Attorney General Opinion No. 1983-165 PDF Download

Author: Robert T. Stephan
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Languages : en
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K.S.A. 41-2623(e) requires that all the members of a partnership be individually qualified to obtain a license before the partnership itself can secure a license. However, subsection (f) of the same statute exempts stockholders of a corporation who own 5% or less of the corporate stock from any requirements. In that the limited partners of a partnership organized under K.S.A. 56-122 e̲t̲ s̲e̲q̲. (the Kansas Limited Partnership Act) have the attributes of shareholders in a corporation rather than partners in a general partnership, the requirements of subsection (f) of K.S.A. 41-2623 should be applied as to such partners in the granting of a license to a limited partnership. Cited herein: K.S.A. 41-2623, 56-125, 56-126, 56-128, 56-131.

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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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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Languages : en
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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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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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Languages : en
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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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Languages : en
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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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Languages : en
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The legislature may not enact a law which impairs the state's obligation to make the required principal and interest payments on the issued and outstanding highway bonds providing funds for the construction, reconstruction and improvement of highway projects within the state system of modern express highways and freeways. Said bonds are payable solely from the state freeway fund, and the required principal and interest payments constitute a first lien and claim on moneys accruing to said fund. Thus, even though the legislature may lawfully transfer moneys from the freeway fund to the highway fund, any law providing for such a transfer that impairs the state's contractual obligation to make the required principal and interest payments is invalid. Cited herein: K.S.A. 68-2094, 68-2096, 68-2301, 68-2302, K.S.A. 1982 Supp. 68-2304, K.S.A. 68-2305, 68-2306, 68-2308, 68-2312, K.S.A. 1982 Supp. 79-3401, 79-3425, K.S.A. 79-3474, 79-3490, K.S.A. 1982 Supp. 79-34,104.

Author: Robert T. Stephan
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Languages : en
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Criminal pretrial proceedings must be conducted in the county of venue unless the governing statute specifically permits the proceeding to be conducted in another county. A pretrial proceeding conducted in a county other than the county of venue, without specific statutory authorization therefor, unless waived, is void for lack of jurisdiction. Cited herein: K.S.A. 22-2901, K.S.A. 22-2902, Kan. Const., Bill of Rights section 10.

Author: Robert T. Stephan
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Languages : en
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K.S.A. 82a-1316 provides that any contract for the withdrawal of water held in conservation storage by the state may be amended by written agreement of the parties, provided that such amendment does not affect the rate per unit of water or the minimum charge payable each year. Provisions specifying the point of withdrawal of water, however, may be amended so as to change the reservoir named in the contract. Such an amendment must, in order to have effect, be transmitted to and approved by the legislature in the same manner as water purchase contracts. Cited herein: K.S.A. 19-3435, 82a-1301, K.S.A. 1982 Supp. 82a-1307, K.S.A. 82a-1316, L. 1976, ch. 441, section 4, L. 1982, ch. 438, section 1.