Author: Robert T. Stephan
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Languages : en
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K.S.A. 1980 Supp. 31-134a provides an exception to the Kansas Fire Prevention Code (KFPC) for buildings which conform to any one of three specified nationally recognized building codes and meet certain other requirements. As the intent of the legislature was to provide alternatives to the KFPC which still provide adequate fire protection, adoption of the three codes which are enumerated entails adoption of their various subparts as well. Additionally, as such codes may not be retroactively enforced, only new buildings are affected, with existing structures coming under the uniform application of the KFPC. Cited herein: K.S.A. 1980 Supp. 31-132, 31-133, 31-134, 31-134a, K.A.R. 1980 Supp. 22-3-1.
Attorney General Opinion No. 1981-103
Attorney General Opinion No. 1981-044
Author: Robert T. Stephan
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Languages : en
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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.
Publisher:
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Languages : en
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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.
Attorney General Opinion No. 1981-146
Author: Robert T. Stephan
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Languages : en
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A Board of County Commissioners may adopt an administrative Personnel Policies and Procedures Manual pursuant to the general authority granted such board by K.S.A. 19-212, S̲i̲x̲t̲h̲. Such adoption may be made effective without publication of the manual in the official paper. Cited herein: K.S.A. 12-3007, 19-101, f̲o̲u̲r̲t̲h̲, K.S.A. 1980 Supp. 19-101a, K.S.A. 19-103, K.S.A. 19-212, S̲i̲x̲t̲h̲.
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Languages : en
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Book Description
A Board of County Commissioners may adopt an administrative Personnel Policies and Procedures Manual pursuant to the general authority granted such board by K.S.A. 19-212, S̲i̲x̲t̲h̲. Such adoption may be made effective without publication of the manual in the official paper. Cited herein: K.S.A. 12-3007, 19-101, f̲o̲u̲r̲t̲h̲, K.S.A. 1980 Supp. 19-101a, K.S.A. 19-103, K.S.A. 19-212, S̲i̲x̲t̲h̲.
Attorney General Opinion No. 1981-004
Author: Robert T. Stephan
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Languages : en
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Book Description
The term "revenues" as is found in K.S.A. 12-1743 refers to revenues derived by a city under a lease agreement covering facilities constructed or improved under the Industrial Revenue Bond Law (K.S.A. 12-1740 e̲t̲ s̲e̲q̲.). The term "net earnings," as used in K.S.A. 12-1744, refers to revenues received by the city by virtue of such lease agreement. The provisions of K.S.A. 12-1740 e̲t̲ s̲e̲q̲. do not require by implication or otherwise that, as a condition for issuance of industrial revenue bonds, there be a determination by the city that the tenant industry will realize income and revenues solely from its operation of the facilities in amounts adequate to fulfill its obligation to pay the installments of rent and other charges required under a lease agreement. K.S.A. 12-1743 does not require that rental payments specified in a lease agreement bear a relationship to the fair market rental value of the facilities acquired or constructed from the bond proceeds. K.S.A. 12-1743 provides that all details pertaining to the issuance of industrial revenue bonds and the terms and conditions thereof shall be determined by ordinance of the city. An ordinance issued pursuant to K.S.A. 12-1743 may be adopted by a city even though there is no reasonable expectation that the tenant will realize sufficient income solely from its operation of the tenant industry sufficient to meet its obligations under the lease. A city may, pursuant to K.S.A. 12-1743, determine by ordinance and authorize the issuance of term bonds maturing in one or more installments. Cited herein: K.S.A. 10-103, 12-1740, 12-1743, 12-1744, 12-1749a, K.S.A. 1980 Supp. 10-103.
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Languages : en
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Book Description
The term "revenues" as is found in K.S.A. 12-1743 refers to revenues derived by a city under a lease agreement covering facilities constructed or improved under the Industrial Revenue Bond Law (K.S.A. 12-1740 e̲t̲ s̲e̲q̲.). The term "net earnings," as used in K.S.A. 12-1744, refers to revenues received by the city by virtue of such lease agreement. The provisions of K.S.A. 12-1740 e̲t̲ s̲e̲q̲. do not require by implication or otherwise that, as a condition for issuance of industrial revenue bonds, there be a determination by the city that the tenant industry will realize income and revenues solely from its operation of the facilities in amounts adequate to fulfill its obligation to pay the installments of rent and other charges required under a lease agreement. K.S.A. 12-1743 does not require that rental payments specified in a lease agreement bear a relationship to the fair market rental value of the facilities acquired or constructed from the bond proceeds. K.S.A. 12-1743 provides that all details pertaining to the issuance of industrial revenue bonds and the terms and conditions thereof shall be determined by ordinance of the city. An ordinance issued pursuant to K.S.A. 12-1743 may be adopted by a city even though there is no reasonable expectation that the tenant will realize sufficient income solely from its operation of the tenant industry sufficient to meet its obligations under the lease. A city may, pursuant to K.S.A. 12-1743, determine by ordinance and authorize the issuance of term bonds maturing in one or more installments. Cited herein: K.S.A. 10-103, 12-1740, 12-1743, 12-1744, 12-1749a, K.S.A. 1980 Supp. 10-103.
Attorney General Opinion No. 1981-164
Author: Robert T. Stephan
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Languages : en
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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.
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Languages : en
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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.
Attorney General Opinion No. 1981-176
Author: Robert T. Stephan
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Languages : en
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The common law doctrine of incompatibility of offices precludes a school board member from simultaneously holding the office of county commissioner or the office of mayor of a third class city with a mayor-council form of government. Cited herein: K.S.A. 13-2002, 14-301, 14-1402 and 15-301.
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Languages : en
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The common law doctrine of incompatibility of offices precludes a school board member from simultaneously holding the office of county commissioner or the office of mayor of a third class city with a mayor-council form of government. Cited herein: K.S.A. 13-2002, 14-301, 14-1402 and 15-301.
Attorney General Opinion No. 1981-106
Author: Robert T. Stephan
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Languages : en
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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.
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Languages : en
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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.
Attorney General Opinion No. 1981-045
Author: Robert T. Stephan
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Languages : en
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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.
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Languages : en
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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.
Attorney General Opinion No. 1981-107
Author: Robert T. Stephan
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Languages : en
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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.
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Languages : en
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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.
Attorney General Opinion No. 1981-108
Author: Robert T. Stephan
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Languages : en
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Pursuant to K.S.A. 9-1403, the designation of a specific "period of peak deposits" is permissible only where such period occurs at "tax paying time" or "tax distributing time." Cited herein: K.S.A. 1980 Supp. 9-1402, K.S.A. 9-1403, K.S.A. 1980 Supp. 12-1678a, and 1981 House Bill No. 2235.
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Languages : en
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Pursuant to K.S.A. 9-1403, the designation of a specific "period of peak deposits" is permissible only where such period occurs at "tax paying time" or "tax distributing time." Cited herein: K.S.A. 1980 Supp. 9-1402, K.S.A. 9-1403, K.S.A. 1980 Supp. 12-1678a, and 1981 House Bill No. 2235.