Attorney General Opinion No. 1991-072

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Book Synopsis Attorney General Opinion No. 1991-072 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1991-072 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: Under current statutes and administrative regulations the only services licensed retailers can provide are the sale of lottery tickets and delivery to a club, drinking establishment, or caterer. No other service whatsoever is allowed. Retailers are also prohibited from selling or giving away things of value. The terms "service" and "things of value" are subject to reasonable regulatory definition as outlined herein. Cited herein: K.S.A. 1990 Supp. 41-210; 41-308; 41-702; K.S.A. 77-201; K.A.R. 14-10-10; 14-13-13.

Attorney General Opinion No. 1981-072

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Book Synopsis Attorney General Opinion No. 1981-072 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-072 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Except as limited by the state constitution and the grant of authority to the federal, government by the federal constitution, the power of the state legislature is absolute with respect to all offices it creates. Such power includes the authority to shorten or lengthen the term of a public office, even though the effect may be to curtail or extend an incumbent's unexpired term. Thus, the provisions of K.S.A. 1980 Supp. 24-412 which extend the terms of office of drainage district directors elected in March of 1980 until April of 1983 represent a valid exercise of legislative authority. Cited herein: K.S.A. 1980 Supp. 24-409, 24-412, Kan. Const., Art. 2, section 18, Art. 15, section 1, L. 1980, ch. 107.

Attorney General Opinion No. 1988-072

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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.

Attorney General Opinion No. 1989-072

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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. 1985-072

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Book Synopsis Attorney General Opinion No. 1985-072 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1985-072 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A city may use moneys credited to a special liability expense fund to purchase tort liability insurance, but may not use such moneys to construct a "holding pond" on city property. While a city may reduce or eliminate the tax levy authorized by subsection (c) of K.S.A. 75-6110, it may not transfer tax moneys in the special liability expense fund to the general fund of the city. Cited herein: K.S.A. 75-6110, 75-6111, 79-5001, 79-5016; Kan. Const., Art. 11, section 5.

Attorney General Opinion No. 1991-024

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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.

Attorney General Opinion No. 1993-072

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Book Synopsis Attorney General Opinion No. 1993-072 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1993-072 written by Robert T. Stephan and published by . This book was released on 1993 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In the absence of legislation implementing the consolidation of probation, parole and community corrections services, the "consolidation" provision of section 300 of chapter 239 of the 1992 Session Laws is a nullity. Cited herein: L. 1992, ch. 239, secs. 284, 300.

Attorney General Opinion No. 1991-140

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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.

Attorney General Opinion No. 1991-049

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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.

Attorney General Opinion No. 1991-048

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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.

Attorney General Opinion No. 1991-088

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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.

Attorney General Opinion No. 1997-072

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Book Synopsis Attorney General Opinion No. 1997-072 by : Carla J. Stovall

Download or read book Attorney General Opinion No. 1997-072 written by Carla J. Stovall and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 17-5908 of the Agricultural Corporations Act authorizes counties to, by resolution, permit operation of swine production facilities within the county notwithstanding other provisions of the Act. Because K.S.A. 17-5908 does not specify procedures for rescinding such resolutions, or address other county powers with regard to land used for agricultural purposes, general rules pertaining to home rule, zoning and establishment of environmental standards apply as discussed herein. Cited herein: K.S.A. 12-758, as amended by L. 1997, Ch. 147, section 9; 12-3303; K.S.A. 1996 Supp. 17-5903; 17-5904; K.S.A. 17-5908; K.S.A. 1996 Supp. 19-101a; K.S.A. 19-101b; 19-2921; 19-2960; 19-3701; 19-3702; 19-3706; 65-165 as amended by L. 1997, Ch. 92, section 2; K.S.A. 1996 Supp. 65-171d; K.S.A. 65-171g; 65-171h.

Attorney General Opinion No. 1991-115

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Book Synopsis Attorney General Opinion No. 1991-115 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1991-115 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. 76-746, the reduced-service program for regents' institutions' faculty members, discriminates against faculty members 65 years of age and older. Since it does not meet the "equal benefit or equal cost" test and is not consistent with the purposes of the age discrimination in employment act (ADEA), it is not excepted from the act pursuant to the older workers benefit protection act and would be found to violate the ADEA. Cited herein: K.S.A. 1990 Supp. 74-4925, as amended by L. 1991, ch. 237, section 2; K.S.A. 76-746; K.A.R. 88-12-1; 29 U.S.C. sections 621, 623; 29 C.F.R. section 1625.10.

Attorney General Opinion No. 1991-105

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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.

Attorney General Opinion No. 1991-152

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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.

Attorney General Opinion No. 1991-127

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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.

Attorney General Opinion No. 1991-074

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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.