Attorney General Opinion No 1987 187

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Attorney General Opinion No. 1987-187

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (832 download)

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Book Synopsis Attorney General Opinion No. 1987-187 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-187 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. 10-1101 e̲t̲ s̲e̲q̲., the cash-basis law, does not apply to county hospital boards when managing and controlling hospital funds. However, should the hospital enter into an agreement creating a potential indebtedness of the county, the cash-basis law would apply. Kearney County Hospital may enter into an agreement with Kearney County Bank whereby the bank purchases the accounts owed to the hospital and the hospital guarantees payment of that account if such an agreement in no way creates a potential liability against the county. Cited herein: K.S.A. 10-1101 e̲t̲ s̲e̲q̲.; K.S.A. 1986 Supp. 19-4601; 19-4602; 19-4605, 19-4610.

Attorney General Opinion No. 1987-120

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (832 download)

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Book Synopsis Attorney General Opinion No. 1987-120 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-120 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. 12-187 and 12-189, as amended by sections 1 and 2 of L. 1987, ch. 63, prescribe that the rate of any city retailers' sales tax shall be fixed in the amount of .5% or 1%. As the legislature has established two valid classes of cities for the purpose of limiting the levying of sales and excise taxes, and the above-cited rate limitations (and the acts of which they are a part) apply uniformly to all cities of the same class, a city may not increase the maximum 1% rate through adoption of a charter ordinance. Cited herein: K.S.A. 1986 Supp. 12-187; K.S.A. 12-188; K.S.A. 1986 Supp. 12-189; 12-192; Kan. Const., Art. 12, section 5.

Attorney General Opinion No. 1980-187

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (872 download)

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Book Synopsis Attorney General Opinion No. 1980-187 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1980-187 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The enactment of 1980 Senate Bill No. 657 would have rendered charitable organizations immune from negligence suits resulting from their distribution of free food which caused death or personal injury when consumed. The measure also would have granted similar immunity to the donors of such food, but in neither case would such immunity have extended to harm stemming from gross negligence, recklessness or intentional misconduct. Such grants of immunity are in violation of Section 18 of the Kansas Bill of Rights, which guarantees all persons who suffer injury a remedy by due course of law, and would therefore be unconstitutional if enacted. Cited herein: K.S.A. 84-2-314, 84-2-315, Sec. 18, Kansas Bill of Rights.

Attorney General Opinion No. 1982-187

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (867 download)

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Book Synopsis Attorney General Opinion No. 1982-187 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1982-187 written by Robert T. Stephan and published by . This book was released on 1982 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The increased penalty provisions of K.S.A. 21-4501 (as amended by L. 1982, ch. 137, section 1) and K.S.A. 21-4608, (as amended by L. 1982, ch. 150, section 1) do not apply to crimes committed before July 1, 1982 (the effective date of the amendments), but are applicable to sentencing for crimes committed after July 1, 1982. The term "conditional release," as used in K.S.A. 21-4608 (as amended), refers to release from incarceration, subject to rules and conditions imposed by the releasing authority, following imprisonment for the maximum term imposed, minus work and good behavior credits. Cited herein: K.S.A. 21-4501 (as amended by L. 1982, ch. 137, section 1), 21-4608 (as amended by L. 1982, ch. 150, section 1), 22-3718, U.S. Const., Art. I, section 9.

Attorney General Opinion No. 1987-045

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (826 download)

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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. 1987-023

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (826 download)

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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. 1987-013

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (826 download)

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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. 1987-121

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (832 download)

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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. 1987-185

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (832 download)

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Book Synopsis Attorney General Opinion No. 1987-185 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-185 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: Sales tax revenue bonds issued by a city or county pursuant to L. 1987, ch. 60, section 7, are subject to the interest rate limitations which apply to bonds as stated in K.S.A. 10-1109, as amended. A city issuing sales tax revenue bonds may apply revenues derived from a transient guest tax levied in the city to the payment of sales tax revenue bonds if such use is consistent with the laws and ordinances authorizing the transient guest tax and providing for the objects of its expenditures. The existence of such additional security may be conveyed to bondholders in the same manner as other credit enhancements. Pursuant to the Home Rule Amendment to the Kansas Constitution, a city may issue bonds backed by a pledge of revenue derived from the levy and collection of a transient guest tax. Cited herein: K.S.A. 10-1009, as amended by L. 1987, ch. 60; K.S.A. 1986 Supp. 12-187; 12-195, as amended by L. 1987, ch. 60; K.S.A. 12-1696; K.S.A. 1986 Supp. 12-1698; K.S.A. 12-1699; Kan. Const., Art. 12, section 5.

Attorney General Opinion No. 1984-106

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (858 download)

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Book Synopsis Attorney General Opinion No. 1984-106 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1984-106 written by Robert T. Stephan and published by . This book was released on 1984 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: As amended by chapter 282, section 5, the provisions of chapter 187, section 11 of the 1984 Session Laws prohibit the selling, giving or receiving of lists of names and addresses derived from public records, for the purpose of selling or offering for sale any property or service to the persons listed therein, subject to three exceptions. Section 6 of chapter 187, as amended by section 3 of chapter 282 of the 1984 Session Laws, further requires that any person who obtains a list of names and addresses certify that: (1) he or she will not use the information for the purpose of selling or offering for sale any property or services, and (2) will not give, sell or otherwise make available the list to another person so that the latter may sell or offer for sale any property or service. Accordingly, a person may not make commercial use of information derived from such lists, either directly or through the sale of the lists themselves. Cited herein: K.S.A. 1983 Supp. 21-3913; 45-201 (both repealed, L. 1984, ch. 187); 74-2012, as amended by L. 1984, ch. 282, section l; L. 1983, ch. 171, section 11, L. 1984, ch. 187, sections 6, 11; L. 1984, ch. 282, sections 3, 5.

Attorney General Opinion No. 1987-018

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (826 download)

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Book Synopsis Attorney General Opinion No. 1987-018 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-018 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. 34-229 was amended by 1986 Senate Bill No. 518 to make grain warehouse bonds nonaccumulative. Thus, Kansas has joined the majority of the states and the federal government in disallowing the "stacking" of bonds. Cited herein: K.S.A. 34-229; L. 1986, ch. 153, section 1.

Attorney General Opinion No. 1987-104

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (828 download)

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Book Synopsis Attorney General Opinion No. 1987-104 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-104 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: Written instruments representing liens arising pursuant to the provisions of CERCLA, 42 U.S.C.S. section 9601 e̲t̲ s̲e̲q̲., or ERISA, 29 U.S.C.S. section 1001 e̲t̲ s̲e̲q̲., which are properly proved or acknowledged and certified are entitled to recording by the register of deeds in the county in which the real property affected by the instrument is located. Such instruments which do not meet these initial filing requirements should be filed in the office of the clerk of the United States District Court for the district in which the real property is located. The filing fees prescribed by K.S.A. 28-115 are appropriate for the filing of such instruments, and the instruments should be filed so as to provide notice to third parties. Cited herein: K.S.A. 28-115; 58-2221; 79-2601; 79-2607; 79-2608; 26 U.S.C.S. section 6323; 29 U.S.C.S. sections 1001, 1362, 1363, 1364, 1368; 42 U.S.C.S. sections 9601, 9607.

Attorney General Opinion No. 1987-093

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (828 download)

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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.

Attorney General Opinion No. 1987-174

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (832 download)

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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. 1987-098

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (828 download)

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Book Synopsis Attorney General Opinion No. 1987-098 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-098 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: Mutual funds may not be used as securities for the deposit of state and municipal funds. Cited herein: K.S.A. 1986 Supp. 9-1101; 9-1402; 75-4201; K.A.R. 17-11-2; 15 U.S.C. section 80a-1 e̲t̲ s̲e̲q̲.

Attorney General Opinion No. 1987-004

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (826 download)

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Book Synopsis Attorney General Opinion No. 1987-004 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-004 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 Kansas Open Records Act provides that public agencies may charge reasonable fees for photocopying public records. Fees are reasonable if they do not exceed the actual cost, or costs directly incurred, in providing copies. The twenty cents per page fee charged by Unified School District No. 431 is not unreasonable as it reflects the actual costs incurred in furnishing copies of public records. Cited herein: K.S.A. 45-215; 45-216; 45-219; 5 U.S.C. section 552.

Attorney General Opinion No. 1987-100

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (828 download)

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Book Synopsis Attorney General Opinion No. 1987-100 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-100 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 crime "Unlawful Disclosure of a Warrant" prohibits disclosure, before execution of a warrant, of a complaint which led to the issuance of an arrest warrant. Cited herein: K.S.A. 1986 Supp. 20-301a; 21-3827; 22-2202; K.S.A. 22-2301; K.S.A. 1986 Supp. 22-2302; K.S.A. 45-215; 45-217; 45-218; 45-221.