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Attorney General Opinion No 1981 244
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Book Synopsis Attorney General Opinion No. 1981-244 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-244 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 the provisions of K.S.A. 74-3302 and K.S.A. 32-214, the Kansas Fish and name Commission may accept a donation of certain mined lands located in Cherokee County, Kansas. Cited herein: K.S.A. 32-214, 74-3302, 75-3036; K.S.A. 1980 Supp. 75-3739; and L. 1981, Ch. 25, section 6(a).
Book Synopsis Attorney General Opinion No. 1981-254 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-254 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. 58-2431 e̲t̲ s̲e̲q̲. govern the creation of trusts for the benefit of the state of Kansas. Among other requirements, said statutory provisions prescribe that the trustee of such a trust must be an agency of the state of Kansas, and that, in the case of written instruments, the beneficial interest in the trust must be accepted by the governor. The Kansas Fish and Game Commission must comply with the requirements of K.S.A. 58-2431 e̲t̲ s̲e̲q̲. prior to entering into any trust agreement whereby moneys are donated for the improvement of donated lands. Where the Kansas Fish and Game Commission is the trustee under a trust for the improvement of certain donated state lands, and is contracting for the improvement of such lands, the competitive bidding requirements prescribed by K.S.A. 1980 Supp. 75-3739 would apply. Kansas Attorney General Opinion No. 81-244 is modified as set forth herein. Cited herein: K.S.A. 58-2431, 58-2437, K.S.A. 1980 Supp. 75-3739.
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. 1974-244 by : Vern Miller
Download or read book Attorney General Opinion No. 1974-244 written by Vern Miller and published by . This book was released on 1974 with total page 4 pages. Available in PDF, EPUB and Kindle. Book excerpt: After discussions with the Office of Revenue Sharing, Department of the Treasury, Washington, D.C., we are constrained to withdraw our opinion no. 74-150, issued to you under date of May 16, 1974.
Book Synopsis Attorney General Opinion No. 1981-273 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-273 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 the provisions of certain statutes whereby cities may undertake work on private property and assess the cost thereof against the property, a city may assess only actual costs incurred by the city. A city may not, under said statutes, assess a purely arbitrary amount which purports to represent administrative and publication costs incurred by the city. However, where a city may demonstrably measure the administrative costs and publication costs attributable to a specific work project, said costs may be assessed against the property. Cited herein: K.S.A. 12-1617e, 12-1617f, 12-1755, 17-4759; L. 1981, Ch. 173, section 54.
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. 1977-244 by : Curt Thomas Schneider
Download or read book Attorney General Opinion No. 1977-244 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: For purposes of licensure by endorsement as provided by K.S.A. 65-2833, Guam is a "territory."
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. 1981-045 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. 1981-164 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. 1981-108 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-108 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. 9-1403, the designation of a specific "period of peak deposits" is permissible only where such period occurs at "tax paying time" or "tax distributing time." Cited herein: K.S.A. 1980 Supp. 9-1402, K.S.A. 9-1403, K.S.A. 1980 Supp. 12-1678a, and 1981 House Bill No. 2235.
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. 1981-014 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. 1981-081 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. 1981-002 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-002 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 legislature has provided for two official ballots for the election of officers at general elections. One such official general ballot contains the names of candidates for national and state offices, and the other contains the names of candidates for county and township officers. Thus, where a candidate's name is printed or written once on each of such ballots it does not contravene the statutory prohibition against a candidate's name being printed more than once on a ballot, or being written elsewhere on a ballot where it is printed. In order to avoid absurd and unreasonable consequences, and in order to effectuate an obvious legislative intent to separate the listing of candidates for state and national offices from the candidates for county and township offices, such provisions must be construed as applying with equal force and effect in those counties which use voting machines. Cited herein: K.S.A. 25-601, K.S.A. 1980 Supp. 25-604, 25-605, 25-605a, 25-613, 25-614, 25-616, 25-617, 25-618, K.S.A. 25-1318, 25-1320, 25-1343, 25-2905, 25-3003, 25-3103, 25-3801.
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. 1981-191 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-191 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 municipal ordinance which increases rates for electricity furnished by a municipal utility may not be applied retroactively, since such action violates federal and state constitutional prohibitions against laws impairing the obligation of contract. Cited herein: K.S.A. 12-3007.
