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Attorney General Opinion No 1991 050
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Book Synopsis Attorney General Opinion No. 1991-050 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1991-050 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: If a public record qualifies as a personnel record, it may be closed pursuant to K.S.A. 1990 Supp. 45-221(a)(4), with the exception of the information noted therein. However, not every public record concerning public employees automatically qualifies as a personnel record. Public records may be closed pursuant to K.S.A. 1990 Supp. 45-221(a)(30) when public disclosure would constitute a clearly unwarranted invasion of personal privacy. Closure under this subsection may not occur if the elements of invasion of privacy are not present, if the invasion of privacy can be eliminated by deleting the identifying personal information pursuant to K.S.A. 1990 Supp. 45-221(d), by providing statistical information pursuant to K.S.A. 1990 Supp. 45-221(e), or if the individual whose privacy interest is at risk consents to the disclosure. Closure under K.S.A. 1990 Supp. 45-221(a)(4) or (a)(30) is discretionary not mandatory. Cited herein: K.S.A. 45-215; 45-216; 45-217; K.S.A. 1990 Supp. 45-221.
Book Synopsis Attorney General Opinion No. 1991-088 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1991-088 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: Section 2(b)(10) of chapter 150 of the 1991 Session Laws does not preclude endorsements by a newspaper, the publisher and editor of which is a member of the commission on governmental standards and conduct. Cited herein: L. 1991, ch. 150, section 2.
Book Synopsis Attorney General Opinion No. 1991-049 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1991-049 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: The legislature intended that the term "noneconomic loss," found in K.S.A. 1990 Supp. 65-34,126 and not otherwise defined, have the meaning commonly accorded it and as defined by case law interpreting generally similar statutes. Cited herein: K.S.A. 1990 Supp. 65-34,100; 65-34,102; 65-34,126.
Book Synopsis Attorney General Opinion No. 1991-024 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1991-024 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: Enforcement of the governmental ethics act against the employees of interstate agencies by criminal prosecution is not favored by the law. The terms of the interstate compact or agreement take precedence over the unilateral actions of any single member state. Cited Cited [sic] herein: K.S.A. 2-3101; 12-2514; 12-2524; K.S.A. 1990 Supp. 46-247; K.S.A. 46-215, e̲t̲ s̲e̲q̲.; 48-2001; 65-34a01; 72-6011; 79-4301; 82a-528; 82a-529; K.S.A. 1990 Supp. 74-8731; U.S. Const., Art. 1, section 10, cl. 3.
Book Synopsis Attorney General Opinion No. 1991-102 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1991-102 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: If a university police officer views the commission of a crime in his territorial jurisdiction, he may pursue the suspect and cite or arrest him without a warrant outside of the officer's jurisdiction pursuant to his fresh pursuit authority. The officer may not, however, use his law enforcement powers to effect a warrantless arrest of the suspect for a crime viewed outside the officer's territorial jurisdiction, even if viewed after or during a lawful fresh pursuit stop. In such cases, the officer may make a citizen's arrest. Cited herein: K.S.A. 1990 Supp. 8-2104; 8-2106; K.S.A. 21-3105; 22-2401; 22-2401a; 22-2403; 76-726.
Book Synopsis Attorney General Opinion No. 1991-127 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1991-127 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: Records pertaining to an internal investigation of an agency's employee, disclosure of which would not interfere with a prospective administrative adjudication or civil litigation nor disclose the identity of a confidential informant, may nevertheless be discretionarily closed if they fit the definition of a personnel record set forth in K.S.A. 1990 Supp. 45-221, as amended. Unless specifically altered by law, the decision concerning how to exercise existing discretionary closure authority may be made by the official custodian or custodian of the record, as those terms are defined by K.S.A. 45-217(c) and (d). Cited herein: K.S.A. 45-215; 45-217; K.S.A. 1990 Supp. 45-221, as amended by L. 1991, ch. 149, section 11; K.S.A. 73-1207; K.S.A. 1990 Supp. 73-1208c; K.S.A. 73-1209.
Book Synopsis Attorney General Opinion No. 1991-140 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1991-140 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: Upon recording of the viewers' report, survey and plat, a county road is regarded as established. By contrast, such a road is considered opened when the way is unenclosed and unobstructed; when it is minimally traveled; or when it is available or put in condition for public use. The 1879 non-user statute may have applicability to an established road which was not opened prior to the repeal of that statute. Mandamus does not lie to control a township board's exercise of discretion to open or to maintain a road in the absence of obstruction of duty, fraud, bad faith or gross impropriety. Neither the doctrine of abandonment nor of adverse possession generally has applicability to property established for use as a public road. The board of county commissioners are empowered to vacate any county or township road within their county by following statutory procedure. Cited herein: K.S.A. 68-102; 68-102a; 68-106; 68-115; 68-117; 68-124; K.S.A. 1990 Supp. 68-506; K.S.A. 68-518c; 68-526; 68-527; 68-527a; 68-530; 68-701; L. 1874, ch. 108, section 6; L. 1879, ch. 150, section 1.
Book Synopsis Attorney General Opinion No. 1991-105 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1991-105 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: The general laws governing agency apply when determining who is an agent. Marking the "not sure" box of the real estate sales questionnaire will not invalidate the form. Cited herein: L. 1991, ch. 162, sections 3, 4, 7.
Book Synopsis Attorney General Opinion No. 1991-074 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1991-074 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: The word "access" as used in the Kansas protection from abuse act does not connote "legal access" to the residence. If at any time in the past persons resided together the act is applicable. Cited herein: K.S.A. 1990 Supp. 60-3101; 60-3102.
Book Synopsis Attorney General Opinion No. 1991-153 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1991-153 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: K.S.A. 1990 Supp. 25-4153a prohibits contributions (to legislators, candidates for legislative seats, and their committees) by registered lobbyists or political committees while the legislature is in session. This prohibition is not a violation of First Amendment rights of free speech and freedom of association. Cited herein: K.S.A. 1990 Supp. 25-4153a; U.S. Const., First Amend.
Book Synopsis Attorney General Opinion No. 1991-130 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1991-130 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: Kansas law does not currently prohibit licensed physicians from performing abortions and, under current court decisions, the state may not prohibit abortions at any stage when the woman's life or health is at risk. The state may suggest guidelines for determining, after viability, when the woman's health is at risk, but the decision in a particular case must be left to the woman's physician. The physician's decision would be reviewable by the courts. Cited herein: K.S.A. 21-3407, 65-443; 65-444; 65-445; K.S.A. 1990 Supp. 65-2837, as amended by L. 1991, ch. 192, section 3.
Book Synopsis Attorney General Opinion No. 1991-120 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1991-120 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: Kansas technology enterprise corporation (KTEC) does not have statutory authority with sufficient guidelines and standards to enable it to form a subsidiary corporation. The governor has only such appointing power granted by the constitution or the legislature. Cited herein: K.S.A. 1990 Supp. 74-8104; Kan. Const., art. 2, section 18, art. 15, section 1.
Book Synopsis Attorney General Opinion No. 1991-041 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1991-041 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: K.A.R. 74-5-103 prohibits certified public accountants (CPAs) from paying a commission to obtain a client and from accepting a commission for referring a client to products or services of others. The regulation promulgated pursuant to state authorization is immune from antitrust law challenge under the state action doctrine. Cited herein: K.S.A. 1990 Supp. 1-202.
Book Synopsis Attorney General Opinion No. 1991-048 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1991-048 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: The provision of K.S.A. 1990 Supp. 31-134(b), that "nothing in this act shall be construed to impair the power of any municipality ... to prohibit or regulate the sale, handling, use or storage of fireworks within its boundaries," does not constitute a clear articulation of an anti-competitive policy and, therefore, does not bring municipal actions based on the statute within the "state action" exemption from the federal anti-trust laws. Cited herein: K.S.A. 1990 Supp. 31-134; Kan. Const., art. 12, section 5; 15 U.S.C. section 1 e̲t̲ s̲e̲q̲.
Book Synopsis Attorney General Opinion No. 1991-091 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1991-091 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: A city has no authority to prevent licensure under the drinking establishment act, unless the applicant's premises is located in an area not zoned for such purposes. Pursuant to K.S.A. 41-301, the director of alcoholic beverage control may not issue a retailer's license for a premises located in a city or township which has elected to prohibit packaged sales. Cited herein: K.S.A. 1990 Supp. 19-101a; K.S.A. 41-301; 41-302; K.S.A. 1990 Supp. 41-2605; 41-2606; 41-2608; 41-2609; 41-2611, as amended by L. 1991, ch. 148, section 1; 41-2620; 41-2622; 41-2631; 41-2646; Kan. Const., Art. 12, section 5; Art. 15, section 10.
Book Synopsis Attorney General Opinion No. 1991-152 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1991-152 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: Short of legislative directive indicating how CURB should contract for professional services, CURB should comprise its negotiating committee pursuant to the general statute, K.S.A. 75-3799. Cited herein: K.S.A. 1990 Supp. 66-1222, 66-1225, as amended by L. 1991, ch. 205 sections 1 and 2; K.S.A. 66-1513; 75-3799.
Book Synopsis Attorney General Opinion No. 1991-117 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1991-117 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: The terms of office for members of the advisory council on aging were originally set by statute. All subsequent appointments must be made by reference to the initial terms and each term commences at the end of the preceding term. Any appointments made mid-term are for the remainder of the unexpired term. Appointments made mid-term or following the expiration of a previous term cannot be made to exceed the term set by statute. Thus, the term of the office to which the requestor was appointed expired on June 30, 1991. Cited herein: K.S.A. 75-5911; 75-5912.
