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Attorney General Opinion No 1981 122
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Book Synopsis Attorney General Opinion No. 1981-122 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-122 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: Since no other disposition of the Antique Vehicle Tax Registration fee imposed by subsection (b) of K.S.A. 1980 Supp. 8-167 is specifically prescribed by law, said fee is to be credited to the county's general fund. Cited herein: K.S.A. 1980 Supp. 8-145, 8-167, 28-175, 28-315, K.S.A. 28-617, K.S.A. 1980 Supp. 28-1006, L. 1980, ch. 325, section 7.
Book Synopsis Attorney General Opinion No. 1982-122 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1982-122 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: A temporary note, issued by a municipality under the provisions of K.S.A. 1981 Supp. 10-123, constitutes a "bond" of that municipality for the purposes of K.S.A. 10-131, governing investment of the proceeds of certain bond issues. Pursuant to K.S.A. 10-131 the governing body of a municipality may make deposits of temporary note proceeds in commercial banks or trust companies located in the county or counties in which the municipality is located. Cited herein: K.S.A. 1981 Supp. 10-123, 10-131.
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. 1982-087 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1982-087 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 act which originally created township zoning boards, L. 1939, ch. 164, was nonuniform in its application due to language contained in section 1 (now K.S.A. 19-2901). By virtue of amendments in 1981 (L. 1981, ch. 122), the nonuniform language was removed, leaving K.S.A. 19-2901 through 19-2910 and 19-2912 and 19-2913 uniform in their application and thus not subject to the home rule power of a county under K.S.A. 19-101a e̲t̲ s̲e̲q̲. While K.S.A. 19-2911 does contain a subsection which is nonuniform, the nonuniformity is a result of a legislative act which did not amend the remaining sections of K.S.A. 19-2901 e̲t̲ s̲e̲q̲. Thus, the nonuniformity of K.S.A. 29-2911 does not affect the uniform applicability of these other sections. Furthermore, as the nonuniform language was part of an act affecting central business district redevelopment bonds, K.S.A. 19-101a(a), E̲l̲e̲v̲e̲n̲t̲h̲, acts to prevent a county from exempting itself from even this single statute. Cited herein: K.S.A. 1981 Supp. 12-1774, K.S.A. 19-101a, 19-101b, 19-2901, 19-2911, L. 1979, ch. 52, section 121, L. 1980, ch. 91, L. 1981, ch. 122, section 1.
Book Synopsis Attorney General Opinion No. 1981-173 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-173 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: Since state law has not determined whether greyhound operations, i.e., raising, breeding and training greyhounds to be sold for racing purposes, constitute "agriculture" for zoning purposes, a county may establish its own zoning classification pursuant to its zoning authority. Feedlots are properly classified as agricultural pursuits for zoning purposes and, thus, are not subject to county zoning regulations. Cited herein: K.S.A. 14-1402, 19-2901 (as amended by L.1981, ch. 122, section 1), 19-2908, 19-2913, 19-2914, 19-2926, 19-2927, 47-414, 47-1501, and 79-1301.
Book Synopsis Attorney General Opinion No. 1984-122 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1984-122 written by Robert T. Stephan and published by . This book was released on 1984 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 council member and clerk of the municipal court in a city of the third class having a mayor-council form of government. Cited herein: K.S.A. 12-4108.
Book Synopsis Attorney General Opinion No. 1981-245 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-245 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 primary responsibility for plugging an abandoned oil or gas well is placed by Kansas statute upon the owner or operator of the well, in that he is also liable for any damage that is done to surrounding property by seepage of salt water from such well. K.A.R. 82-2-301 e̲t̲ s̲e̲q̲. provide procedures which are to be followed when such a well is plugged, including a requirement (at K.A.R. 82-2-304) that the owner or operator file an affidavit with the Kansas Corporation Commission (KCC) upon completion of the operation. While this affidavit is required to be verified by an agent of the KCC, by means of a second affidavit, neither the filing of this verification nor the affidavit relieve an owner or operator of civil liability should damage result to surrounding land, but at most provide a presumption that accepted procedures for plugging such wells were followed. Cited herein: K.S.A. 55-121, K.S.A. 55-122, K.S.A. 1980 Supp. 55-128, 55-128a, K.S.A. 55-139, 55-140, 55-142, K.A.R. 82-2-302, 82-2-303, 82-2-304, 82-2-312, 82-2-313.
Book Synopsis Attorney General Opinion No. 1981-045 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-045 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: There are no statutory obstacles to an election commissioner also holding the office of mayor of a city of the second class. Moreover, the common law doctrine of incompatibility of offices does not preclude such simultaneous incumbencies.
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.
Book Synopsis Attorney General Opinion No. 1981-222 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-222 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: For criminal conduct which the State has declared to constitute a felony, municipalities may not exercise concurrent jurisdiction by redefining such offense as a misdemeanor in violation of municipal ordinance. Cited herein: K.S.A. 21-3707, 21-3102, 21-3108, K.S.A. 1980 Supp. 12-4104, 22-2601.
Book Synopsis Attorney General Opinion No. 1981-106 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-106 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 the Kansas Open Meetings Law preclude the election of the acting president of the City Council of Merriam by secret ballot. Cited herein: K.S.A. 1980 Supp. 75-4318.
Book Synopsis Attorney General Opinion No. 1981-283 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-283 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: L. 1981, Ch. 156 section 2(g) does not require that an inmate convicted of a class A, B or C felony by reason of aiding, Abetting, advising or counseling another to commit a crime, or by reason of the principle provided for in subsection (2) of K.S.A. 21-3205, serve one-half of the minimum term of imprisonment imposed by the court. Rather, the law requires that the inmate serve one-half of the term of imprisonment which would be required had not the aiding, abetting, etc. come into play. Thus, on a class A felony conviction, parole eligibility would occur after seven and one-half years of confinement and on a class B or C felony conviction, parole eligibility would occur after service of one-half of the minimum sentence imposed less good time credits available. Cited herein: L. 1981, Ch. 156.
Book Synopsis Attorney General Opinion No. 1981-110 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-110 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 no statute exists exempting firemen, whether regular or volunteer, from jury duty, a court may, in its discretion, excuse persons holding either position from such service, pursuant to K.S.A. 43-159, as they are persons whose presence elsewhere could be required for the public safety and welfare. Cited herein: K.S.A. 43-159, 48-211, 48-512.
Book Synopsis Attorney General Opinion No. 1981-160 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-160 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 city of Newton may, pursuant to the home rule powers set forth in Article 12, section 5 of the Kansas Constitution, become a limited partner (with no right or obligation to share in partnership profits or losses) in a limited partnership which proposes to construct a wind turbine system and sell electricity to the city of Newton (for use in operating the city's water supply facility) at a rate less then it now pays to a privately-owned electric utility. Cited herein: K.S.A. 10-1202, 10-1203, 12-801, 12-826, 12-842, 12-843, 13-1209, 13-1220, 13-1242, 56-122; Kan. Const., Art. 12, Section 5.
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. 1981-071 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. 1981-066 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.
