Attorney General Opinion No 1982 087

Download Attorney General Opinion No 1982 087 full books in PDF, epub, and Kindle. Read online Attorney General Opinion No 1982 087 ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!

Attorney General Opinion No. 1982-087

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (865 download)

DOWNLOAD NOW!

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.

Attorney General Opinion No. 1981-087

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (869 download)

DOWNLOAD NOW!

Book Synopsis Attorney General Opinion No. 1981-087 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-087 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: Charitable immunity, in contrast to governmental immunity, did not exist in the common law prior to the enactment of the Kansas. Constitution. As a result, a legislative grant of immunity to charitable organizations from suits arising out of the negligence of the organization in distributing free food would violate Section 18 of the Kansas Bill of Rights, which guarantees all persons who suffer injury a remedy by due course of law. Attorney General Opinion No. 80-187 is affirmed. Cited herein: K.S.A. 48-915, 48-936, 65-1127, 65-1462, 65-1652, 65-2891, 65-2898, Section 18, Kansas Bill of Rights.

Attorney General Opinion No. 1982-174

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (866 download)

DOWNLOAD NOW!

Book Synopsis Attorney General Opinion No. 1982-174 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1982-174 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 common law doctrine of incompatibility of offices precludes one person from simultaneously holding the offices of city manager and city treasurer in a city of the second class having a commission-manager form of government. Cited herein: K.S.A. 12-1001, 12-1011, 12-1014, 12-1024.

Attorney General Opinion No. 1974-087

Author : Vern Miller
Publisher :
ISBN 13 :
Total Pages : 5 pages
Book Rating : 4.:/5 (997 download)

DOWNLOAD NOW!

Book Synopsis Attorney General Opinion No. 1974-087 by : Vern Miller

Download or read book Attorney General Opinion No. 1974-087 written by Vern Miller and published by . This book was released on 1974 with total page 5 pages. Available in PDF, EPUB and Kindle. Book excerpt: "We are concerned here with the application of K.S.A. 75-4304(a) which states in pertinent part thus: "No public officer or employee shall in his capacity as such officer or employee, make or participate in the making of a contract with any person or business by which he is employed or in whose business he has a substantial interest, and no such person or business shall enter into any contract where any public officer or employee, acting in such capacity, is a signatory to or a participant in the making of such contract and is employed by or has a substantial interest in such person or business." ... The question may be raised whether the board action in question constitutes the making of a contract."

Attorney General Opinion No. 1982-183

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (867 download)

DOWNLOAD NOW!

Book Synopsis Attorney General Opinion No. 1982-183 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1982-183 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: As amended by L. 1982, ch. 144, section 5, K.S.A. 1981 Supp. 8-1567 provides that a person convicted of a violation of the offense of operating a motor vehicle while under the influence of alcohol may be required to perform public or community service work as an alternative to incarceration or payment of a fine. In assigning the work to be performed, a judge or court services division would be exercising judicial and discretionary functions, respectively, and would be exempt from liability under the Tort Claims Act, K.S.A. 1981 Supp. 75-6101 e̲t̲ s̲e̲q̲. However, as noted by Attorney General Opinion Nos. 81-98 and 82-157, the recipient organization (including local governments and non-profit corporations) may be liable for injuries and damages inflicted or suffered by persons acting within the scope of their designated community service duties. Cited herein: K.S.A. 1981 Supp. 8-1567 (as amended by L. 1982, ch. 144, section 5), K.S.A. 21-4610, K.S.A. 1981 Supp. 75-6102, 75-6104.

Attorney General Opinion No. 1982-216

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (867 download)

DOWNLOAD NOW!

Book Synopsis Attorney General Opinion No. 1982-216 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1982-216 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 common law doctrine of incompatibility of offices precludes one person from simultaneously holding the offices of city councilman in a city of the third class and a township officer in the township which contains such city. Attorney General Opinion No. 75-50 is withdrawn. Cited herein: K.S.A. 15-104, 25-1606, 80-1502, L. 1982, ch. 63.

Attorney General Opinion No. 1977-087

Author : Curt Thomas Schneider
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (885 download)

DOWNLOAD NOW!

Book Synopsis Attorney General Opinion No. 1977-087 by : Curt Thomas Schneider

Download or read book Attorney General Opinion No. 1977-087 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: Under the 1976 amendment to K.S.A. 20-904, the court reporter's fee of one dollar and fifty cents provided by that statute is to be assessed against the docket fee which is paid for the filing of actions under the Kansas Code of Civil Procedure, i.̲e̲.̲, civil actions, and is not required to be assessed against docket fees which are assessed and collected in criminal actions pursuant to K.S.A. 1976 Supp. 28-172a.

Attorney General Opinion No. 1982-150

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (865 download)

DOWNLOAD NOW!

Book Synopsis Attorney General Opinion No. 1982-150 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1982-150 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 contract which determines the custody of a child is void as against public policy. Cited herein: K.S.A. 23-128, 23-129, 23-130.

Attorney General Opinion No. 1982-169

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (866 download)

DOWNLOAD NOW!

Book Synopsis Attorney General Opinion No. 1982-169 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1982-169 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: As amended by L. 1982, ch. 144, K.S.A. 1981 Supp. 8-1567 contains new provisions for the sentencing of persons who are convicted of operating a vehicle while under the influence of alcohol. Additionally, the act amends K.S.A. 1981 Supp. 8-1001 to admit into evidence the defendant's refusal to take a chemical test for the presence of alcohol. While the act does not specifically provide that these changes will apply only to offenses committed after its effective date of July 1, 1982, such a result is necessary in view of the substantive, as opposed to merely procedural, nature of these two amendments. Accordingly, the above-referenced amendments are applicable only to offenses committed after the effective date of the act. Cited herein: K.S.A. 1981 Supp. 8-1001, 8-1567, both as amended by L. 1982, ch. 144, K.S.A. 21-3102, 22-4618.

Attorney General Opinion No. 1982-013

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (864 download)

DOWNLOAD NOW!

Book Synopsis Attorney General Opinion No. 1982-013 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1982-013 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 county may not assess the costs incurred in establishing government corners in conducting a legal survey; however, a county may adopt a resolution pursuant to K.S.A. 19-101a which would permit the county to assess the costs incurred in establishing boundaries to the benefitted landowners. Cited herein: K.S.A. 1980 Supp. 19-101a, K.S.A. 19-1423, 19-1427 (repealed).

Attorney General Opinion No. 1983-080

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (862 download)

DOWNLOAD NOW!

Book Synopsis Attorney General Opinion No. 1983-080 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-080 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 1983 amendments to K.S.A. 1982 Supp. 19-101a(a) permit a county to exempt itself from a nonuniform tax levy statute and provide substitute and additional provisions therefor, so long as the county's charter resolution specifies that a portion of the proceeds of any property tax levied by the county will be used to pay the principal of, and interest upon, bonds issued by a city under the authority of K.S.A. 12-1774, and amendments thereto. This amendment supersedes the conclusion reached in Attorney General Opinion No. 82-87. Cited herein: K.S.A. 12-1774, K.S.A. 1982 Supp. 19-101a, as amended by 1983 Senate Bill No. 302, section 1, 79-1946, 79-1947.

Attorney General Opinion No. 1982-175

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (866 download)

DOWNLOAD NOW!

Book Synopsis Attorney General Opinion No. 1982-175 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1982-175 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: K.S.A. 1981 Supp. 8-1567(c), as amended by section 5 of Senate Bill No. 699, establishes penalties for persons convicted of their first violation of the statute. Prior to the 1982 amendment, the subsection authorized a court to punish first time violators by imposing a specified jail sentence or a specified fine, "or by both such fine and imprisonment." In the amended statute, the word "and" replaces the word "or" between the term of imprisonment and the amount of the fine, although the phrase "or by both such fine and imprisonment" is retained. In that the intent of the legislature in altering the disjunctive "or" to the conjunctive "and" was to require both forms of punishment, the additional phrase allowing such is now mere verbiage, and adds nothing to the statute. Cited herein: K.S.A. 1981 Supp. 8-1567, as amended by L. 1982, ch. 144, section 5.

Attorney General Opinion No. 1982-152

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (865 download)

DOWNLOAD NOW!

Book Synopsis Attorney General Opinion No. 1982-152 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1982-152 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: As amended by 1982 Senate Bill No. 699, K.S.A. 1981 Supp. 8-1567 provides [at subsection (n)] that a city may enact an ordinance which prohibits or makes unlawful the same acts as are dealt with by the statute, provided that the ordinance's minimum penalties are the same as the statutes for any given violation, and the ordinance's maximum penalty does not exceed that of the statute. Apart from these limits, K.S.A. 1981 Supp. 8-1567 as amended does not preempt a city from taking action in this area. As amended by 1982 Senate Bill No. 699, K.S.A. 1981 Supp. 8-1567(c), (d) and (e) prohibit a prosecuting attorney from entering into any plea-bargaining agreement by which a defendant enters a guilty or no contest plea to a lesser offense than that originally charged. While no sanctions against such conduct exist under the statute, provisions of the general ouster law could be applied against prosecuting attorneys who violate the prohibition against plea-bargaining. Cited herein: K.S.A. 1981 Supp. 8-1567, as amended by 1982 Senate Bill No. 699, K.S.A. 22-2907, 22-2908.

Attorney General Opinion No. 1982-033

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (864 download)

DOWNLOAD NOW!

Book Synopsis Attorney General Opinion No. 1982-033 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1982-033 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 sole issue to be resolved at an administrative herring held under the "implied consent" law (K.S.A. 1981 Supp. 8-1001) is the reasonableness of a person's refusal to submit to a request to take a blood-alcohol test. At the hearing, the only testimony needed from the arresting officer is the sworn report required in the statute, and if the sworn report addresses the necessary issues, there is no need for the officer to attend the hearing. However, if the sworn report fails to discuss whether the licensee was capable of making a voluntary response to the request to submit to a blood-alcohol test, and it appears that this issue will be raised in the administrative hearing, the testimony of the arresting officer is essential and the attendance of the arresting officer may be compelled by subpoena [K.S.A. 8-255(b)]. Cited herein: K.S.A. 8-255, K.S.A. 1981 Supp. 8-1001 and K.S.A. 54-101.

Attorney General Opinion No. 1982-203

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (867 download)

DOWNLOAD NOW!

Book Synopsis Attorney General Opinion No. 1982-203 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1982-203 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: Pursuant to K.S.A. 28-137 (as amended by L. 1982, ch. 166, section 4), the party requesting publication of a legal notice in any court action or proceeding is responsible for payment of the fees and charges of the publisher, and a publisher may properly refuse to publish any such notice or to file proof of publication of the notice, unless such payment is made. However, there is nothing to preclude a publisher from accommodating the party requesting such publication and awaiting payment of the publication fees and charges until such time as costs are taxed in the action or proceeding. Cited herein: K.S.A. 28-137 (as amended by L. 1982, ch. 166, section 4).

Attorney General Opinion No. 1982-241

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (868 download)

DOWNLOAD NOW!

Book Synopsis Attorney General Opinion No. 1982-241 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1982-241 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 State Board of Pharmacy is not authorized, under the provisions of K.S.A. 65-1648 (as amended by L. 1982, ch. 262, section 5) or any other statute, to adopt a regulation which provides, expressly or by implication, that the issuance of standing orders is outside the authorized course of professional practice of a physician. However, the State Board of Healing Arts has jurisdiction to investigate complaints against practitioners who allegedly issue standing orders in contravention of standards of competent medical practice. A public health department or private not-for-profit family planning clinic may not distribute any drug to a patient where such distribution would violate any provision of the Uniform Controlled Substances Act, K.S.A. 65-4101 e̲t̲ s̲e̲q̲. A designated registered nurse, in charge of distributing drugs at a public health department or private not-for-profit family planning clinic (when a pharmacist is not on the premises), may supply the entire quantity of drugs necessary for treatment of a patient, if completion of the course of treatment ordered by the supervising practitioner entails supplying such a quantity of drugs. Cited herein: K.S.A. 65-1626 (as amended by L. 1982, ch. 182, section 138), 65-1648 (as amended by L. 1982, ch. 262, section 5), 65-4101, 65-4123 (as amended by L. 1982, ch. 269, section 7).

Attorney General Opinion No. 1987-087

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (828 download)

DOWNLOAD NOW!

Book Synopsis Attorney General Opinion No. 1987-087 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-087 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Kansas Take-Over Bids Act is unconstitutional pursuant to the Supremacy and Interstate Commerce Clauses of the United States Constitution. As applied to entities required to register securities under federal law, the state act is pre-empted. As applied to other entities, the act frustrates the neutral Congressional position between management and acquiring entities, and is therefore pre-empted. In addition, the act is invalid on the grounds that it creates an undue burden on interstate commerce. State regulation of tender offers is not entirely prohibited. However, if the state wishes to regulate, it must do so by legislative action rather than by judicial application of a broad severability clause. Cited herein: K.S.A. 17-1276; 17-1277; 17-1279; 17-1284; 17-1285; 15 U.S.C. sections 781, 78m, 78n, 78bb; 17 C.F.R. sections 240.14d, 240.14e.