolved, its power to levy a tax under K.S.A. 1983 Supp. 24-407 ends, and may not be transferred to the city in which part or all of its territory lies. Cited herein: K.S.A. 12-2001, 19-2601b, 19-2801, K.S.A. 24-139, 24-407, K.S.A. 24-412, 24-425, L. 1983, Ch. 117.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
No portion of the proceeds of general obligation bonds issued under the provisions of K.S.A. 1984 Supp. 19-4603 and 19-4606 may be used as operating capital for a county hospital. Cited herein: K.S.A. 10-117, K.S.A. 1984 Supp. 19-4603, 19-4606.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
When a vacancy occurs in the office of a county attorney and it is impossible to fill the vacancy by appointment of a person elected by the party central committee as provided by K.S.A. 19-715(a) and 25-3902, the person appointed as temporary county attorney pursuant to K.S.A. 19-715(b), shall hold the position until such time as the vacancy may be filled in accordance with statutory procedures or until the next general election in which a county attorney may be elected. Cited herein: K.S.A. 19-715; 25-3901; 25-3902; 75-117.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
As amended by chapter 282, section 5, the provisions of chapter 187, section 11 of the 1984 Session Laws prohibit the selling, giving or receiving of lists of names and addresses derived from public records, for the purpose of selling or offering for sale any property or service to the persons listed therein, subject to three exceptions. Section 6 of chapter 187, as amended by section 3 of chapter 282 of the 1984 Session Laws, further requires that any person who obtains a list of names and addresses certify that: (1) he or she will not use the information for the purpose of selling or offering for sale any property or services, and (2) will not give, sell or otherwise make available the list to another person so that the latter may sell or offer for sale any property or service. Accordingly, a person may not make commercial use of information derived from such lists, either directly or through the sale of the lists themselves. Cited herein: K.S.A. 1983 Supp. 21-3913; 45-201 (both repealed, L. 1984, ch. 187); 74-2012, as amended by L. 1984, ch. 282, section l; L. 1983, ch. 171, section 11, L. 1984, ch. 187, sections 6, 11; L. 1984, ch. 282, sections 3, 5.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
The provisions of subsections (c) and (d) of K.S.A. 1983 Supp. 77-426, which allow the legislature to reject, modify or revoke an administrative rule and regulation by means of the adoption of a concurrent resolution, are unconstitutional. Such action by the legislature is an unlawful usurpation of the governor's constitutional power to administer and enforce the laws. Such action violates the constitutional doctrine of separation of powers. In addition, the legislative oversight mechanism prescribed in subsections (c) and (d) of K.S.A. 1983 Supp. 77-426 is unconstitutional for the reason that it attempts to authorize the legislature to make law, without following the mandatory procedures of the Kansas Constitution. The Kansas constitution requires that any law be enacted only by bill [not by resolution or concurrent resolution]; that every bill contain the constitutionally-specified enacting clause; and that all bills passed by the legislature be presented to the governor for approval or disapproval. The procedure set forth in subsections (c) and (d) of K.S.A. 1983 Supp. 77-426 does not meet these constitutional requirements and is unconstitutional. Cited herein: K.S.A. 1983 Supp. 77-426; Kan. Const., Art. 2, sections 14, 20.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
Section 2 of 1984 House Bill No. 2927 (as amended by House Committee of the Whole) would empower the State Corporation Commission to exclude from the rate base of a public utility all or a portion of costs of acquisition, construction or operating which were incurred (in whole or in part) due to a lack of efficiency or prudence, or costs incurred in the acquisition or construction of excess capacity. Such legislation, if enacted, could be enforced by the State Corporation Commission and the courts of this state. Cited herein: K.S.A. 66-128, 1984 House Bill No. 2927.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
As amended by Laws 1984, Chapter 154, Section 1(g), K.S.A. 1983 Supp. 38-1523(g) establishes a policy that law enforcement officers investigating reports of abuse or neglect on school premises do so in street clothes. However, the statute imposes no absolute requirement and allows safety and practical considerations to be taken into account. Accordingly, a small police force could determine that its officers should not take the additional time needed to change from their uniforms into street clothes, and then back again, in making such investigations. Cited herein: K.S.A. 1983 Supp. 38-1523, as amended by L. 1984, ch. 154, section 1(g).
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
Pursuant to the restrictions of K.S.A. 17-5904, and subject to exemptions prescribed therein, corporations (other than family farm corporations and authorized farm corporations) may not own agricultural land in this state. An investment plan whereby a corporation (other than a family farm corporation or authorized farm corporation) would own agricultural land, subject to a "buyback option," would violate the restrictions of the aforesaid statute. Cited herein: K.S.A. 1983 Supp. 17-5903, K.S.A. 17-5904.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
The common law doctrine of incompatibility of offices precludes one person from simultaneously holding the offices of city council member and clerk of the municipal court in a city of the third class having a mayor-council form of government. Cited herein: K.S.A. 12-4108.
