Attorney General Opinion No 1991 156

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Attorney General Opinion No. 1991-156

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (88 download)

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Book Synopsis Attorney General Opinion No. 1991-156 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1991-156 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: Pursuant to K.S.A. 75-6108(a) and 75-6109 of the tort claims act, governmental entities are required to provide a defense and pay the judgment for a claim for actual damages against an employee arising out of an act which occurred in the scope of employment and absent actual fraud or malice on the part of the employee. It is discretionary with the governmental entity to reimburse an employee for costs incurred in defending a claim for punitive or exemplary damages arising out of an act occurring in the scope of employment, and the governmental entity may discretionarily pay any part of the judgment rendered on such claims. K.S.A. 75-6116 contains similar provisions for civil rights claims except that the governmental entity may discretionarily pay any portion of the judgment only if the employee's act or omission was not a result of actual fraud or malice. Cited herein: K.S.A. 75-6108; 75-6109; 75-6116.

Attorney General Opinion No. 1992-156

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (81 download)

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Book Synopsis Attorney General Opinion No. 1992-156 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1992-156 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: In granting the department of social and rehabilitation services a claim against the estates and payable on death accounts of certain decedents who had received assistance, the legislature intended that the claims be enforced by existing provisions of the probate and civil codes and did not intend to grant the department independent authority to order payment. Cited herein: K.S.A. 9-1215, as amended by L. 1992, ch. 150, section 1; 9-1216, as amended by L. 1992, ch. 150, section 2; 17-2263, as amended by L. 1992, ch. 150, section 3; 17-2264, as amended by L. 1992, ch. 150, section 4; 17-5828, as amended by L. 1992, ch. 150, section 5; 17-5829, as amended by L. 1992, ch. 150, section 6; K.S.A. 1991 Supp. 39-708c, as amended by L. 1992, ch. 322, section 5; 39-709, as amended by L. 1992, ch. 150, section 7; K.S.A. 58-3901; K.S.A. 1991 Supp. 58-3910; 58-3912; K.S.A. 58-3914; K.S.A. 1991 Supp. 59-102; K.S.A. 59-514; 59-1301, as amended by L. 1992, ch. 150, section 8; K.S.A. 1991 Supp. 59-901; 59-1401; 59-2236; 59-2239; 42 C.F.R. section 483.10.

Attorney General Opinion No. 1991-024

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (798 download)

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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. 1991-088

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (81 download)

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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. 1991-049

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (798 download)

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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. 1991-153

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (88 download)

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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.

Attorney General Opinion No. 1991-107

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (81 download)

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Book Synopsis Attorney General Opinion No. 1991-107 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1991-107 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 county, as a subdivision of state government is subject to limitations imposed by an enabling act. K.S.A. 1990 Supp. 65-6113 limits how a county may reimburse a taxing district that provides ambulance service. Given that home rule cannot be used because the act is uniformly applicable, the reimbursement formula cannot be altered, short of legislative amendment. Cited herein: K.S.A. 1990 Supp. 19-101a; 65-6113.

Attorney General Opinion No. 1991-157

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (88 download)

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Book Synopsis Attorney General Opinion No. 1991-157 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1991-157 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: It is our opinion that, pursuant to the definitions of public record and public agency set forth at K.S.A. 45-217, and in accordance with the declarations set forth in K.S.A. 1-401, working papers created, maintained and in the possession of a private CPA firm, whose only connection with a public entity is a service contract entered into pursuant to K.S.A. 1990 Supp. 46-1122, are records which are not subject to the provisions of the Kansas open records act (KORA). However, post audit may review such working papers in accordance with the oversight duties dictated by K.S.A. 1990 Supp. 46-1127(a), the access powers of the division of legislative post audit and as recognized by general legal principles applicable to the accountant/client relationship. Access to or review of CPA working papers by post audit does not automatically alter the nature of the records for purposes of the open records act. If copies of records are provided to post audit, records in the possession of post audit must be closed by post audit if the records in question are subject to a duty of confidentiality. Cited herein: K.S.A. 1-401; 45-215; 45-217; K.S.A. 1990 Supp. 45-221, as amended by L. 1991, ch. 149, section 12; K.S.A. 46-1101; K.S.A. 1990 Supp. 46-1106; 46-1108; 46-1114; 46-1122; K.S.A. 46-1127; K.A.R. 74-5-101; 74-5-105.

Attorney General Opinion No. 1991-093

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (81 download)

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Book Synopsis Attorney General Opinion No. 1991-093 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1991-093 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: It is our opinion that when a court awards sole custody of a child, the noncustodial parent is not authorized to obtain treatment for the child or receive confidential information about the child from a mental health center. Cited herein: K.S.A. 1990 Supp. 60-1610; 65-5602; 65-5603.

Attorney General Opinion No. 1991-074

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (81 download)

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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.

Attorney General Opinion No. 1991-042

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (798 download)

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Book Synopsis Attorney General Opinion No. 1991-042 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1991-042 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 subsection (a) of K.S.A. 1990 Supp. 12-3402, no port authority shall be created without approval of the legislature by concurrent resolution. Such required legislative approval relates to "creation" of a port authority, i.̲e̲.̲ activation of a port authority by ordinance or resolution. K.S.A. 1990 Supp. 12-3401(e). K.S.A. 1990 Supp. 12-3402(a) does not require approval of the ordinance itself, and the legislature may approve of the concept of activating a joint port authority by ordinance even though the required joint ordinances and resolutions have not yet been adopted. Cited herein: K.S.A. 1990 Supp. 12-3401; 12-3402; 1991 House Concurrent Resolution No. 5026.

Attorney General Opinion No. 1991-041

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (798 download)

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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.

Attorney General Opinion No. 1992-101

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (798 download)

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Book Synopsis Attorney General Opinion No. 1992-101 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1992-101 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: Persons and corporations conducting a state funded peer assistance program on behalf of a state agency are subject to the audit authority of the state insofar as such audits relate to the state funded program. The confidentiality and privilege provisions of 42 U.S.C., section 290ee-3, K.S.A. 1991 Supp. 65-4921 e̲t̲ s̲e̲q̲. or K.S.A. 1991 Supp. 47-846 e̲t̲ s̲e̲q̲. may be read in harmony with the access authority given the legislative division of post audit pursuant to K.S.A. 46-1101 e̲t̲ s̲e̲q̲. The record closure laws cited herein do not prohibit or prevent access to such records by the division of legislative post audit. Pursuant to the dictates and exceptions of the acts cited herein, such records are and should remain confidential, privileged and otherwise unaccessible whether possessed by the program, the state agency or the division of post audit. Cited herein: K.S.A. 1991 Supp. 40-3401, as amended by L. 1992, ch. 156, section 2; K.S.A. 45-215; 45-217, as amended by L. 1992, ch. 321, section 22; K.S.A. 1991 Supp. 45-221; K.S.A. 46-1101; K.S.A. 1991 Supp. 46-1106; 46-1108; K.S.A. 46-1112; K.S.A. 1991 Supp. 46-1114; K.S.A. 46-1115; 46-1116; K.S.A. 1991 Supp. 47-846; 47-849; 65-4921; 65-4923; 65-4924; 65-4925; 42 U.S.C. section 290ee-3; 42 C.F.R. 2.1; 42 C.F.R. 2.53.

Attorney General Opinion No. 1991-115

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (81 download)

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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

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (81 download)

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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. 1991-116

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (84 download)

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Book Synopsis Attorney General Opinion No. 1991-116 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1991-116 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. 46-1101 gives the legislative post auditor access to otherwise confidential or private records; K.S.A. 1990 Supp. 46-1106 requires the post auditor to comply with any "duty of confidentiality imposed by law." The Kansas open records act (KORA), K.S.A. 45-215 e̲t̲ s̲e̲q̲., requires public records to be disclosed upon request unless a law permits or requires closure of a specific public record. The record in question is a contract which was in part made by a public agency. It therefore meets the definition of a public record, and is subject to the KORA. The only provision we have located that permits or requires closure of the questioned portions of the public record is in the contract itself. Public records may not be closed by contract unless a law permits or requires closure of the specific record. As no such law has been located, with regard to the specific portions of the record in question, it is our opinion that a contractual term attempting to close this information is void as against stated public policy. Such a term must therefore be severed from the otherwise legal portions of the agreement, and disclosure of the questioned portions of the record may occur. Disclosure of other records or matters must be examined on a case by case basis to determine if there is a legal duty to disclose such records or matters. Absent a mandatory disclosure requirement, an agreement not to disclose creates a duty which post audit must respect, pursuant to K.S.A. 1990 Supp. 46-1106 (g). Cited herein: K.S.A. 45-215; 45-216; 45-217; K.S.A. 1990 Supp. 45-221, as amended by L. 1991, ch. 149, section 12; K.S.A. 46-1101; K.S.A. 1990 Supp. 46-1106; 46-1108; 46-1114.

Attorney General Opinion No. 1991-161

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (88 download)

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Book Synopsis Attorney General Opinion No. 1991-161 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1991-161 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 distribution of powers by a state constitution among the governmental departments is a question for the state itself. Under the Kansas constitution, the functions of parole and probation may be conferred upon either the executive or judicial branch of government. Those powers conferred upon the secretary of corrections by the community corrections act are executive or administrative in nature and may not be transferred to or exercised by the judiciary. Cited herein: K.S.A. 21-4601; K.S.A. 1990 Supp. 21-4603, as amended by L. 1991, ch. 89, section 4; K.S.A. 21-4611; 22-3707; 75-5290; 75-5291; 75-5292; 75-5294; 75-5296; 75-52,103; 75-52,105; 75-52,110; K.S.A. 1990 Supp. 75-52,111; 75-52,114; Kan. Const., Art. 1, sections 1, 7; Kan. Const., Art. 3, section 1.