Attorney General Opinion No. 1989-011

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ISBN 13 :
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Book Synopsis Attorney General Opinion No. 1989-011 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1989-011 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: Reapportionment of the Senate need not necessarily coincide with reapportionment of the House of Representatives. However, because current population figures reflect a 44.4% total deviation in State Board of Education member districts, it is our opinion that the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution requires that board member districts be reapportioned before the 1990 election of board members. Board member districts are based on senatorial districts. Thus, unless the senatorial districts can be regrouped to significantly lessen the current total deviation in population among board member districts, the Senate must be reapportioned in 1989. Reapportionment of the Senate in 1989 will not affect the terms of office of incumbent senators. Cited herein: K.S.A. 25-1911; 72-7513; Kan. Const., Art. 6, sections 2, 3; Art. 10, section 1; U.S. Const., Amend. XIV.

Attorney General Opinion No. 1989-038

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ISBN 13 :
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Book Synopsis Attorney General Opinion No. 1989-038 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1989-038 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: Under the United States Supreme Court decision in H̲a̲z̲e̲l̲w̲o̲o̲d̲ ̲S̲c̲h̲o̲o̲l̲ ̲D̲i̲s̲t̲r̲i̲c̲t̲ ̲v̲.̲ ̲K̲u̲h̲l̲m̲e̲i̲e̲̲r̲, local public school officials and administrators may exercise reasonable control over activities sponsored by a public school such as publications, theatrical productions and other expressive activities so long as the educators' actions are reasonably related to legitimate pedagogical concerns and there is no intent to create a public forum. Also, Section 11 of the Kansas Bill of Rights does not provide an absolute right to freedom of speech and expression. Students in private, accredited schools are subject to reasonable school regulations. The H̲a̲z̲e̲l̲w̲o̲o̲d̲ decision applies to public schools on its facts, and does not apply to non-public schools. Cited herein: Kans. Const., B. of R., section 11; U.S. Const., Amend. I, XIV.

Attorney General Opinion No. 1989-116

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ISBN 13 :
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Book Rating : 4.:/5 (818 download)

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Book Synopsis Attorney General Opinion No. 1989-116 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1989-116 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: Physicians' assistants and advanced registered nurse practitioners may not originate a prescription order, as they are not practitioners within the meaning of the pharmacy act. However, these health care providers may transmit prescription orders pursuant to written protocols. The transmitted order is a prescription order as defined by the pharmacy act. An order may be transmitted through a note written by the health care provider, and the signature of that person is neither required nor prohibited by the pharmacy act. The pharmacist may refuse to fill the prescription if, in the pharmacist's professional judgment and discretion, it is believed that the prescription should not be filled. Cited herein: K.S.A. 65-1129; 65-1130 (Ensley 1985); K.S.A. 65-1130, as amended by L. 1989, ch. 192, section 1; K.S.A. 65-1626 (Ensley 1985); K.S.A. 1988 Supp. 65-1626, as amended by L. 1989, ch. 192, section 2; K.S.A. 1988 Supp. 65-1637(a), 65-2896e; K.S.A. 65-4101; L. 1989, ch. 192, section 1; L. 1986, ch. 236, section 1; K.A.R. 60-11-104; 60-11-104a; 68-20-18; 21 C.F.R. section 1306.05.

Model Rules of Professional Conduct

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Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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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.

Attorney General Opinion No. 1989-001

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ISBN 13 :
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Book Rating : 4.:/5 (811 download)

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Book Synopsis Attorney General Opinion No. 1989-001 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1989-001 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: L. 1988, ch. 29, sec. 8 does not apply to the purchase of an office building by Sedgwick county with monies received through the community corrections grant program. Cited herein: K.S.A. 75-5290; L. 1988, ch. 29, sec. 8; L. 1988, ch. 32, sec. 2; K.A.R. 44-11-123.

Attorney General Opinion No. 1990-011

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ISBN 13 :
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Book Rating : 4.:/5 (88 download)

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Book Synopsis Attorney General Opinion No. 1990-011 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1990-011 written by Robert T. Stephan and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The board of directors of the Johnson county library, as the governing body of the library, may elect to exempt the library from the tax lid law (K.S.A. 79-5022 e̲t̲ s̲e̲q̲.) pursuant to K.S.A. 79-5036(c). The provisions of K.S.A. 19-101b which apply to a five or seven member board of county commissioners also apply to the seven member board of directors of the Johnson county library and, upon successfully exempting out of K.S.A. 79-5021 e̲t̲ s̲e̲q̲., the library will once again be subject to the levy limitations in existence prior to the reappraisal year. Cited herein: K.S.A. 12-1220; K.S.A. 1989 Supp. 12-1222; 12-1223; 12-1225a; 12-1225b; 12-1225c; 12-1226; K.S.A. 12-1669; 79-5022; 79-5036.

Attorney General Opinion No. 1986-011

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ISBN 13 :
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Book Rating : 4.:/5 (841 download)

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Book Synopsis Attorney General Opinion No. 1986-011 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1986-011 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: No conflict exists between Kansas and federal statutes regarding the distribution of money obtained from forfeiture of property in cases involving controlled substances. The state forfeiture statute is not applicable to cases brought in federal court; rather, the federal provisions apply. Cited herein: K.S.A. 65-4135, 21 U.S.C. section 881.

Attorney General Opinion No. 1989-148

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ISBN 13 :
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Book Synopsis Attorney General Opinion No. 1989-148 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1989-148 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: Because the Kansas Constitution does not define the term "merchants' and manufacturers' inventory" for purposes of the property tax exemption in article 11, section 1, it is appropriate to rely on common understanding of the terms at the time the constitutional provision was adopted, and the statutory definitions contained in K.S.A. 1988 Supp. 79-201m. The scope of these definitions does not include real estate, such as houses constructed on-site for later sale. Therefore, such property is not eligible for the merchants' and manufacturers' inventory exemption from property tax under article 11, section 1. Cited herein: K.S.A. 79-102; K.S.A. 1988 Supp. 79-201m, as amended by L. 1989, ch. 289, section 1; Kan. Const., Art. 11, section 1.

Attorney General Opinion No. 1990-137

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ISBN 13 :
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Book Synopsis Attorney General Opinion No. 1990-137 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1990-137 written by Robert T. Stephan and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A member-elect of the state senate or house of representatives cannot resign such office until the member-elect is entitled by law to possess it, has taken the oath, has given the required bond, and has entered upon the discharge of its duties. However, under the provisions of L. 1990, ch. 130, section 11, a member-elect of the legislature may provide notice to the secretary of state of the member-elect's intent to resign provided the resignation will become effective after the member-elect has taken the oath of office and entered upon the discharge of its duties. Cited herein: K.S.A. 1989 Supp. 13-305; K.S.A. 13-513; 14-205; K.S.A. 1989 Supp. 14-308; K.S.A. 15-201; K.S.A. 1989 Supp. 15-311; K.S.A. 19-504; 25-101b; 25-312; K.S.A. 1989 Supp. 25-312a; K.S.A. 25-1434; 25-1606; 25-2022; 25-3201; K.S.A. 25-3902, as amended by L. 1990, ch. 130, section 4; 25-3902a, as amended by L. 1990, ch. 130, section 5; K.S.A. 25-3903; K.S.A. 25-3904; as amended by L. 1990, ch. 130, section 6; 25-3904a, as amended by L. 1990, ch. 130, section 7; 25-3905, as amended by L. 1990, ch. 130, section 8; 25-3906, as amended by L. 1990, ch. 130, section 9; K.S.A. 40-106; 46-142; 46-144; 46-146a; 54-106; 75-125; 77-109; L. 1990, ch. 130, section 11; Kansas Constitution, art. 1, section 11.

Attorney General Opinion No. 1989-034

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ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (818 download)

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Book Synopsis Attorney General Opinion No. 1989-034 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1989-034 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 quantity discount prohibition of K.A.R. 14-14-11 constitutes a regulation imposed on the alcoholic beverage industry by the state itself and is therefore not subject to federal antitrust laws. Cited herein: K.S.A. 1988 Supp. 41-210; K.S.A. 41-211; K.S.A. 1988 Supp. 41-702; 41-703; 41-729; 41-1101; K.A.R. 14-14-11 (Jan. 7, 1988); 15 U.S.C. sections 1, 13.

Attorney General Opinion No. 1989-068

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ISBN 13 :
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Book Synopsis Attorney General Opinion No. 1989-068 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1989-068 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: A proposed ordinance submitted under the provisions of K.S.A. 12-3013 provides for the imposition of a "special park development fee upon all real estate upon which there is proposed to be constructed any structure for multi-family or single family residential purposes equal to 10% of the fair market value of the real estate proposed to be so utilized." In our opinion, the proposed ordinance would violate Article 11, Section 1 of the Kansas Constitution, and, therefore, need not be voted on by the council or submitted to a referendum under the authority of K.S.A. 12-3013. Cited herein: K.S.A. 12-3013; Kan. Const., Art. 11, section 1.

Attorney General Opinion No. 1989-064

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ISBN 13 :
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Book Synopsis Attorney General Opinion No. 1989-064 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1989-064 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: Gross operating revenue," as that term is used in 1989 House Bill No. 2502, includes revenue received from transactions other than title insurance. For purposes of determining whether 20% of gross operating revenue received in the previous six months is derived from controlled business, revenue received from transactions involving land sales in counties populated by 10,000 or less is not included. Since the prohibitions contained in the act do not substantially impair obligations under existing title insurance contracts, the act does not violate the contracts clause of the United States Constitution. The distinction between counties having a population of 10,000 or less and those having a population of more than 10,000 does not create an impermissible classification. Finally, the rule-making authority granted by the act does not conflict with the statute granting rulemaking authority in areas not affected by the act. Cited herein: K.S.A. 40-1111, as amended by L. 1988, ch. 156, section 19; K.S.A. 40-2404 (Ensley 1986); K.S.A. 1988 Supp. 40-2404, as amended by 1989 House Bill No. 2502; K.S.A. 40-2404a; K.A.R. 40-3-43 (Proposed, not yet published); U.S. Const. Art. I, section 10, cl. 1.

Attorney General Opinion No. 1989-145

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ISBN 13 :
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Book Synopsis Attorney General Opinion No. 1989-145 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1989-145 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: In considering possible alternatives for providing property tax relief, the Legislature may not postpone or alter procedures required by article 11, section 1 of the Kansas Constitution. The Legislature may limit local units of government in the total amount of property tax moneys they collect, or adjust payment schedules, with the possible repercussion of private lawsuits based on the local units' inability to meet contractual or other obligations. Cited herein: K.S.A. 1988 Supp. 79-1476 e̲t̲ s̲e̲q̲.; Kan. Const., Art. 11, section 1.

Attorney General Opinion No. 1989-133

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ISBN 13 :
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Book Synopsis Attorney General Opinion No. 1989-133 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1989-133 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: K.S.A. 1988 Supp. 12-1222, and the act of which it is a part, contain provisions which are not uniformly applicable to all cities. Accordingly, a city may use its home rule authority to charter out from the provisions of that statute, including the requirement that members appointed to a library board be residents of the municipality. Cited herein: K.S.A. 1988 Supp. 12-1222; Kan. Const., Art. 12, section 5.

Attorney General Opinion No. 1989-144

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ISBN 13 :
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Book Rating : 4.:/5 (818 download)

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Book Synopsis Attorney General Opinion No. 1989-144 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1989-144 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 provision of K.S.A. 1988 Supp. 79-1476 which requires land subject to thesubjectal conservation reserve program to be valued on the basis of the agricultural income or productivity attributable to the inherent capabilities of the land in its usage immediately prior to being subject to the program is not in violation of the uniformity in assessment requirement of article 11, section 1 of the Kansas Constitution. Cited herein: K.S.A. 1988 Supp. 79-1476; Kan. Const., Art. 11, sections 1, 12; U.S. Const., Amend. 14th.

Attorney General Opinion No. 1989-085

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ISBN 13 :
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Book Synopsis Attorney General Opinion No. 1989-085 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1989-085 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 definitions of "merchant," "manufacturer" and "inventory" in K.S.A. 1988 Supp. 79-201m are drafted broadly enough to encompass coal and gas held by a public utility for resale or to use in generating electricity. Therefore, such property is eligible for a tax exemption as merchants' or manufacturers' inventory pursuant to article 11, section 1 of the Kansas Constitution. Cited herein: K.S.A. 1988 Supp. 79-201m; 79-213; K.S.A. 79-5a01 e̲t̲ s̲e̲q̲.; K.S.A. 1988 Supp. 79-3602; K.S.A. 84-9-109; K.S.A. 79-1001 e̲t̲ s̲e̲q̲. (repealed, L. 1988, ch. 375, section 9); Kan. Const., Art. 11, section 1.

Attorney General Opinion No. 1989-111

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ISBN 13 :
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Book Synopsis Attorney General Opinion No. 1989-111 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1989-111 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: Property seized from a pawnbroker and held by law enforcement officials for use as evidence in a criminal proceeding is regarded as being in c̲u̲s̲t̲o̲d̲i̲a̲ l̲e̲g̲i̲s̲ and subject to the court's order as to the disposition thereof in the same proceeding. If the property is identified as being stolen, it is the duty of the court and the state to see that the property is restored to its rightful owner at the earliest opportunity. However, the due process rights of the pawnbroker must be respected, W̲o̲l̲f̲e̲n̲b̲a̲r̲g̲e̲r̲ ̲v̲.̲ ̲W̲i̲l̲l̲i̲a̲m̲s̲, 774 F.2d 358 (10th Cir. 1985), and the Court should provide the pawnbroker with notice and opportunity to be heard before releasing property to the apparent owner. Cited herein: K.S.A. 1988 Supp. 22-2512.