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Attorney General Opinion No 1980 252
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Book Synopsis Attorney General Opinion No. 1980-252 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1980-252 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: A police officer has express authorization stated in the law to impound a vehicle driven by a defendant arrested under certain circumstances. However, even though such officer is responsible for taking appropriate measures to protect the property of an arrested person, the question of whether the officer's failure to impound such vehicle constitutes a breach of duty, creating an exposure to tort liability, must be resolved by a competent trier of fact in light of all relevant facts and circumstances. Cited herein: K.S.A. 8-1570, K.S.A. 1979 Supp. 75-6103.
Book Synopsis Attorney General Opinion No. 1981-252 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-252 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 initial determination, by a city, to adopt one of two alternative flood control projects, is legislative in nature, and is a proper subject of an initiative petition under the provisions of K.S.A. 1980 Supp. 12-3013, as amended by Section 31 of Chapter 173 of the 1981 Session Laws of Kansas. However, a proposed ordinance, which is submitted to a city governing body under the initiative and referendum statute, may not include provisions which are administrative in nature, or provisions which conflict with applicable state statutes. Where a proposed ordinance contains such provisions, it is not subject to the initiative and referendum process. Cited herein: K.S.A. 12-635, 12-636, 12-644, 12-645, 12-3013; L. 1981, Ch. 173, Section 31; Kan. Const., Art. 12, Section 5(c).
Book Synopsis Attorney General Opinion No. 1978-252 by : Curt Thomas Schneider
Download or read book Attorney General Opinion No. 1978-252 written by Curt Thomas Schneider and published by . This book was released on 1978 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The service marks Oak Park, Corinth Downs, Verona Hills and Verona Gardens are not ineligible for registration due to similarity to existing corporate names described herein, under K.S.A. 81-112(f).
Book Synopsis Attorney General Opinion No. 1977-252 by : Curt Thomas Schneider
Download or read book Attorney General Opinion No. 1977-252 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: Under K.S.A. 1976 Supp. 25-4302, the only grounds for recall are conviction of a felony, misconduct in office, incompetence and failure to perform a duty prescribed by law. Facts recited in a petition as grounds which do not support any of the four statutory bases for recall are insufficient. However, the county election officer has no authority to determine the legal sufficiency of grounds alleged in a recall petition which is presented for filing, and the sufficiency of grounds, if challenged, must be determined by a court of competent jurisdiction. The sufficiency of grounds for a recall election may not be challenged after the question is submitted to the voters. A petition may be circulated only by a sponsor within the precinct where such sponsor resides.
Book Synopsis Attorney General Opinion No. 1981-164 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-164 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: Neither the provisions of K.S.A. 1980 Supp. 19-1803, nor the common law doctrine of incompatibility of offices, precludes a person from concurrently serving on the board of trustees of a county hospital and on the board of education of a local school district. Cited herein: K.S.A. 1980 Supp. 19-1803.
Book Synopsis Attorney General Opinion No. 1980-137 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1980-137 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: Typewritten or handwritten words do not constitute a facsimile of a servicemark, and the submission of such with the application for registration does not comply with the statutory requirements of K.S.A. 81-113(d). Material changes of a mark by amendment are not allowed; thus a registrant is not permitted to amend the original mark with a new mark. The determination of whether a trademark application is sufficient to satisfy the statutory requirements prior to the registration of such mark vests only ministerial powers in the Secretary of State. Cited herein: K.S.A. 81-112, 81-113, 81-114, 81-118, 15 U.S.C.A. 1015 e̲t̲ s̲e̲q̲.
Book Synopsis Attorney General Opinion No. 1980-158 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1980-158 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 common law doctrine of incompatibility of offices does not preclude a county commissioner from concurrently being employed as a filter plant operator by the city water department of a city located within the county where the commissioner holds office. Cited herein: K.S.A. 1979 Supp. 19-205.
Book Synopsis Attorney General Opinion No. 1980-189 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1980-189 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: Real estate brokers and salespersons who have been continuously and actively licensed in this state for a period of five or more years immediately prior to July 1, 1980, are not required to submit evidence of "continuing education" under the provisions of Section 13(g) of the Real Estate Brokers' and Salespersons' License Act [L. 1980, Ch. 164, section 13(g)]. A real estate broker or salesperson need not have been continuously and actively engaged in the real estate business for the subject period of time in order to qualify for the exemption created by the aforesaid section. Cited herein: L. 1980, Ch. 164, 12(b) and 13(g).
Book Synopsis Attorney General Opinion No. 1980-244 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1980-244 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: A fundamental right of every creditor is that of set-off. Thus, where the State of Kansas and another party are mutually-indebted for liquidated amounts, the state as a creditor may exercise such right of set-off. The exercise of such right does not compromise the integrity of the appropriation process. The director of accounts and reports is both impliedly and explicitly empowered by statute to exercise the right of set-off in the state's behalf. However, because requisite "state action" exists, such right must be exercised in consonance with the dictates of the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution. Affirming Attorney General Opinion No. 75-408, but modifying Attorney General Opinion No. 78-297. Cited herein: K.S.A. 75-3731; L. 1980, ch. 260, section 1; Kan. Const., Art. 2, section 24; 20 U.S.C.A. section 1232g; U.S. Const., Amend. XIV.
Book Synopsis Attorney General Opinion No. 1980-165 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1980-165 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 provisions of K.S.A. 12-708, relating to protests against zoning amendments, are mandatory, and the City of Merriam must allow a full fourteen-day period for the filing of protests before taking any action upon a recommendation of the planning commission. Cited herein: K.S.A. 12-708.
Book Synopsis Attorney General Opinion No. 1980-224 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1980-224 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: As K.S.A. 15-201, which provides for the election of at-large councilmen by cities of the third class, does not apply uniformly to all cities, a third class city may exempt itself by charter ordinance from all or part of the statute, and provide for the election of councilmen from wards. Cited herein: K.S.A. 13-205, 14-103, 15-201, Kan. Const., Art. 12, Sec. 5(b).
Book Synopsis Attorney General Opinion No. 1980-102 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1980-102 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: Matters involving specific persons under K.S.A. 75-4319(b)(1) and (5) may be discussed in executive session so long as no binding action is taken. However, investigations and research projects affecting groups of persons generally but not specifically, are not the proper subjects of a closed meeting, unless discussion concerns a subject matter otherwise specifically permitted to be considered in closed or executive session by 75-4319(b). Cited herein: K.S.A. 1979 Supp. 74-7401, 74-7402,74-7403, K.S.A. 75-4317, K.S.A. 1979 Supp. 75-4318, K.S.A. 75-4319.
Book Synopsis Attorney General Opinion No. 1980-154 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1980-154 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: Public defenders are employees within the meaning of K.S.A. 1979 Supp. 75-6102, in the performance of professional services to their clients and are therefore, within the provisions of the Kansas Tort Claims Act and entitled to the indemnities, defenses and immunities contained therein. Cited herein: K.S.A. 22-4512, K.S.A. 1979 Supp. 22-4517, 22-4517a, 40-3401, 75-6101, 75-6102, 75-6103, 75-6104, 75-6105, 75-6108, 75-6109, 75-6111, 75-6115, United States Const., Sixth Amend., 18 U.S.C.A. 3006A (Supp. 1979).
Book Synopsis Attorney General Opinion No. 1980-208 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1980-208 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 Pharmacy Act of the State of Kansas does not permit a physician to delegate the authority to dispense prescription-only drugs to his or her patients. Cited herein: K.S.A. 1979 Supp. 65-1626, 65-1635, 65-1648, 65-2865, and 65-2896e.
Book Synopsis Attorney General Opinion No. 1980-140 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1980-140 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: Even though the president of the United States may have authority to delegate powers and duties to the governor, the president has no constitutional power to compel the governor's acceptance of such delegation. Moreover, under our constitutional form of government, the governor has no inherent power separate and apart from our state's constitution, and the authority of the governor must be derived from the specific grants of power to the governor in the constitution and in the laws duly enacted by the legislature thereunder. Thus, as respects powers and duties delegated to the governor by the president, the governor's ability to accept such delegation is dependent upon the existence of specific constitutional or statutory provisions providing such authority, or upon such authority as is to be reasonably and necessarily implied therefrom. Cited herein: Kan. Const., Art. 1, sections 3, 7; 15 U.S.C.A. sections 751 e̲t̲ s̲e̲q̲., 42 U.S.C.A. sections 8501 e̲t̲ s̲e̲q̲.
Book Synopsis Attorney General Opinion No. 1980-261 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1980-261 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: In the absence of statutory or case law prohibition, marriages in which one party is represented by a proxy at the time of the ceremony are legal in Kansas. In addition to complying with general statutory requirements established by K.S.A. 23-101 e̲t̲ s̲e̲q̲., the party who is to be represented by a proxy at the ceremony must confer a power of attorney on the latter to act on his or her behalf. Cited herein: K.S.A. 23-104a, K.S.A. 1979 Supp. 23-106, 23-301, L. 1980, ch. 106, section 1.
Book Synopsis Attorney General Opinion No. 1981-118 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-118 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: K.S.A. 1980 Supp. 31-134(b) provides that the rules and regulations adopted by the state fire marshal shall be of uniform force and effect throughout the state. Pursuant to this statute, K.A.R. 1980 Supp. 22-3-1 adopts by reference the 1976 edition of the Life Safety Code, containing sections which regulate structures having combined mercantile and residential occupancies. For the purposes of enforcement, K.S.A. 1980 Supp. 31-139 gives the state fire marshal and those persons designated by K.S.A. 1980 Supp. 31-137, the authority to inspect buildings subject to the code. If admittance to a building subject to the Code is denied, a search warrant, which may be issued ex parte, must be obtained prior to entry. Cited herein: K.S.A. 1980 Supp. 31-133, 31-134, 31-137, 31-139, K.A.R. 1980 Supp. 22-3-1, U.S. Const., Amend. IV.
