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Attorney General Opinion No 1995 066
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Book Synopsis Attorney General Opinion No. 1995-066 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1995-066 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 costs incurred in the contest of an election in the seventy-ninth representative district may not be paid from appropriations set forth in L. 1994, ch. 255, section 3 or section 3 of 1995 house bill no. 2085. Cited herein: K.S.A. 25-1434; 25-1452; L. 1994, ch. 255, section 3; 1995 S.B. No. 95; 1995 H.B. No. 2085; Kan. const., art. 2, section 24.
Book Synopsis Attorney General Opinion No. 1996-066 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1996-066 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: The property tax exemption for real property owned or acquired by a municipality for the purpose of providing office space for the performance of medical services would be lost if the property is also leased to persons or entities that are not licensed to practice medicine and surgery or osteopathic medicine by the board of healing arts pursuant to K.S.A. 65-2801 et seq. Cited herein: K.S.A. 65-2801; K.S.A. 1995 Supp. 79-201 a.
Book Synopsis Attorney General Opinion No. 1981-066 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-066 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 statutory requirements for the execution of deeds and other instruments for the conveyance of a corporation's real property or an interest therein are prescribed by K.S.A. 17-6003(g). As long as there is compliance with such requirements, provisions in the corporation's bylaws requiring execution of such instruments by officers of the corporation in addition to those specified in said statute are permissible. However, failure to comply with these bylaw requirements does not, as a general rule, affect the validity of a conveyance made in compliance with the statutory requirements. Cited herein: K.S.A. 17-6003, K.S.A. 1980 Supp. 17-6009, G.S. 1868, ch. 23, section 38.
Book Synopsis Attorney General Opinion No. 1993-066 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1993-066 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: K.S.A. 1992 Supp. 38-1513(a)(2) can be interpreted to authorize the court to take into consideration a parent's religious objections in determining whether to order medical treatment for a child who is a ward of the court. In spite of the deference to a parent with certain religious beliefs, the code for care of children treats all children the same in terms of the reporting, investigation, and treatment of such children regardless of their parents' religious beliefs. Cited herein: K.S.A. 1992 Supp. 38-1513; 38-1522; 38-1523; U.S. Const., Amend. I.
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.
Book Synopsis Attorney General Opinion No. 1992-066 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1992-066 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: Any person who has been nominated for the office of vice-president may cause such person's name to be withdrawn from nomination by filing a request in writing with the secretary of state. A vacancy in a party nomination for vice-president may be filled by the party committee of the state provided the vacancy occurs after a primary election. Because Kansas statutes provide for substitution of party nominations for vice-president, a procedure must be made available for substitution of independent nominations for vice-president. Cited herein: K.S.A. 1991 Supp. 25-306b; K.S.A. 25-615; K.S.A. 1991 Supp. 25-616; K.S.A. 25-2501; 25-2503; 25-2504; 25-3901; K.S.A. 1991 Supp. 25-3905; L. 1968, ch. 406, sections 2, 7; L. 1981, ch. 165, section 6; L. 1984, ch. 139, sections 3, 4; Kan. Const., Bill of Rights, sections 1, 2; U.S. Const., Amend. XII; U.S. Const., Amend. XIV.
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.
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.
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.
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.
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.
Book Synopsis Attorney General Opinion No. 1995-077 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1995-077 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 not prohibit the use of its park for political advocacy activities or prohibit the distribution of handbills, pamphlets, posters or any other literature of a political nature as such restrictions violate the first amendment to the United States constitution because the prohibition constitutes a prior restraint on communication without narrow objective and definite standards. Furthermore, the exclusion of all political activity in a city park is a content-based exclusion which requires the city to establish that the exclusion is necessary to serve a compelling governmental interest and is narrowly drawn to achieve that interest. Finally, a city may impose reasonable restrictions on the time, place or manner of protected speech provided the restrictions are justified without reference to their content, are narrowly tailored to serve a significant city interest and leave open ample alternative channels for communication of information. Cited herein: U.S. Const., amend. 1.
Book Synopsis Attorney General Opinion No. 1995-089 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1995-089 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 bail bondsman may use reasonable means to effect the arrest of a bonded principal. However, a bail bondsman may be charged with possessing a weapon regardless of the bail bondsman's authority to arrest. Cited herein: K.S.A. 22-2809; 42 U.S.C. section 1983.
Book Synopsis Attorney General Opinion No. 1995-116 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1995-116 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: For purposes of annexation, properties that adjoin a military reservation do not adjoin a city unless the properties lie upon or touch the city boundary line or lie upon or touch a highway, railway or watercourse which abuts the city boundary line and separates such city and the properties by only the width of such highway, railway or watercourse. Cited herein: K.S.A. 12-519; K.S.A. 1994 Supp. 12-520; K.S.A. 12-529.
Book Synopsis Attorney General Opinion No. 1995-069 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1995-069 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 employee in K.S.A. 71-1403 is defined to include those persons whose service to the community college is subject to the control and direction of the community college, provided such control and direction includes directing the manner in which the services are performed, regardless whether the person receives compensation from the community college. The prohibition against an employee of a community college serving as a member of the board of trustees does not violate the free speech and equal protection clauses of the United States and Kansas constitutions. Cited herein: K.S.A. 25-1903; 71-1401; 71-1403; 72-6913 (repealed); L. 1990, ch. 252, section 6; L. 1967, ch. 407, section 3; L. 1965, ch. 417, section 13; Kan. const., bill of rights, secs. 1, 11; U.S. const., amends. I, XIV.
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.
Book Synopsis Attorney General Opinion No. 1995-107 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1995-107 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 federal violence against women act (VAWA) requires that a valid protection order issued by a court of another state or an Indian tribe be accorded full faith and credit by a Kansas court and enforced as if it were a Kansas protection order, provided the due process requirements of 18 U.S.C. section 2265(b) are satisfied. In some instances, full faith and credit may not be granted to foreign mutual protection orders. There is no requirement that the foreign protection order be filed pursuant to the uniform enforcement of foreign judgments act. A Kansas law enforcement officer is not in a position to determine whether the due process requirements were satisfied or whether a mutual protection order is entitled to full faith and credit; this is a decision for a court. Finally, both United States courts and Kansas courts may entertain violations of foreign protection orders. Cited herein: K.S.A. 1994 Supp. 21-3721; 22-2307; 22-2308; K.S.A. 60-3002; 60-3003; 60-3107; 60-3110; 18 U.S.C. sections 2262, 2265; 108 Stat. 1902.
