Attorney General Opinion No. 1980-165 PDF Download

Author: Robert T. Stephan
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Languages : en
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The provisions of K.S.A. 12-708, relating to protests against zoning amendments, are mandatory, and the City of Merriam must allow a full fourteen-day period for the filing of protests before taking any action upon a recommendation of the planning commission. Cited herein: K.S.A. 12-708.

Author: Robert T. Stephan
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Languages : en
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Chapter 44 of the Laws of 1980 amended K.S.A. 8-2107 to allow the use of a credit card to post bond on certain enumerated offenses. Such cards, issued by banks, allow the violator to deposit a draft with the arresting officer, which draft is returned upon the violator's appearance for further proceedings before the court, or, alternatively, is forfeited upon nonappearance. The withholding of a predetermined amount by the issuer of the card from the amount posted as bond is not a violation of the Truth-in-Lending Act, 15 U.S.C. sections 1601 e̲t̲ s̲e̲q̲., in that there is no credit transaction which is subject thereto. Neither is there a violation of anti-trust laws by virtue of two or more banks entering into agreements to purchase such drafts at such a discount, provided such agreements are drafted by a state agency and then presented to such banks for their signature. Cited herein: K.S.A. 1981 Supp. 8-2107, as amended by L. 1982, ch. 47, K.S.A. 16a-3-206, 16a-6-117, K.S.A. 50-101, 15 U.S.C. section 1, 15 U.S.C. section 1637, 12 C.F.R. 226.2, 12 C.F.R. 226.6, 12 C.F.R. 226.7.

Author: Curt Thomas Schneider
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Languages : en
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The fee of one dollar required to be assessed in all civil and criminal cases under section 18 of 1978 House Bill No. 2163 is an unconstitutional exercise of the general revenue power of the state, in the guise of the assessment of court costs for the administration of the unified court system of this state. If the act were valid, however, the fee applies only to all cases filed on and after July 1, 1978, and applies to traffic cases.

Author: Robert T. Stephan
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Languages : en
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Absent any express statute requiring the city to do so, a city may lease municipally-owned property for the extraction of oil and gas without advertising for and receiving bids therefor. There is no such statute applicable to cities of the third class. Cited herein: K.S.A. 19-110, 19-111, 55-211a, 74-3315, 74-3316, 76-165.

Author: Curt Thomas Schneider
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Languages : en
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A "wire" unit, part of which is attached to the officer's body and which can pick up oral communications in the officer's presence and then be transmitted to a base unit and recorded, is not considered an oral communication within the scope of K.S.A. 22-2514(2) whereby a court order is required.

Author: Robert T. Stephan
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Languages : en
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Certain portions of K.S.A. 39-709, as amended by L. 1988, ch. 143, section 8, conflict with sections of the Medicare Catastrophic Coverage Act of 1988, 42 U.S.C. section 1396p. In order to comply with the more restrictive federal eligibility standards, and thus remain eligible for participation in the federal medicare program, state legislative action is necessary to amend those portions of the statute that directly conflict with federal requirements. Cited herein: K.S.A. 39-709, as amended by L. 1988, ch. 143, section 8; 42 U.S.C. section 1396p (Supp. 1988).

Author: Robert T. Stephan
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Languages : en
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The Secretary of Administration has the authority to enter into an agreement with a non-profit corporation whereby that corporation, at its own expense, will plan and construct a Fountain of Justice, dependent upon the Secretary's approval, on state-owned property. The Secretary may further agree to maintain such fountain, provided the agreement complies with relevant budget laws. Cited herein: K.S.A. 75-1203; 75-1254, as amended by L. 1986, ch. 317, section 1; K.S.A. 75-2236; K.S.A. 1985 Supp. 75-3717; K.S.A. 75-3741; 75-3762; 75-3763; 75-3764.

Author: Robert T. Stephan
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Languages : en
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The state must show a compelling state interest to justify a durational residency requirement for participants of the general assistance program. If such an interest exists, it would justify the disparate treatment between those receiving ADC and those receiving GA benefits. Cited herein: K.S.A. 39-720; K.A.R. 30-4-34; 30-4-50; 30-4-70 through 75; 30-4-90; 45 C.F.R. section 223.40.

Author: Robert T. Stephan
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Languages : en
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Public defenders are employees within the meaning of K.S.A. 1979 Supp. 75-6102, in the performance of professional services to their clients and are therefore, within the provisions of the Kansas Tort Claims Act and entitled to the indemnities, defenses and immunities contained therein. Cited herein: K.S.A. 22-4512, K.S.A. 1979 Supp. 22-4517, 22-4517a, 40-3401, 75-6101, 75-6102, 75-6103, 75-6104, 75-6105, 75-6108, 75-6109, 75-6111, 75-6115, United States Const., Sixth Amend., 18 U.S.C.A. 3006A (Supp. 1979).

Author: Robert T. Stephan
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Languages : en
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A police officer has express authorization stated in the law to impound a vehicle driven by a defendant arrested under certain circumstances. However, even though such officer is responsible for taking appropriate measures to protect the property of an arrested person, the question of whether the officer's failure to impound such vehicle constitutes a breach of duty, creating an exposure to tort liability, must be resolved by a competent trier of fact in light of all relevant facts and circumstances. Cited herein: K.S.A. 8-1570, K.S.A. 1979 Supp. 75-6103.