Attorney General Opinion No. 1987-073

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Book Synopsis Attorney General Opinion No. 1987-073 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-073 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. 21-3914(a) and K.S.A. 45-220(c) provide that n̲̲o̲ l̲i̲s̲t̲ of names and addresses obtained from public records can be used for solicitation purposes. This limitation on the use of such information applies not only to individuals, but also to the name and addresses of businesses which are made public record. Cited herein: K.S.A. 1986 Supp. 21-3914; K.S.A. 45-215; 45-220.

Attorney General Opinion No. 1981-073

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Book Synopsis Attorney General Opinion No. 1981-073 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-073 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A municipal court judge is not ethically barred from serving as criminal defense counsel in district court except in those cases on appeal from his or her municipal court. Cited herein: K.S.A. 1980 Supp. 7-125, 20-176.

Attorney General Opinion No. 1988-073

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Book Synopsis Attorney General Opinion No. 1988-073 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1988-073 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: 1988 House Bill No. 2704, places restraints on the "property rights" of individuals in order to promote and protect the well established public welfare interest of insuring that human remains are treated properly. In our opinion it clearly represents a valid exercise of the state's inherent police power. Therefore, any private individual claiming ownership of human skeletal remains would not be entitled to compensation simply because the state regulation requires relinquishment of the remains. However, if a claimant convinced the court that 1988 House Bill No. 2704 operated as an eminent domain taking of an identifiable property interest, rather than a valid exercise of police power, the court could require compensation for any legally held property interest taken by the regulation. Valuation of such a property interest would require consideration of factors set forth in K.S.A. 26-513(d) and evidence of (1) the fair market value and condition of the portion of property at the time of the taking, and (2) the loss of that value to the legal owner. Cited herein: K.S.A. 7-103; 12-707; 12-1401; 13-14c01; 14-1007; 15-1001; 15-1014; 17-1302; 19-1015; 19-2901; 19-3106; 21-3512; 21-4112; 21-4115; 21-4214; 22-3902; 26-513; 41-101; 58-2501; 65-901; 65-1701; 65-4127; 73-301; and 80-916.

Attorney General Opinion No. 1992-073

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Book Synopsis Attorney General Opinion No. 1992-073 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1992-073 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Simply stated, the public purpose doctrine permits the spending of public funds only for public purposes. A benefit to specific individuals does not necessarily deprive the expenditure of its public character if the benefit is incidental to the primary purpose of promoting the public welfare. In our opinion, the cost-share program that provides public monies to assist landowners in plugging their abandoned wells serves the public welfare. The program was implemented in response to the federal water pollution control act (commonly referred to as the clean water act) to expeditiously restore and maintain the biological integrity of the nation's waters. Cited herein: K.S.A. 1991 Supp. 65-101; 65-164; K.S.A. 65-171a; 75-5657; 82a-1213; 82a-1214; 33 U.S.C. sections 1251, 1329, 1362.

Attorney General Opinion No. 1991-073

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Book Synopsis Attorney General Opinion No. 1991-073 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1991-073 written by Robert T. Stephan and published by . This book was released on 1991 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: It is our opinion that unless a specific law alters common law, the presence of five of a nine member board constitutes a quorum of that body and a majority vote of those five members (three) is sufficient to bind the body. If one of the members abstains from the vote, he is deemed to have voted with the majority unless he has an interest or bias in the matter and is therefore disqualified. Where the required majority exists without the vote or presence of the disqualified member, his vote or presence will not invalidate the result. Members disqualified from voting may not be counted when determining whether a quorum is present. Cited herein: K.S.A. 75-4317a.

Attorney General Opinion No. 1977-073

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Book Synopsis Attorney General Opinion No. 1977-073 by : Curt Thomas Schneider

Download or read book Attorney General Opinion No. 1977-073 written by Curt Thomas Schneider and published by . This book was released on 1977 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: House Concurrent Resolution No. 5023, if adopted, would not authorize the submission of a proposition to rescind 1972 House Concurrent Resolution No. 1155 to the voters at the time of the 1978 general election or at any other election. If adopted, the resolution would have no legal effect whatever, and would not authorize the expenditure of state funds for such an election, nor would it authorize the calling and holding of any such election by the Secretary of State or any other official. If, for any reason, the resolution were passed and the proposition submitted to the voters, approval thereof would have no effect on the 1972 ratification of the Equal Rights Amendment by the Kansas Legislature, it would not be binding upon the United States Congress, and it would not be binding upon the 1979 legislature or any subsequent session thereof.

Attorney General Opinion No. 1987-023

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Book Synopsis Attorney General Opinion No. 1987-023 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-023 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: Since it is the client's intent which governs the distinction between privileged and non-privileged communications, a determination of whether or not information exchanged between attorney and client is privileged requires a case-by-case consideration. To ensure compliance with the dictates of Canon 4 of the Code of Professional Responsibility and K.S.A. 60-426, when a supervising agency requests that an attorney release particular client information for enumerative or evaluative purposes, the attorney may either obtain the client's consent to do so, or, if the client refuses, compile the requested data in a less intrusive manner. If, however, the agency requests the data for purposes of determining a client's financial eligibility onto satisfy funding requirements, the exception to the privilege under DR-4-101(C)(4) would apply, making the aforementioned precautions unnecessary. Cited herein: K.S.A. 45-217; 45-221; 60-426; K.S.A. 1986 Supp. 20-3100, Supreme Court Rule No. 225, D.R. 4-101.

Attorney General Opinion No. 1974-073

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Total Pages : 2 pages
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Book Synopsis Attorney General Opinion No. 1974-073 by : Vern Miller

Download or read book Attorney General Opinion No. 1974-073 written by Vern Miller and published by . This book was released on 1974 with total page 2 pages. Available in PDF, EPUB and Kindle. Book excerpt: "You advise that Governor Docking has furnished three executive reorganization orders to the Legislature ... and that these orders were "received at approximately 5:30 o'clock P.M., after the Senate and the House adjourned, on the 30th day after convening. ... The orders were in fact presented to employees of the House and Senate who remained on duty for the purpose of receiving them. Article I, ʹ 6 of the Kansas Constitution requires the Governor to transmit such orders "to the legislature within the first thirty calendar days of any regular session." ... Nothing in this language requires, in our view, that an order transmitted on the thirtieth calendar day of any regular session be transmitted while either the House of Representatives or the Senate remains in session on that day. It is sufficient, in our view, if the order is transmitted prior to 12:00 P.M. on the thirtieth day, and accepted by officers or employees of the Legislature prior to that time."

Attorney General Opinion No. 1987-083

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Book Synopsis Attorney General Opinion No. 1987-083 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-083 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: Pursuant to the provisions of K.S.A. 19-3548, a city and a public wholesale water supply district may enter into a water purchase contract for a term of forty years and any such contract may include an agreement for the purchase of water not actually received. Such a contract does not violate the cash-basis law (K.S.A. 10-1101 e̲t̲ s̲e̲q̲.), and the obligation of a city thereunder is payable solely from the revenues produced by the city's water system. Cited herein: K.S.A. 10-1101; 10-1116; 10-1116b; 19-3545; 19-3546; 19-3548.

Attorney General Opinion No. 1987-045

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Book Synopsis Attorney General Opinion No. 1987-045 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-045 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: The mere fact that two members of a five-member city council in a city of the third class are married to each other does not violate the open meetings law or any other Kansas statute. Cited herein: K.S.A. 12-3002; 13-2903; 15-101; 15-106; 15-201; 15-209; 75-4317; 75-4317a; K.S.A. 1986 Supp. 75-4318.

Attorney General Opinion No. 1987-065

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Book Synopsis Attorney General Opinion No. 1987-065 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-065 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: Under the provisions of Article 3, section 5 of the Kansas Constitution, no member of the Supreme Court Nominating Commission shall, while he or she is a member, hold any other "public office" by appointment. The term "public office" refers to the common-law concept of a public office, and except where the office of city attorney has been stripped of all prosecutorial and other sovereign power (through the exercise of home rule powers), a city attorney holds a public office. Cited herein: Kan. Const., Article 3, section 5.

Attorney General Opinion No. 1987-013

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Book Synopsis Attorney General Opinion No. 1987-013 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-013 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: District attorneys and their agents are state employees for purposes of the Kansas Tort Claims Act. Cited herein: K.S.A. 22a-101, 22a-106, 25-2505, 75-6101, 75-6102.

Attorney General Opinion No. 1987-174

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Book Synopsis Attorney General Opinion No. 1987-174 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-174 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: The intent of L. 1987, ch. 215 is to encourage individuals to serve as volunteers for certain nonprofit organizations by granting to the volunteer immunity from liability for negligent acts or omissions. There are limitations to this immunity. For the act to apply, the organization must carry general liability insurance which will pay on behalf of the insured when an individual suffers loss for which the insured is liable. The exact amount and type of insurance required is to be determined in light of the exposure to liability which arises out of the organization's activities. Cited herein: L. 1987, ch. 215, sec. 1 (to be codified at K.S.A. 1987 Supp. 60-3601).

Attorney General Opinion No. 1987-121

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Book Synopsis Attorney General Opinion No. 1987-121 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-121 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. 20-105 provides that to be qualified to hold the office of justice of the supreme court or judge of the court of appeals, a person must have been regularly admitted to practice law in Kansas and have engaged in the active and continuous practice of law for a period of at least ten years prior to the date of appointment as justice or judge. Though the strict definition of "active practice" would require that the legal activities of the person in question be pursued on a full-time basis and constitute his regular business, the general rule that statutory provisions imposing qualifications for office should be construed in favor of those seeking to hold office would serve to soften this requirement. Thus, a potential nominee need not be a full-time trial attorney to be considered as actively engaged in the practice of law, and is not automatically disqualified merely for holding a position which does not require legal expertise. Cited herein: K.S.A. 20-105; 20-3002; K.S.A. 1986 Supp. 22-3707.

Attorney General Opinion No. 1987-144

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Book Synopsis Attorney General Opinion No. 1987-144 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-144 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: Under the provisions of K.S.A. 1986 Supp. 12-1675 and K.S.A. 1986 Supp. 17-5002, a municipal corporation may not invest its idle funds in time certificates of deposit or repurchase agreements with a federally chartered savings and loan association which has its home office outside the state of Kansas. Cited herein: K.S.A. 1986 Supp. 12-1675; K.S.A. 1986 Supp. 17-5002.

Attorney General Opinion No. 1987-034

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Book Synopsis Attorney General Opinion No. 1987-034 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-034 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: Service of process is a condition precedent to an employee's request for the provision of defense counsel by a governmental entity, unless such condition is waived. If, after the employee has been served, the entity lawfully refuses to provide for such defense, and if the request was made in accordance with the statute, then the entity must reimburse the employee for attorney expenses incurred as a result of the retention of private counsel. Absent service of process, timely request for, and proper refusal of providing legal defense counsel, no right is conferred on the employee to retain private counsel at the expense of the governmental entity. Cited herein: K.S.A. 75-6103, 75-6108, 75-6109.

Attorney General Opinion No. 1987-093

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Book Synopsis Attorney General Opinion No. 1987-093 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-093 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: In Kansas, title by adverse possession cannot be invoked against a governmental subdivision of the state by a private individual.