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Attorney General Opinion No 1980 238
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Book Synopsis Attorney General Opinion No. 1980-238 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1980-238 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: A city of the second class has no constitutional authority to adopt a charter ordinance whereby the city, in anticipation of a change in status to a city of the first class, would exempt itself prospectively from the provisions of legislative enactments applicable only to cities of the first class. Cited herein: K̲a̲n̲. C̲o̲n̲s̲t̲., Art. 12, section 5.
Book Synopsis Attorney General Opinion No. 1981-238 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-238 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: Pursuant to K.S.A. 80-916, a township board is under an obligation to provide for the care of any abandoned cemetery within its boundaries. while such a cemetery may also be included within the boundaries of a cemetery district established pursuant to K.S.A. 1980 Supp. 17-1330 e̲t̲ s̲e̲q̲., the cemetery district is not obligated to care for any abandoned cemetery located therein unless the board of directors determines it to be in the best interests of the district to do so. Cited herein: K.S.A. 1980 Supp. 17-1330, K.S.A. 17-1332, 80-916.
Book Synopsis Attorney General Opinion No. 1977-238 by : Curt Thomas Schneider
Download or read book Attorney General Opinion No. 1977-238 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: The Register of Deeds must index the names of the debtor listed on every financing statement. Where the debtor has more than one name, such indexing must be made for each name of the debtor and fees charged as provided by law. The secured party has no right or discretion to list more than one name as debtor, and then ask the Register of Deeds to index only one designated name as debtor, charging only the fee for one name.
Book Synopsis Attorney General Opinion No. 1980-233 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1980-233 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: Pursuant to L. 1980, ch. 72, section 3, "personal liability" is imposed upon boards of public utilities and their employees in certain circumstances. Such imposition of "personal liability" does not violate constitutional requirements of equal protection and due process, and is not invalid or unenforceable on the ground of vagueness. Employees of a board of public utilities and board members are not entitled to be indemnified or defended against the personal liability imposed by L. 1980, ch. 72, section 3. Cited herein: K.S.A. 13-1220, K.S.A. 1979 Supp. 13-1221, 13-1223, 13-1227, 13-1228, 13-1258, K.S.A. 13-1271, K.S.A. 1979 Supp. 75-6101; L. 1980, ch. 72, sections 3, 7, 8, 14, 19, and 22; Kan. Const., Bill of Rights sections 1, 2; and U.S. Const., Fourteenth Amendment.
Book Synopsis Attorney General Opinion No. 1980-244 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1980-244 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: A fundamental right of every creditor is that of set-off. Thus, where the State of Kansas and another party are mutually-indebted for liquidated amounts, the state as a creditor may exercise such right of set-off. The exercise of such right does not compromise the integrity of the appropriation process. The director of accounts and reports is both impliedly and explicitly empowered by statute to exercise the right of set-off in the state's behalf. However, because requisite "state action" exists, such right must be exercised in consonance with the dictates of the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution. Affirming Attorney General Opinion No. 75-408, but modifying Attorney General Opinion No. 78-297. Cited herein: K.S.A. 75-3731; L. 1980, ch. 260, section 1; Kan. Const., Art. 2, section 24; 20 U.S.C.A. section 1232g; U.S. Const., Amend. XIV.
Book Synopsis Attorney General Opinion No. 1980-261 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1980-261 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: In the absence of statutory or case law prohibition, marriages in which one party is represented by a proxy at the time of the ceremony are legal in Kansas. In addition to complying with general statutory requirements established by K.S.A. 23-101 e̲t̲ s̲e̲q̲., the party who is to be represented by a proxy at the ceremony must confer a power of attorney on the latter to act on his or her behalf. Cited herein: K.S.A. 23-104a, K.S.A. 1979 Supp. 23-106, 23-301, L. 1980, ch. 106, section 1.
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.
Book Synopsis Attorney General Opinion No. 1974-238 by : Vern Miller
Download or read book Attorney General Opinion No. 1974-238 written by Vern Miller and published by . This book was released on 1974 with total page 2 pages. Available in PDF, EPUB and Kindle. Book excerpt: "You inquire concerning paragraph sixteenth of K.S.A. 79-201, which section was amended by 1974 Senate Bill 651, now ch. 427, L. 1974, to provide as follows: "That the property described in this section, to the extent herein limited, shall be exempt from taxation. ... All real property and tanxible personal property, actually and regularly used exclusively for housing for elderly persons." ... You question whether, in order to entitle the property in question to exemption from taxation under the foregoing, it is necessary that the corporation which operates the property, "actually and regularly used exclusively for housing for elderly persons," also own the property so used."
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.
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).
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.
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.
Book Synopsis Attorney General Opinion No. 1980-103 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1980-103 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: Leavenworth Developmental Services, Inc., a nonprofit corporation providing mental health services pursuant to K.S.A. 1979 Supp. 19-4007, is proscribed by that statute from denying service to any individual because of the latter's inability to pay for the same. However, the statute does allow such corporations to establish a schedule of charges for services for those who are financially able to pay. This schedule could allow persons unable to pay the entire cost to defer part of their bill until such time as they are able to pay. Past due accounts could be compromised or made the basis for legal proceedings, as long as service is not terminated as a means of collecting the amount due. Cited herein: K.S.A. 1979 Supp. 19-4004, 19-4007, 42 U.S.C.A. section 1397a(a)(5).
Book Synopsis Attorney General Opinion No. 1980-165 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1980-165 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 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.
Book Synopsis Attorney General Opinion No. 1981-164 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-164 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: Neither the provisions of K.S.A. 1980 Supp. 19-1803, nor the common law doctrine of incompatibility of offices, precludes a person from concurrently serving on the board of trustees of a county hospital and on the board of education of a local school district. Cited herein: K.S.A. 1980 Supp. 19-1803.
Book Synopsis Attorney General Opinion No. 1980-137 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1980-137 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: Typewritten or handwritten words do not constitute a facsimile of a servicemark, and the submission of such with the application for registration does not comply with the statutory requirements of K.S.A. 81-113(d). Material changes of a mark by amendment are not allowed; thus a registrant is not permitted to amend the original mark with a new mark. The determination of whether a trademark application is sufficient to satisfy the statutory requirements prior to the registration of such mark vests only ministerial powers in the Secretary of State. Cited herein: K.S.A. 81-112, 81-113, 81-114, 81-118, 15 U.S.C.A. 1015 e̲t̲ s̲e̲q̲.
Book Synopsis Attorney General Opinion No. 1980-208 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1980-208 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 Pharmacy Act of the State of Kansas does not permit a physician to delegate the authority to dispense prescription-only drugs to his or her patients. Cited herein: K.S.A. 1979 Supp. 65-1626, 65-1635, 65-1648, 65-2865, and 65-2896e.
