Attorney General Opinion No 1981 003

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Attorney General Opinion No. 1981-003

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. 1981-003 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-003 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. 1979 Supp. 38-717 imposes a duty on specified classes of persons involved in medical or health-related professions to report suspected cases of physical or mental abuse or neglect which involve children under the age of 18 whom they have examined, attended or treated. The statutory duty would not be imposed in the case where information regarding the suspected abuse was obtained from an indirect source (i.̲e̲.̲ a parent or other individual), although the statute does make reporting in such situations discretionary. However, a failure to act, even in situations made discretionary by statute, could create the potential for liability in tort should further injury result. Cited herein: K.S.A. 1979 Supp. 38-716, 38-717.

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. 1981-028

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. 1981-028 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-028 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: Municipal airport property may be leased only for those purposes "directly or incidentally and necessarily required for the successful and proper operation" of the airport, and cannot be leased for commercial ventures unrelated to aviation purposes. (Affirming Attorney General Opinion No. 75-402.) Cited herein: K.S.A. 1980 Supp. 3-113, K.S.A. 3-116.

Attorney General Opinion No. 1981-070

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. 1981-070 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-070 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 various programs established by credit unions for their respective members, whereby certain written instruments, payable either on or through a bank, are used by such members for the withdrawal of money from their credit union accounts, the making, drawing, issuing or delivering of any such instrument is embraced by K.S.A. 21-3707, the worthless check statute, in the event there are insufficient funds on deposit to cover such instrument. Cited herein: K.S.A. 21-3707, 84-3-102, 84-3-104, 84-3-120, R.S. 21-554.

Attorney General Opinion No. 1981-057

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. 1981-057 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-057 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. 1980 Supp. 82a-1036, only the Chief Engineer, Division of Water Resources, of the Kansas State Board of Agriculture may initiate proceedings to designate an intensive groundwater use control area which is not within an existing groundwater management district. While an irrigation district may request the initiation of such proceedings, the request is advisory only and is not of legal effect. Cited herein: K.S.A. 1980 Supp. 82a-1036.

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. 1981-176

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. 1981-176 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-176 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 common law doctrine of incompatibility of offices precludes a school board member from simultaneously holding the office of county commissioner or the office of mayor of a third class city with a mayor-council form of government. Cited herein: K.S.A. 13-2002, 14-301, 14-1402 and 15-301.

Attorney General Opinion No. 1981-104

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. 1981-104 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-104 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: While a city possesses the power to adopt zoning regulations affecting land located outside the city, such grant of power does not extend to the enforcement of building codes in the same area. As the ordinances of a city may not, in the absence of a specific grant of authority, be enforced in an extraterritorial manner, such an extension is not permissible here, where no such statute exists. Additionally, pursuant to K.S.A. 12-702, a city planning commission must have 2 members who reside outside but within 3 miles of the city, with the rest being city residents. This statutory requirement exists independently of any limits imposed by the city on the scope of the commission's authority. Cited herein: K.S.A. 12-702, 12-715b.

Attorney General Opinion No. 1982-058

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (864 download)

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Book Synopsis Attorney General Opinion No. 1982-058 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1982-058 written by Robert T. Stephan and published by . This book was released on 1982 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to K.A.R. 1981 Supp. 63-3-11(f), a dead human body need not be placed in a casket or wooden container in order to be cremated. If a casket is not used, the body shall be placed in a suitable combustible container. Kansas Administrative Regulations promulgated by the Kansas State Board of Embalming govern the transportation of embalmed or unembalmed bodies. Cited herein: K.A.R. 63-3-10, K.A.R. 1981 Supp. 63-3-11, K.A.R. 63-3-12, 63-3-14.

Attorney General Opinion No. 1981-044

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. 1981-044 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.

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. 1981-030

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. 1981-136

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. 1981-136 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-136 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 express prohibition in K.S.A. 1980 Supp. 19-205 precludes one person from simultaneously holding the offices of county commissioner and city clerk. Cited herein: K.S.A. 10-803, K.S.A. 12-3003, and K.S.A. 1980 Supp. 19-205.

Attorney General Opinion No. 1981-164

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. 1981-164 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.

Attorney General Opinion No. 1981-048

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. 1981-048 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-048 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 Reports of the decisions of the Kansas Supreme Court and Court of Appeals may be copyrighted as compilations. However, any such copyright cannot cover the opinions of the judges and justices or other material prepared by them in the discharge of their judicial duties. The copyright protection afforded the Reports is limited to the Appellate Reporter's own work and labor in the production of the Reports. The publication of advance sheets without copyright notice under copyright laws existing prior to January 1, 1978, resulted in forfeiture of the copyright on the material contained therein, which cannot be revived by subsequent publication in copyrighted volumes of the Reports. However, the publication of advance sheets without copyright notice after that date under current copyright laws does not constitute a forfeiture, and the works are protected from infringement as long as they are properly registered within five years after first publication. Neither one of these circumstances affects the validity of the copyright of the Reports as a compilation of preexisting material, but the copyright can only cover new and original material contributed by the reporter. The use made of the Reports by West Publishing Company and K-Bar Research, Inc., pursuant to licensing agreements, has not resulted in forfeiture of the copyright protection afforded the Reports. Cited herein: K.S.A. 20-206, K.S.A. 1980 Supp. 20-211, 17 U.S.C.A. sections 1, 3, 10, 19, 102, 103, 106, 405, P.L. 94-553, U.S. Const., Art. I, section 8.

Attorney General Opinion No. 1981-107

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. 1981-107 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-107 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 common law doctrine of incompatibility of offices precludes one person from simultaneously holding the offices of city councilman and municipal judge in a city of the third class having a mayor-council form of government. Cited herein: K.S.A. 15-204, 15-209.

Attorney General Opinion No. 1981-239

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. 1981-239 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-239 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 sale of investment certificates by investment companies is restricted by K.S.A. 16-601 e̲t̲ s̲e̲q̲. Two such restrictions apear at K.S.A. 16-601 (8) and (9) (as amended by L. 1981, ch. 90, section 1). The former proscribes loans from investment companies in excess of a specified percentage of the unimpaired capital of the company, except where the loan is to a majority-owned affiliate or subsidiary Kansas corporation of the company or of its parent corporation. An affiliate of the company's parent which was not a Kansas corporation would accordingly not be a proper recipient of such a loan. Furthermore, such a transaction would not come under the exception for the purchase of commercial paper contained in K.S.A. 16-601(8), nor is it an investment which is "inherent" to the business of the investment company as required by K.S.A. 16-601(9). Cited herein: K.S.A. 16-601(8), 16-601(9) (both as amended by L. 1981, ch. 90, section 1), K.S.A. 16-613, 16-620, K.S.A. 1980 Supp. 16a-2-302 (as amended by L. 1981, ch. 95, section 1), K.S.A. 84a-3-104.