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Attorney General Opinion No 1989 059
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Book Synopsis Attorney General Opinion No. 1989-059 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-059 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A taxing subdivision which did not levy property taxes in 1988 may not levy in 1989 absent an election pursuant to K.S.A. 1988 Supp. 79-5029 or authorization from the state board of tax appeals pursuant to K.S.A. 1988 Supp. 79-5030. Cited herein: K.S.A. 19-3601; 19-3610; K.S.A. 1988 Supp. 79-5021; 79-5022k 79-5027; 79-5028; 79-5029; 79-5030.
Book Synopsis Attorney General Opinion No. 1990-059 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1990-059 written by Robert T. Stephan and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the common law general rule, it is against public policy for an officer to use his official appointing power to place himself in office, and all officers who have the appointing power are disqualified for appointment to the offices to which they may appoint. In our judgment, this rule applies to filling vacancies in the office of mayor or commissioner under K.S.A. 1989 Supp. 13-1806, and remaining members of the board of commissioners are not eligible for appointment to a vacant commission seat. Additionally, a remaining member does not become eligible for appointment to a vacant commission seat by resigning the position he currently holds on the board of commissioners. Cited herein: K.S.A. 1989 Supp. 13-1806.
Book Synopsis Attorney General Opinion No. 1978-059 by : Curt Thomas Schneider
Download or read book Attorney General Opinion No. 1978-059 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: "Original description", as that term is used in K.S.A. 1977 Supp. 26a-128, refers to that description which first delineates the boundaries of a specific parcel of land, as opposed to pre-existing descriptions of land areas of which the specified parcel is a part.
Book Synopsis Attorney General Opinion No. 1992-059 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1992-059 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: A municipally owned utility which transfers unclaimed security deposits to its operating fund pursuant to K.S.A. 12-822 is not required to report and deliver such deposits to the state treasurer pursuant to the disposition of unclaimed property act. Cited herein: K.S.A. 12-822, 58-3901; K.S.A. 1991 Supp. 58 - 3904; 58-3912; K.S.A. 58-3914; L. 1978, ch. 59, section 1; L. 1979, ch. 173; L. 1989, ch. 48, section 65; L. 1989, ch. 170, sections 4, 9.
Book Synopsis Attorney General Opinion No. 1986-059 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1986-059 written by Robert T. Stephan and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Kansas laws pertaining to driving under the influence of alcohol allow conviction when the accused's blood or breath alcohol test (BAT) registers less than .10 as long as other supporting evidence is available. A conviction under a similar statute in another state may be considered for sentencing purposes. Cited herein: K.S.A. 1985 Supp. 8-1005; 8-1567.
Book Synopsis Attorney General Opinion No. 1991-059 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1991-059 written by Robert T. Stephan and published by . This book was released on 1991 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The legislature is authorized pursuant to article 4, section 3 of the Kansas constitution to prescribe the grounds and procedures for recall of elected public officials. The procedure set forth by the legislature obligates the county or district attorney to determine the sufficiency of the grounds asserted in a petition seeking the recall of a local officer. The county or district attorney does not determine whether the local officer should be subject to recall. Rather, the county or district attorney determines whether the grounds are set forth with sufficient particularity so as to permit the local officer an opportunity to prepare a statement in justification of the officer's conduct in office. Cited herein: K.S.A. 25-4301; K.S.A. 1990 Supp. 25-4302; K.S.A. 25-4312; K.S.A. 1990 Supp. 25-4320; K.S.A. 25-4326; 25-4329; 25-4331; Kan. Const., art. 4, section 3.
Book Synopsis Attorney General Opinion No. 1988-059 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1988-059 written by Robert T. Stephan and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A school district is obligated to furnish or provide transportation to students who reside in the district, and who reside more than two and one-half miles from the schoolhouse, with some exceptions for those students who live and attend school in a city. The district's obligation is fulfilled when it provides bus transportation, reimburses persons who furnish transportation in privately owned vehicles, or utilizes a combination of both. A county has a duty to keep county roads in repair. Whether repairing a road necessarily involves graveling is a question of fact for the courts. While a family that lives on a county dirt road is obligated to require their children to attend school, that obligation does not encompass graveling the county dirt road. In the absence of a tax levy or establishment of a road benefit district, other adjoining property owners also do not appear to have an obligation to involuntarily share in the repair expense which would be incurred should the county dirt road be graveled. Cited herein: K.S.A. 68-115, 68-502, 68-5,100, 68-701, 68-702, 72-1111, K.S.A. 1987 Supp. 72-1113, K.S.A. 72-8301, 72-8302, 72-8304.
Book Synopsis Attorney General Opinion No. 1985-059 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-059 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 82a-1021(e) defines those persons who are eligible to vote in elections of a groundwater management district, with the fee owner of land authorized to designate his tenant to cast the owner's vote in district elections. The subsection also permits estates, trusts and corporations to designate representatives to cast the votes of such entities. However, a person employed by a corporation to manage land owned in fee by a third person could not cast a vote in a district election, as such person would not be either a tenant or the representative of an estate, trust or corporation which itself owned land. Cited herein: K.S.A. 82a-1021(e).
Book Synopsis Attorney General Opinion No. 1994-059 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1994-059 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Because the legislation proposed in 1994 senate bill no. 623 impairs a contractual right of those members having a vested interest in the retirement system without accompaniment of an offsetting or counterbalancing advantage, the bill violates section 10 of article 1 of the United States constitution and K.S.A. 74-4923. Cited herein: K.S.A. 74-4901; 74-4917; 74-4923; 74-4951; 1994 S.B. No. 623; 1994 S.B. No. 624; U.S. Const., art. 1, sec. 10.
Book Synopsis Attorney General Opinion No. 1989-134 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-134 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A regulatory agency cannot promulgate a policy statement in lieu of a regulation if the policy statement is intended to create or affect rights and obligations of persons subject to the agency's control. Additionally, all amendments or modifications of a regulation are subject to the filing and publishing requirements in article 4, chapter 77 of the Kansas Statutes Annotated. Cited herein: K.S.A. 1988 Supp. 65-6129; K.S.A. 77-415; K.S.A. 1988 Supp. 77-421; 77-436.
Book Synopsis Attorney General Opinion No. 1989-032 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-032 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: While the state may require abortions to be performed in licensed facilities from and after the first trimester, K.S.A. 21-3407 sweeps too broadly and the offending provisions cannot be severed from the rest without legislative amendment. We note that the United States Supreme Court is currently considering a case which may modify Roe v. Wade, and thus render this opinion invalid. Cited herein: K.S.A. 21-3407.
Book Synopsis Attorney General Opinion No. 1989-111 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-111 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Property seized from a pawnbroker and held by law enforcement officials for use as evidence in a criminal proceeding is regarded as being in c̲u̲s̲t̲o̲d̲i̲a̲ l̲e̲g̲i̲s̲ and subject to the court's order as to the disposition thereof in the same proceeding. If the property is identified as being stolen, it is the duty of the court and the state to see that the property is restored to its rightful owner at the earliest opportunity. However, the due process rights of the pawnbroker must be respected, W̲o̲l̲f̲e̲n̲b̲a̲r̲g̲e̲r̲ ̲v̲.̲ ̲W̲i̲l̲l̲i̲a̲m̲s̲, 774 F.2d 358 (10th Cir. 1985), and the Court should provide the pawnbroker with notice and opportunity to be heard before releasing property to the apparent owner. Cited herein: K.S.A. 1988 Supp. 22-2512.
Book Synopsis Attorney General Opinion No. 1989-061 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-061 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 12-3005 prescribes that "[t]he style or ordaining clause of all ordinances shall be: 'Be it ordained by the governing body of the city of ___________:'". This requirement is mandatory, and a proposed ordinance submitted under the provisions of K.S.A. 12-3013 must include an ordaining clause. As Ordinance No. 112-A of the city of Olathe contains no such clause, it is our opinion that the "ordinance" is void and unenforceable. Cited herein: K.S.A. 12-3005; 12-3013; Kan. Const., Art. 2, section 20.
Book Synopsis Attorney General Opinion No. 1989-070 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-070 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The dental board may identify specific dental services as being included in the statutory prohibition against dentists delegating certain dental tasks. As the board did not formulate policy or exercise quasi-legislative authority conferred by statute, but merely explained an existing statute, identification of the services does not constitute rule-making subject to the procedures set forth in article 4 of chapter 77. Cited herein: K.S.A. 65-1421; 65-1422; 65-1423; 1988 Supp. 65-1436; K.S.A. 65-1456; 77-415.
Book Synopsis Attorney General Opinion No. 1996-059 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1996-059 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: A third or subsequent domestic battery conviction is a "non grid" felony punishable by imprisonment in a state penal institution. A defendant should be sentenced for a third and subsequent domestic battery conviction to a determinate sentence within the range of 90 days to one year. An inmate serving a sentence in the custody of the secretary of corrections for a third or subsequent conviction of domestic battery is eligible to earn good time credits. Cited herein: K.S.A. 21-3412, as amended by 1996 HB 585; 21-4703; 21-4704; 21-4717, as amended by 1996 HB 2838; K.S.A. 21-4722, as amended by 1996 HB 2310.
Book Synopsis Attorney General Opinion No. 1989-008 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-008 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 39-1401 e̲t̲ s̲e̲q̲. confidentiality provisions do not prohibit due process procedures, but such procedures are not absolutely mandated if the placement of a name on a list by the State Department of Social and Rehabilitation Services pursuant to K.S.A. 39-1401 e̲t̲ s̲e̲q̲. does not threaten or cause the loss of a constitutionally protected interest in liberty or property. Cited herein: K.S.A. 38-1523 (Ensley 1986); 39-938; 39-1401; 39-1404; 39-1422; K.S.A. 1988 Supp. 65-516; K.S.A. 65-3508; K.A.R. 30-51-1; U.S. Const., Amend. XIV.
Book Synopsis Attorney General Opinion No. 1990-084 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1990-084 written by Robert T. Stephan and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Where there has been a violation of the common law rule cited in Attorney General Opinion No. 90-59, both resignations and reappointments should be considered a nullity. Cited herein: K.S.A. 1989 Supp. 13-1806.
