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Attorney General Opinion No 1988 140
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Book Synopsis Attorney General Opinion No. 1988-140 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1988-140 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: Users of tobacco products and boards of education are both regulated by L. 1988, Ch. 229, section 1. Individuals may not use tobacco products in school buildings, and boards of education may not allow the use of tobacco products in school buildings. School buildings are defined by the act as enclosed structures, and do not include buildings used for residences or buildings leased by boards for non-school sponsored activities. The prohibition does not extend to school grounds which are not school buildings. Cited herein: K.S.A. 1987 Supp. 21-4009; K.S.A. 72-8205, 72-8211, 72-8212, 72-8225; L. 1988, Ch. 229, section 1 (to be codified at K.S.A. 72-53,107).
Book Synopsis Attorney General Opinion No. 1988-072 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1988-072 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: An appointed non-lawyer member may not continue membership on the judicial nominating committee once that member has been granted a temporary permit to practice law. Cited herein: K.S.A. 20-119; 20-120, 20-123; 20-124; 20-125; 20-127; Supreme Court Rule 705.
Book Synopsis Attorney General Opinion No. 1988-097 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1988-097 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: A public body must comply with the provisions of the Kansas Open Meetings Act if two tests are met: (1) the body is a legislative or administrative agency of the state or one of its political or taxing subdivisions, or is subordinate to such a body; and (2) the body receives or expends and is supported in whole or in part by public funds. A rural water district meets the first test as it is a political subdivision of the state. The second test is met if the district receives federal or state grants or other such public funding. Cited herein: K.S.A. 24-1201; K.S.A. 1987 Supp. 24-1219; K.S.A. 75-4317; K.S.A. 1987 Supp. 75-4318; K.S.A. 82a-612; K.S.A. 1987 Supp. 82a-613; K.S.A. 82a-614; 82a-616; 82a-619a; 82a-625; 82a-638.
Book Synopsis Attorney General Opinion No. 1988-014 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1988-014 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: Pursuant to K.S.A. 1987 Supp. 19-101a(20), counties may not exempt or change the provisions contained in K.S.A. 1987 Supp. 19-211. Pertinent language of Attorney General Opinion No. 87-164 is amended so as to be consistent with this rule. Cited herein: K.S.A. 1987 Supp. 19-101a(20); 19-211.
Book Synopsis Attorney General Opinion No. 1989-140 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-140 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Department of Revenue, Division of Motor Vehicles, has authority to issue "combination" vehicle dealers and manufacturers licenses as long as the statutory requirements for licensure in each category are maintained. Cited herein: K.S.A. 8-2403; K.S.A. 1988 Supp. 8-2404, as amended by L. 1989, ch. 46, section 1.
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.
Book Synopsis Attorney General Opinion No. 1988-024 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1988-024 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: The issue of whether there has been a violation of the Voting Rights Act or the Fourteenth and Fifteenth Amendments to the United States Constitution in utilizing at large or multi-member electoral systems is a question of fact. Relevant factors a court will consider in making such a factual determination are set forth in this opinion. Cited herein: 42 U.S.C.A. section 1973a.
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.
Book Synopsis Attorney General Opinion No. 1988-160 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1988-160 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: Claims against a county, based upon federal civil rights law, are not subject to the damage limitation provisions set forth in the Kansas tort claims act. K.S.A. 1987 Supp. 75-6105 sets a damage limitation and K.S.A. 1987 Supp. 75-6111 creates an exception to that limitation when an insurance policy is purchased that has policy limits in excess of the limitation. If such a policy is purchased, the damage limitation becomes the limitation of the policy. If a policy does not cover liability for certain claims, the damage limitation contained in K.S.A. 1987 Supp. 75-6105 remains applicable. Cited herein: K.S.A. 1987 Supp. 75-6105; 75-6111.
Book Synopsis Attorney General Opinion No. 1992-140 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1992-140 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: K.S.A. 1991 Supp. 74-3266 requires primary care practice in the designated underserved areas of this state for osteopathic scholarship agreements entered into after June 30, 1988. We find no similar requirement for completing residency in a primary care specialty, but would encourage notifying students, prior to entering residency, of the primary care practice obligations. Cited herein: K.S.A. 1991 Supp. 74-3266; 76-374; 76-375; L. 1988, ch. 362, section 3.
Book Synopsis Attorney General Opinion No. 1988-085 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1988-085 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: 42 U.S.C. 290aa, Part C, Sec. 523b(1) prohibits the use of federally provided amounts as a non-federal match contribution. Once a recipient provider has properly received Medicaid reimbursement funds and is free to expend them in any legally permissible manner, those funds become the freely alienable property of that recipient. Thus, such a recipient and not the federal government provides the funds which may thereafter be used to match a grant pursuant to 42 U.S.C. 290aa, Part C, Sec. 523(a). Cited herein: 42 U.S.C. 290aa, Part C, Sec. 523; 42 U.S.C.A. 1396; 42 C.F.R. 74.53; 42 C.F.R. 433.45; K.S.A. 39-701, 39-717, 75-3301, 75-5301; K.A.R. 30-5-58.
Book Synopsis Attorney General Opinion No. 1988-074 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1988-074 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 Substitute for House Bill No. 2219 does not violate Art. 2, section 16 of the Kansas Constitution which prohibits a bill from containing more than one subject. The Kansas courts have ruled that a statute should not be declared invalid under this provision unless invalidity is manifest. It is not clearly manifest that H.B. 2219 contains more than one subject, as both bills that were combined in the final version of H.B. 2219 concern animal welfare. None of the circumstances for which Art. 2, section 16 was designed to prevent are present in this case. Further, the title of H.B. 2219 clearly expresses the subject matter and gives fair notice of the content of the bill as constitutionally required. Cited herein: K.S.A. 1987 Supp. 21-1213; 1988 Substitute for House Bill No. 2219; Kan. Const. Art. 2, section 16.
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Book Synopsis Attorney General Opinion No. 1988-032 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1988-032 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: The land surveyors' licensing statute, K.S.A. 1987 Supp. 74-2044, is constitutional as a valid exercise of the police powers of the state. The exemption from examination found in subsection (b) of this statute is within the discretion of the governing body and evidences an attempt to not unduly burden engineers currently practicing land surveying under their engineering license. In addition, unless mandated by statute, the Board of Technical Professions, as the administrative agency, is under no obligation to provide notice of statutory changes to those affected by the legislation. Cited herein: K.S.A. 1987 Supp. 74-7022, K.S.A. 74-7034 (Ensley 1985), Kan. Const., Art. 2, sections 18.
Book Synopsis Attorney General Opinion No. 1988-062 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1988-062 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: When the state operates an information network, it may be subject to liability for damages if liability would exist were the network operated by an individual. To state a cause of action for negligence, an injured party must show a duty, a breach of that duty, and damages which were caused by the breach of duty. The state, in operating an information network, may be gratuitously rendering services which are recognized as necessary for the individual's protection, thus giving rise to a duty. If negligence is established, the state may avail itself of exceptions from liability found in the tort claims act. Cited herein: K.S.A. 75-6101; 75-6103(a); K.S.A. 1987 Supp. 75-6104.
Book Synopsis Attorney General Opinion No. 1988-100 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1988-100 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: The misnomer in L. 1988, ch. 47, section 19 is not a defect which renders the section void. The intent of the legislature is sufficiently clear to allow substitution of the correct language, so that reference to K.S.A. 40-277(7)(c), which does not exist, becomes K.S.A. 40-277(4)(a). Pursuant to section 19, blood-alcohol tests refusals or failures are not open records. Insurers may not consider such refusals or failures in determining automobile liability rates or in determining whether to cancel a policy. However, if a driving privilege is suspended by the department of revenue, the suspension is part of an open record, which may be obtained by insurers to process an application, or renewal, or cancellation of, a motor vehicle liability insurance policy. Cited herein: K.S.A. 1987 Supp. 8-1341a; K.S.A. 40-277; 45-215; 74-2012; L. 1988, ch. 47, section 19 (to be codified at K.S.A. 8-1018).
Book Synopsis Attorney General Opinion No. 1988-117 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1988-117 written by Robert T. Stephan and published by . This book was released on 1988 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The letter of notice sent by the Clerk of the Supreme Court to attorneys who fail to register and pay the fee for renewal of their license by July 1 each year, and the return receipt are public records as that term is defined by the Kansas open records act (KORA), K.S.A. 45-215 et seq. These documents are subject to mandatory disclosure as the letter constitutes correspondence intended to give notice of an action relating to a regulatory and enforcement responsibility of the Clerk's office. K.S.A. 1987 Supp. 45-221(a)(14). The list of attorneys certified by the clerk to the Supreme Court who have failed to register and pay the fee, and an order of the Supreme Court suspending an attorney from the practice of law for that reason are also public records which must be disclosed to the public upon request. Cited herein: K.S.A. 45-215; 45-216; 45-217; K.S.A. 1987 Supp. 45-221.
