Attorney General Opinion No. 1992-107

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Book Synopsis Attorney General Opinion No. 1992-107 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1992-107 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: When a person is convicted of theft for obtaining unemployment compensation for which he is - ineligible, the trial court may not order interest pursuant to K.S.A. 1991 Supp. 44-719(b)(2) as part of restitution. Cited herein: K.S.A. 21-3701; K.S.A. 1991 Supp. 21-4603, as amended by L. 1992, ch. 239, section 237; 21-4610; 22-3717; 44-719.

Attorney General Opinion No. 1981-107

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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.

Attorney General Opinion No. 1991-107

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Book Synopsis Attorney General Opinion No. 1991-107 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1991-107 written by Robert T. Stephan and published by . This book was released on 1991 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A county, as a subdivision of state government is subject to limitations imposed by an enabling act. K.S.A. 1990 Supp. 65-6113 limits how a county may reimburse a taxing district that provides ambulance service. Given that home rule cannot be used because the act is uniformly applicable, the reimbursement formula cannot be altered, short of legislative amendment. Cited herein: K.S.A. 1990 Supp. 19-101a; 65-6113.

Attorney General Opinion No. 1992-137

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Book Synopsis Attorney General Opinion No. 1992-137 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1992-137 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The provisions of the student publications act, L.1992, ch. 5, sections 1, 2, 3, are not applicable to community colleges. Cited herein: L. 1992, ch. 5, sections 1, 2, 3; U.S. Const., Amend. I.

Attorney General Opinion No. 1992-100

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Book Synopsis Attorney General Opinion No. 1992-100 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1992-100 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A trust company's powers do not include the authority to branch. Cited herein: K.S.A. 9-801; 9-901; 9-1111, as amended by L. 1992, ch. 61, section 1; 9-1801; 9-2103.

Attorney General Opinion No. 1992-015

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Book Synopsis Attorney General Opinion No. 1992-015 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1992-015 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The use of the word "shall" in a statute which specifies a set number of meetings per year is directory not mandatory if that statute does not provide consequences for non-compliance. Members of the advisory commission on health and environment should be compensated with subsistence allowances, and reimbursement for mileage and other actual and necessary expenses for attending commission meetings. Cited herein: K.S.A. 75-3223; 75-5656.

Attorney General Opinion No. 1992-120

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Book Synopsis Attorney General Opinion No. 1992-120 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1992-120 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 12-1019 authorizes a petition seeking to bring to an election a question regarding a change in the form of government for a city. K.S.A. 1991 Supp. 25-3601, as amended by L. 1992, ch. 194, section 2, establishes in part the requirements for such petition. The amendment adopted in L. 1992, ch. 194, section 2 is merely procedural in nature, and therefore may be applied retrospectively to petitions being circulated prior to April 30, 1992, the effective date of the amendment. A petition drafted on March 31, 1992, should, prior to its circulation, be submitted to the county attorney for an opinion regarding the legality of the form of the question unless such retrospective application of the requirement results in a manifest injustice. Cited herein: K.S.A. 12-184; 12-1019; K.S.A. 1991 Supp. 25-3601, as amended by L. 1992, ch. 194, section 2; U.S. Const., art. 1, section 10.

Attorney General Opinion No. 1992-105

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Book Synopsis Attorney General Opinion No. 1992-105 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1992-105 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: An attempt by a board of education and a professional employees' organization to ratify amendments to the contracts of employment of professional employees without submitting the amendments to a vote of the professional employees pursuant to K.S.A. 72-5421 would conflict with the purposes of professional negotiation recognized by the legislature. Any provisions of an agreement conferring such authority upon a board of education and a professional employees' organization would be void and unenforceable. Cited herein: K.S.A. 72-5411, as amended by L. 1992, ch. 20, section 1; K.S.A. 1991 Supp. 72-5412; 72-5413; K.S.A. 72-5414; 72-5421; K.S.A. 1991 Supp. 72-5423; K.S.A. 72-5424; 72-5437, as amended by L. 1992, ch. 20, section 2.

Attorney General Opinion No. 1977-107

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Book Synopsis Attorney General Opinion No. 1977-107 by : Curt Thomas Schneider

Download or read book Attorney General Opinion No. 1977-107 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: Any citizen alleging the commission of a crime may file a complaint pursuant to K.S.A. 12-4202.

Attorney General Opinion No. 1994-107

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Book Synopsis Attorney General Opinion No. 1994-107 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1994-107 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Kansas Venture Capital, Inc. is a for-profit corporation, which operates and manages independently from any governmental control or supervision. Further, it is not a subordinate body to any state agency or local unit of government. Accordingly, Kansas Venture Capital, Inc. is not required to follow the mandates of the Kansas open meetings act. Cited herein: K.S.A. 74-8203; K.S.A. 1993 Supp. 74-8204; K.S.A. 75-4318.

Attorney General Opinion No. 1992-151

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Book Synopsis Attorney General Opinion No. 1992-151 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1992-151 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on I̲n̲ ̲r̲e̲ ̲A̲p̲p̲l̲i̲c̲a̲t̲i̲o̲n̲ ̲o̲f̲ ̲N̲o̲e̲l̲ ̲f̲o̲r̲ ̲D̲i̲s̲c̲h̲a̲r̲g̲e̲ ̲H̲e̲a̲r̲i̲n̲g̲, 17 Kan. App. 2d 303 (1992), it is our opinion that K.S.A. 1991 Supp. 22-3428(3), as amended, and K.S.A. 1991 Supp. 22-3428a(3), which are used to determine the need for continued commitment of insanity acquittees, violate the due process and equal protection clauses of the 14th amendment by not placing the burden of proof upon the state to show by clear and convincing evidence both the committed person's continued insanity and dangerousness. However, rather than striking the statutes down, the Court of Appeals engrafted the essential requirements onto the statutes. Cited herein: K.S.A. 1991 Supp. 22-3428, as amended by L. 1992, ch. 309, section 3; 22-3428a.

Attorney General Opinion No. 1992-022

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Book Synopsis Attorney General Opinion No. 1992-022 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1992-022 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to K.S.A. 8-237 the chief law enforcement officer of a local unit of government can only recommend to the division of vehicles if an applicant should be issued a driver's license. The final decision rests with the division of vehicles. Cities and counties are not able to use their home rule powers to deny licenses to persons under the age of 16 years if the statute is uniformly applicable and does not grant such authority. Allowing the raising of the driving age to 16 years, in some counties but not others, will not violate an individual's constitutional right to equal protection. Cited herein: K.S.A. 8-237, Kan. Const., Art. 12, section 5.

Attorney General Opinion No. 1990-107

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Book Synopsis Attorney General Opinion No. 1990-107 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1990-107 written by Robert T. Stephan and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Local legislation which is an exercise of police power does not involve e home rule provisions of the Constitution, but is subservient to preempting acts of the state legislature. If the local legislation is not an exercise of police power, then the measure is subject to uniform state law. In either case, the regulation may not conflict with other statutes or constitutional provisions. Cities may therefore exercise their police power by regulating the performance of abortions through ordinary ordinances since the legislature has not expressly preempted the field. Any abortion regulation is subject to Roe v. Wade and any limitations imposed by the federal and Kansas constitutions. Cited herein: Kan. Const., Art. 12, section 5; K.S.A. 21-3407; K.S.A. 65-444.

Attorney General Opinion No. 1980-107

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Book Synopsis Attorney General Opinion No. 1980-107 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1980-107 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The oath required by K.S.A. 75-4308 must be subscribed to by each person who becomes employed by the state or any county, city or municipality therein. As the statute admits to no exceptions, the oath is required for all such employees, regardless of the position or amount of remuneration. Cited herein: K.S.A. 21-305 (repealed, L.1968, ch. 106 section 8), 54-106, 75-4308.

Attorney General Opinion No. 1992-083A

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Book Synopsis Attorney General Opinion No. 1992-083A by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1992-083A written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The sheriff of the county where the action is filed is responsible for the service of process by certified mail. Attorney General Opinion No. 92-83 is accordingly revised. Cited herein: L. 1992, ch. 290.

Attorney General Opinion No. 1992-052

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Book Synopsis Attorney General Opinion No. 1992-052 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1992-052 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 1992 House Bill No. 2646, dealing with health care issues and regulation of abortion, does not violate the constitutional prohibition against bills containing more than one subject. Cited herein: K.S.A. 21-3407; 21-3721; Kan. Const., art. 2, section 16; 1992 House Bills No. 2646, 2778.

Attorney General Opinion No. 1986-107

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Book Synopsis Attorney General Opinion No. 1986-107 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1986-107 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: The burden of proof in a small claims court proceeding is the same burden of proof in similar civil proceedings. The trial of all small claims shall be before the court, unless the judgment is appealed. The trial of an appeal is heard d̲e̲ n̲o̲v̲o̲ and may be before a court or jury. Cited herein: 1986 House Bill No. 2849; K.S.A. 1985 Supp. 21-3707; K.S.A. 61-1716; 61-2701 e̲t̲ s̲e̲q̲.; 61-2702; K.S.A. 1985 Supp. 61-2707; K.S.A. 61-2709.