Attorney General Opinion No. 1978-104 PDF Download
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Author: Curt Thomas Schneider
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That portion of K.S.A. 1977 Supp. 74-6806 which authorizes the governor to declare an energy emergency subject to approval by six members of the State Finance Council is constitutional under State ex rel. Schneider v. Bennett, 219 Kan. 286, 547 P.2d 786 (1976) and State ex rel. Schneider v. Bennett, 222 Kan. 11, 564 P.2d 1281 (1977). The governor has no specific statutory powers to respond to an energy emergency which he declares under K.S.A. 1977 Supp. 74-6806, unless and except a state of disaster emergency is declared under K.S.A. 48-924, in which event the governor may exercise the powers enumerated therein. During a period of energy emergency declared under K.S.A. 1977 Supp. 74-6806, the jurisdiction of the Kansas Energy Office to establish priorities of use for the allocation of available energy supplies supersedes the general jurisdiction of the Kansas Corporation Commission to establish and enforce similar priorities.
Author: Curt Thomas Schneider
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That portion of K.S.A. 1977 Supp. 74-6806 which authorizes the governor to declare an energy emergency subject to approval by six members of the State Finance Council is constitutional under State ex rel. Schneider v. Bennett, 219 Kan. 286, 547 P.2d 786 (1976) and State ex rel. Schneider v. Bennett, 222 Kan. 11, 564 P.2d 1281 (1977). The governor has no specific statutory powers to respond to an energy emergency which he declares under K.S.A. 1977 Supp. 74-6806, unless and except a state of disaster emergency is declared under K.S.A. 48-924, in which event the governor may exercise the powers enumerated therein. During a period of energy emergency declared under K.S.A. 1977 Supp. 74-6806, the jurisdiction of the Kansas Energy Office to establish priorities of use for the allocation of available energy supplies supersedes the general jurisdiction of the Kansas Corporation Commission to establish and enforce similar priorities.
Author: Curt Thomas Schneider
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K.S.A. 75-104 requires the preservation of all documentary requests to the governor which seek his assistance in any matter because of his official position as governor of the state, and authorizes delivery of such records to the State Historical Society as the only legally permitted disposition of such records upon the expiration of the mandated three-year retention period.
Author: Robert T. Stephan
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A full-time municipal employee whose duties include the prevention or detection of crime and the enforcement of criminal or traffic laws is a police officer within the meaning of K.S.A. 1978 Supp. 74-5602(e). Such an employee is subject to the certification requirements and sanctions for non-compliance established in K.S.A. 1978 Supp. 74-5608.
Author: Curt Thomas Schneider
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1978 House Bill 2930, prohibiting the ownership of real property in the State of Kansas by noncitizens, would, if enacted, be insupportable under the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution.
Author: Curt Thomas Schneider
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The provisions of House Bill No. 3050 are supported by the decision of the U.S. Supreme Court in California v. LaRue, 409 U.S. 109, 34 L. Ed. 2d 342, 93 S. Ct. 390 (1972).
Author: Curt Thomas Schneider
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The Civil Rights Commission may contract with a local attorney to serve as a pro tem hearing examiner under House Bill 2889 signed in to law April 12, 1978.
Author: Curt Thomas Schneider
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Pursuit of civil remedies by a holder of a worthless check does not bar criminal prosecution of the maker.
Author: Curt Thomas Schneider
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A fee of $2.00 should be assessed under K.S.A. 1977 Supp. 28-115 for the recording of a partial release.
Author: Curt Thomas Schneider
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Board action directing the furnishing of a statement of reasons under section 3 of 1978 House Bill 2234 must be taken in open session under the Kansas open meeting law, K.S.A. 75-4317 et seq.
Author: Curt Thomas Schneider
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The legal elements of a common law marriage are present capacity of the parties, a contract to assume the marriage status at the time the contract was made, and a holding of each other out to the public as husband and wife.
