Attorney General Opinion No. 1981-028

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Book Synopsis Attorney General Opinion No. 1981-028 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-028 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: Municipal airport property may be leased only for those purposes "directly or incidentally and necessarily required for the successful and proper operation" of the airport, and cannot be leased for commercial ventures unrelated to aviation purposes. (Affirming Attorney General Opinion No. 75-402.) Cited herein: K.S.A. 1980 Supp. 3-113, K.S.A. 3-116.

Attorney General Opinion No. 1981-287

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Book Synopsis Attorney General Opinion No. 1981-287 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-287 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 deputy county clerk is not required by law to remain in the clerk's office at all times when the clerk is absent and may attend meetings with the clerk. The board of county commissioners has the authority to set office hours for the offices of elected county officials; however, the board may not set the working hours of the elected officials. Cited herein: K.S.A. 1980 Supp. 19-101a, K.S.A. 19-212, 19-302, 19-2601, K.S.A. 1980 Supp. 25-101, K.S.A. 25-702, K.S.A. 1980 Supp. 25-4301, K.S.A. 28-824, 60-1205, 75-714.

Attorney General Opinion No. 1978-028

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Book Synopsis Attorney General Opinion No. 1978-028 by : Curt Thomas Schneider

Download or read book Attorney General Opinion No. 1978-028 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 use of codes to transmit non-conviction data for investigative or intelligence purposes by voice over the radio appears to be a reasonable precaution to be taken and within the guidelines set forth by the Department of Justice regulations governing the dissemination of criminal history record information as defined therein.

Attorney General Opinion No. 1981-273

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Book Synopsis Attorney General Opinion No. 1981-273 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-273 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: Pursuant to the provisions of certain statutes whereby cities may undertake work on private property and assess the cost thereof against the property, a city may assess only actual costs incurred by the city. A city may not, under said statutes, assess a purely arbitrary amount which purports to represent administrative and publication costs incurred by the city. However, where a city may demonstrably measure the administrative costs and publication costs attributable to a specific work project, said costs may be assessed against the property. Cited herein: K.S.A. 12-1617e, 12-1617f, 12-1755, 17-4759; L. 1981, Ch. 173, section 54.

Attorney General Opinion No. 1981-044

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Book Synopsis Attorney General Opinion No. 1981-044 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-044 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: Through the imposition of fines for unlawful conduct, K.S.A. 1980 Supp. 8-1901(d) imposes criminal liability. In addition, subsection (a) of that statute does not appear to violate the United States Constitution's Equal Protection Clause, although it only imposes liability upon a limited class of persons. Moreover, that subsection appears to convey a sufficiently definite warning as to the conduct proscribed therein, so as to avoid being unconstitutionally vague and uncertain. Cited herein: K.S.A. 1980 Supp. 8-1901, 8-1909, K.S.A. 8-2116, 8-2204, 21-3105, K.S.A. 1980 Supp. 21-4503, U.S. Const., Amend. XIV.

Attorney General Opinion No. 1987-028

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Book Synopsis Attorney General Opinion No. 1987-028 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-028 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: K.S.A. 29-301 requires adjacent landowners to share the costs of erecting and maintaining partition fences. Kansas' adoption of a "fence-in" policy with respect to domestic animal trespass does not negate this duty, notwithstanding the use each landowner makes of his land. Cited herein: K.S.A. 29-101; 29-102; 29-108; 29-201; 29-301; 29-304; 29-305; 29-309; 47-104; 47-120; 47-121; K.S.A. Ensley 1981 47-101 to 47-103; 47-105; 47-106; 47-107 to 47-110; 47-112 to 47-119; 47-301; G.S. 1868, ch. 40, section 1.

Attorney General Opinion No. 1981-190

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Book Synopsis Attorney General Opinion No. 1981-190 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-190 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: There is no legal basis for a county sheriff to receive any remuneration in connection with providing meals for county prisoners over and above the actual and reasonable expenditures made by the sheriff in providing such meals. Cited herein: K.S.A. 1980 Supp. 19-101a, K.S.A. 19-212, 19-229, 19-811, 19-1903, 19-1910 (as amended by L. 1981, ch. 350, section 1),19-1917, 19-1930 (as amended by L. 1981, ch. 350, section 2), and 28-109.

Attorney General Opinion No. 1981-067

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Book Synopsis Attorney General Opinion No. 1981-067 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-067 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: Nothing in the regulations affecting adult care homes promulgated by the department of health and environment requires adult care home owner-licensees or members of corporate boards of directors of adult care homes to supply their social security identification numbers or dates of birth to the department. Cited herein: K.S.A. 1980 Supp. 39-931, 39-931a, K.S.A. 39-932, K.A.R. 28-39-3, 28-39-33, 28-39-62.

Attorney General Opinion No. 1981-106

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Book Synopsis Attorney General Opinion No. 1981-106 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-106 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 provisions of the Kansas Open Meetings Law preclude the election of the acting president of the City Council of Merriam by secret ballot. Cited herein: K.S.A. 1980 Supp. 75-4318.

Attorney General Opinion No. 1981-081

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Book Synopsis Attorney General Opinion No. 1981-081 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-081 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. 19-723, which authorizes the board of county commissioners to employ an additional attorney to assist the county attorney, involves a discretionary power held by the board and does not mandate such special assistant be employed. Cited herein: K.S.A. 19-723, G.S. 1949, 19-718.

Attorney General Opinion No. 1981-002

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Book Synopsis Attorney General Opinion No. 1981-002 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-002 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 legislature has provided for two official ballots for the election of officers at general elections. One such official general ballot contains the names of candidates for national and state offices, and the other contains the names of candidates for county and township officers. Thus, where a candidate's name is printed or written once on each of such ballots it does not contravene the statutory prohibition against a candidate's name being printed more than once on a ballot, or being written elsewhere on a ballot where it is printed. In order to avoid absurd and unreasonable consequences, and in order to effectuate an obvious legislative intent to separate the listing of candidates for state and national offices from the candidates for county and township offices, such provisions must be construed as applying with equal force and effect in those counties which use voting machines. Cited herein: K.S.A. 25-601, K.S.A. 1980 Supp. 25-604, 25-605, 25-605a, 25-613, 25-614, 25-616, 25-617, 25-618, K.S.A. 25-1318, 25-1320, 25-1343, 25-2905, 25-3003, 25-3103, 25-3801.

Attorney General Opinion No. 1981-283

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Book Synopsis Attorney General Opinion No. 1981-283 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-283 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: L. 1981, Ch. 156 section 2(g) does not require that an inmate convicted of a class A, B or C felony by reason of aiding, Abetting, advising or counseling another to commit a crime, or by reason of the principle provided for in subsection (2) of K.S.A. 21-3205, serve one-half of the minimum term of imprisonment imposed by the court. Rather, the law requires that the inmate serve one-half of the term of imprisonment which would be required had not the aiding, abetting, etc. come into play. Thus, on a class A felony conviction, parole eligibility would occur after seven and one-half years of confinement and on a class B or C felony conviction, parole eligibility would occur after service of one-half of the minimum sentence imposed less good time credits available. Cited herein: L. 1981, Ch. 156.

Attorney General Opinion No. 1981-048

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Book Synopsis Attorney General Opinion No. 1981-048 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-048 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 Reports of the decisions of the Kansas Supreme Court and Court of Appeals may be copyrighted as compilations. However, any such copyright cannot cover the opinions of the judges and justices or other material prepared by them in the discharge of their judicial duties. The copyright protection afforded the Reports is limited to the Appellate Reporter's own work and labor in the production of the Reports. The publication of advance sheets without copyright notice under copyright laws existing prior to January 1, 1978, resulted in forfeiture of the copyright on the material contained therein, which cannot be revived by subsequent publication in copyrighted volumes of the Reports. However, the publication of advance sheets without copyright notice after that date under current copyright laws does not constitute a forfeiture, and the works are protected from infringement as long as they are properly registered within five years after first publication. Neither one of these circumstances affects the validity of the copyright of the Reports as a compilation of preexisting material, but the copyright can only cover new and original material contributed by the reporter. The use made of the Reports by West Publishing Company and K-Bar Research, Inc., pursuant to licensing agreements, has not resulted in forfeiture of the copyright protection afforded the Reports. Cited herein: K.S.A. 20-206, K.S.A. 1980 Supp. 20-211, 17 U.S.C.A. sections 1, 3, 10, 19, 102, 103, 106, 405, P.L. 94-553, U.S. Const., Art. I, section 8.

Attorney General Opinion No. 1981-204

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Book Synopsis Attorney General Opinion No. 1981-204 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-204 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 ownership by a township of a residence which is provided to the road supervisor is a public purpose, insofar as the supervisor also oversees the equipment, materials and supplies of the township that are kept on the premises, as well as maintaining the township hall. Accordingly, in the event that such residence is damaged or destroyed by fire, the township may issue general obligation bonds following an election approving same, with the proceeds used for repair or reconstruction. Cited herein: K.S.A. 1980 Supp. 80-104, K.S.A. 80-113.

Attorney General Opinion No. 1981-045

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Book Synopsis Attorney General Opinion No. 1981-045 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-045 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: There are no statutory obstacles to an election commissioner also holding the office of mayor of a city of the second class. Moreover, the common law doctrine of incompatibility of offices does not preclude such simultaneous incumbencies.

Attorney General Opinion No. 1981-260

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Book Synopsis Attorney General Opinion No. 1981-260 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-260 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: Under the provisions of K.S.A. 1980 Supp. 22-4504 (as amended by L. 1981, ch. 157, sec. 1), the board of supervisors of panels to aid indigent defendants is empowered to adopt rules and regulations concerning the ability of a defendant in a criminal action to retain counsel to assist in his defense. Such rules and regulations specifically relate to the income, assets and anticipated costs of representation of a defendant. Pursuant to the 1981 amendment, such rules and regulations are controlling on any determination by a judge or magistrate as to whether a defendant is financially unable to employ counsel. Moreover, these rules and regulations are adopted in accordance with K.S.A. 77-415 e̲t̲ s̲e̲q̲., thus allowing the legislature to modify or reject them through the adoption of a concurrent resolution (K.S.A. 1980 Supp. 77-426). Insofar as the making of indigency determinations involves the resolution of questions of fact, which is a judicial and not a legislative function, control by the legislature over such determinations is an impermissible interference with the authority of another department of government. Accordingly, those provisions of L. 1981, ch. 157 which require the submission of such rules and regulations to the legislature and which make any rules and regulations so adopted binding on district courts are unconstitutional as violative of the separation of powers doctrine. Cited herein: K.S.A. 1980 Supp. 22-4501, 22-4504 (as amended by L. 1981, ch. 157, section 1), 22-4507, K.S.A. 22-4512, K.S.A. 1980 Supp. 22-4514, 77-415 (as amended by L. 1981, ch. 157, section 3), Kansas Constitution, Article 3, Section 1, United States Bill of Rights, Sixth Amendment, Fourteenth Amendment.

Attorney General Opinion No. 1981-027

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Book Synopsis Attorney General Opinion No. 1981-027 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-027 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: To be consistent with requirements of the United States Constitution, the provisions of K.S.A. 72-5393 can, and must, be construed as neither requiring nor authorizing the provision of therapeutic psychological and speech and hearing services, at public expense and by public employees, on parochial school premises. Instead, said provisions must be construed as requiring that such services be provided at the "truly religiously neutral locations" specified in the statute, i.̲e̲.̲, in the public schools of the school district, in public centers, or in mobile units located off the parochial school premises. Cited herein: K.S.A. 72-5392, 73-5393, U.S. Const., Amend. I, XIV.