Attorney General Opinion No. 1985-182

Attorney General Opinion No. 1985-182 PDF Author: Robert T. Stephan
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Languages : en
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Book Description
Pursuant to K.S.A. 79-304, personal property in transit is required to be listed and taxed in the district where the owner resides, unless the property is intended for a particular business. In such event, the taxing district where the business is to be transacted is to be used. In the case of industrial laundries, the property is not intended for a particular business other than the cleaning, maintenance and delivery services which are performed from the home office. Accordingly, industrial laundries should list their personal property in the taxing district in which they are located, not the district where each individual customer resides. Cited herein: K.S.A. 79-304.

Attorney General Opinion No. 1985-182

Attorney General Opinion No. 1985-182 PDF Author: Robert T. Stephan
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Languages : en
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Book Description
Pursuant to K.S.A. 79-304, personal property in transit is required to be listed and taxed in the district where the owner resides, unless the property is intended for a particular business. In such event, the taxing district where the business is to be transacted is to be used. In the case of industrial laundries, the property is not intended for a particular business other than the cleaning, maintenance and delivery services which are performed from the home office. Accordingly, industrial laundries should list their personal property in the taxing district in which they are located, not the district where each individual customer resides. Cited herein: K.S.A. 79-304.

Attorney General Opinion No. 1985-008

Attorney General Opinion No. 1985-008 PDF Author: Robert T. Stephan
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Languages : en
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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.

Attorney General Opinion No. 1985-031

Attorney General Opinion No. 1985-031 PDF 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 council member and county clerk. Cited herein: K.S.A. 79-1965, 79-5004.

Attorney General Opinion No. 1985-140

Attorney General Opinion No. 1985-140 PDF Author: Robert T. Stephan
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Languages : en
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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.

Attorney General Opinion No. 1985-011

Attorney General Opinion No. 1985-011 PDF Author: Robert T. Stephan
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Languages : en
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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.

Attorney General Opinion No. 1986-136

Attorney General Opinion No. 1986-136 PDF Author: Robert T. Stephan
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Languages : en
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The Kansas Automobile Injury Reparations Act requires a vehicle's insurance policy identification card to provide the name of the insurer and the policy number. The Act does not require that the identification card state the policy's expiration date. A law enforcement officer may not issue a citation for failure of a card to state an expiration date. Cited herein: K.S.A. 1985 Supp. 40-3104, as amended by L. 1986, ch. 182, section 1; K.S.A. 1985 Supp. 40-3107.

Attorney General Opinion No. 1985-045

Attorney General Opinion No. 1985-045 PDF Author: Robert T. Stephan
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Languages : en
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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.

Attorney General Opinion No. 1985-141

Attorney General Opinion No. 1985-141 PDF Author: Robert T. Stephan
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Languages : en
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K.S.A. 75-4304(a) prohibits public officers (which includes city council members) from making or participating in the making of contracts in which they have a substantial interest, but would not preclude a council member from voting on a motion concerning the payment of attorneys fees incurred by the council member in a civil action. However, under common law conflict of interest principles recognized in this state, a city council member is disqualified from making or voting on such a motion. Cited herein: K.S.A. 75-4301; 75-4304.

Attorney General Opinion No. 1985-131

Attorney General Opinion No. 1985-131 PDF Author: Robert T. Stephan
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Languages : en
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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.

Attorney General Opinion No. 1985-030

Attorney General Opinion No. 1985-030 PDF Author: Robert T. Stephan
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Languages : en
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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.