Attorney General Opinion No. 1986-082

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Book Synopsis Attorney General Opinion No. 1986-082 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1986-082 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: K.S.A. 80-202 provides that a member of a township board must vacate such position in the event that he becomes a nonresident of such township. A member of the Topeka Township Board who becomes a nonresident due to annexation may not continue to serve on the board during the interim between the present date and January 1, 1987. Cited herein: K.S.A. 12-503a; 25-1602; 25-1606; 79-1807; 80-202.

Attorney General Opinion No. 1987-082

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Book Synopsis Attorney General Opinion No. 1987-082 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-082 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 1986 Supp. 79-2020 does not operate retrospectively. Prior to the enactment of K.S.A. 1986 Supp. 79-2020, taxes assessed but not paid prior to the transfer of property are the responsibility of the transferor of the property and do not follow the property to the transferee in the form of a lien. Cited herein: K.S.A. 79-1703; K.S.A. 1986 Supp. 79-2020; K.S.A. 79-2109; 79-2110; 79-2111.

Attorney General Opinion No. 1988-082

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Book Synopsis Attorney General Opinion No. 1988-082 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1988-082 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: K.S.A. 1987 Supp. 36-206 and 36-207, add "dwelling unit" to penal statutes of defrauding an innkeeper or owner. K.S.A. 1987 Supp. 36-206 and 36-207, as applied to tenants, do not violate Section 16 of the Bill of Rights of the Constitution of the State of Kansas nor do they violate the due process provisions of the Fourteenth Amendment of the United States Constitution. Cited herein: K.S.A. 1987 Supp., 26-206; 36-207; Kan. Const., Bill of Rights, section 16; U.S. Const., Fourteenth Amendment.

Attorney General Opinion No. 1986-020

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Book Synopsis Attorney General Opinion No. 1986-020 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1986-020 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: A state or national bank which receives a deposit of state moneys is required to secure the account by a pledge of securities. K.S.A. 1985 Supp. 75-4218. Direct obligations of the United States government or its agencies are qualified securities, as are obligations insured as to principal and interest by the United States government or one of its agencies. K.S.A. 75-4201(p)(1). Cited herein: K.S.A. 75-4201; K.S.A. 1985 Supp. 75-4218; K.S.A. 75-4221; 7 U.S.C. sections 1981; 1988; 12 U.S.C. sections 1435; 1455; 1717; 1719; 1721; 15 U.S.C. sections 633; 634; 16 U.S.C. sections 831n-1; 831n-3; 831n-4; 31 U.S.C. section 3123; 42 U.S.C. sections 3534; 4514.

Attorney General Opinion No. 1986-149

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Book Synopsis Attorney General Opinion No. 1986-149 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1986-149 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: K.S.A. 1985 Supp. 44-508, as amended by L. 1986, ch. 189, section 1, broadens the definition of "employer," and "workman, employee or worker" for purposes of community service work. This amendment to the Workmen's Compensation Act allows offenders sentenced or assigned to community service work to be covered by workers' compensation, during the time they are performing community service work, if the entity(ies) receiving or assigning such work so elect(s). In that K.S.A. 1985 Supp. 44-508, as amended, specifically includes persons performing community service work within the definition of "workman, employee or worker," we withdraw Attorney General Opinion No. 82-213, which concluded such a person is not a workman, employee or worker under the terms of the Workmen's Compensation Act prior to the amendment. Cited herein: K.S.A. 44-501 e̲t̲ s̲e̲q̲.; K.S.A. 1985 Supp. 44-508, as amended by L. 1986, ch. 189, section 1; Supplemental Note on House Bill No. 2891.

Attorney General Opinion No. 1986-102

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Book Synopsis Attorney General Opinion No. 1986-102 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1986-102 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: A contest which requires a person to purchase a newspaper to obtain entry forms to participate constitutes a lottery and is illegal in Kansas. Cited herein: K.S.A. 21-4302.

Attorney General Opinion No. 1986-145

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Book Synopsis Attorney General Opinion No. 1986-145 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1986-145 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: The Uniform Vital Statistics Act neither prohibits nor authorizes the transfer of certain data by the office of vital statistics to the Department of Revenue. The Secretary of the Department of Health and Environment may promulgate regulations, subject to the provisions of the act, authorizing release of such information. Cited herein: K.S.A. 65-2401 e̲t̲ s̲e̲q̲., 65-2402, 65-2422.

Attorney General Opinion No. 1986-138

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Book Synopsis Attorney General Opinion No. 1986-138 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1986-138 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 its police power, a state may reimburse itself for the cost of regulating and supervising a business by assessing the necessary expenses to the business which created the necessity for such regulation and supervision. Use of conservation fee fund monies for the prevention and cleanup of pollution from oil and gas activities regulated by the state corporation commission is sufficiently related to the regulatory function to make its use for such purposes a valid exercise of the police power. The conservation fee fund may be used to fund the study and cleanup of oil and gas pollution pursuant to section 37 of 1986 House Bill No. 3078 (K.S.A. 55-143, as amended by 1986, ch. 201, section 37), to the extent that such study and cleanup are reasonably related to those activities of the oil and gas industry which are regulated by the commission. Use of the conservation fee fund by the state corporation commission for those oil and gas activities it does not regulate (as authorized by K.S.A. 55-143, as amended by L. 1986, ch. 201, section 37, which references subsection (a)(2)(A)-of K.S.A. 65-171d, as amended by L. 1986, ch. 201. section 22), is contrary to the findings of the Kansas Supreme Court in P̲a̲n̲h̲a̲n̲d̲l̲e̲ ̲E̲a̲s̲t̲e̲r̲n̲ ̲P̲i̲p̲e̲l̲i̲n̲e̲ ̲v̲.̲ ̲F̲a̲d̲e̲l̲e̲y̲. Such use exacts revenue from the oil and gas industry under the guise of a regulatory fee in violation of article 11, section 1 of the Kansas Constitution, and the commerce clause and the Fourteenth Amendment of the United State Constitution. Cited herein: Kans. Const., Art. 11, section 1; U.S. Const., Fourteenth Amendment; K.S.A. 55-131; 55-143; 65-171d, as amended by L. 1986, ch. 33, section 10(f); L. 1986, ch. 201, sections 1, 2, 10, 17, 22, 28, 37, 39 and 40; and K.A.R. 28-41-1.

Attorney General Opinion No. 1986-148

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Book Synopsis Attorney General Opinion No. 1986-148 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1986-148 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: A search warrant maybe issued by a district magistrate judge upon the sworn oral or written statement of a city attorney. Municipal law enforcement officers may execute such warrant, and property seized pursuant to the warrant may be admissible as evidence in a municipal court. However, K.S.A. 1985 Supp. 8-1001(f) precludes the use of a search warrant to obtain a blood sample from a person who has refused to submit to a blood, breath or urine test pursuant to that statute. An ordinance authorizing such procedure would be in conflict with the state statute prohibiting further testing after an informed refusal. Cited herein: K.S.A. 1985 Supp. 8-1001, as amended by L. 1986, ch. 40, section 2; K.S.A. 1985 Supp. 8-1005, as amended by L. 1986, ch. 41, section 1; K.S.A. 1985 Supp. 8-1567(m); K.S.A. 12-4504; K.S.A. 1985 Supp. 22-2202, as amended by L. 1986, ch. 133, section 1; K.S.A. 22-2502; 22-2503; 22-2507; L. 1986, ch. 40, section 1.

Attorney General Opinion No. 1986-162

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Book Synopsis Attorney General Opinion No. 1986-162 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1986-162 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: K.S.A. 75-4319(b)(2) authorizes public bodies subject to the Kansas Open Meetings Act (KOMA) to recess into an executive session for the purpose of "consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship ..." The term "consultation" as used in the KOMA necessarily implies the presence of an attorney. Even though a letter from an attorney to his client containing advice is a privileged communication, we must conclude that members of a public body cannot recess into an executive session to review and discuss among themselves a letter from their attorney. Therefore, it is our opinion that the "consultation with an attorney" exception to the open meetings law cannot be invoked unless the attorney for the body is present. Cited herein: K.S.A. 60-426; 75-4317; K.S.A. 1985 Supp. 75-4318(a); K.S.A. 75-4319.

Attorney General Opinion No. 1986-152

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Book Synopsis Attorney General Opinion No. 1986-152 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1986-152 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: The United States Environmental Protection Agency allows for the use of a parent corporate guarantee as an additional financial responsibility mechanism for subsidiary owners and operators of hazardous waste facilities to comply with the third-party liability requirements of 40 C.F.R. sections 264.147 and 265.147. Regardless whether this guarantee is defined as "insurance," it is enforceable against the parent company. Cited herein: K.S.A. 1985 Supp. 40-2702; K.A.R. 28-31-8; 40 C.F.R. sections 264.147; 265.147.

Attorney General Opinion No. 1986-041

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Book Synopsis Attorney General Opinion No. 1986-041 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1986-041 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: A director of a rural water district may be employed by the district in a position which does not involve an exercise of the sovereign power of the district. Neither K.S.A. 75-4304, relating to conflicts of interests, nor the common law doctrine of incompatibility of offices would preclude such employment. Cited herein K.S.A. 75-4303a; 75-4304.

Attorney General Opinion No. 1986-019

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Book Synopsis Attorney General Opinion No. 1986-019 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1986-019 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: A petition prepared and filed pursuant to K.S.A. 72-8801 must meet the requirements of K.S.A. 25-3601 e̲t̲ s̲e̲q̲. Since the petition submitted for our examination does not state any question in terms of an election, such petition would be invalid if filed in the present form. Cited herein: K.S.A. 25-3601; K.S.A. 1985 Supp. 25-3602; K.S.A. 72-8801.

Attorney General Opinion No. 1986-001

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Book Synopsis Attorney General Opinion No. 1986-001 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1986-001 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: The Kansas Open Records Act, K.S.A. 1984 Supp. 45-215 e̲t̲ s̲e̲q̲., does not require that a city employee disclose names and addresses derived from city records to a person who the employee knows intends to use such names and addresses for a commercial purpose. Such disclosure is specifically prohibited by K.S.A. 1984 Supp. 21-3914. Any person who receives a list of such names and addresses for the purpose of selling or offering to sell any property or service to listed persons may be found guilty of a misdemeanor. Cited herein: K.S.A. 1984 Supp. 21-3914; 45-221.

Attorney General Opinion No. 1986-160

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Book Synopsis Attorney General Opinion No. 1986-160 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1986-160 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: Based on the nominee's personal data form as submitted to the Supreme Court Nominating Commission, said nominee does not meet the qualification in K.S.A. 20-105 of having engaged in the active and continuous practice of law for a period of ten years prior to the date of appointment as justice. The active practice of law has been defined by the Supreme Court of Kansas as meaning that the legal activities of the individual must have been pursued on a full-time basis and constituted his regular business. The nominee is not automatically disqualified because of having held the positions to which he has been appointed, but because his personal data form does not indicate that his legal activities while holding those positions were "pursued on a full-time basis and constituted his regular business." In making the ultimate determination of whether this nominee is qualified, the Supreme Court Nominating Commission may consider additional information regarding specific legal services performed by the nominee in his various employments and may thus reach a contrary conclusion. Cited herein: K.S.A. 20-105.

Attorney General Opinion No. 1986-125

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Book Synopsis Attorney General Opinion No. 1986-125 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1986-125 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: It is our opinion that advanced registered nurse practitioners may not issue prescription orders pursuant to a physician's standing orders or protocol because they have not been granted such authority by the statutes and regulations under which they are licensed. Physicians' assistants, however, are expressly authorized to practice medicine under the direction and supervision of a physician. Since the practice of medicine includes the act of prescribing medicine, we conclude that physicians' assistants may issue prescription orders under the direction and supervision of a physician. Cited herein: K.S.A. 65-1113(d), (g); 65-1626(t), (x), as amended by L. 1986, ch. 236, section 1; 65-2869(b); 65-2896e; 65-2897a(a), (c); K.A.R. 1985 Supp. 60-11-104; 60-11-105; 60-11-106.

Attorney General Opinion No. 1994-031

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Book Synopsis Attorney General Opinion No. 1994-031 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1994-031 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In enacting K.S.A. 12-5040, it was the intent of the legislature to obligate each local government, including a county, which provides an employer-sponsored group health care benefits plan for the employees of the local government to make available continued participation in the group health care benefits plan to an elected official who served the local government for not less than 10 years and who retired from such service after December 31, 1988. The continued participation in the group health care benefits plan is contingent upon filing the appropriate application pursuant to K.S.A. 12-5040. Cited herein: K.S.A. 12-5040; L. 1988, ch. 302, secs. 4, 18; 1988 House Bill No. 3828; Pub. L. No. 99-272, 100 Stat. 82 (1986).