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Attorney General Opinion No 1981 202
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Book Synopsis Attorney General Opinion No. 1981-202 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-202 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: Duplication of copyrighted musical scores for the use of judges at state music festivals constitutes an infringement of the United States copyright laws. It does not represent a "fair use" of such copyrighted material within the meaning of 17 U.S.C.A. section 107, even though it is for a nonprofit, educational purpose, because: (1) It does not constitute duplication for the purpose of criticizing or commenting on the copyrighted works themselves; (2) even if regarded as being for the purpose of comment or criticism, duplication of an entire score exceeds the permissible amount which may fairly be reproduced as legitimately necessary for critical review; and (3) such duplication is intended primarily as a substitute for purchasing the original works. Cited herein: 17 U.S.C.A. sections 106, 107.
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. 1981-022 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-022 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: Although written requests for notice of government meetings are preferred and the absence of a written request makes prosecution under the Kansas Open Meetings Act nearly impossible, oral requests for notice are to be honored. In addition, meetings for the discussion of personnel matters of non-elected personnel may be held in executive session, but only after the notice requirements and procedures for recessing into closed sessions have been followed. Cited herein: K.S.A. 75-4317, 75-4317a, K.S.A. 1980 Supp. 75-4318, K.S.A. 75-4319, 75-4320.
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. 1981-176 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.
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. 1981-081 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. 1981-216 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. 1981-109 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-109 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: On and after July 1, 1981, if a member of a board of education abstains from voting on an issue without having previously announced a conflict of interest with regard to the issue, said board member shall be counted as having voted against the motion or resolution. Cited herein: K.S.A. 72-8205, as amended by 1981 H.B. 2474, section 1; K.S.A. 72-8230.
Book Synopsis Attorney General Opinion No. 1981-204 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-204 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 ownership by a township of a residence which is provided to the road supervisor is a public purpose, insofar as the supervisor also oversees the equipment, materials and supplies of the township that are kept on the premises, as well as maintaining the township hall. Accordingly, in the event that such residence is damaged or destroyed by fire, the township may issue general obligation bonds following an election approving same, with the proceeds used for repair or reconstruction. Cited herein: K.S.A. 1980 Supp. 80-104, K.S.A. 80-113.
Book Synopsis Attorney General Opinion No. 1981-272 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-272 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. 58-3048(c), the Real Estate Commission is vested with broad discretion concerning the text of information published by the Commission regarding its enforcement actions and the frequency of such publications, p̲r̲o̲v̲i̲d̲e̲d̲ only that the Commission publish such information that it deems of interest to the public, that it publish such information at least annually in conjunction with its publication of a list of names and addresses of all licensees, and that the manner of publishing such information be calculated to reach the general public. Cited herein: K.S.A. 1980 Supp. 58-3048, 58-3050, 58-3058, 75-6101, 75-6104 (as amended by L. 1981, chs. 357, 358, 359).
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. 1981-027 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-027 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: To be consistent with requirements of the United States Constitution, the provisions of K.S.A. 72-5393 can, and must, be construed as neither requiring nor authorizing the provision of therapeutic psychological and speech and hearing services, at public expense and by public employees, on parochial school premises. Instead, said provisions must be construed as requiring that such services be provided at the "truly religiously neutral locations" specified in the statute, i.̲e̲.̲, in the public schools of the school district, in public centers, or in mobile units located off the parochial school premises. Cited herein: K.S.A. 72-5392, 73-5393, U.S. Const., Amend. I, XIV.
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.
