Attorney General Opinion No 1985 017

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Attorney General Opinion No. 1985-017

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (849 download)

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Book Synopsis Attorney General Opinion No. 1985-017 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1985-017 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: K.S.A. 1984 Supp. 40-3104(d) requires that any person operating a motor vehicle upon the highways of Kansas be able to show, upon demand by a law enforcement official, evidence of financial security. Subsection (e) defines evidence of financial security as including a policy of motor vehicle liability insurance or an identification card or certificate issued by the insurance company which has such a policy in effect on the vehicle. The subsection also provides that a person charged with a violation of K.S.A. 1984 Supp. 40-3104(d) has 20 days to produce such evidence of financial security, either in court or in the office of the arresting officer. By this language, the legislature has permitted a minimum time period in which a person may, at his or her convenience, produce evidence of financial security in one of two different locations. Additionally, the "form" which is forwarded to the department of revenue following the production of such evidence should be filled out at the office of the arresting officer or the court at the time such evidence is produced, and not before. Cited herein: K.S.A. 1984 Supp. 40-3104.

Attorney General Opinion No. 1986-017

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (841 download)

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Book Synopsis Attorney General Opinion No. 1986-017 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1986-017 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: Absent legislative authority, "nonreceiving" associations may not be reclassified as "receiving" association after their initial year of participation in the distribution of funds under the Firefighters Relief Act. Cited herein: K.S.A. 1985 Supp. 40-1706(c).

Attorney General Opinion No. 1985-175

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (857 download)

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Book Synopsis Attorney General Opinion No. 1985-175 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1985-175 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: Electric cooperatives organized pursuant to K.S.A. 17-4601 e̲t̲ s̲e̲q̲., are non-profit corporations formed for the purpose of supplying electric energy to their members and promoting and extending the use of such energy. They are private business corporations which are owned and controlled by the members who receive their services. Such cooperatives are not legislative or administrative bodies or agencies of the state or its political and taxing subdivisions, and do not receive or expend public funds. Accordingly, they are not subject to the requirements of the Kansas Open Meetings Act. Cited herein: K.S.A. 17-4602; 17-4606; 17-4608; 17-4609; 17-4610; 17-4612; 17-4613; 17-4614; K.S.A. 75-4317; 75-4318, as amended by L. 1985, Ch. 284.

Attorney General Opinion No. 1985-077

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (849 download)

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Book Synopsis Attorney General Opinion No. 1985-077 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1985-077 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 corporation which is a partner in a general or limited partnership is not, in the absence of any further action, "doing business" in this state so as to require compliance with the provisions of K.S.A. 17-7301 e̲t̲ s̲e̲q̲., even though the partnership itself is authorized to do business in Kansas. However, if the corporation uses the partnership as a means of conducting its own business, it may be "doing business" as defined in K.S.A. 17-7303 and so be required to comply. Cited herein: K.S.A. 17-7303, 60-308.

Attorney General Opinion No. 1986-026

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (841 download)

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Book Synopsis Attorney General Opinion No. 1986-026 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1986-026 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: Under the provisions of K.S.A. 17-1902 and K.S.A. 1985 Supp. 12-2001, telephone companies may build their lines along and upon city streets (in such manner as not to inconvenience the public in the use of the street), subject to reasonable municipal regulations. Accordingly, a city may impose reasonable restrictions upon the manner and place of construction of proposed telephone lines. Cited herein: K.S.A. 1985 Supp. 12-2001; K.S.A. 17-1901; 17-1902; 17-1906.

Attorney General Opinion No. 1985-008

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (849 download)

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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.

Attorney General Opinion No. 1979-017

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (875 download)

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Book Synopsis Attorney General Opinion No. 1979-017 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1979-017 written by Robert T. Stephan and published by . This book was released on 1979 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Law enforcement agencies are required by law to maintain a permanent record of all felony offenses reported or known to have been committed within their jurisdiction, and these records are official public records which shall be open for inspection by any citizen. Reports, memoranda, or other internal government documents made by officers in connection with the investigation or prosecution of a case are not public records and are not open to public inspection. Motor vehicle accident reports are official public records and shall be open for public inspection.

Attorney General Opinion No. 1985-031

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (849 download)

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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.

Attorney General Opinion No. 1985-140

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (854 download)

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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.

Attorney General Opinion No. 1985-131

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (853 download)

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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.

Attorney General Opinion No. 1985-074

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (849 download)

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Book Synopsis Attorney General Opinion No. 1985-074 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1985-074 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 Kansas Parentage Act, contained in 1985 House Bill No. 2012, amends K.S.A. 65-2422 to require that no information regarding the birth of a child shall be released in a manner which allows determination of the marital status of the parents. This amended statute may be read so as to be consistent with K.S.A. 65-2423, which allows adopted persons to obtain an original of their birth certificate upon demand once they obtain the age of 18. In any other circumstances, however, the intent of the legislature is to prevent access to such information, with this prohibition including those birth certificates filed in the past which contain questions regarding the legitimacy of the birth. Such certificates may be released only after the prohibited information is removed or obscured in such a way as to be unintelligible. Cited herein: K.S.A. 1984 Supp. 65-2409; K.S.A. 65-2422, as amended by 1985 House Bill 2021; K.S.A. 65-2423; K.A.R. 28-17-1.

Attorney General Opinion No. 1988-017

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (819 download)

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Book Synopsis Attorney General Opinion No. 1988-017 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1988-017 written by Robert T. Stephan and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Moneys in a special alcohol and drug programs fund established pursuant to K.S.A. 1987 Supp. 79-41a04 may not be used to finance drug law enforcement operations. Cited herein: K.S.A. 1987 Supp. 79-41a02; 79-41a03; 79-41a04.

Attorney General Opinion No. 1985-176

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (857 download)

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Book Synopsis Attorney General Opinion No. 1985-176 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1985-176 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: K.S.A. 12-4109 requires each city to provide a suitable courtroom for the municipal court, and states that the court shall be held at such time and places designated by city ordinance. Nothing in the statute, or in the Code of Procedure for Municipal Courts of which it is a part, prohibits a city from designating a location outside the city limits as the site of the municipal court. However, if appearing at a designated site imposes a burden on defendants which is unreasonable, such action of a city may be found to be a violation of due process under the United States Constitution. Given the location of the City of Eastborough and the lack of any suitable courtroom facility within the city limits, the designation of a courtroom in the Sedgwick County Courthouse is not unreasonable. Cited herein: K.S.A. 12-4109; Kan. Const., Art. 12, section 5; U.S. Const., Fourteenth Amendment.

Attorney General Opinion No. 1985-045

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (849 download)

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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.

Attorney General Opinion No. 1985-121

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (853 download)

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Book Synopsis Attorney General Opinion No. 1985-121 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1985-121 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: Where a city has exempted itself from all statutory restrictions relating to the procurement of goods and services, it is not required to let procurement contracts to the lowest bidder. Under such circumstances, the governing body may exercise unlimited discretion in procuring its needs, so long as it is not guilty of fraud. Therefore, such a city may negotiate contracts with vendors chosen by the council; adopt an ordinance prescribing residency qualifications which must be satisfied by prospective bidders; or enact an ordinance which prescribes a percentage preference in favor of resident bidders. Additionally, where a city expends only its own funds entering into such procurement contracts, the above-described local preference legislation would not violate the Commerce Clause, Equal Protection Clause or First Amendment to the United States Constitution. However, such legislation is subject to scrutiny under the Privileges and Immunities Clause of the United States Constitution, and a city must present sufficient justification for discrimination against nonresidents who wish to transact business with the city. K.S.A. 75-6111 confers authority upon municipalities to obtain tort liability insurance through negotiation, and no Kansas law requires cities to obtain insurance through competitive bidding. Under such circumstances, a city may provide for its insurance needs through negotiation, and the award of insurance contracts pursuant to a negotiation process does not, in and of itself, violate anti-trust laws. Cited herein: K.S.A. 13-1017, 50-101, 75-3740a, 75-6111; L. 1985, ch. 181; Kan. Const., Art. 12, section 5; 15 U.S.C. sections 1, 15, 15a, 15c, 34, 35, 36; U.S. Const., Art. I, Sec. 8, cl. 3; Art. IV, Sec. 2, cl. 1; 1st Amend.; 14th Amend.

Attorney General Opinion No. 1985-012

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (849 download)

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Book Synopsis Attorney General Opinion No. 1985-012 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1985-012 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: Teaching personnel at the State School for the Deaf and the State School for the Visually Handicapped are state employees in the unclassified service of the state's civil service system. As such, they are not governed by the laws which grant tenure and continuing contract rights to teachers in the public elementary and secondary schools. Cited herein: K.S.A. 72-5410, 72-5413, K.S.A. 1984 Supp. 72-5436, K.S.A. 75-2935, 76-715, 76-1001a, 76-1002a, 76-1101a, 76-1116.

Attorney General Opinion No. 1985-030

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (849 download)

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Book Synopsis Attorney General Opinion No. 1985-030 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1985-030 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 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.