Attorney General Opinion No. 1981-285 PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Attorney General Opinion No. 1981-285 PDF full book. Access full book title Attorney General Opinion No. 1981-285 by Robert T. Stephan. Download full books in PDF and EPUB format.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
In cities of the third class with a mayor-council form of government, the proper authority to accept the resignation of the city clerk, in the absence of a charter ordinance providing otherwise, is the city governing body. Additionally, the city governing body should, pursuant to K.S.A. 15-209, fill any vacancy in the office of city clerk until the next regular time for appointment. Cited herein: K.S.A. 12-104, 15-209.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
In cities of the third class with a mayor-council form of government, the proper authority to accept the resignation of the city clerk, in the absence of a charter ordinance providing otherwise, is the city governing body. Additionally, the city governing body should, pursuant to K.S.A. 15-209, fill any vacancy in the office of city clerk until the next regular time for appointment. Cited herein: K.S.A. 12-104, 15-209.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
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.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
As amended by Laws of 1982, Chapter 144, K.S.A. 1981 Supp. 8-1567(h) provides that a court shall, prior to sentencing a person who has been convicted of a violation of the statute or who has entered a plea of n̲o̲l̲o̲ c̲o̲n̲t̲e̲n̲d̲e̲r̲e̲, request and receive from the department of revenue, division of vehicles, a record of all prior convictions of that person for violations of any of the motor-vehicle laws of Kansas. Additionally, the sentencing provisions found in subsections (c), (d), (e) and (i) of the amended statute make reference to convictions of a violation of only the statute or an ordinance which prohibits the same acts. In view of this specific language, convictions under a statute of another state are excluded from consideration at time of sentencing. While the Legislature has included reference to the laws of other states in some Kansas statutes (s̲e̲e̲, e̲.̲g̲.̲ K.S.A. 1981 Supp. 8-285, as amended by L. 1982, ch. 144), it did not choose to do so in the statute governing driving under the influence of intoxicating liquor or drugs. Cited herein: K.S.A. 1981 Supp. 8-285 (as amended by L. 1982, ch. 144), K.S.A. 8-286, 8-287, K.S.A. 1981 Supp. 8-1567 (as amended by L. 1982, ch. 144).
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
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.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
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.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
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.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
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.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
K.S.A. 1980 Supp. 31-134(b) provides that the rules and regulations adopted by the state fire marshal shall be of uniform force and effect throughout the state. Pursuant to this statute, K.A.R. 1980 Supp. 22-3-1 adopts by reference the 1976 edition of the Life Safety Code, containing sections which regulate structures having combined mercantile and residential occupancies. For the purposes of enforcement, K.S.A. 1980 Supp. 31-139 gives the state fire marshal and those persons designated by K.S.A. 1980 Supp. 31-137, the authority to inspect buildings subject to the code. If admittance to a building subject to the Code is denied, a search warrant, which may be issued ex parte, must be obtained prior to entry. Cited herein: K.S.A. 1980 Supp. 31-133, 31-134, 31-137, 31-139, K.A.R. 1980 Supp. 22-3-1, U.S. Const., Amend. IV.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
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.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
In light of well-established rules of statutory construction, the literal import of the provisions of subsection (k) of K.S.A. 66-1,109 must be disregarded to some extent, and that subsection must be interpreted as providing an exemption from the state corporation commission's regulation to those persons who operate the multi-passenger motor vehicles specified therein. Furthermore, that subsection's exclusion of certain "individuals" from such exemption applies only to natural persons and does not apply to corporations, partnerships, associations or other artificial persons. Cited herein: K.S.A. 66-1,108, 66-1,109, 66-1,111, 66-1,146.
