Attorney General Opinion No 1989 130

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Attorney General Opinion No. 1989-130

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (818 download)

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Book Synopsis Attorney General Opinion No. 1989-130 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1989-130 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 board of directors of a public library district established pursuant to K.S.A. 12-1236 e̲t̲ s̲e̲q̲., as the governing body of the library district, may elect to exempt the library district from the provisions of K.S.A. 1988 Supp. 79-5021 to 79-5033, inclusive (the aggregate tax levy limit law) pursuant to K.S.A. 1988 Supp. 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 a seven member board of directors of a library district. Upon successfully exempting out of K.S.A. 1988 Supp. 79-5021 to 79-5033, inclusive, the library district will once again be subject to the levy limitations in existence prior to the reappraisal year. Cited herein: K.S.A. 12-1237; 12-1238; K.S.A. 1988 Supp. 12-1247; K.S.A. 19-101b; K.S.A. 1988 Supp. 79-5022; 79-5036.

Attorney General Opinion No. 1989-039

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (818 download)

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Book Synopsis Attorney General Opinion No. 1989-039 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1989-039 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: It is our opinion that the Kansas State High School Activities Association is authorized by statute to make reasonable rules regarding activities. In effect, such rules become a civil contract between the members of the association, and are valid if reasonable and not in contravention of the law. Those subject to the rule include the high schools and their employees, as well as students. A rule, as interpreted by the association, which defines sportsmanship, is constitutional and not violative of First Amendment rights so long as it is enforced only when conduct materially disrupts the school activity or involves substantial disorder or invasion of the right of others. Student expression may be restricted to the extent of reasonable time, place and manner regulations imposed to conform with the forum's basic requirements. Cited herein: K.S.A. 72-130; 72-133; U.S. Const. Amend. I.

Attorney General Opinion No. 1990-137

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (811 download)

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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. 1990-111

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (811 download)

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Book Synopsis Attorney General Opinion No. 1990-111 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1990-111 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 common law doctrine of incompatibility of offices is inapplicable to the situation in which a member of the Kansas racing commission attempts to simultaneously serve as either a committeeman or a member of a campaign staff. There appears to be no statutory prohibition regarding such activity. A determination of the applicability of K.S.A. 46-215 e̲t̲ s̲e̲q̲. (conflict of interests) to such a situation should be obtained from the Kansas public disclosure commission. The political activities of a member of the Kansas racing commission remain subject to the restrictions set forth in K.S.A. 75-2953 and 75-2974. Cited herein: K.S.A. 25-3901; 25-3902, as amended by L. 1990, ch. 130, section 4; 25-3902a, as amended by L. 1990, ch. 130, section 5; 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. 1989 Supp. 44-714, as amended by L. 1990, ch. 122, section 17; K.S.A. 46-221; 46-254; 74-2113; K.S.A. 1989 Supp. 74-8801; 74-8803; 74-8804; 74-8806; 74-8813; 74-8817; K.S.A. 75-2953; 75-2974.

Attorney General Opinion No. 1989-133

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (818 download)

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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. 1990-084

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (811 download)

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Book Synopsis Attorney General Opinion No. 1990-084 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1990-084 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: Where there has been a violation of the common law rule cited in Attorney General Opinion No. 90-59, both resignations and reappointments should be considered a nullity. Cited herein: K.S.A. 1989 Supp. 13-1806.

Attorney General Opinion No. 1989-032

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (818 download)

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Book Synopsis Attorney General Opinion No. 1989-032 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1989-032 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: While the state may require abortions to be performed in licensed facilities from and after the first trimester, K.S.A. 21-3407 sweeps too broadly and the offending provisions cannot be severed from the rest without legislative amendment. We note that the United States Supreme Court is currently considering a case which may modify Roe v. Wade, and thus render this opinion invalid. Cited herein: K.S.A. 21-3407.

Attorney General Opinion No. 1989-072

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (818 download)

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Book Synopsis Attorney General Opinion No. 1989-072 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1989-072 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: T̲h̲e̲ ̲W̲y̲a̲n̲d̲o̲t̲t̲e̲ ̲E̲c̲h̲o̲, in its current form, qualifies as a newspaper in which legal notices may be published pursuant to K.S.A. 1988 Supp. 64-101. Cited herein: K.S.A. 1988 Supp. 64-101.

Attorney General Opinion No. 1989-134

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (818 download)

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Book Synopsis Attorney General Opinion No. 1989-134 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1989-134 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 regulatory agency cannot promulgate a policy statement in lieu of a regulation if the policy statement is intended to create or affect rights and obligations of persons subject to the agency's control. Additionally, all amendments or modifications of a regulation are subject to the filing and publishing requirements in article 4, chapter 77 of the Kansas Statutes Annotated. Cited herein: K.S.A. 1988 Supp. 65-6129; K.S.A. 77-415; K.S.A. 1988 Supp. 77-421; 77-436.

Attorney General Opinion No. 1989-038

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (816 download)

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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. 1989-061

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (818 download)

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Book Synopsis Attorney General Opinion No. 1989-061 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1989-061 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. 12-3005 prescribes that "[t]he style or ordaining clause of all ordinances shall be: 'Be it ordained by the governing body of the city of ___________:'". This requirement is mandatory, and a proposed ordinance submitted under the provisions of K.S.A. 12-3013 must include an ordaining clause. As Ordinance No. 112-A of the city of Olathe contains no such clause, it is our opinion that the "ordinance" is void and unenforceable. Cited herein: K.S.A. 12-3005; 12-3013; Kan. Const., Art. 2, section 20.

Attorney General Opinion No. 1989-100

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (818 download)

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Book Synopsis Attorney General Opinion No. 1989-100 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1989-100 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: Court services officers should report suspected child abuse or neglect pursuant to K.S.A. 1988 Supp. 38-1522. Cited herein: K.S.A. 1988 Supp. 12-4113; K.S.A. 19-4409; 20-162; 20-345; 20-346a; 21-4602; 21-4604; 21-4610; 22-2202, as amended by L. 1989, ch. 118, section 175; 22-3716; 38-1161; K.S.A. 1988 Supp. 38-1502, as amended by L. 1989, ch. 95, section 7; 38-1522; 38-1527; 38-1528; 38-1565, as amended by L. 1989, ch. 122, section 1; K.S.A. 38-1624; 38-1661; K.S.A. 1988 Supp. 38-1663, as amended by L. 1989, ch. 95, section 10 and L. 1989, ch. 92, section 29; 74-5602, as amended by L. 1989, ch. 118, section 183.

Attorney General Opinion No. 1989-111

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (816 download)

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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.

Attorney General Opinion No. 1989-114

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (816 download)

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Book Synopsis Attorney General Opinion No. 1989-114 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1989-114 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: While generally an administrative agency has the power to adopt general statements of policy, it cannot do so in lieu of regulations. If the "policy" establishes a "binding norm" and operates prospectively, eliminating the use of discretion in individual cases, the "policy" must be promulgated as a regulation, with notice and comment under K.S.A. 77-401 e̲t̲ s̲e̲q̲. Cited herein: K.S.A. 1988 Supp. 1-202; 1-308; K.S.A. 1988 Supp. 1-311, as amended by L. 1989, ch. 1, sec. 3; K.S.A. 77-401 e̲t̲ s̲e̲q̲.; K.A.R. 74-5-403; 74-5-406.

Attorney General Opinion No. 1989-015

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (817 download)

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Book Synopsis Attorney General Opinion No. 1989-015 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1989-015 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: Subsection (c) of K.S.A. 1988 Supp. 75-6116 generally provides a governmental entity may pay a part of any judgment taken against an employee for punitive or exemplary damages if the government entity finds three conditions exist. The statute requires that a judgment be rendered before the governmental entity may consider whether the conditions attendant to payment have been met. Cited herein: K.S.A. 1988 Supp. 75-6116.

Attorney General Opinion No. 1989-064

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (818 download)

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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. 1989-008

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (811 download)

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Book Synopsis Attorney General Opinion No. 1989-008 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1989-008 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. 39-1401 e̲t̲ s̲e̲q̲. confidentiality provisions do not prohibit due process procedures, but such procedures are not absolutely mandated if the placement of a name on a list by the State Department of Social and Rehabilitation Services pursuant to K.S.A. 39-1401 e̲t̲ s̲e̲q̲. does not threaten or cause the loss of a constitutionally protected interest in liberty or property. Cited herein: K.S.A. 38-1523 (Ensley 1986); 39-938; 39-1401; 39-1404; 39-1422; K.S.A. 1988 Supp. 65-516; K.S.A. 65-3508; K.A.R. 30-51-1; U.S. Const., Amend. XIV.