Attorney General Opinion No. 1995-036

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Book Synopsis Attorney General Opinion No. 1995-036 by : Carla J. Stovall

Download or read book Attorney General Opinion No. 1995-036 written by Carla J. Stovall and published by . This book was released on 1995 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The old Rock Island Railroad depot building donated in 1959 to the Eisenhower presidential library commission was library property, and title thereto was acquired in the name of the state. Assuming the governor conveyed the library property of the Eisenhower presidential library commission to the United States as provided by L. 1961, ch. 393, and assuming the federal government accepted such conveyance pursuant to federal statute, title to the building was thereby transferred to the federal government. The storage contract for the depot building executed in 1960 by the commission and Old Abilene Town Company, Inc. expired in 1985. Thereafter, the federal government as the presumed successor title owner had the legal right to take possession of the depot building. Cited herein: L. 1955, ch. 358, sections 1, 2, 5; L. 1957, ch. 432, sections 1, 2; L. 1959, ch. 324, sections 1, 2; L. 1961, ch. 264; L. 1961, ch. 393, sections 1, 2, 7; L. 1963, ch. 410; L. 1965, ch. 445; K.S.A. 58-601; K.S.A. 74-4601 et seq. (repealed 1967); K.S.A. 74-4612 (repealed 1970); 44 U.S.C. section 397(f) (1964), 69 Stat. 695, ch. 859 (1955) (repealed).

Attorney General Opinion No. 1996-036

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Book Synopsis Attorney General Opinion No. 1996-036 by : Carla J. Stovall

Download or read book Attorney General Opinion No. 1996-036 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A unified school district may not enter into a contract the provisions of which require the unified school district to incur liability greater than that established under the Kansas tort claims act, K.S.A. 75-6101 et seq., or which require the unified school district to secure payment of its obligations in any manner other than those set forth in state statute. Cited herein: K.S.A. 60-1111; 72-8201; 72-8416; 75-6101; 75-6103; K.S.A. 1995 Supp. 75-6104; K.S.A. 75-6111; 75-6401; 75-6402; 75-6403; L. 1979, ch. 186, sections 1-15.

Attorney General Opinion No. 1995-095

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Book Synopsis Attorney General Opinion No. 1995-095 by : Carla J. Stovall

Download or read book Attorney General Opinion No. 1995-095 written by Carla J. Stovall and published by . This book was released on 1995 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Public fund depository laws precluding the state and its municipalities from placing their funds in branches of national banks that do not have home offices in Kansas do not violate the commerce clause, the supremacy clause or the equal protection clause of the United States constitution. Cited herein: K.S.A. 1994 Supp. 9-1111, as amended by L. 1995, ch. 79, sec. 15; K.S.A. 9-1401, K.S.A. 1994 Supp. 12-1675, 75-4201; 75-4205; 75-4208; 75-4209, as amended by L. 1995, ch. 194, sec. 2; 12 U.S.C. secs. 30, 36, 1831, 1831u, 1842; U.S. Const., art. I, sec. 8; art. VI; 14th amend.

Attorney General Opinion No. 1979-036

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Book Synopsis Attorney General Opinion No. 1979-036 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1979-036 written by Robert T. Stephan and published by . This book was released on 1979 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Weapons which have been used in the commission of a crime and are no longer required as evidence may be sold by order of the court having jurisdiction of the weapons without placing the weapons for sale at public auction.

Attorney General Opinion No. 1977-036

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Book Synopsis Attorney General Opinion No. 1977-036 by : Curt Thomas Schneider

Download or read book Attorney General Opinion No. 1977-036 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: The tuition charged by the Law Enforcement Training Center for the attendance of a law enforcement officer shall be paid by the county authorizing such person to attend and this expense cannot be charged over to the officer requiring him to reimburse the county through a contract provision.

Attorney General Opinion No. 1993-036

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Book Synopsis Attorney General Opinion No. 1993-036 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1993-036 written by Robert T. Stephan and published by . This book was released on 1993 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A city may expend public funds for the purchase of a building as long as the purchase is for a public purpose. In addition, a city is authorized by statute to purchase a public building and may lease the building or part of it when not required for city purposes. Cited herein: K.S.A. 12-1736; 12-1737; 12-1738.

Attorney General Opinion No. 1990-036

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Book Synopsis Attorney General Opinion No. 1990-036 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1990-036 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: The Behavioral Sciences Regulatory Board may delegate to its staff the task of issuing licenses to practice social work if there is no discretion involved in completing the ministerial task. If executive/legislative discretion must be applied, such delegation is proper when attended with adequate safeguards and standards to guide the exercise of discretion. If issuing or denying a license involves the exercise of discretion as it pertains to personal fitness, the determination of fitness may be delegated provided there is an avenue for relief through an appellate process. Cited herein: K.S.A. 1989 Supp. 65-6309; 65-6311; K.S.A. 77-421; K.A.R. 102-2-7.

Attorney General Opinion No. 1995-046

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Book Synopsis Attorney General Opinion No. 1995-046 by : Carla J. Stovall

Download or read book Attorney General Opinion No. 1995-046 written by Carla J. Stovall and published by . This book was released on 1995 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The term "counsel" as used in K.S.A. 72-5453 includes an attorney or lawyer. Cited herein: K.S.A. 72-5451; 72-5453.

Attorney General Opinion No. 1994-036

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Book Synopsis Attorney General Opinion No. 1994-036 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1994-036 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: In an election to approve a tax levy increase, a watershed district formed pursuant to K.S.A. 24-1201 et seq., must determine who is a landowner for purposes of establishing "qualified elector" status. By statute, the tax rolls establish satisfactory evidence of title when furnished by the county clerk as a record of ownership, K.S.A. 24-1203. When, however, a qualified landowner's identity appears as et ux., et vir. or et al. on the tax rolls, the election judge may challenge such voter's qualifications using the general conduct of election laws found at K.S.A. 25-407 et seq. If challenged, the landowner must establish the right to vote by presenting a copy of the recorded deed identifying the person as a landowner. Cited herein: K.S.A. 24-1201; 24-1202; 24-1203; 24-1219; 25-407; 25-410; 25-414; 25-2601; 25-2908; 54-101; 54-104.

Attorney General Opinion No. 1995-010

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Book Synopsis Attorney General Opinion No. 1995-010 by : Carla J. Stovall

Download or read book Attorney General Opinion No. 1995-010 written by Carla J. Stovall and published by . This book was released on 1995 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A city may barricade a portion of a street without infringing upon certain property owners' rights of access if such property owners continue to have access to streets that abut their property.

Attorney General Opinion No. 1995-114

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Book Synopsis Attorney General Opinion No. 1995-114 by : Carla J. Stovall

Download or read book Attorney General Opinion No. 1995-114 written by Carla J. Stovall and published by . This book was released on 1995 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Except to the extent the duration of a term of public office is specified or limited by the Kansas constitution, the legislature may constitutionally alter the term, even if the effect is to cut short the unexpired term of an incumbent officer. A person appointed to public office has no vested property or liberty interest in holding the office. Nor does an incumbent have a contract right to hold the office for the duration of the original fixed term. Cited herein: Kan. const. art. 2, section 18, art. 6, sections 2, 3, art. 15, secs. 1, 2; K.S.A. 74-3201, as amended by L. 1995, ch. 241, section 12; K.S.A. 75-4315b; L. 1995, ch. 241.

Attorney General Opinion No. 1995-020

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Book Synopsis Attorney General Opinion No. 1995-020 by : Carla J. Stovall

Download or read book Attorney General Opinion No. 1995-020 written by Carla J. Stovall and published by . This book was released on 1995 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Because the secrecy of grand jury proceedings is a well-guarded aspect of American criminal procedure, the minutes of a grand jury are to be kept secret pursuant to K.S.A. 22-3012 and, in the absence of a court order, are not to be provided to a state agency desiring to pursue disciplinary action against a licensee. This is true even though the indictments of that grand jury were quashed on the basis of a technical deficiency in the impaneling of the grand jury. Cited herein: K.S.A. 22-3001; 22-3012.

Attorney General Opinion No. 1995-016

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Book Synopsis Attorney General Opinion No. 1995-016 by : Carla J. Stovall

Download or read book Attorney General Opinion No. 1995-016 written by Carla J. Stovall and published by . This book was released on 1995 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The policy of unified school district no. 458 establishing classifications for assessing fees for use of school facilities is subject to the rational basis test of the equal protection clause, and will not be set aside if any state of facts reasonably may be conceived to justify it. While in our opinion the policy of unified school district no. 458 does not on its face violate the equal protection clause of the fourteenth amendment to the United States constitution or section 1 of the bill of rights of the Kansas constitution, a violation could occur depending on actual application of the policy. Cited herein: K.S.A. 72-8212; Kan. Const., bill of rights, section 1; U.S. Const., amend. 14, section 1.

Attorney General Opinion No. 1995-024

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Book Synopsis Attorney General Opinion No. 1995-024 by : Carla J. Stovall

Download or read book Attorney General Opinion No. 1995-024 written by Carla J. Stovall and published by . This book was released on 1995 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The "governor's cabinet" has evolved through custom and tradition loosely patterned after the United States president's cabinet. Each member of the president's cabinet has a constitutional duty to provide opinions as the principal officer of an executive department when required by the president. U.S. const., art. II, section 2. There is a similar provision in the Kansas constitution. As such, cabinet members serve as advisors to the governor. The members of the current governor's cabinet include the secretaries of various state departments who are appointed by the governor subject to the confirmation of the senate and serve at the pleasure of the governor. In our opinion, the legislature may require that the secretary of the board of agriculture serve as a member of the governor's cabinet because as a member of the executive department she is already subject to the governor's request for information regarding her duties. Cited herein: K.S.A. 32-801; 74-5002; K.S.A. 1994 Supp. 75-3702; 75-5001; 75-5101; 75-5203; 75-5301; 75-5601; 75-5701; 75-5903. Kan. Const., art. 1, section 1; Kan. Const., art. 1, section 4; Kan. Const., art. 15, section 1; U.S. Const., Art. II, section 2.

Attorney General Opinion No. 1987-036

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Book Synopsis Attorney General Opinion No. 1987-036 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-036 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: Based upon the information you have provided, it is our opinion that the Housing Maintenance Guideline Agreement executed by certain Fish and Game Commission employees (prior to July, 1986) is a binding contract between the Commission and an employee of the Commission who occupies state-owned housing. Additionally, in our judgment the termination of the Commission's payment of utility services for state-owned housing occupied by those employees has reduced their salaries in contravention of applicable state regulations. Cited herein: K.S.A. 75-2961a, 75-4321, 75-4322, 75-4330; K.A.R. 1-5-20, 1-19-1, 1-19-2, 1-19-3; 1-19-4; 26 U.S.C. section 19.

Attorney General Opinion No. 1995-100

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Book Synopsis Attorney General Opinion No. 1995-100 by : Carla J. Stovall

Download or read book Attorney General Opinion No. 1995-100 written by Carla J. Stovall and published by . This book was released on 1995 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The small claims procedure act, which prohibits attorney representation except in limited circumstances, abrogates the common law principle that corporations may appear in court only through an attorney. While corporate representatives may participate in small claims matters, they may not practice law. Cited herein: K.S.A. 61-2703; 61-2704; 61-2705; 61-2707; 61-2712; 61-2713; 61-2714.

Attorney General Opinion No. 1995-032

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Book Synopsis Attorney General Opinion No. 1995-032 by : Carla J. Stovall

Download or read book Attorney General Opinion No. 1995-032 written by Carla J. Stovall and published by . This book was released on 1995 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1994 amendments to K.S.A. 64-101 establish separate and distinct requirements for qualification as the official newspaper for a city of the first class, as opposed to the official county newspaper. If there is no newspaper published in the home county of a city of the first class, and if a newspaper otherwise qualifies under K.S.A. 64-101(a)(1) through (3), a city of the first class may utlize the second set of alternative requirements established in K.S.A. 64-101(a)(4). The location where a paper is published must be determined by looking at all the facts surrounding its singular place of origin. Prior Attorney General opinions discussing K.S.A. 12-1651 may provide guidance in interpreting the identical requirements now set forth in K.S.A. 64-101(b). Citied herein: K.S.A. 12-1651; 64-101.