Attorney General Opinion No. 1974-075 PDF Download

Author: Vern Miller
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Languages : en
Pages : 3

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"You inquire whether the use of a bond forfeiture as a "conviction" in a proceeding to declare a defendant a habitual violator under the provisions of K.S.A. 1972 Supp. 8-286 constitutes a violation of the due process requirements of the Fourteenth Amendment to the U.S. Constitution."

Author: Vern Miller
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Languages : en
Pages : 1

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You inquire whether my opinion of September 13, 1972, addressed to Mr. Max Bickford, Executive Officer of the Kansas State Board of Regents, is applicable only to that Board, or whether it applies to other entities of government to which the Kansas open meeting law, K.S.A. 75-4317 et seq., is applicable.

Author: Curt Thomas Schneider
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Languages : en
Pages : 1

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The effect of opinions issued by the Governmental Ethics Commission under K.S.A. 1974 Supp. 75-4301 et seq. is that set forth at K.S.A. 1974 Supp. 75-4303a.

Author: Vern Miller
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Category :
Languages : en
Pages : 5

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"We have your letter of July 8, suggesting that somewhere in the provisions of K.S.A. 75-3635 through -3640, there lies a "specific appropriation made by law" which is valid for no "longer term than two years. ... Under K.S.A. 75-3637, the State Treasurer is directed merely to "deposit the proceeds received from the sale of revenue bonds as authorized by this act in the 5th and Kansas Avenue Bond Proceeds Fund, which fund is hereby created." No state money is appropriated to this fund. On the contrary, the State Investment Board is authorized to draw upon no money set apart by the Legislature in any fashion, but may use any moneys in the active accounts or time deposit, open accounts of the state of Kansas."

Author: Vern Miller
Publisher:
ISBN:
Category :
Languages : en
Pages : 4

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After discussions with the Office of Revenue Sharing, Department of the Treasury, Washington, D.C., we are constrained to withdraw our opinion no. 74-150, issued to you under date of May 16, 1974.

Author: Robert T. Stephan
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Category :
Languages : en
Pages :

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As a result of the decision in G̲a̲r̲c̲i̲a̲ ̲v̲̲.̲ ̲S̲a̲n̲ ̲A̲n̲̲t̲o̲n̲i̲o̲ ̲M̲e̲t̲r̲o̲p̲o̲l̲i̲t̲a̲n̲ ̲T̲r̲a̲n̲s̲i̲t̲ ̲A̲u̲t̲h̲o̲r̲i̲t̲y̲, the Dickinson County sheriff's department is subject to the federal Fair Labor Standards Act. Department employees who meet the qualifications of 29 C.F.R. section 553.4 are entitled to the exemption from overtime in 29 U.S.C.A. section 207(k) if the employer so elects. As the department has more than four employees who are law enforcement officers, it is therefore not eligible for the exemption in 29 U.S.C.A. section 213(b)(20). Law enforcement employees who are subject to section 7(k) may work a maximum of 171 hours in a 28 day pay period. Following April 15, 1985, overtime is required to be paid to such employees for any hours over this amount. Cited herein: 29 U.S.C.A. sections 201, 203, 206, 207, 213, 216, 217; K.S.A. 19-803, 44-1203, 44-1204; 29 C.F.R. sections 516, 531, 541, 553, 778, 785; U.S. Supreme Court Rule 51, 52.

Author: Vern Miller
Publisher:
ISBN:
Category :
Languages : en
Pages : 5

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"We are concerned here with the application of K.S.A. 75-4304(a) which states in pertinent part thus: "No public officer or employee shall in his capacity as such officer or employee, make or participate in the making of a contract with any person or business by which he is employed or in whose business he has a substantial interest, and no such person or business shall enter into any contract where any public officer or employee, acting in such capacity, is a signatory to or a participant in the making of such contract and is employed by or has a substantial interest in such person or business." ... The question may be raised whether the board action in question constitutes the making of a contract."

Author: Vern Miller
Publisher:
ISBN:
Category :
Languages : en
Pages : 2

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You request an interpretation of K.S.A. 1973 Supp. 75-1215. ... You bring to my attention problems incurred by mobile home and recreational vehicle manufacturers wherein they are being denied direct supply of seals by the Director of Architectural Services and the seals are being directed to inspecting agents for subsequent transmission to the manufacturers. ... By copy of this letter, I am advising the Director to begin the direct issuance of seals to manufacturers who have obtained approval of their plans and specifications.

Author: Vern Miller
Publisher:
ISBN:
Category :
Languages : en
Pages : 3

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"K.S.A. 75-4218 states ... under subsection (e), [that] active accounts, time deposit, open accounts, inactive accounts and custodial accounts must be secured "in an amount equal to seventy percent (70%) thereof." You advise that it is the view of the auditor for the Board of Treasury Examiners that when securities are withdrawn because of maturity or for exchange, and are not replaced within ten days, that at the end of ten days after withdrawal, the statutory lien expires and the accounts involved are no longer fully secured. ... It is our opinion that the first lien afforded by the statute upon withdrawn securities does not expire ten days after withdrawal, replacement or no, but continues thereafter and until replacement occurs."

Author: Vern Miller
Publisher:
ISBN:
Category :
Languages : en
Pages : 2

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Book Description
Opinion concerning a "letter of December 13, inquiring whether a letter dated September 21, 1973, addressed to myself as chairman of the State Rules and Regulations Board, may be 'utilized as completing the formal receipt requirements needed in order to adopt permanent Rules and Regulations?'"