Attorney General Opinion No 1980 132

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Attorney General Opinion No. 1980-132

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (871 download)

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Book Synopsis Attorney General Opinion No. 1980-132 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1980-132 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Where the legislature has required in K.S.A. 1979 Supp. 13-1221 that a person appointed to fill a vacancy on the Kansas City, Kansas Board of Public Utilities (BPU) "shall serve until the next city or state general election, whichever occurs first, at which time a successor shall be elected to serve the remainder of the unexpired term," there is an apparent legislative intent that any such election be conducted in the manner city elections are conducted, including the requirement that a primary election be held in connection therewith. However, where such election is held at the time of the general election in November, there also is an apparent legislative intent that such election to fill BPU vacancies be subject to the time frames applicable to such general election. Thus, all candidates for each of the BPU positions to be filled at the general election to be held in November 1980 must declare their respective candidacies on or before twelve o'clock noon on June 20, 1980, and if there are more than two candidates for any such position, a primary election shall be held at the time of the primary election to be held on the first Tuesday in August 1980. Cited herein: K.S.A. 1979 Supp. 13-1221, 13-1223 (as amended by section 3 of 1980 House Bill No. 2841), K.S.A. 25-203, 25-2101, 25-2107, K.S.A. 1979 Supp. 25-2108a.

Attorney General Opinion No. 1981-132

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (869 download)

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Book Synopsis Attorney General Opinion No. 1981-132 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-132 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The procedure for adoption of a budget for a county extension council is governed exclusively by the provisions of K.S.A. 1980 Supp. 2-610, and the provisions of the general budget law, K.S.A. 79-2925 e̲t̲ s̲e̲q̲., are not applicable. Cited herein: K.S.A. 1980 Supp. 2-610, K.S.A. 79-2925.

Attorney General Opinion No. 1981-129

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (869 download)

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Book Synopsis Attorney General Opinion No. 1981-129 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-129 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The expenditure of county moneys by a board of county commissioners, for the purpose of promoting the adoption of a question submitted at a county election, subjects the board of county commissioners to the provisions of K.S.A. 1980 Supp. 25-901, which require the reporting of such expenditures. Cited herein: K.S.A. 10-1101, K.S.A. 1980 Supp. 12-105a, K.S.A. 12-726, 12-1218, 12-1679, 12-2701, 12-3102, K.S.A. 1980 Supp. 25-901, K.S.A. 25-902, K.S.A. 1980 Supp. 31-132, K.S.A. 68-2101.

Attorney General Opinion No. 1979-132

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (876 download)

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Book Synopsis Attorney General Opinion No. 1979-132 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1979-132 written by Robert T. Stephan and published by . This book was released on 1979 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.A.R. 28-29-62 is not beyond the statutory authority pursuant to which it is promulgated and is sufficient to allow the State Department of Health and Environment to compel compliance with its requirements.

Attorney General Opinion No. 1977-132

Author : Curt Thomas Schneider
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (887 download)

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Book Synopsis Attorney General Opinion No. 1977-132 by : Curt Thomas Schneider

Download or read book Attorney General Opinion No. 1977-132 written by Curt Thomas Schneider and published by . This book was released on 1977 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Counties may not exercise statutory home rule powers under K.S.A. 19-101a et seq. by resolution adopted jointly with one or more other counties. A county may not by resolution adopted pursuant to K.S.A. 19-101a(b) alter its statutory obligation to support a regional library fixed by K.S.A. 12-1234.

Attorney General Opinion No. 1978-132

Author : Curt Thomas Schneider
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (881 download)

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Book Synopsis Attorney General Opinion No. 1978-132 by : Curt Thomas Schneider

Download or read book Attorney General Opinion No. 1978-132 written by Curt Thomas Schneider and published by . This book was released on 1978 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 75-4318(b) and (c) requires notification of any representative of the media, including television, radio, and newspapers, whether located within or without the city, of any regular or special meeting of the city governing body, when such representative has requested said notification. This notification must be given by the mayor or other presiding officer of the city governing body, or other person calling a special meeting thereof.

Attorney General Opinion No. 1987-132

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (832 download)

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Book Synopsis Attorney General Opinion No. 1987-132 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-132 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Unlike the statutes establishing quorum for each of the six categories of cities, there is no statute which specifically sets quorum for a board of county commissioners. K.S.A. 1986 Supp. 77-201 F̲o̲u̲r̲t̲h̲ provides that a majority of a body of three or more members has authority to act on behalf of the entire body. In the absence of a specific provision, this statute applies to establish the majority of the membership as quorum for a public body. K.S.A. 1986 Supp. 77-201 uniformly applies to a̲l̲l̲ county commissions, regardless of size. Therefore, boards of county commissioners cannot use county home rule powers to require more than a majority of its members to constitute a quorum. The Kansas Open Meetings Act (KOMA) requires meetings of public bodies to be open to the public. A "meeting" is a prearranged gathering by a majority of a quorum of a public body to discuss the business of the body. A quorum of a five-member board of county commissioners is three, and a majority of a quorum is two. The provisions of the KOMA, then, are triggered when two or more commissioners plan to get together to discuss county business. Cited herein: K.S.A. 19-101; K.S.A. 1986 Supp. 19-101a; K.S.A. 19-201, 75-4317; 75-4317a; K.S.A. 1986 Supp. 77-201 F̲o̲u̲r̲t̲h̲; Kan. Const. Art. 12, section 5.

Attorney General Opinion No. 1981-089

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (869 download)

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Book Synopsis Attorney General Opinion No. 1981-089 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-089 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the provisions of 1980 Supp. 8-128(a), "municipally owned fire trucks" are exempt from motor vehicle registration requirements. In light of the meaning commonly given to the term "minicipality" by Kansas statutes, this exemption includes fire trucks owned by a county, as well as those owned by a city. Cited herein: K.S.A. 1980 Supp. 8-128(a), K.S.A. 10-1101(a), K.S.A. 1980 Supp. 12-105a(a), 12-110a, K.S.A. 12-726(a), 12-1218(a), 12-1679(a)(1), 12-3102(b), K.S.A. 1980 Supp. 31-132(c), K.S.A. 68-2101(a).

Attorney General Opinion No. 1981-103

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (869 download)

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Book Synopsis Attorney General Opinion No. 1981-103 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-103 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 1980 Supp. 31-134a provides an exception to the Kansas Fire Prevention Code (KFPC) for buildings which conform to any one of three specified nationally recognized building codes and meet certain other requirements. As the intent of the legislature was to provide alternatives to the KFPC which still provide adequate fire protection, adoption of the three codes which are enumerated entails adoption of their various subparts as well. Additionally, as such codes may not be retroactively enforced, only new buildings are affected, with existing structures coming under the uniform application of the KFPC. Cited herein: K.S.A. 1980 Supp. 31-132, 31-133, 31-134, 31-134a, K.A.R. 1980 Supp. 22-3-1.

Attorney General Opinion No. 1981-118

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (869 download)

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Book Synopsis Attorney General Opinion No. 1981-118 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-118 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 1980 Supp. 31-134(b) provides that the rules and regulations adopted by the state fire marshal shall be of uniform force and effect throughout the state. Pursuant to this statute, K.A.R. 1980 Supp. 22-3-1 adopts by reference the 1976 edition of the Life Safety Code, containing sections which regulate structures having combined mercantile and residential occupancies. For the purposes of enforcement, K.S.A. 1980 Supp. 31-139 gives the state fire marshal and those persons designated by K.S.A. 1980 Supp. 31-137, the authority to inspect buildings subject to the code. If admittance to a building subject to the Code is denied, a search warrant, which may be issued ex parte, must be obtained prior to entry. Cited herein: K.S.A. 1980 Supp. 31-133, 31-134, 31-137, 31-139, K.A.R. 1980 Supp. 22-3-1, U.S. Const., Amend. IV.

Attorney General Opinion No. 1980-140

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (871 download)

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Book Synopsis Attorney General Opinion No. 1980-140 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1980-140 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Even though the president of the United States may have authority to delegate powers and duties to the governor, the president has no constitutional power to compel the governor's acceptance of such delegation. Moreover, under our constitutional form of government, the governor has no inherent power separate and apart from our state's constitution, and the authority of the governor must be derived from the specific grants of power to the governor in the constitution and in the laws duly enacted by the legislature thereunder. Thus, as respects powers and duties delegated to the governor by the president, the governor's ability to accept such delegation is dependent upon the existence of specific constitutional or statutory provisions providing such authority, or upon such authority as is to be reasonably and necessarily implied therefrom. Cited herein: Kan. Const., Art. 1, sections 3, 7; 15 U.S.C.A. sections 751 e̲t̲ s̲e̲q̲., 42 U.S.C.A. sections 8501 e̲t̲ s̲e̲q̲.

Attorney General Opinion No. 1980-102

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (871 download)

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Book Synopsis Attorney General Opinion No. 1980-102 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1980-102 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Matters involving specific persons under K.S.A. 75-4319(b)(1) and (5) may be discussed in executive session so long as no binding action is taken. However, investigations and research projects affecting groups of persons generally but not specifically, are not the proper subjects of a closed meeting, unless discussion concerns a subject matter otherwise specifically permitted to be considered in closed or executive session by 75-4319(b). Cited herein: K.S.A. 1979 Supp. 74-7401, 74-7402,74-7403, K.S.A. 75-4317, K.S.A. 1979 Supp. 75-4318, K.S.A. 75-4319.

Attorney General Opinion No. 1981-030

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (868 download)

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Book Synopsis Attorney General Opinion No. 1981-030 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-030 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: As provided by K.S.A. 31-137, municipal fire departments are empowered to enforce the provisions of K.S.A. 31-132 e̲t̲ s̲e̲q̲., as well as any rules and regulations adopted pursuant thereto. Such enforcement includes the making of inspections in and upon all buildings and premises subject to the act and, if necessary, the issuance of cease and desist orders. (K.S.A. 1980 Supp. 31-139). As buildings subject to the act include all places in which people work, live or congregate from time to time, [K.S.A. 1980 Supp. 31-133(a)], the Topeka State Hospital, as such a place, would be subject to inspection by officials of the Topeka Fire Department. However, the department would not be able to enforce any provisions inconsistent with the rules and regulations adopted by the state fire marshal. Cited herein: K.S.A. 1980 Supp. 31-133, 31-134, K.S.A. 31-137, K.S.A. 1980 Supp. 31-139, K.A.R. 1980 Supp. 22-3-1, K.A.R. 22-11-1.

Attorney General Opinion No. 1980-158

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (872 download)

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Book Synopsis Attorney General Opinion No. 1980-158 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1980-158 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The common law doctrine of incompatibility of offices does not preclude a county commissioner from concurrently being employed as a filter plant operator by the city water department of a city located within the county where the commissioner holds office. Cited herein: K.S.A. 1979 Supp. 19-205.

Attorney General Opinion No. 1980-189

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (872 download)

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Book Synopsis Attorney General Opinion No. 1980-189 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1980-189 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Real estate brokers and salespersons who have been continuously and actively licensed in this state for a period of five or more years immediately prior to July 1, 1980, are not required to submit evidence of "continuing education" under the provisions of Section 13(g) of the Real Estate Brokers' and Salespersons' License Act [L. 1980, Ch. 164, section 13(g)]. A real estate broker or salesperson need not have been continuously and actively engaged in the real estate business for the subject period of time in order to qualify for the exemption created by the aforesaid section. Cited herein: L. 1980, Ch. 164, 12(b) and 13(g).

Attorney General Opinion No. 1981-260

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (87 download)

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Book Synopsis Attorney General Opinion No. 1981-260 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-260 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the provisions of K.S.A. 1980 Supp. 22-4504 (as amended by L. 1981, ch. 157, sec. 1), the board of supervisors of panels to aid indigent defendants is empowered to adopt rules and regulations concerning the ability of a defendant in a criminal action to retain counsel to assist in his defense. Such rules and regulations specifically relate to the income, assets and anticipated costs of representation of a defendant. Pursuant to the 1981 amendment, such rules and regulations are controlling on any determination by a judge or magistrate as to whether a defendant is financially unable to employ counsel. Moreover, these rules and regulations are adopted in accordance with K.S.A. 77-415 e̲t̲ s̲e̲q̲., thus allowing the legislature to modify or reject them through the adoption of a concurrent resolution (K.S.A. 1980 Supp. 77-426). Insofar as the making of indigency determinations involves the resolution of questions of fact, which is a judicial and not a legislative function, control by the legislature over such determinations is an impermissible interference with the authority of another department of government. Accordingly, those provisions of L. 1981, ch. 157 which require the submission of such rules and regulations to the legislature and which make any rules and regulations so adopted binding on district courts are unconstitutional as violative of the separation of powers doctrine. Cited herein: K.S.A. 1980 Supp. 22-4501, 22-4504 (as amended by L. 1981, ch. 157, section 1), 22-4507, K.S.A. 22-4512, K.S.A. 1980 Supp. 22-4514, 77-415 (as amended by L. 1981, ch. 157, section 3), Kansas Constitution, Article 3, Section 1, United States Bill of Rights, Sixth Amendment, Fourteenth Amendment.

Attorney General Opinion No. 1980-154

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (872 download)

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Book Synopsis Attorney General Opinion No. 1980-154 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1980-154 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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).