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Attorney General Opinion No 1981 101
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Book Synopsis Attorney General Opinion No. 1981-101 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-101 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 order to identify the owner and property involved, a rezoning protest petition, filed pursuant to K.S.A. 12-708, should contain, on its face, the proper name in which title to the property is held, the address of the property, and the name of any person signing on behalf of a corporation, partnership or other organization. Additionally, the petition should contain some indication of the capacity or authority of a person signing on behalf of a corporation, partnership, or other organization. Each separate signature on a rezoning protest petition, filed pursuant to K.S.A. 12-708, need not be acknowledged in the form required for the acknowledgment of deeds, so long as there is a sufficient acknowledgment by one of the signers. Cited herein: K.S.A. 12-708.
Book Synopsis Attorney General Opinion No. 1981-286 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-286 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. 19-101a authorizes counties to transact county business only. Hence, a county is without authority to require a blood test as a condition precedent to obtaining a state marriage license. Cited herein: K.S.A. 1980 Supp. 19-101a, 23-101, K.S.A. 23-301.
Book Synopsis Attorney General Opinion No. 1981-214 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-214 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: Because of the doctrine of incompatibility of offices, a council member of a city of the second class may not also hold the position of director on a city port authority board created pursuant to K.S.A. 1980 Supp. 12-3401 e̲t̲ s̲e̲q̲. Cited herein: K.S.A. 1980 Supp. 12-3401, K.S.A. 12-3403, 14-101, 14-1060.
Book Synopsis Attorney General Opinion No. 1981-167 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-167 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. 17-1330(a) provides that a cemetary district may be established by a board of county commissioners following the receipt of a petition signed by not less than 51% of the electors residing in the proposed district. However, as the statute contains provisions which render it non-uniformly applicable to all counties, a county may exercise its home rule powers, pursuant to K.S.A. 1980 Supp. 19-101a, and exempt itself from the operation of said statute through the enactment of a resolution, pursuant to K.S.A. 19-101b, establishing different procedures for the creation of such a district. Cited herein: K.S.A. 1980 Supp. 17-1330, 19-101a, K.S.A. 19-101b.
Book Synopsis Attorney General Opinion No. 1981-287 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-287 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 deputy county clerk is not required by law to remain in the clerk's office at all times when the clerk is absent and may attend meetings with the clerk. The board of county commissioners has the authority to set office hours for the offices of elected county officials; however, the board may not set the working hours of the elected officials. Cited herein: K.S.A. 1980 Supp. 19-101a, K.S.A. 19-212, 19-302, 19-2601, K.S.A. 1980 Supp. 25-101, K.S.A. 25-702, K.S.A. 1980 Supp. 25-4301, K.S.A. 28-824, 60-1205, 75-714.
Book Synopsis Attorney General Opinion No. 1981-168 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-168 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, through the exercise of its statutory home rule powers under K.S.A. 1980 Supp. 19-101a e̲t̲ s̲e̲q̲., may exempt itself, by charter resolution, from the aggregate tax levy limitation prescribed in K.S.A. 79-5001 e̲t̲ s̲e̲q̲. Accordingly, Section 1 of Linn County Charter Resolution No. 3 properly exempts that county from said limitations, to the extent of the total costs incurred by the county for law enforcement. However, the county may not establish as a separate and distinct fund that portion of the county's general fund tax levy attributable to such law enforcement costs, as was attempted in Section 2 of said charter resolution. Thus, said section is invalid and void, as a matter of law, but may be severed from the remainder of the resolution, since the invalid section is not so interconnected with the valid sections that the severance thereof would contravene the intent of the board of county commissioners. (Attorney General Opinion No. 77-272 affirmed herein.) Cited herein: K.S.A. 1980 Supp. 19-101a, 19-241, 79-1946; K.S.A. 79-5001.
Book Synopsis Attorney General Opinion No. 1981-216 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-216 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: Unlike Kansas cities and counties which exercise constitutional or statutory "home rule" powers, school districts are creatures of statute and, as such, enjoy only those powers expressly conferred, by law, together with those implied powers which are necessary for the effective exercise and discharge of the powers and duties expressly conferred. No statutory authority exists, either expressly conferred or necessarily implied, authorizing the expenditure of school districts funds to contribute to a lobbying effort on a proposed state-wide severance tax. Cited herein: K.S.A. 1980 Supp. 19-101a, K.S.A. 19-101c, 72-1612, 72-1623, 72-5326, 72-8205, Kan. Const., Art. 12, section 5.
Book Synopsis Attorney General Opinion No. 1981-111 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-111 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: Due to the differing provisions of K.S.A. 1980 Supp. 79-2017 and 79-2101, county attorneys of counties having a population of 100,000 or less have the continuing duty to pursue collection procedures on personal property tax judgments, regardless of the vintage of the same. In addition, while both K.S.A. 1980 Supp. 79-2017 and 79-2101 concern the same subject and reflect a nonuniform state position relative to the time at which efforts to collect delinquent personal property tax judgments may be allowed to cease, counties may not exercise their home rule powers, pursuant to K.S.A. 1980 Supp. 19-101a, to establish their own policy concerning that subject. Cited herein: K.S.A. 1980 Supp. 19-101a, 79-2017 and 79-2101.
Book Synopsis Attorney General Opinion No. 1981-243 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-243 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 K.S.A. 1980 Supp. 19-1815e, as amended by L. 1981, ch. 118, section 1, nor K.S.A. 1980 Supp. 19-1878 authorizes the issuance of bonds for the purpose of making additions or enlargements to an existing medical clinic operated in connection with a county hospital. However, pursuant to K.S.A. 19-15,114, a board of county commissioners may issue bonds for the making of an addition or enlargement to an existing medical clinic. Cited herein: K.S.A. 1980 Supp. 10-306, 10-307, 19-101a, K.S.A. 19-101b, K.S.A. 19-15,114, K.S.A. 1980 Supp. 19-15,116, 19-1801, 19-1815e (as amended by L. 1981; ch. 118, section 1), 19-1878, K.S.A. 19-18,117.
Book Synopsis Attorney General Opinion No. 1981-146 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-146 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 Board of County Commissioners may adopt an administrative Personnel Policies and Procedures Manual pursuant to the general authority granted such board by K.S.A. 19-212, S̲i̲x̲t̲h̲. Such adoption may be made effective without publication of the manual in the official paper. Cited herein: K.S.A. 12-3007, 19-101, f̲o̲u̲r̲t̲h̲, K.S.A. 1980 Supp. 19-101a, K.S.A. 19-103, K.S.A. 19-212, S̲i̲x̲t̲h̲.
Book Synopsis Attorney General Opinion No. 1981-010 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-010 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 election to determine whether the number of county commissioner districts will be changed is a general election held on the Tuesday succeeding the first Monday in November on even-numbered years. Cited herein: K.S.A. 1980 Supp. 19-204, 25-101, K.S.A. 25-2501, 25-2502, 25-2507, K.S.A. 1980 Supp. 25-3901, K.S.A. 77-201, T̲w̲e̲n̲t̲y̲-̲S̲i̲x̲t̲h̲, K̲a̲n̲.̲ C̲o̲n̲s̲t̲.̲, Art. 4, Sec. 2. (Affirming Attorney General Opinion No. 80-181.).
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. 1982-186 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1982-186 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: The exercise of county home rule powers is restricted or limited by K.S.A. 19-101a, F̲o̲u̲r̲t̲h̲, regarding "acts of the legislature prescribing limits of indebtedness." Even though the limits of bonded indebtedness prescribed by K.S.A. 1981 Supp. 10-306 do not apply uniformly to all counties, a county is precluded by K.S.A. 19-101a, F̲o̲u̲r̲t̲h̲, from exempting itself from these limits. Cited herein: K.S.A. 1981 Supp. 10-306, K.S.A. 19-101a.
Book Synopsis Attorney General Opinion No. 1981-014 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-014 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: Where there is no federal legislation preempting a state's interest in exercising jurisdiction over juveniles residing within federal enclaves, the jurisdiction of a state district court does extend to hear and adjudicate proceedings pursuant to the juvenile code, with respect to neglected, wayward or abused children, concerning incidents occurring on the Fort Riley Military Reservation. Cited herein: K.S.A. 27-101, 27-102, 27-105, K.S.A. 1980 Supp. 38-806, U.S. Const. Art. I, section 8, cl. 17.
Book Synopsis Attorney General Opinion No. 1981-033 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-033 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 provisions of K.S.A. 1980 Supp. 19-117 are uniformly applicable to all counties in restricting the exercise of home rule powers regarding the enactment of tax and other revenue measures. Pursuant thereto, if there is no statutory procedure for levying any such tax or revenue measure, the provisions of K.S.A. 1980 Supp. 19-117 must be followed. However, if such a procedure has been prescribed by legislative enactment, a board of county commissioners must follow such statutorily-prescribed procedure. Thus, county home rule powers do not permit a board of county commissioners on its own initiative to submit to the county's electors the question of levying a tax to fund a service program for the elderly, because the procedure prescribed by K.S.A. 1980 Supp. 12-1680 for making such levy does not contemplate such action. To the extent of its conflicting conclusions, Attorney General Opinion No. 75-415 is to be disregarded. Cited herein: K.S.A. 1980 Supp. 12-1680, 19-101a, 19-117.
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. 1981-170 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-170 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: An attorney is not precluded from holding the office of county counselor where the attorney's spouse owns the official county newspaper, however, a county counselor serving pursuant to county resolution and fulfilling the duties of K.S.A. 19-247 is a public officer who must file a written report of substantial interest as provided by K.S.A. 75-4301 e̲t̲ s̲e̲q̲. Such statement must include ownership interests of the officer's spouse as required by K.S.A. 75-4301 and K.S.A. 75-4304, prohibits an officer from participating in the making of any contract in which he or she has a substantial interest. However, normally, the county counselor will not participate in the designating of or contracting with, local newspapers to publish official county documents. Cited herein: K.S.A. 12-1651, 12-1651a, K.S.A. 1980 Supp. 19-101a, K.S.A. 19-101b, 19-103, 19-227, 19-247, 64-108, 75-4301, 75-4304, 75-4305.
