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Attorney General Opinion No 1981 071
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Book Synopsis Attorney General Opinion No. 1981-071 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-071 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 county election officer has no authority to determine the sufficiency of the question stated in the petition for elections but such officer may find a petition insufficient for failure to include an individual date line for each petitioner signing. Cited herein: K.S.A. 25-3601, K.S.A. 1980 Supp. 25-3602, Kan. Const., Art. 12, section 5.
Book Synopsis Attorney General Opinion No. 1981-231 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-231 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: Community colleges are required to use the generally accepted accounting principles embodied in the chart of accounts specifically prescribed for community colleges under authority of K.S.A. 71-211, and may not exercise the authority granted by subsection (d) of K.S.A. 1980 Supp. 75-1120a (as amended by L. 1981, ch. 327, section 1) to obtain a waiver of the use of such principles required by subsection (a) thereof. A municipality may request and obtain a waiver of such requirements as they pertain to the preparation of financial statements and reports resulting from any audit of such municipality which is or will be conducted after July 1, 1981, the effective date of the 1981 amendment to K.S.A. 1980 Supp. 75-1120a. Although the 1981 amendment to K.S.A. 1980 Supp. 75-1120a authorized a municipality to obtain a waiver of the requirements of subsection (a) thereof as to the use of generally accepted accounting principles, subsection (c) of that statute, regarding fixed asset records, operates as a limitation on such waiver authority. Accordingly, a municipality may not obtain a waiver of the use of generally accepted accounting principles, as they pertain to the preparation and maintenance of fixed asset records, after or so as to extend beyond January 1, 1982. Cited herein: K.S.A. 71-211, K.S.A. 1980 Supp. 75-1117, 75-1120, 75-1120a (as amended by L. 1981, ch. 327, section 1) 75-1121, 75-1122, 75-1124.
Book Synopsis Attorney General Opinion No. 1982-071 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1982-071 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: Water districts (K.S.A. 19-3501 e̲t̲ s̲e̲q̲.), watershed districts (K.S.A. 24-1201 e̲t̲ s̲e̲q̲.) and irrigation districts (K.S.A. 42-357 e̲t̲ s̲e̲q̲.) are public agencies within the contemplation of 40 U.S.C. section 484. As such, they are eligible to receive surplus federal property made available to the state of Kansas under that statute, and distributed under the supervision of the Secretary of Administration pursuant to K.S.A. 27-311. Cited herein: K.S.A. 1981 Supp. 2-1319, K.S.A. 19-3501, 19-3502, 24-1201, 24-1209, 27-201, 27-311, 42-357, 42-365, 42-372, 42-377, 42-388a, 42-388g, K.S.A. 1981 Supp. 79-3602, 40 U.S.C. section 484.
Book Synopsis Attorney General Opinion No. 1986-071 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1986-071 written by Robert T. Stephan and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Grain Inspection Department may require additional security of a grain warehouse operator who is currently petitioning for bankruptcy under Chapter 11 of the United States Code. Cited herein: 11 U.S.C. section 301; section 302; section 303; section 362; K.S.A. 1985 Supp. 34-228(b)(1); 34-229(e); 34-2,100.
Book Synopsis Attorney General Opinion No. 1979-071 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1979-071 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: The director, agents and designated employees of the Alcoholic Beverage Control Division of the Department of Revenue are "law enforcement officers" within the meaning of K.S.A. 1978 Supp. 38-805c; therefore, such personnel are entitled to juvenile arrest/apprehension reports regarding illegal alcoholic beverage transactions which are in the possession of law enforcement agencies.
Book Synopsis Attorney General Opinion No. 1982-223 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1982-223 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: K.S.A. 71-401 concerns only a person who is a resident of a county in which there is located the principal campus of the community college in which the person is enrolled, but who has not been a resident of that county for six months or more. K.S.A. 71-401 creates an exception to the general rule that out-district tuition is not paid for a person enrolling in a community college whose current residence is in the county in which the principal campus of the community college is located. The statute evidences a legislative intent that if a person enrolls in a community college located in the county of such person's residence, but such residence has not been established for at least six months prior to such enrollment, then the current residence of the person is to be ignored, and reference made to the former residence of the person for the purpose of determining whether out-district tuition is to be charged for said person. Cited herein: K.S.A. 1981 Supp. 71-301 (as amended by L. 1982, ch. 282, section 1), K.S.A. 71-304, 71-305, 71-401, 71-406.
Book Synopsis Attorney General Opinion No. 1987-071 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-071 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: K.S.A. 12-1789 authorizes the filing of a petition in opposition to the continuation of a business improvement district. The sufficiency of such a petition is to be determined in accordance with the provisions of K.S.A. 25-3601 e̲t̲ s̲e̲q̲. Cited herein: K.S.A. 12-1781; 12-1789; 25-3601; 25-3602.
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. 1981-091 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-091 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: Generally, under Kansas law the relationship between the depositor of grain and a grain storage warehouse is that of a bailment. The depositor's interests are normally preferred over secured and unsecured creditors in insolvency proceedings under the Federal Bankruptcy Code. Such preferred legal status does not prevent the trustee in bankruptcy from exercising temporary jurisdiction over stored grains in the debtor's warehouse until ownership rights of the bailor can be established. However, the trustee must exercise this control in the interests of ownership rights of the holders of documents of title. Cited herein: K.S.A. 34-227, 34-270, 34-2104, 84-2-305, 11 U.S.C.A. 725 (Supp. 1980).
Book Synopsis Attorney General Opinion No. 1981-055 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-055 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: In light of well-established rules of statutory construction, the literal import of the provisions of subsection (k) of K.S.A. 66-1,109 must be disregarded to some extent, and that subsection must be interpreted as providing an exemption from the state corporation commission's regulation to those persons who operate the multi-passenger motor vehicles specified therein. Furthermore, that subsection's exclusion of certain "individuals" from such exemption applies only to natural persons and does not apply to corporations, partnerships, associations or other artificial persons. Cited herein: K.S.A. 66-1,108, 66-1,109, 66-1,111, 66-1,146.
Book Synopsis Attorney General Opinion No. 1978-071 by : Curt Thomas Schneider
Download or read book Attorney General Opinion No. 1978-071 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: If an officer or employee of a state district court is named as a defendant in a suit seeking damages for alleged nonfeasance, misfeasance or malfeasance of the duties of his or her office or employment, the Attorney General, upon timely notice by the defendant and request therefor, is authorized to provide for the defense of such officers and employees. Any such defendant remains personally liable for any judgment entered in such action, and for payment of any obligation agreed upon in settlement of the claim. Judicial immunity may be available to the defendant in such a case if the claim arises out of the performance of duty entailing the exercise of quasi-judicial discretion. However, neither absolute nor limited immunity may be available, depending upon the nature of the claim, if it relates to the mandatory, nondiscretionary duties of the office or employment.
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. 1981-139 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-139 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 private citizen serving as the consumer representative on an institutional review board supervising research projects involving human beings is an employee within the meaning of the Kansas Tort Claims Act. Such person is not rendering professional services so as to be excepted from the Act by the terms of K.S.A. 1980 Supp. 75-6115, and such person is entitled to the defenses provided in the Act, (see K.S.A. 1980 Supp. 75-6104), legal representation, (see K.S.A. 1980 Supp. 75-6108), and indemnification (see K.S.A. 1980 Supp. 75-6109). Cited herein: K.S.A. 1980 Supp. 40-3401, 75-6102, 75-6103, 75-6104, 75-6108, 75-6109, 75-6111, and 75-6115, 21 CFR sections 56.101-124, 45 CFR sections 46.101-110, 45 Fed. Reg. 77384 (Nov. 21, 1980).
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. 1977-071 by : Curt Thomas Schneider
Download or read book Attorney General Opinion No. 1977-071 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: A rule proposed for adoption by the Joint Committee on Special Claims restricting compensation which a claimant may pay to an attorney retained to represent the claimant before the committee is unnecessary, for such contingent fee agreement is already prohibited by K.S.A. 1976 Supp. 46-267.
Book Synopsis Attorney General Opinion No. 1983-071 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1983-071 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to K.S.A. 79-405 and 79-406, a county clerk has the duty to execute a plat of any subdivision or lot when such is owned by two or more persons and the legal description of the property is insufficient for purposes of assessment and taxation. Upon completion, such plat is to be filed for record with the register of deeds, and thereafter has the same effect as a plat executed and filed by the owner or owners of property. However, in the event that real estate taxes are due and owing on property platted by a county clerk pursuant to the above-referenced statutes, K.S.A. 19-1207 proscribes the register of deeds from recording the plat until taxes on the property are paid. In the case where a clerk has prepared a plat but taxes remain unpaid, the plat may not be filed due to K.S.A. 19-1207, but may be used only for the purposes originally intended, i.̲e̲.̲, assessment and taxation. Cited herein: K.S.A. 19-1207, 79-405, 79-406, K.S.A. 1982 Supp. 79-408, 79-1803.
Book Synopsis Attorney General Opinion No. 1981-066 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-066 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 statutory requirements for the execution of deeds and other instruments for the conveyance of a corporation's real property or an interest therein are prescribed by K.S.A. 17-6003(g). As long as there is compliance with such requirements, provisions in the corporation's bylaws requiring execution of such instruments by officers of the corporation in addition to those specified in said statute are permissible. However, failure to comply with these bylaw requirements does not, as a general rule, affect the validity of a conveyance made in compliance with the statutory requirements. Cited herein: K.S.A. 17-6003, K.S.A. 1980 Supp. 17-6009, G.S. 1868, ch. 23, section 38.
