Download or read book Attorney General Opinion No 1985 109 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: Subsection (a) of K.S.A. 1984 Supp. 9-1403 provides that, during periods of peak deposits occurring at tax paying time and tax distributing time, the amount of security required by K.S.A. 1984 Supp. 9-1402 (as amended by L. 1985, ch. 58) for deposits of public moneys in certain financial institutions shall be reduced by one-half the usually required amount. While the statute requires a municipality to designate such periods, they may be for less than 60 days, and are subject to negotiation between the municipality and the financial institution receiving the deposit. The effect on K.S.A. 1984 Supp. 9-1403 of the 1985 amendment to K.S.A. 1984 Supp. 9-1402 (which increased the pledging requirement from 70% to 100% of the deposit) is to increase the amount of securities which must be pledged during peak deposit times from 35% to 50%. Cited herein: K.S.A. 1984 Supp. 9-1402, as amended by L. 1985, ch. 58, section 51 and 2; K.S.A. 1984 Supp. 9-1403; K.S.A. 9-1407; K.S.A. 1984 Supp. 12-678a; K.S.A. 79-2004; K.S.A. 79-2005, as amended by L. 1985, ch. 311, section 10.

Download or read book Attorney General Opinion No 1986 109 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: Members and employees of the Continuing Legal Education Commission are covered by the provisions of the Kansas Tort Claims Act, including complete immunity for the functions set out at K.S.A. 75-6104, and are entitled to a legal defense in the event they are sued for acts or omissions in the scope of their employment. Cited herein: K.S.A. 75-6101; 75-6102; 75-6104; 75-6108; 75-6109.

Download or read book Attorney General Opinion No 1985 008 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: The common law doctrine of incompatibility of offices does not preclude one person from simultaneously holding the offices of deputy sheriff and mayor of a third class city having the mayor-council form of government. Cited herein: K.S.A. 15-301, 15-308, K.S.A. 1984 Supp. 19-805, K.S.A. 19-812, 19-813.

Download or read book Attorney General Opinion No 1979 109 written by Robert T. Stephan and published by . This book was released on 1979 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to a municipal ordinance requiring consent of the city council for the appointment of a city attorney, the decision of the council to withhold such consent does not, itself, constitute willful misconduct within the meaning of K.S.A. 60-1205.

Download or read book Attorney General Opinion No 1985 031 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: The common law doctrine of incompatibility of offices precludes one person from simultaneously holding the offices of city council member and county clerk. Cited herein: K.S.A. 79-1965, 79-5004.

Download or read book Attorney General Opinion No 1985 030 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: A city personnel policy which prohibits a police officer from becoming a candidate for board member of a unified school district within the city is justified by the city's compelling interest in maintaining the integrity of its police department, and is constitutional as applied to prohibit the candidacy of a police captain. Cited herein: U.S. Const., First Amendment.

Download or read book Attorney General Opinion No 1985 045 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: No fee is authorized and no fee should be charged by a register of deeds when filing a judgment pursuant to K.S.A. 60-2201(b). Cited herein: K.S.A. 1984 Supp. 28-115; K.S.A. 60-2201.

Download or read book Attorney General Opinion No 1988 109 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: Fee title to real estate properly dedicated to public use vests in the local unit of government in trust for such public use, and may not be lost through nonuse. Absent an exemption, the local unit of government which owns the fee is responsible for property taxes thereon. Cited herein: K.S.A. 1987 Supp. 12-406.

Download or read book Attorney General Opinion No 1985 140 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: Under the provisions of K.S.A. 75-6116 (as amended by L. 1985, ch. 293, 11), the obligation of a city to pay attorneys fees incurred by a city officer in defending a civil rights action is subject to the conditions and limitations prescribed by K.S.A. 75-6108. Those conditions include the filing of a written request (within 15 days after service of process upon the employee) that the city provide for the defense of the employee. K.S.A. 75-6108(d) and (e). Where no such request is filed, a city is not liable for attorneys fees incurred by the employee; however, the city governing body may, in its discretion, pay attorneys fees notwithstanding the failure to file a written request. Cited herein: K.S.A. 75-6102, 75-6108; 75-6116; L. 1985, ch. 293, section 1.

Download or read book Attorney General Opinion No 1985 011 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: The abandonment of the commission form of government by a city of the second class does not invalidate city ordinances adopted under that form of government. Cited herein: K.S.A. 14-1807.

Download or read book Attorney General Opinion No 1985 131 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: The decision of the United States Supreme Court in R̲o̲e̲ ̲v̲.̲ ̲W̲a̲d̲e̲, 410 U.S. 113, 93 S. Ct. 705, 35 L. Ed. 2d 147 (1973), permits a state to regulate or even prohibit abortion after the stage of viability, except where it is necessary, in appropriate medical judgment, to preserve the life or health of the mother. Such regulations must be narrowly tailored to fit the precise state interest at stake. As a result, attempts to specify a particular time during a pregnancy when viability occurs or to interfere with the judgment of the attending physician have been struck down as unconstitutional, although general prohibitions on post-viability abortions have been upheld. Cited herein: U.S. Const., Fourteenth Amend.

Download or read book Attorney General Opinion No 1985 119 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: Law enforcement personnel may take a person who has attempted suicide and who refuses needed emergency medical treatment into temporary custody, at which time emergency medical services personnel may administer such treatment. In the absence of custody, emergency services personnel may, at their discretion, administer such treatment, and are immune from liability for negligent or wrongful acts or omissions under the provisions of the Tort Claims Act, K.S.A. 57-6101 e̲t̲ s̲e̲q̲., and K.S.A. 1984 Supp. 65-4307. Cited herein: K.S.A. 59-2902; 59-2908; 65-2891; K.S.A. 1984 Supp. 65-4307; K.S.A. 75-6104.

Download or read book Attorney General Opinion No 1984 109 written by Robert T. Stephan and published by . This book was released on 1984 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 41-715 prohibits the dispensing, whether through sale or gift, of alcoholic liquor to persons who are incapacited or who are physically or mentally incapacitated through the consumption of liquor, and makes a violation of the statute a misdemeanor. As a criminal statute, the language of K.S.A. 41-715 must be strictly construed, and cannot be read so as to include the sale of liquor to a person who is not intoxicated at the time of sale, even if such person is known to have a history of alcohol abuse. Cited herein: K.S.A. 41-715; 59-3002; K.S.A. 1983 Supp. 77-201, T̲h̲i̲r̲t̲y̲-̲F̲̲i̲r̲s̲t̲; L. 1965, ch. 277, ch. 505; L. 1983, ch. 191.

Download or read book Attorney General Opinion No 1985 128 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: Pursuant to Executive Reorganization Order No. 15 (L. 1977, ch. 283), the powers, duties, functions and property of the Crippled Children's Commission were transferred to the secretary of health and environment. Such transfer included any moneys which had been received by the commission from private individuals in the form of gifts or bequests. These moneys are now contained in a special bequest fund, with expenditures made by the secretary of health and environment subject to the approval of the advisory commission for crippled and chronically ill children. The corpus of any private bequest may be invested by the state treasurer pursuant to K.S.A. 75-4201 e̲t̲ s̲e̲q̲., with any interest credited to the special bequest fund, and not to the general fund of the state (K.S.A. 75-4210a). Cited herein: K.S.A. 75-4201; 75-4210a; 75-4213; 75-5637; 75-5644; L. 1977, ch. 283.

Download or read book Attorney General Opinion No 1985 133 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: In cases in which a defendant is charged with violating the "p̲e̲r̲ s̲e̲" provision of the statute prohibiting driving under the influence of alcohol [K.S.A. 1984 Supp. 8-1567, as amended by L. 1985, Ch. 48, section 9], evidence regarding the validity of the blood alcohol test is relevant and admissible. Cited herein: K.S.A. 8-1567 as amended by L. 1985, Ch., 48, section 9; K.S.A. 60-407(f).

Download or read book Attorney General Opinion No 1985 174 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: As previously noted in Attorney General Opinion No. 85-110, a concurrent resolution containing a constitutional amendment adopted by the legislature during the 1985 session may be amended during the 1986 session prior to being submitted to the voters in November, 1986. At present, Chapter 360 of the Laws of 1985 provides for the submission to the voters of an amendment to Article 15, Section 10, which would allow liquor by the drink under certain circumstances. The amendment must be approved by a majority of the voters of the entire state in order to be adopted and a majority of the voters in a particular county before becoming effective in that county. Such a "dual purpose" is clearly disclosed in the explanatory statement which is to be printed on the ballot with the proposed amendment. Further, since the Kansas Constitution limits, rather than confers, power, the people of the state may amend the constitution in any manner they deem appropriate, subject only to the limits of the United States Constitution. Cited herein: K.S.A. 41-301; L. 1985, Chs. 360, 364; Kan. Const., Art. 14, section 1; Art. 15, section 10; Kan. Bill of Rights, sections 2, 20.

Download or read book Attorney General Opinion No 1985 024 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: In a city of the second class with the commission manager form of government which is governed by K.S.A. 14-1305, a person appointed to fill a vacancy in the office of commissioner holds office only until the "next city election," at which time someone shall be elected to fill the unexpired term if any portion of the term remains. Under Kansas case law, "next city election" is the next ensuing election at which city officers are elected. This conclusion is not altered even though a vacancy occurs after the filing deadline for a candidates seeking city office. The unexpired term should appear on the ballot of the next ensuing city election regardless of the fact no one was able to file as a candidate for the office according to the regular procedures governing the conduct of city elections. Cited herein: K.S.A. 12-1006; 12-1017; 12-1020; 14-1305; K.S.A. 1984 Supp. 25-2101; K.S.A. 25-2102; 25-2103; K.S.A. 1984 Supp. 25-2108a; 25-2110; K.S.A. 25-2118; R.S. 19-203 (1923).