Attorney General Opinion No. 1988-033

Attorney General Opinion No. 1988-033
Author: Robert T. Stephan
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Release: 1988
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K.S.A. 33-104 applies to any governmental or private possessor, who is not otherwise precluded, seeking to establish ownership of and title to unclaimed goods and chattels. Cited herein: K.S.A. 33-104; K.S.A. 1987 Supp. 77-201 T̲̲h̲i̲r̲t̲e̲e̲n̲t̲h̲; 1988 House Bill No. 2946.

Attorney General Opinion No. 1989-033

Attorney General Opinion No. 1989-033
Author: Robert T. Stephan
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Release: 1989
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Kansas statutes authorize expenditures from the state conservation storage water supply fund to be made only for the purpose of acquiring or developing conservation storage water supply to implement the state water plan. Appropriations from the fund for land treatment and flood control in this instance do not meet the purpose of the statute. Cited herein: K.S.A. 1988 Sup. 82a-1301; 82a-1305; 82a-1306; 82a-1308a; K.S.A. 82a-1315a; K.S.A. 1988 Supp. 82a-1315b; K.S.A. 82a-1320; K.A.R. 98-5-1.

Attorney General Opinion No. 1977-033

Attorney General Opinion No. 1977-033
Author: Curt Thomas Schneider
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Release: 1977
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Steel traps which may be set for coyotes are not limited in number by the provisions of K.S.A. 32-158.

Attorney General Opinion No. 1978-033

Attorney General Opinion No. 1978-033
Author: Curt Thomas Schneider
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Release: 1978
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Action by the city governing body fixing or increasing the compensation of members of the governing body to be paid from funds of the city for the performance of their official duties may be accomplished only by ordinance, and not by resolution. The mayor has no power to veto a motion adopted by the governing body which does not constitute an ordinance.

Attorney General Opinion No. 1999-026

Attorney General Opinion No. 1999-026
Author: Carla J. Stovall
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Release: 1999
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Corporations doing business in Kansas must file an annual report with the Secretary of State pursuant to K.S.A. 1998 Supp. 17-7503. The Secretary of State is authorized to reject an annual report when the filing party is unable to provide the information required by K.S.A. 17-6007 because the incorporator has failed to perfect the organization of the corporation within a reasonable amount of time. Additionally, the Secretary of State is authorized to reject the filing of articles of incorporation from a nonprofit entity when the incorporator fails to provide the conditions of membership as required by K.S.A. 17-6002(a)(4). Cited herein: K.S.A. 17-6002, as amended by 1999 HB 2161; K.S.A. 1998 Supp. 17-6005; K.S.A. 17-6006; 17-6007; 17-6008; K.S.A. 1998 Supp. 17-7402; K.S.A. 17-7503.

Attorney General Opinion No. 1982-033

Attorney General Opinion No. 1982-033
Author: Robert T. Stephan
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Release: 1982
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The sole issue to be resolved at an administrative herring held under the "implied consent" law (K.S.A. 1981 Supp. 8-1001) is the reasonableness of a person's refusal to submit to a request to take a blood-alcohol test. At the hearing, the only testimony needed from the arresting officer is the sworn report required in the statute, and if the sworn report addresses the necessary issues, there is no need for the officer to attend the hearing. However, if the sworn report fails to discuss whether the licensee was capable of making a voluntary response to the request to submit to a blood-alcohol test, and it appears that this issue will be raised in the administrative hearing, the testimony of the arresting officer is essential and the attendance of the arresting officer may be compelled by subpoena [K.S.A. 8-255(b)]. Cited herein: K.S.A. 8-255, K.S.A. 1981 Supp. 8-1001 and K.S.A. 54-101.

Attorney General Opinion No. 1994-033

Attorney General Opinion No. 1994-033
Author: Robert T. Stephan
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Release: 1994
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A civil action filed pursuant to K.S.A. 1993 Supp. 60-3331 does not preclude a criminal prosecution. Cited herein: K.S.A. 1993 Supp. 60-3331.

Attorney General Opinion No. 1988-057

Attorney General Opinion No. 1988-057
Author: Robert T. Stephan
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Release: 1988
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The secretary of corrections may not expend money appropriated pursuant to L. 1987, ch. 335, 58 to lease a facility having a structural capacity of less than 352 inmates. The secretary is not precluded, however, from making a policy determination to use the facility to house less than its maximum capacity. Such a policy decision would not require approval of the legislature under the current statutes, nor would such a decision require approval of the Ellsworth public building commission or the holders of the Ellsworth Public Building Commission Revenue Bonds, Series 1986. Cited herein: K.S.A. 75-5206; K.S.A. 1987 Supp. 75-52,124; L. 1987, ch. 335, section 8; L. 1986, ch. 33, section 25.

Attorney General Opinion No. 1988-090

Attorney General Opinion No. 1988-090
Author: Robert T. Stephan
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Release: 1988
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In determining whether the school district equalization act (SDEA) denies equal protection under the federal or state constitutions, the standard to be applied is the rational basis test. School districts may experience diminishing general state aid by application of the SDEA formula and changing conditions. A legislative act which reduces this effect satisfies such a test, and therefor disparities in aid between districts do not deny equal protection under the federal or state constitutions. In addition, the legislature may direct how money may be spent in an appropriations bill. Cited herein: K.S.A. 1987 Supp. 72-7042, as amended by L. 1988, ch. 282, sections 2; K.S.A. 1987 Supp. 72-7043, as amended by L. 1988, ch. 282, sections 3; L. 1988, ch. 33, sections 44 (a); Kan. Const., Bill of Rights, sections 1; U.S. Const., Amend. XIV, sections 1.

Attorney General Opinion No. 1988-058

Attorney General Opinion No. 1988-058
Author: Robert T. Stephan
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Release: 1988
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K.S.A. 12-3004 prescribes that the subject of an ordinance shall be clearly expressed in its title. Pursuant to this requirement, the title of an ordinance is sufficient if it is broad enough to indicate in general terms the provisions of the ordinance, and it need not include all the details of the ordinance. Under this standard, the subject of charter ordinance no. 93 of the city of Wichita is clearly expressed in its title, and the proposition to adopt said charter ordinance (which referred to the ordinance both by number and title) was properly presented to voters pursuant to Article 12, Section 5 of the Kansas Constitution. Cited herein: K.S.A. 12-3004; Kan. Const., Art. 12, section 5.