Attorney General Opinion No 1981 007
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| Author | : Robert T. Stephan |
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| Release | : 1981 |
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The Kansas Commission on Civil Rights may impose reasonable personnel rules upon its employees, but any such rule may not unreasonably limit a fundamental right of a public employee. The Commission may, in circumstances justifying the same, dismiss an attorney or hearing examiner for violation of a reasonable and constitutional personnel rule, relating to conflict of interest, adopted by the Commission. Cited herein: K.S.A. 1980 Supp. 75-2949(1); K.A.R. 1980 Supp. 1-9-1 and 1-10-1(a); U.S. Const., Amend. I.
| Author | : Robert T. Stephan |
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| Release | : 1985 |
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K.S.A. 1984 Supp 8-1341a provides that speeding convictions for traveling not more than 10 miles per hour in excess of the 55 miles per hour speed limit shall not be part of the public record and shall not be considered by any insurance company in establishing rates for an automobile liability insurance policy or cancelling such coverage. However, the statute does not have the effect of closing any other records concerning arrests, issuance of citations or judicial proceedings. While K.S.A. 1984 Supp. 74-2012(b)(1) and (2) permit the release of information by the division of vehicles or a law enforcement agency to insurers who are processing applications for, or renewing or cancelling, motor vehicle liability insurance policies, such a release involves only information in the public record. As information concerning the convictions specified in K.S.A. 1984 Supp. 8-1341a is not part of the public record, it is not subject to being released under the provisions of K.S.A. 1984 Supp. 74-2012. Cited herein: K.S.A. 8-1001, K.S.A. 1984 Supp. 8-1341a, 21-3914, 45-217, 45-221, 74-2012.
| Author | : Robert T. Stephan |
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| Release | : 1987 |
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K.S.A. 25-302a requires that the circulator of a petition circulated pursuant to that statute be a registered voter of the county in which the petition is circulated. The statute requires additionally that petitions circulated under K.S.A. 25-302a be examined for sufficiency pursuant to the provisions of K.S.A. 25-3601 e̲t̲ s̲e̲q̲. K.S.A. 25-3602(c) states that the circulator of a petition shall be a resident of the political or taxing subdivision in which the election is sought to be held. In that a person may have only one residence under Kansas law, an individual in Kansas is prohibited from claiming simultaneous residence in one county, and voter registration (and thus residence) in another county. Accordingly, in light of these statutory provisions, the circulator of a petition may not collect signatures from residents of other counties even if they sign the petition while in the circulator's county. Cited herein: K.S.A. 25-302a; 25-407; 25-3602; K.S.A. 1986 Supp. 77-201.
| Author | : Curt Thomas Schneider |
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| Release | : 1978 |
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A member of a community junior college board of trustees who abstains from voting upon a particular question shall be deemed to acquiesce in the will of the majority of members voting upon that question.
| Author | : Robert T. Stephan |
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| Release | : 1981 |
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Bond proceeds and other funds including rental payments paid to a municipality as a result of the issuance of industrial revenue bonds in accordance with K.S.A. 12-1740 e̲t̲ s̲e̲q̲. may properly be invested in a mutual fund or "trust" composed entirely of United States Treasury obligations if such investment is authorized in the ordinance issuing said bonds in accordance with K.S.A. 12-1743. Cited herein: K.S.A. 10-101, K.S.A. 1980 Supp. 10-131, 10-1009, 12-1675, K.S.A. 12-1740, K.S.A. 12-1743.
| Author | : Vern Miller |
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| Total Pages | : 2 |
| Release | : 1974 |
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"Under K.S.A. 24-410 as amended, the term "qualified elector" includes any person who is registered to vote, any person eighteen years of age or older who owns land within the district but who is not a resident therein, and any person eighteen years of age or older who is a resident of the district and who owns tangible personal property within the district."
| Author | : Robert T. Stephan |
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| Release | : 1982 |
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The requirement of K.S.A. 79-501, that the appraisal of real property be based upon an actual view and inspection of the property, carries with it the implied authority for the appraiser to enter upon real property to perform these functions, without such action constituting a trespass. Due to such implied authority, the prior permission of the taxpayer to enter upon the real property, for the limited purposes of viewing and inspecting the same, is not required. If, however, the appraiser's entry upon real property is opposed by a taxpayer, the appraiser's paramount duty is to preserve the public peace. In such situations, the appraiser may proceed, through legal channels, to assure fulfillment of the legal duty to appraise the real property by an actual view and inspection thereof. Cited herein: K.S.A. 79-501.
| Author | : Curt Thomas Schneider |
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| Release | : 1977 |
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The Small Claims Procedure Act, K.S.A. 61-2701 et seq., does not prohibit a handicapped person who appears as a party in an action under that act from utilizing the assistance o some other individual in the presentation of the party's claim or defense in such an action, here such assistance is designed to permit the handicapped party to present his or her claim effectively despite speech, hearing or other impairments which would otherwise hinder or prevent such handicapped person from utilizing the small claims procedure act for the resolution of disputes.
| Author | : Ohio. Attorney General's Office |
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| Total Pages | : 726 |
| Release | : 2017 |
| Genre | : Administrative law |
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| Author | : Robert T. Stephan |
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| Release | : 1990 |
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K.S.A. 19-705, 28-175 and general definitions of the term "costs" preclude the district or county attorney from retaining a portion of the sale proceeds as a fee for services rendered pursuant to K.S.A. 65-4173. Cited herein: K.S.A. 19-701; 19-705; 28-175; K.S.A. 1988 Supp. 65-4135; 65-4156; 65-4171; 65-4173.
