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Attorney General Opinion No 1981 172
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Book Synopsis Attorney General Opinion No. 1981-172 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-172 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 plan whereby retail merchants in a given area pay an advertising agency to print their coupons on the reverse side of cash register tapes, which tapes are then sold at a discount to grocery store chains in the same area, and shoppers at the grocery stores can then redeem the coupons from the retail merchants for discounts on items which these merchants stock and sell, is exempted from coverage under the Kansas Trading Stamp Act and not violative of the same. Cited herein: K.S.A. 21-2801 e̲t̲ s̲e̲q̲., K.S.A. 1980 Supp. 21-2803.
Book Synopsis Attorney General Opinion No. 1981-263 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-263 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: Subsection (e) of K.S.A. 1980 Supp. 25-4406 requires that, to be approved for use in Kansas, an electronic or electromechanical voting system must prevent the voter from casting more votes for an office or candidate than that which the voter is entitled by law to cast for such office or candidate, and a voting system which does not prevent "overvoting" in the first instance, but merely rejects all votes for an office or candidate by a voter who has overvoted, does not meet these requirements. Any such voting system which does not provide an enclosed voting station which conceals the voter from observation, view or detection while voting does not meet the requirements in K.S.A. 1980 Supp. 25-4406(h) that such voting system must provide for voting in "absolute secrecy." In evaluating whether an electronic or electromechanical voting system should be approved for use in Kansas, the secretary of state is limited to a consideration of whether the voting system satisfies the requirements of K.S.A. 1980 Supp. 25-4406 and can be used safely. Cited herein: K.S.A. 1980 Supp. 25-1310, K.S.A. 25-2703 (as amended by L. 1981, ch. 169, section 1), K.S.A. 1980 Supp. 25-4401, 25-4404, 25-4405 (as amended by L. 1981, ch. 172, section 1), 25-4406.
Book Synopsis Attorney General Opinion No. 1978-172 by : Curt Thomas Schneider
Download or read book Attorney General Opinion No. 1978-172 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: The Secretary of State should publish in the 1978 Session Laws only the correctly engrossed copy of Substitute for Senate Bill 849 which correctly reflects amendments thereto as finally approved by both houses of the legislature. The first version of the bill, signed by the governor and forwarded to the Secretary of State, does not correctly reflect the terms of the measure as finally passed by both houses, and only the second, and correctly engrossed bill, signed subsequently by the governor should be published in the 1978 Session Laws.
Book Synopsis Attorney General Opinion No. 1979-172 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1979-172 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 Secretary of State does not have authority to sell or convey any interest in islands in navigable streams pursuant to K.S.A. 1978 Supp. 82a-209 or any other statute. Absent such statutory delegation of the legislature's authority, the Secretary of State may not exercise such powers.
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. 1981-164 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. 1981-106 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. 1981-045 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. 1981-222 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. 1981-081 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-081 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. 19-723, which authorizes the board of county commissioners to employ an additional attorney to assist the county attorney, involves a discretionary power held by the board and does not mandate such special assistant be employed. Cited herein: K.S.A. 19-723, G.S. 1949, 19-718.
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. 1981-177 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-177 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 a company that is regularly engaged in a wholesale business accepts money on deposit from its employees, such company is engaged in a banking business, as provided in K.S.A. 9-702. Accordingly, such company is subject to the requirements of the state banking code. Cited herein: K.S.A. 9-702.
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.
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. 1976-172 by : Curt Thomas Schneider
Download or read book Attorney General Opinion No. 1976-172 written by Curt Thomas Schneider and published by . This book was released on 1976 with total page 3 pages. Available in PDF, EPUB and Kindle. Book excerpt: Senate Bill 994 provides that the date of participation in the regent's plan for all individuals so electing is August 18, 1976, and that no matching amounts will be provided for lump sum payments to KPERS.
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. 1981-216 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.
