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Attorney General Opinion No 1980 261
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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. 1981-261 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-261 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: 1981 Senate Bill No. 430 (L. 1981, ch. 48) is applicable to licensed real estate brokers and salespersons regularly participating in the sales, negotiation of sales, or the bringing together of parties to sales of mobile homes. Where such a transaction is a single or isolated occurence, a real estate broker or salesperson need not comply with the requirements of 1981 Senate Bill No. 430. Cited herein: K.S.A. 1980 Supp. 8-126, 8-2401, 8-2402, 58-3034, 58-3035, K.S.A. 79-340, L. 1981, ch. 48.
Book Synopsis Attorney General Opinion No. 1981-152 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-152 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: Moneys derived from a tax levy imposed by the county are the property of the county. The county, pursuant to K.S.A. 1980 Supp. 12-1675, may invest any such moneys not immediately required for the purposes for which the moneys were collected or received. Under the provisions of K.S.A. 12-1677, all moneys earned and collected from investments by counties are required to be credited to the general fund of the county. Cited herein: K.S.A. 1980 Supp. 12-1675, K.S.A. 12-1677, K.S.A. 1980 Supp. 19-261, 19-262.
Book Synopsis Attorney General Opinion No. 1980-156 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1980-156 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: If the county does not levy a tax to fund its ambulance service operations, the county has no obligation under K.S.A. 1979 Supp. 19-261 (as amended by L. 1980, ch. 87, section 1) to make any payment of county funds to any separate taxing district in the county which provides ambulance services in said district. Revenue derived from ambulance service charges must be budgeted and accounted for as required by K.S.A. 79-2925 e̲t̲ s̲e̲q̲. Cited herein: K.S.A. 1979 Supp. 19-261 (as amended by L. 1980, ch. 87, section 1) K.S.A. 1979 Supp. 79-2925 (as amended by L. 1980, ch. 89, section 4), K.S.A. 79-2927.
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. 1980-233 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. 1980-154 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. 1981-270 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-270 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: A consolidated fire district created by virtue of K.S.A. 19-3619 may provide ambulance service as provided by K.S.A. 19-3636a. As a taxing district included within the scope of K.S.A. 1980 Supp. 19-261, the district may be reimbursed by the board of county commissioners for ambulance services provided by a district within the county, upon a determination by the board that the area so included is being provided with adequate ambulance service. Cited herein: K.S.A. 1980 Supp. 19-261, 19-3617, K.S.A. 19-3619, 19-3623b, 19-3632, 19-3633, 19-3634, 19-3636a, 80-1520, L. 1981, ch. 125.
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.
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. 1981-044 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-044 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: Through the imposition of fines for unlawful conduct, K.S.A. 1980 Supp. 8-1901(d) imposes criminal liability. In addition, subsection (a) of that statute does not appear to violate the United States Constitution's Equal Protection Clause, although it only imposes liability upon a limited class of persons. Moreover, that subsection appears to convey a sufficiently definite warning as to the conduct proscribed therein, so as to avoid being unconstitutionally vague and uncertain. Cited herein: K.S.A. 1980 Supp. 8-1901, 8-1909, K.S.A. 8-2116, 8-2204, 21-3105, K.S.A. 1980 Supp. 21-4503, U.S. Const., Amend. XIV.
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. 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. 1980-231 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1980-231 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: If a tax is levied under the authority of a statute and the tax has become due, the subsequent repeal of the statute does not preclude collection of the lawfully imposed tax. Cited herein: K.S.A. 77-201, S̲e̲c̲o̲n̲d̲.
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. 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. 1980-144 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1980-144 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 exercise of the county home rule power is restricted or limited by, in̲t̲e̲r̲ a̲l̲i̲a̲, "all acts of the legislature concerning elections ... and the election of county officers." Thus, a charter resolution by which a county would exempt itself from the provision of K.S.A. 1979 Supp. 19-701, which statute provides for the election of county attorneys, is an impermissible and invalid exercise of the county home rule power. Cited herein: K.S.A. 1979 Supp. 19-101a, as amended by L. 1980, chs. 84, 85, K.S.A. 1979 Supp. 19-701, K.S.A. 22a-101, K.S.A. 1979 Supp. 22a-108.
