Attorney General Opinion No. 1981-170

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Book Synopsis Attorney General Opinion No. 1981-170 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-170 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: An attorney is not precluded from holding the office of county counselor where the attorney's spouse owns the official county newspaper, however, a county counselor serving pursuant to county resolution and fulfilling the duties of K.S.A. 19-247 is a public officer who must file a written report of substantial interest as provided by K.S.A. 75-4301 e̲t̲ s̲e̲q̲. Such statement must include ownership interests of the officer's spouse as required by K.S.A. 75-4301 and K.S.A. 75-4304, prohibits an officer from participating in the making of any contract in which he or she has a substantial interest. However, normally, the county counselor will not participate in the designating of or contracting with, local newspapers to publish official county documents. Cited herein: K.S.A. 12-1651, 12-1651a, K.S.A. 1980 Supp. 19-101a, K.S.A. 19-101b, 19-103, 19-227, 19-247, 64-108, 75-4301, 75-4304, 75-4305.

Attorney General Opinion No. 1978-170

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Book Synopsis Attorney General Opinion No. 1978-170 by : Curt Thomas Schneider

Download or read book Attorney General Opinion No. 1978-170 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 entire matter of taxation, especially assessments, is legislative in character, and does not exist apart from statute. The legislature is empowered to provide the means and agencies for carrying out its responsibilities in matters of taxation. The 1978 Session of the Kansas Legislature enacted a law postponing its directive to the Director of Property Valuation to order any county-wide reappraisal until December 31, 1981, and prohibiting any county from applying valuations from a county-wide reappraisal until that date. The legislature gave its reasons for such enactment, which appear clear and logical. All Kansas counties are bound by it.

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. 1981-164

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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.

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. 1981-107

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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.

Attorney General Opinion No. 1981-071

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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.

Attorney General Opinion No. 1981-066

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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.

Attorney General Opinion No. 1981-136

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Book Synopsis Attorney General Opinion No. 1981-136 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-136 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 express prohibition in K.S.A. 1980 Supp. 19-205 precludes one person from simultaneously holding the offices of county commissioner and city clerk. Cited herein: K.S.A. 10-803, K.S.A. 12-3003, and K.S.A. 1980 Supp. 19-205.

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. 1981-045

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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. 1981-222

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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.

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. 1981-216

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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.

Attorney General Opinion No. 1981-214

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Book Synopsis Attorney General Opinion No. 1981-214 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-214 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: Because of the doctrine of incompatibility of offices, a council member of a city of the second class may not also hold the position of director on a city port authority board created pursuant to K.S.A. 1980 Supp. 12-3401 e̲t̲ s̲e̲q̲. Cited herein: K.S.A. 1980 Supp. 12-3401, K.S.A. 12-3403, 14-101, 14-1060.

Attorney General Opinion No. 1981-177

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Book Synopsis Attorney General Opinion No. 1981-177 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-177 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: Where a company that is regularly engaged in a wholesale business accepts money on deposit from its employees, such company is engaged in a banking business, as provided in K.S.A. 9-702. Accordingly, such company is subject to the requirements of the state banking code. Cited herein: K.S.A. 9-702.

Attorney General Opinion No. 1981-101

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Book Synopsis Attorney General Opinion No. 1981-101 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-101 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: In order to identify the owner and property involved, a rezoning protest petition, filed pursuant to K.S.A. 12-708, should contain, on its face, the proper name in which title to the property is held, the address of the property, and the name of any person signing on behalf of a corporation, partnership or other organization. Additionally, the petition should contain some indication of the capacity or authority of a person signing on behalf of a corporation, partnership, or other organization. Each separate signature on a rezoning protest petition, filed pursuant to K.S.A. 12-708, need not be acknowledged in the form required for the acknowledgment of deeds, so long as there is a sufficient acknowledgment by one of the signers. Cited herein: K.S.A. 12-708.