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Attorney General Opinion No 1985 011
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Book Synopsis Attorney General Opinion No. 1985-011 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-011 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Attorney General Opinion No. 1985-162 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-162 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Based upon the Kansas Supreme Court's differentiation of "permissible" and "impermissible" partial exemptions, and the legislative history of 1971 Senate Bill No. 28, it cannot be concluded as a matter of law that the portion of K.S.A. 79-100lb which provides for a maximum 40% reduction in the fair market value of property held as inventory by a merchant is prohibited by Article 11, Section 1 of the Kansas Constitution. Cited herein: K.S.A. 79-1001a, 79-1001b, 79-1004a; Kan. Const., Art. 11, section 1.
Book Synopsis Attorney General Opinion No. 1985-140 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-140 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Attorney General Opinion No. 1985-127 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-127 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the provisions of K.S.A. 1984 Supp. 22-2908 (as amended by L. 1985, ch. 48, section 16) and K.S.A. 12-4415 (as amended by L. 1985, ch. 48, section 11), a county attorney or city attorney is not prohibited from entering into a diversion agreement in lieu of further criminal proceedings if a defendant (charged with an alcohol related offense) has been convicted of or pleaded n̲o̲l̲o̲ c̲o̲n̲t̲e̲n̲d̲e̲r̲e̲ to a violation of an alcohol related offense in a state other than Kansas. However, a previous conviction in another state must be considered in determining whether diversion of a defendant is in the interest of justice. Cited herein: K.S.A. 1984 Supp. 8-1567 (as amended by L. 1985, ch. 50, section 5), K.S.A. 12-4415 (as amended by L. 1985, ch. 48, section 11), K.S.A. 1984 Supp. 22-2908 (as amended by L. 1985, ch. 48, section 16); L. 1983, ch. 37, section 2.
Book Synopsis Attorney General Opinion No. 1985-072 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-072 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A city may use moneys credited to a special liability expense fund to purchase tort liability insurance, but may not use such moneys to construct a "holding pond" on city property. While a city may reduce or eliminate the tax levy authorized by subsection (c) of K.S.A. 75-6110, it may not transfer tax moneys in the special liability expense fund to the general fund of the city. Cited herein: K.S.A. 75-6110, 75-6111, 79-5001, 79-5016; Kan. Const., Art. 11, section 5.
Book Synopsis Attorney General Opinion No. 1985-135 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-135 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to Article 11, Section 12 of the Constitution of the State of Kansas, agricultural land may be valued upon the basis of the agricultural income or productivity of such land. The provisions of L. 1985, ch. 314, section 1 are intended to give effect to this constitutional grant of authority, and will be operative regardless of whether the proposed amendment to Article 11, section 1 of the Kansas Constitution found in L. 1985, ch. 364 is approved by the voters in the 1986 general election. Cited herein: K.S.A. 79-1439; L. 1985, chapters 314, 364; Kan. Const., Art. 11, section 1, 12.
Book Synopsis Attorney General Opinion No. 1985-008 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-008 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Attorney General Opinion No. 1985-031 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-031 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Attorney General Opinion No. 1986-011 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1986-011 written by Robert T. Stephan and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: No conflict exists between Kansas and federal statutes regarding the distribution of money obtained from forfeiture of property in cases involving controlled substances. The state forfeiture statute is not applicable to cases brought in federal court; rather, the federal provisions apply. Cited herein: K.S.A. 65-4135, 21 U.S.C. section 881.
Book Synopsis Attorney General Opinion No. 1985-181 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-181 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A board of county commissioners' use of general fund moneys directly toward a road and bridge obligation does not violate the dictates of K.S.A. 79-2934. Although this statute prohibits a county from transferring moneys from its general fund to any other specific fund, it sets no limitations on the purposes for which moneys from the general fund can be directly spent. Cited herein: K.S.A. 79-1946; 79-2927; 79-2934; Kan. Const., Art. 11, section 5.
Book Synopsis Attorney General Opinion No. 1993-011 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1993-011 written by Robert T. Stephan and published by . This book was released on 1993 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to the Kansas sentencing code neither court services officers nor community corrections officers have authority to unilaterally restrict the liberty of clients under their supervision. A statute which would purport to grant such authority to court services officers or community corrections officers without the benefit of a hearing would violate due process rights guaranteed under the fourteenth amendment to the United States constitution. Cited herein: K.S.A. 1992 Supp. 21-4602; 21-4603; 21-4610.
Book Synopsis Attorney General Opinion No. 1985-075 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-075 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: As a result of the decision in G̲a̲r̲c̲i̲a̲ ̲v̲̲.̲ ̲S̲a̲n̲ ̲A̲n̲̲t̲o̲n̲i̲o̲ ̲M̲e̲t̲r̲o̲p̲o̲l̲i̲t̲a̲n̲ ̲T̲r̲a̲n̲s̲i̲t̲ ̲A̲u̲t̲h̲o̲r̲i̲t̲y̲, the Dickinson County sheriff's department is subject to the federal Fair Labor Standards Act. Department employees who meet the qualifications of 29 C.F.R. section 553.4 are entitled to the exemption from overtime in 29 U.S.C.A. section 207(k) if the employer so elects. As the department has more than four employees who are law enforcement officers, it is therefore not eligible for the exemption in 29 U.S.C.A. section 213(b)(20). Law enforcement employees who are subject to section 7(k) may work a maximum of 171 hours in a 28 day pay period. Following April 15, 1985, overtime is required to be paid to such employees for any hours over this amount. Cited herein: 29 U.S.C.A. sections 201, 203, 206, 207, 213, 216, 217; K.S.A. 19-803, 44-1203, 44-1204; 29 C.F.R. sections 516, 531, 541, 553, 778, 785; U.S. Supreme Court Rule 51, 52.
Book Synopsis Attorney General Opinion No. 1985-045 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-045 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Attorney General Opinion No. 1986-114 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1986-114 written by Robert T. Stephan and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Kansas is one of 21 states that currently requires affirmation and price posting by all suppliers of liquor who sell their products to distributors (wholesalers) in the state. Price posting is a requirement that each supplier notify Alcoholic Beverage Control of the price to be charged for each item to be sold in the state. Affirmation is a sworn statement that the prices as posted are at the same level as the lowest prices offered to wholesalers in any other state. The statement also serves as an agreement not to discriminate among Kansas distributors in terms of prices or other services. On June 3, 1986, the United States Supreme Court held that New York's price affirmation laws were unconstitutional because they placed a substantial burden on interstate commerce. In that the price affirmation laws of Kansas and New York are virtually identical, it is our opinion that Kansas affirmation laws relating to pricing in any other state is unconstitutional. Furthermore, enforcement of this interstate affirmation should cease immediately. The Supreme Court's decision did not address intrastate affirmation or posting. It is our opinion that intrastate affirmation and intrastate posting should continue to be enforced. This will ensure that no discrimination among Kansas wholesalers will occur. Cited herein: K.S.A. 1985 Supp. 41-1101; K.S.A. 41-1111; 41-1112; K.A.R. 14-4-7; K.A.R. 14-4-11 (1985).
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Book Synopsis Attorney General Opinion No. 1985-131 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-131 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Opinions of the Attorney General of California by : California. Office of the Attorney General
Download or read book Opinions of the Attorney General of California written by California. Office of the Attorney General and published by . This book was released on 1950 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt:
