Attorney General Opinion No. 1983-086

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Book Synopsis Attorney General Opinion No. 1983-086 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-086 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: K.S.A. 14-201 requires the city council of a city of the second class, to consent to mayorial appointments for city officials including police officers. Absent confirmation by the council, the appointee does not become a public officer of the city. Cited herein: K.S.A. 14-201.

Attorney General Opinion No. 1984-086

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Book Synopsis Attorney General Opinion No. 1984-086 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1984-086 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 Kansas Legislature has provided that there will be separate ballots for each political party participating in a primary election. When no person has sought the nomination of a political party to a particular office at a primary election, the law provides that the ballot shall list the office to be elected, followed by a blank space, so that party members may write in the name of any person they choose to nominate as their party candidate. K.S.A. 25-213, which prescribes the form of a primary election ballot, does not prohibit a person from appearing on the ballot as a candidate for nomination of one political party and at the same time receiving write-in votes sufficient to nominate the person for the same office on the ballot of another political party. K.S.A. 25-213 also does not prohibit a person from appearing on the primary election ballot of one political party as a candidate for nomination to one office and also receiving sufficient write-in votes to win the nomination to another office on the ballot of a different political party. K.S.A. 25-306, which prevents a person from accepting more than one nomination to the same office, applies only to nominations accomplished by convention, caucus, or independent petition and cannot be construed to apply to nominations accomplished by primary election. K.S.A. 25-613, which prescribes the form of general election ballots, does not prevent a single name from appearing twice on the same ballot, for the same or different offices. K.S.A. 25-123 addresses the problem of the simultaneous election of a single person to incompatible offices and clearly indicates a legislative intent to permit simultaneous candidacies for more than one office. Cited herein: K.S.A. 25-123; 25-206; 25-210; 25-213; 25-302; 25-303; 25-304; 25-306; 25-306b; 25-613; 25-3110; 25-3211; 25-3301; K.S.A. 1983 Supp. 25-205; 25-305.

Attorney General Opinion No. 1983-186

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Book Synopsis Attorney General Opinion No. 1983-186 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-186 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: For purposes of civil proceedings under the Code for Care of Children, the legislature defined types of behavior which would constitute sexual abuse by reference to sex offenses in the criminal code, however, it did not thereby intend to adopt a criminal definition of sexual abuse. Thus, while certain acts described as sex offenses in the criminal statutes may not be punishable crimes if committed with a child age 16 years or older; those same acts may constitute abuse of that child under the definition of that term in the Code for Care of Children. Cited herein: K.S.A. 21-3501, 21-3503, 21-3504 as amended by L. 1983, ch. 109; 21-3509, 21-3510, 21-3511, 21-3516, K.S.A. 1982 Supp. 38-1502 as amended by L. 1983, ch. 140, 42 U.S.C. sections 5102, 5104, 45 C.F.R. section 1340.2, 1340.14, 48 Fed. Reg. 3698 (January 26, 1983).

Attorney General Opinion No. 1983-124

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Book Synopsis Attorney General Opinion No. 1983-124 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-124 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: Utility services such as electricity, gas and water, provided solely by municipally owned or public utilities to their customers, are constitutionally protected property rights which cannot be terminated unless due process procedures of notice and the opportunity to be heard have been met. Cited herein: Fourteenth Amendment, U.S. Constitution.

Attorney General Opinion No. 1983-063

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Book Synopsis Attorney General Opinion No. 1983-063 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-063 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: County attorneys must maintain an office at the seat of justice, unless otherwise provided by law or the board of county commissioners. Cited herein: K.S.A. 19-2601.

Attorney General Opinion No. 1983-016

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Book Synopsis Attorney General Opinion No. 1983-016 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-016 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: The filing deadline for all city elections (in the absence of a charter ordinance providing otherwise) is 12:00 o'clock noon of the Tuesday preceding by 10 weeks the first Tuesday in April. Said deadline is mandatory, and the only recourse for a candidate, who was prevented from filing for a city office because of the failure of the city clerk to keep his or her office open until 12:00 o'clock noon on the prescribed date, is to seek relief from a court of law. Cited herein: K.S.A. 25-2109, as amended by L. 1982, ch. 157, section 6.

Attorney General Opinion No. 1986-066

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Book Synopsis Attorney General Opinion No. 1986-066 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1986-066 written by Robert T. Stephan and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Since K.S.A. 17-5815 was repealed in 1983, before any distributions were made to any of the priority 3 or 4 claimants the statute had spoken to, K.S.A. 17-5815, as repealed, is construed neither prospectively nor retrospectively in this fact situation. In absence of any state law on this point, federal law dictates priority status to all category 3 and 4 claimants of this insolvent savings and loan association in receivership. Cited herein: K.S.A. 17-5815, as repealed by L. 1983, ch. 86, section 5; 17-5824; 12 C.F.R. 569a.7(a)(1) through (4); 1983 Senate Bill No. 55.

Attorney General Opinion No. 1983-175

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Book Synopsis Attorney General Opinion No. 1983-175 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-175 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: K.S.A. 1982 Supp. 79-201k, which exempts aircraft used actually, regularly and exclusively in business or industry from property or ad valorem taxes, is not unconstitutional as a matter of law on the ground that the law lacks a rational basis. Cited herein: K.S.A. 1982 Supp. 79-201k, Kan. Const., Bill of Rights section 1, U.S. Const., Amend. XIV.

Attorney General Opinion No. 1983-178

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Book Synopsis Attorney General Opinion No. 1983-178 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-178 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: Criminal pretrial proceedings must be conducted in the county of venue unless the governing statute specifically permits the proceeding to be conducted in another county. A pretrial proceeding conducted in a county other than the county of venue, without specific statutory authorization therefor, unless waived, is void for lack of jurisdiction. Cited herein: K.S.A. 22-2901, K.S.A. 22-2902, Kan. Const., Bill of Rights section 10.

Attorney General Opinion No. 1983-116

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Book Synopsis Attorney General Opinion No. 1983-116 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-116 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: Section 4(d) of 1983 House Bill No. 2327 (L. 1983, ch. 171), the new Kansas Open Records Act, provides that each request for access shall be acted upon as soon as possible, but not later than three business days following receipt of the request. Only if the request cannot be met within this time must the custodian of the records provide an explanation of the cause for further delay. In addition, the phrases "provide access to" and "permit inspection of" are used interchangeably throughout the bill, and may accordingly be treated as synonymous for purposes of interpretation. Both phrases concern the right of the public to examine public records, and so are different than the right to make copies. Cited herein: L. 1983, Ch. 171.

Attorney General Opinion No. 1983-090

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Book Synopsis Attorney General Opinion No. 1983-090 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-090 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: Pursuant to the provisions of K.S.A. 55-211a, a city may enter into an agreement for the cooperative development of oil and gas rights, provided that such an agreement serves a public purpose. Cited herein: K.S.A. 55-211a, Kan. Const., Art. 12, section 5.

Attorney General Opinion No. 1983-025

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Book Synopsis Attorney General Opinion No. 1983-025 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-025 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: K.S.A. 82a-1316 provides that any contract for the withdrawal of water held in conservation storage by the state may be amended by written agreement of the parties, provided that such amendment does not affect the rate per unit of water or the minimum charge payable each year. Provisions specifying the point of withdrawal of water, however, may be amended so as to change the reservoir named in the contract. Such an amendment must, in order to have effect, be transmitted to and approved by the legislature in the same manner as water purchase contracts. Cited herein: K.S.A. 19-3435, 82a-1301, K.S.A. 1982 Supp. 82a-1307, K.S.A. 82a-1316, L. 1976, ch. 441, section 4, L. 1982, ch. 438, section 1.

Attorney General Opinion No. 1983-039

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Book Synopsis Attorney General Opinion No. 1983-039 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-039 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: The existence of statutes which provide that persons who have attained a prescribed age can give informed consent to receive medical treatment under certain circumstances, or which expressly relieve a physician or other health care provider from civil liability for competently furnishing certain medical services to minors, does not preclude the possibility that a particular minor may be capable of giving informed consent to receive other medical services or contraceptives. However, absent a statute which prescribes that all persons of a prescribed age can give informed consent to receive contraceptives or medical treatment, or which expressly relieves a physician or other health care provider from liability for providing contraceptives or medical treatment to persons less than the statutorily-prescribed age of majority, it would be a question of fact for the trier of facts to determine whether informed consent could be given by a particular person and whether such consent indeed had been given. Cited herein: K.S.A. 38-101, 38-123b, 65-2891, 65-2892, 65-2892a.

Attorney General Opinion No. 1983-091

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Book Synopsis Attorney General Opinion No. 1983-091 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-091 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: The United States Congress has the constitutional power to establish and control legal currency and specifically has determined that Federal reserve notes are legal tender for all debts, public charges, taxes and dues. Cited herein: 31 U.S.C. 371 (repealed), 31 U.S.C. sections 5101, 5103, U.S. Const. Art. 1, sections 8, 10.

Attorney General Opinion No. 1983-102

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Book Synopsis Attorney General Opinion No. 1983-102 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-102 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: Pursuant to K.S.A. 8-1008, as amended by 1983 Substitute for House Bill No. 2132, community-based alcohol and drug safety action programs are authorized to perform a variety of services relating to persons who have been arrested for the offense of driving while under the influence of alcohol. Included in such services are evaluations of persons being considered for diversion or who have been convicted but not yet sentenced. Certification of the programs which are authorized to so act in each judicial district is determined by the administrative judge of the district or, in the event such judge declines to do so, by the Secretary of the Department of Social and Rehabilitation Services. Such certification is for the limited purpose of providing the services specified by K.S.A. 8-1008, as amended, and does not act as a substitute for licensure under K.S.A. 65-4001 e̲t̲ s̲e̲q̲. and 65-4601 e̲t̲ s̲e̲q̲. In that diagnostic services are included within the definition of treatment contained in the latter acts, a community-based alcohol and drug safety action program must be licensed under such acts before it may offer such services under K.S.A. 8-1008, as amended. Cited herein: K.S.A. 8-1008, 8-1567, both as amended by 1983 Substitute for House Bill No. 2132, K.S.A. 65-4001, 65-4003, 65-4601, K.A.R. 1982 Supp. 30-31-2, L. 1982, ch. 144.

Attorney General Opinion No. 1983-021

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Book Synopsis Attorney General Opinion No. 1983-021 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-021 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: The Kansas Water Office, as the successor to the authority of the Kansas Water Resources Board, may enter into agreements with the federal government by which water may be held in storage by the state in projects constructed by agencies of the federal government. As provided by K.S.A. 1982 Supp. 82a-934, such agreements are binding upon the state to the extent that future appropriations are made in support thereof. While no applicable sections of the Kansas Constitution limit the period of time an appropriation may extend, K.S.A. 46-155 imposes a limit of at most four years for capitol improvement appropriations. As no exception has been made for water storage agreements, the Kansas Water Office is without authority to make agreements which do not contain the limiting language provided by K.S.A. 1982 Supp. 82a-934. However, as this statute does authorize the Water Office to reimburse the federal government for damages resulting from the use of, or a release from, water storage, it may agree to language which states this in a contract. Cited herein: K.S.A. 40-3405, 46-155, K.S.A. 1982 Supp. 75-4704b, 82a-934, Kan. Const., Art. 2, section 24, Art. 11, sections 6,7,9, 42 U.S.C.A. section 1962d-5b.

Attorney General Opinion No. 1983-069

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Book Synopsis Attorney General Opinion No. 1983-069 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-069 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: K.S.A. 68-515b provides that a board of county commissioners shall, upon the filing of a petition containing the requisite number of signatures, adopt the county road unit system. Any qualified elector may sign the petition, regardless of the location of his or her residence within the county. While county road employees are not barred by statute from assisting in the circulation of such a petition, they may not use public time or equipment in so doing. Cited herein: K.S.A. 46-236, 68-506, 68-515b, 68-516, 68-516c, 68-526, 68-5,100, K.S.A. 1982 Supp. 79-1947, U.S. Const., First Amend.