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Attorney General Opinion No 1981 162
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Book Synopsis Attorney General Opinion No. 1981-162 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-162 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: A county attorney has no duty to act on behalf of a township board and seek vacation or closure of a township road pursuant to K.S.A. 68-102. Cited herein: K.S.A. 68-102, 80-304, 80-306.
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. 1981-134 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-134 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 K.S.A. 79-5001 e̲t̲ s̲e̲q̲. (the so-called "tax lid") have the effect of placing a ceiling on the aggregate amount which a county such as Sedgwick may raise through tax levies on tangible property. Levies may be excluded from the provisions of the tax lid either by being listed at K.S.A. 79-5011 or through the enactment of a statute specifically so stating, pursuant to K.S.A. 79-5003. If a county wishes to exclude from the tax lid that portion of its general fund levy used to support the district court (as mandated by various statutes), it may do so by seeking legislative action in either of the ways described above. Alternatively, as the tax lid was promulgated by an act which is not uniformly applicable to all counties, a county may, pursuant to K.S.A. 19-101b, exclude itself from the operation of the tax lid itself. In the absence of such measures, a county must observe the tax lid restrictions in paying those expenses of the district court which are imposed upon it by statute. Cited herein: K.S.A. 1980 Supp. 19-101a, K.S.A. 19-101b, K.S.A. 1980 Supp. 20-162, 20-348, 20-349, 20-356, 20-362, K.S.A. 20-613a, K.S.A. 1980 Supp. 38-554, 38-821, 79-1946, 79-1947, K.S.A. 79-5003, 79-5004, 79-5011.
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.
Book Synopsis Attorney General Opinion No. 1981-216 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-216 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: Unlike Kansas cities and counties which exercise constitutional or statutory "home rule" powers, school districts are creatures of statute and, as such, enjoy only those powers expressly conferred, by law, together with those implied powers which are necessary for the effective exercise and discharge of the powers and duties expressly conferred. No statutory authority exists, either expressly conferred or necessarily implied, authorizing the expenditure of school districts funds to contribute to a lobbying effort on a proposed state-wide severance tax. Cited herein: K.S.A. 1980 Supp. 19-101a, K.S.A. 19-101c, 72-1612, 72-1623, 72-5326, 72-8205, Kan. Const., Art. 12, section 5.
Book Synopsis Attorney General Opinion No. 1981-071 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-071 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: A county election officer has no authority to determine the sufficiency of the question stated in the petition for elections but such officer may find a petition insufficient for failure to include an individual date line for each petitioner signing. Cited herein: K.S.A. 25-3601, K.S.A. 1980 Supp. 25-3602, Kan. Const., Art. 12, section 5.
Book Synopsis Attorney General Opinion No. 1981-176 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-176 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 a school board member from simultaneously holding the office of county commissioner or the office of mayor of a third class city with a mayor-council form of government. Cited herein: K.S.A. 13-2002, 14-301, 14-1402 and 15-301.
Book Synopsis Attorney General Opinion No. 1981-108 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-108 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 K.S.A. 9-1403, the designation of a specific "period of peak deposits" is permissible only where such period occurs at "tax paying time" or "tax distributing time." Cited herein: K.S.A. 1980 Supp. 9-1402, K.S.A. 9-1403, K.S.A. 1980 Supp. 12-1678a, and 1981 House Bill No. 2235.
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.
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.
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.
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.
Book Synopsis Attorney General Opinion No. 1981-222 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-222 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: For criminal conduct which the State has declared to constitute a felony, municipalities may not exercise concurrent jurisdiction by redefining such offense as a misdemeanor in violation of municipal ordinance. Cited herein: K.S.A. 21-3707, 21-3102, 21-3108, K.S.A. 1980 Supp. 12-4104, 22-2601.
Book Synopsis Attorney General Opinion No. 1981-021 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-021 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 a member of the board of education of a unified school district simultaneously holding either of the offices of county attorney or municipal judge of a city of the second class. Moreover, the common law doctrine of incompatibility of offices does not preclude either of such simultaneous incumbencies. Cited herein: K.S.A. 19-702, 19-704, 19-705.
Book Synopsis Attorney General Opinion No. 1981-161 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-161 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 the Real Estate Brokers' and Salespersons' License Act, K.S.A. 1980 Supp. 58-3034 e̲t̲ s̲e̲q̲., any person, in the absence of all applicable exemption, must be licensed as a real estate broker, associate broker, or salesperson in order to auction real estate as an employee of or on behalf of the owner of real estate. Although subsection (d) of K.S.A. 1980 Supp. 58-3037 exempts the executor of an estate from the licensure requirement, said exemption statute does not exempt unlicensed auctioneers employed by the executor, and such nonexempt, unlicensed auctioneers may not auction real estate. Cited herein: K.S.A. 1980 Supp. 58-3035, 58-3036, 58-3037.
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.
Book Synopsis Attorney General Opinion No. 1981-263 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-263 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: Subsection (e) of K.S.A. 1980 Supp. 25-4406 requires that, to be approved for use in Kansas, an electronic or electromechanical voting system must prevent the voter from casting more votes for an office or candidate than that which the voter is entitled by law to cast for such office or candidate, and a voting system which does not prevent "overvoting" in the first instance, but merely rejects all votes for an office or candidate by a voter who has overvoted, does not meet these requirements. Any such voting system which does not provide an enclosed voting station which conceals the voter from observation, view or detection while voting does not meet the requirements in K.S.A. 1980 Supp. 25-4406(h) that such voting system must provide for voting in "absolute secrecy." In evaluating whether an electronic or electromechanical voting system should be approved for use in Kansas, the secretary of state is limited to a consideration of whether the voting system satisfies the requirements of K.S.A. 1980 Supp. 25-4406 and can be used safely. Cited herein: K.S.A. 1980 Supp. 25-1310, K.S.A. 25-2703 (as amended by L. 1981, ch. 169, section 1), K.S.A. 1980 Supp. 25-4401, 25-4404, 25-4405 (as amended by L. 1981, ch. 172, section 1), 25-4406.
