Attorney General Opinion No. 1985-003

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Book Synopsis Attorney General Opinion No. 1985-003 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1985-003 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In the absence of a statute to the contrary, a register of deeds lacks authority to allow changes to be made in the real estate records of the county in order to correct errors made in original instruments that were properly recorded by the register of deeds. If the parties to a recorded instrument discover an error in the original instrument, a document containing the correct information should be prepared and recorded. The register of deeds is an elected county officer whose duties are prescribed by law. No other officer or entity is charged with the responsibility of supervising the activities of the register of deeds. However, like the actions of any other public officer, the actions of a register of deeds are subject to review by the courts and the electors of the county. Cited herein: K.S.A. 19-1204, 58-2221.

Attorney General Opinion No. 1985-008

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Book Synopsis Attorney General Opinion No. 1985-008 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1985-008 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The common law doctrine of incompatibility of offices does not preclude one person from simultaneously holding the offices of deputy sheriff and mayor of a third class city having the mayor-council form of government. Cited herein: K.S.A. 15-301, 15-308, K.S.A. 1984 Supp. 19-805, K.S.A. 19-812, 19-813.

Attorney General Opinion No. 1986-003

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Book Synopsis Attorney General Opinion No. 1986-003 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1986-003 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: A county attorney is required to file the appropriate pleadings for, and appear in, proceedings following an adjudication that a child is in need of care pursuant to the Kansas Code for Care of Children, K.S.A. 1984 Supp. 38-1501 e̲t̲ s̲e̲q̲. and K.S.A. 1984 Supp. 19-702. In that these services are a statutory duty, a county attorney is entitled to no additional compensation for such services. Cited herein: K.S.A. 1984 Supp. 19-702; 38-1502(e), as amended by L. 1985, ch. 144, 51 and ch. 145, 53; 38-1510; 38-1529; 38-1562; 38-1581.

Attorney General Opinion No. 1985-031

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Book Synopsis Attorney General Opinion No. 1985-031 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1985-031 written by Robert T. Stephan and published by . This book was released on 1985 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 council member and county clerk. Cited herein: K.S.A. 79-1965, 79-5004.

Attorney General Opinion No. 1985-030

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Book Synopsis Attorney General Opinion No. 1985-030 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1985-030 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A city personnel policy which prohibits a police officer from becoming a candidate for board member of a unified school district within the city is justified by the city's compelling interest in maintaining the integrity of its police department, and is constitutional as applied to prohibit the candidacy of a police captain. Cited herein: U.S. Const., First Amendment.

Attorney General Opinion No. 1985-140

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Book Synopsis Attorney General Opinion No. 1985-140 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1985-140 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the provisions of K.S.A. 75-6116 (as amended by L. 1985, ch. 293, 11), the obligation of a city to pay attorneys fees incurred by a city officer in defending a civil rights action is subject to the conditions and limitations prescribed by K.S.A. 75-6108. Those conditions include the filing of a written request (within 15 days after service of process upon the employee) that the city provide for the defense of the employee. K.S.A. 75-6108(d) and (e). Where no such request is filed, a city is not liable for attorneys fees incurred by the employee; however, the city governing body may, in its discretion, pay attorneys fees notwithstanding the failure to file a written request. Cited herein: K.S.A. 75-6102, 75-6108; 75-6116; L. 1985, ch. 293, section 1.

Attorney General Opinion No. 1985-131

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Book Synopsis Attorney General Opinion No. 1985-131 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1985-131 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The decision of the United States Supreme Court in R̲o̲e̲ ̲v̲.̲ ̲W̲a̲d̲e̲, 410 U.S. 113, 93 S. Ct. 705, 35 L. Ed. 2d 147 (1973), permits a state to regulate or even prohibit abortion after the stage of viability, except where it is necessary, in appropriate medical judgment, to preserve the life or health of the mother. Such regulations must be narrowly tailored to fit the precise state interest at stake. As a result, attempts to specify a particular time during a pregnancy when viability occurs or to interfere with the judgment of the attending physician have been struck down as unconstitutional, although general prohibitions on post-viability abortions have been upheld. Cited herein: U.S. Const., Fourteenth Amend.

Attorney General Opinion No. 1985-183

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Book Synopsis Attorney General Opinion No. 1985-183 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1985-183 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The method of selecting and retaining district magistrate judges does not violate the "one person-one vote" principle. Additionally, the provisions of K.S.A. 20-301a, K.S.A. 20-329, K.S.A. 20-336(d) and K.S.A. 1984 Supp. 20-2908, whereby district magistrate judges are elected or retained in office by county voters while exercising judicial power anywhere within a judicial district, do not violate the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution. Cited herein: K.S.A. 20-301a, 20-329, 20-334, 20-336, 20-338, K.S.A. 1984 Supp. 20-2908; U.S. Const., 14th Amend.

Attorney General Opinion No. 1985-045

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Book Synopsis Attorney General Opinion No. 1985-045 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1985-045 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: No fee is authorized and no fee should be charged by a register of deeds when filing a judgment pursuant to K.S.A. 60-2201(b). Cited herein: K.S.A. 1984 Supp. 28-115; K.S.A. 60-2201.

Attorney General Opinion No. 1985-119

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Book Synopsis Attorney General Opinion No. 1985-119 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1985-119 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Law enforcement personnel may take a person who has attempted suicide and who refuses needed emergency medical treatment into temporary custody, at which time emergency medical services personnel may administer such treatment. In the absence of custody, emergency services personnel may, at their discretion, administer such treatment, and are immune from liability for negligent or wrongful acts or omissions under the provisions of the Tort Claims Act, K.S.A. 57-6101 e̲t̲ s̲e̲q̲., and K.S.A. 1984 Supp. 65-4307. Cited herein: K.S.A. 59-2902; 59-2908; 65-2891; K.S.A. 1984 Supp. 65-4307; K.S.A. 75-6104.

Attorney General Opinion No. 1985-126

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Book Synopsis Attorney General Opinion No. 1985-126 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1985-126 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the provisions of K.S.A. 12-3002, an abstention should not be recorded and counted as acquiescence in the will of the majority voting on an ordinance. Thus, where the vote on a proposed ordinance by a 6 member council is 3 members in favor and two members against, with one member abstaining, and the mayor does not exercise the power to cast a deciding vote in favor of the ordinance, the ordinance fails. Cited herein: K.S.A. 12-3002, 14-111.

Attorney General Opinion No. 1986-020

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Book Synopsis Attorney General Opinion No. 1986-020 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1986-020 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: A state or national bank which receives a deposit of state moneys is required to secure the account by a pledge of securities. K.S.A. 1985 Supp. 75-4218. Direct obligations of the United States government or its agencies are qualified securities, as are obligations insured as to principal and interest by the United States government or one of its agencies. K.S.A. 75-4201(p)(1). Cited herein: K.S.A. 75-4201; K.S.A. 1985 Supp. 75-4218; K.S.A. 75-4221; 7 U.S.C. sections 1981; 1988; 12 U.S.C. sections 1435; 1455; 1717; 1719; 1721; 15 U.S.C. sections 633; 634; 16 U.S.C. sections 831n-1; 831n-3; 831n-4; 31 U.S.C. section 3123; 42 U.S.C. sections 3534; 4514.

Attorney General Opinion No. 1985-014

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Book Synopsis Attorney General Opinion No. 1985-014 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1985-014 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States government has exclusive jurisdiction over crimes committed on Fort Leavenworth property, which may be exercised in investigating child abuse pursuant to 18 U.S.C. section 13. Local governmental officials may enter into an agreement with it authorizing concurrent jurisdiction in matters of police protection. Cited herein: K.S.A. 12-2904; 27-101; 27-102; 27-104; 18 U.S.C. section 13.

Attorney General Opinion No. 1985-083

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Book Synopsis Attorney General Opinion No. 1985-083 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1985-083 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 72-5308a authorizes the teacher in charge of each public school classroom to observe, at his or her option, a brief period of silence at the opening of each school day. Such a period of silence is not to be conducted as a religious exercise, but is to be used for silent prayer or silent reflection on the activities of the day. In that both the statute itself and the legislative history of this and subsequent bills indicates a legislative purpose which is not exclusively religious, the statute is not invalid under the holding of the United States Supreme Court in W̲a̲l̲l̲a̲c̲e̲ ̲v̲.̲ ̲J̲a̲f̲f̲r̲e̲e̲, -- U.S. --, 105 S. Ct. 2479 (1985). Cited herein: K.S.A. 72-5308a; U.S. Const., First Amend.

Attorney General Opinion No. 1985-020

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Book Synopsis Attorney General Opinion No. 1985-020 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1985-020 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 1984 Supp. 25-2108a(b) prescribes the conditions under which a city utilizing non-partisan elections must hold a primary election. The statute on its face is uniformly applicable to all cities, and is contained in an act (L. 1982, ch. 157) which is also uniform. K.S.A. 25-2113, which is contained in a different act, sets forth a general rule for non-partisan city elections, but also contains a provision for partisan city elections in Johnson County. The inclusion of this provision renders K.S.A. 25-2113 non-uniform, and thereby subject to a charter ordinance under a city's home rule authority. However, in the absence of such an ordinance which would allow partisan elections, the general provisions of K.S.A. 1984 Supp. 25-2108a concerning primary elections continue to apply. To the extent it is inconsistent with this opinion, Attorney General Opinion No. 78-49 is superseded. Cited herein: K.S.A. 1984 Supp. 25-2108a, K.S.A. 25-2113, Kan. Const. Art. 12, section 5.

Attorney General Opinion No. 1985-011

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Book Synopsis Attorney General Opinion No. 1985-011 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1985-011 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The abandonment of the commission form of government by a city of the second class does not invalidate city ordinances adopted under that form of government. Cited herein: K.S.A. 14-1807.

Attorney General Opinion No. 1985-025

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Book Synopsis Attorney General Opinion No. 1985-025 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1985-025 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 15-209 applies to cities of the third class having the mayor-council form of government, and provides that all elected officers shall be qualified electors of the city. In order to be a qualified elector under state law, a person must have attained the age of 18. Therefore, the statute on its face would prohibit a person under the age of 18 from taking office as a city council member. However, as K.S.A. 15-209 is contained in an act which has non-uniform provisions, a city to which the statute applies may use home rule authority to charter out from any or all of the provisions contained therein, including the requirement that council members be 18 or older. Cited herein: K.S.A. 12-1208a; 13-2102; 15-201; 15-209; Kan. Const., Art. 5, section 1; Art. 12, section 5; L. 1967, ch. 90.