Download or read book Attorney General Opinion No 1980 107 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 oath required by K.S.A. 75-4308 must be subscribed to by each person who becomes employed by the state or any county, city or municipality therein. As the statute admits to no exceptions, the oath is required for all such employees, regardless of the position or amount of remuneration. Cited herein: K.S.A. 21-305 (repealed, L.1968, ch. 106 section 8), 54-106, 75-4308.

Download or read book Attorney General Opinion No 1981 072 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: Except as limited by the state constitution and the grant of authority to the federal, government by the federal constitution, the power of the state legislature is absolute with respect to all offices it creates. Such power includes the authority to shorten or lengthen the term of a public office, even though the effect may be to curtail or extend an incumbent's unexpired term. Thus, the provisions of K.S.A. 1980 Supp. 24-412 which extend the terms of office of drainage district directors elected in March of 1980 until April of 1983 represent a valid exercise of legislative authority. Cited herein: K.S.A. 1980 Supp. 24-409, 24-412, Kan. Const., Art. 2, section 18, Art. 15, section 1, L. 1980, ch. 107.

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.

Download or read book Attorney General Opinion No 1977 107 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: Any citizen alleging the commission of a crime may file a complaint pursuant to K.S.A. 12-4202.

Download or read book Attorney General Opinion No 1986 107 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: The burden of proof in a small claims court proceeding is the same burden of proof in similar civil proceedings. The trial of all small claims shall be before the court, unless the judgment is appealed. The trial of an appeal is heard d̲e̲ n̲o̲v̲o̲ and may be before a court or jury. Cited herein: 1986 House Bill No. 2849; K.S.A. 1985 Supp. 21-3707; K.S.A. 61-1716; 61-2701 e̲t̲ s̲e̲q̲.; 61-2702; K.S.A. 1985 Supp. 61-2707; K.S.A. 61-2709.

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.

Download or read book Attorney General Opinion No 1980 251 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 qualified right to protect property emanates from section 18 of the Bill of Rights of the Kansas Constitution. Such a right is an affirmative defense which may be raised by a defendant charged with the unlawful killing of a deer. However, in order to justify the killing of a deer out of season or contrary to law, there must be substantial injury to property, and the landowner should present evidence that he has exhausted other remedies provided by law. Additionally, the burden will rest upon the property owner to demonstrate that the killing was, in all respects, reasonable. The qualified right to protect property from damage by game animals does not authorize a property owner to take possession of a deer killed in defense of property. Cited herein: K.S.A. 1979 Supp. 32-104, 32-104b, K.S.A. 32-107, 32-110a, K.S.A. 1979 Supp. 32-156, 32-158, 32-164, 32-178, 32-179, K.S.A. 32-212, K.S.A. 76-459; Kan. Const., Bill of Rights section 18; K.A.R. 23-2-5 and 23-2-7.

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.

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.

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.

Download or read book Attorney General Opinion No 1988 107 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: L. 1988, ch. 115, which allocates good time credits for the purpose of determining parole eligibility and conditional release should be applied retroactively to those sentenced under K.S.A. 21-4618 prior to July 1, 1982. Cited herein: K.S.A. 21-4618; K.S.A. 1987 Supp. 22-3717 as amended by L. 1988, ch. 115, section 2.

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.

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).

Download or read book Attorney General Opinion No 1980 139 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: It is within the discretion of the court to grant probation or to suspend the sentence for a second or subsequent conviction of driving while intoxicated. Cited herein: K.S.A. 8-262(a) and K.S.A. 1979 Supp. 8-1657, 21-4603(2)(d), 21-4618(1) and 21-3101.

Download or read book Attorney General Opinion No 1980 173 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 telephone conference call among members of a public body may constitute a meeting of such body, where the number of members engaged in such call is sufficient by statute to transact the business of the body, and so long as all members thereof are notified of the conference call and given the opportunity to participate. Meetings held pursuant to telephone conference calls are subject to the Open Meetings Act where such calls involve a majority of a quorum of the public body's membership, even though the number of members involved is not enough to transact the business of the public body. Cited herein: K.S.A. 75-4317, K.S.A. 1979 Supp. 75-4318.

Download or read book Attorney General Opinion No 1980 259 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: Moneys received by the State of Kansas may be appropriated and expended for any public purpose authorized by federal law without violating the constitutional ban on state participation in works of internal improvement. A two-thirds vote of the legislature is not required for such appropriation or expenditure unless funds generated by the State of Kansas, through taxes or other means, are contributed to the project for which the federal funds are to be used. Cited herein: K.S.A. 75-2715,75-3734, K.S.A. 1979 Supp. 75-4201, Kan. Const., Art. 11, section 9.

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).