Attorney General Opinion No 1986 138

Download Attorney General Opinion No 1986 138 full books in PDF, epub, and Kindle. Read online Attorney General Opinion No 1986 138 ebook anywhere anytime directly on your device. Fast Download speed and no annoying ads. We cannot guarantee that every ebooks is available!

Attorney General Opinion No. 1986-138

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (842 download)

DOWNLOAD NOW!

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. 1986-162

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (845 download)

DOWNLOAD NOW!

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. 1986-148

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (842 download)

DOWNLOAD NOW!

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. 1985-138

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

DOWNLOAD NOW!

Book Synopsis Attorney General Opinion No. 1985-138 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1985-138 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: Larned State Hospital employees, who are indirectly appointed by and are under the control of the Secretary of Social and Rehabilitation Services, are considered to be employees of the Department of Social and Rehabilitation Services. Such employees are therefore subject to the provisions of K.S.A. 1984 Supp. 38-1523(c), which requires that suspected child abuse or neglect by persons employed by the Department of Social and Rehabilitation Services be investigated by the appropriate law enforcement agency rather than the department. Cited herein: K.S.A. 1984 Supp. 38-1523; K.S.A. 75-7308b; 76-12a01; 76-12a02; 76-12a05.

Attorney General Opinion No. 1988-038

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

DOWNLOAD NOW!

Book Synopsis Attorney General Opinion No. 1988-038 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1988-038 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: Persons elected to judge of the district court in November 1986 due to a vacancy in office were elected to a four year term to expire January 1991. Cited herein: K.S.A. 1987 Supp. 20-301a; 25-312a; K.S.A. 25-313; 25-314; 25-3904; 25-3906; L. 1985, ch. 119, section 1; L. 1976, ch. 145, section 138; Kan. Const., Art. 3, section 6.

Attorney General Opinion No. 1986-013

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

DOWNLOAD NOW!

Book Synopsis Attorney General Opinion No. 1986-013 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1986-013 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. 75-4218 provides that all state bank accounts shall be secured by a pledge of securities owned by each bank receiving a deposit. The term "securities" is defined by K.S.A. 75-4201(p)(1) to include direct obligations of, or obligations that are insured by, the United States government or one of its agencies. By virtue of 12 U.S.C. 52001 e̲t̲ s̲e̲q̲., federal land banks, land bank associations, production credit associations, intermediate credit banks and banks for cooperatives are "federally chartered instrumentalities". This term has been interpreted by courts in Kansas and elsewhere as not raising them to the level of federal agencies. Accordingly, under K.S.A. 75-4201 as it now reads, obligations of these federally chartered instrumentalities may not be pledged to secure the deposit of state funds in Kansas banks. However, due to a 1983 amendment to K.S.A. 1984 Supp. 19-1402, such obligations may be used as security for the deposit of m̲u̲n̲i̲c̲i̲p̲a̲l̲ funds. Cited herein: K.S.A. 1985 Supp. 9-1402; K.S.A. 75-4201; K.S.A. 1985 Supp 75-4218; L. 1983, ch. 47, section 3; 12 U.S.C. sections 2011, 2012, 2031, 2033, 2071, 2072, 2091, 2093, 2121, 2122, 2155, 2157.

Attorney General Opinion No. 1986-059

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

DOWNLOAD NOW!

Book Synopsis Attorney General Opinion No. 1986-059 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1986-059 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 laws pertaining to driving under the influence of alcohol allow conviction when the accused's blood or breath alcohol test (BAT) registers less than .10 as long as other supporting evidence is available. A conviction under a similar statute in another state may be considered for sentencing purposes. Cited herein: K.S.A. 1985 Supp. 8-1005; 8-1567.

Attorney General Opinion No. 1986-041

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

DOWNLOAD NOW!

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. 1986-130

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

DOWNLOAD NOW!

Book Synopsis Attorney General Opinion No. 1986-130 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1986-130 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. 21-4602, as amended by L. 1986, ch. 123, provides that the court retains jurisdiction over a person assigned to community corrections. Cited herein: K.S.A. 1985 Supp. 21-4602, as amended by L. 1986, ch. 123, section 5.

Attorney General Opinion No. 1986-160

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (842 download)

DOWNLOAD NOW!

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. 1986-133

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

DOWNLOAD NOW!

Book Synopsis Attorney General Opinion No. 1986-133 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1986-133 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. 75-4318(b)(1) provides that if a request for notice of meetings subject to the Kansas Open Meetings Act (KOMA) is made by petition, notice is required to be given only to a designated person. We conclude that the request for notice submitted for our opinion constitutes a petition for purposes of the KOMA. Individual notice, therefore, is not required to be given to each person on the list. If individual requests for notice are made, however, notice must be given either in writing or by telephone to each person. We note that, if a public body has regularly scheduled meetings, the notice requirement is met by providing a single notice containing a list of such meetings. Additional notice must be given, however, of any changes or special meetings. Under the open meetings law a distinction is made between the requirements concerning notice and agenda. While notice must be f̲u̲r̲n̲i̲s̲h̲e̲d̲ to the person requesting it, K.S.A. 1985 Supp. 75-4318(b), an agenda must be m̲a̲d̲e̲ ̲a̲v̲a̲i̲l̲a̲b̲l̲e̲ to the requester if one is prepared, K.S.A. 1985 Supp. 75-4318(d). We affirm our previous opinion, No. 79-218, that a public body is not required to mail copies of an agenda if it can be obtained at a public place. Cited herein: K.S.A. 25-3601; 72-8801; 75-4317; K.S.A. 1985 Supp. 75-4318.

Attorney General Opinion No. 1986-020

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

DOWNLOAD NOW!

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. 1986-090

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

DOWNLOAD NOW!

Book Synopsis Attorney General Opinion No. 1986-090 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1986-090 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: An ordinance which authorizes a local human relations commission to award compensatory and punitive damages in a discrimination case is incidental to effectuation of a public purpose, i.̲e̲.̲ the elimination of discrimination within a community, and constitutes a valid exercise of city home rule powers. While a local human relations commission lacks standing in district court to enforce such an award, a victim of discrimination may file suit for enforcement in district court. Cited herein: K.S.A. 1985 Supp. 44-1005; K.S.A. 44-1011; 60-217; K.S.A. 1985 Supp. 60-2101(d); Kan. Const., Art. 12, section 5.

Attorney General Opinion No. 1986-161

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (842 download)

DOWNLOAD NOW!

Book Synopsis Attorney General Opinion No. 1986-161 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1986-161 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: Any law enforcement officer may execute an arrest warrant within the officer's jurisdictions. Cited Herein: K.S.A. 19-812a; K.S.A. 1985 Supp. 22-2202, as amended by L. 1986, ch. 133, 150; K.S.A. 22-2305; K.S.A. 1985 Supp. 22-2401a.

Attorney General Opinion No. 1986-141

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (842 download)

DOWNLOAD NOW!

Book Synopsis Attorney General Opinion No. 1986-141 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1986-141 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 photocopy of an original document conveying or affecting real property may be recorded with the register of deeds so long as the grantor actually signs the copy and the acknowledging officer actually signs the copy and imprints upon it his or her seal. The chief engineer of the division of water resources of the state board of agriculture is the grantor of water appropriation rights and may delegate such authority to his or her staff. In the situation presented for our opinion, the photocopy of the certificate presentedriation for beneficial use of water ptesented to the register of deeds for recordation is actually signed by the grantor. This document, however, may not be properly recorded until it bears the o̲r̲i̲g̲i̲n̲a̲l̲ signature and seal of the acknowledging officer. Cited herein: K.S.A. 1985 Supp. 53-102; 58-2209; 58-2211; K.S.A. 74-510a; 82a-701; K.S.A. 1985 Supp. 82a-714.

Attorney General Opinion No. 1986-004

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (833 download)

DOWNLOAD NOW!

Book Synopsis Attorney General Opinion No. 1986-004 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1986-004 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. 21-3108(4)(c), a second prosecution in a municipal court is not barred by the Double Jeopardy Clause of the Fifth Amendment, after a trial d̲e̲ n̲o̲v̲̲o̲ is dismissed at the district court level. A defendant who elects to be tried d̲e̲ n̲o̲v̲̲o̲ is in the same position as a convicted defendant who successfully appeals. Both Kansas law and United States Supreme Court decisions provide that such circumstances clearly allow a successive trial. As a result, the case may be reprosecuted in municipal court, for the defendant's election to exercise his right to a d̲e̲ n̲o̲v̲̲o̲ trial has the effect of wiping out the earlier judgment. Cited herein: K.S.A. 21-3108; 22-3609.

Attorney General Opinion No. 1986-165

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (845 download)

DOWNLOAD NOW!

Book Synopsis Attorney General Opinion No. 1986-165 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1986-165 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 Secretary of Administration has the authority to enter into an agreement with a non-profit corporation whereby that corporation, at its own expense, will plan and construct a Fountain of Justice, dependent upon the Secretary's approval, on state-owned property. The Secretary may further agree to maintain such fountain, provided the agreement complies with relevant budget laws. Cited herein: K.S.A. 75-1203; 75-1254, as amended by L. 1986, ch. 317, section 1; K.S.A. 75-2236; K.S.A. 1985 Supp. 75-3717; K.S.A. 75-3741; 75-3762; 75-3763; 75-3764.