Attorney General Opinion No 1994 140

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Attorney General Opinion No. 1994-140

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (778 download)

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Book Synopsis Attorney General Opinion No. 1994-140 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1994-140 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The provisions of K.S.A. 74-8910, as amended by L. 1994, ch. 223, sec. 2, will protect the directors, employees and officers of the Kansas development finance authority from personal liability for conduct arising out of their service to the authority, as long as it is not willful or intentionally tortuous. The directors of the authority are not, however, protected under the tort claims act. Cited herein: K.S.A. 40-4403, repealed, L. 1994, ch. 32, sec. 2; 40-4405 repealed, L. 1994, ch. 32, sec. 2; 74-8903; 74-8910, as amended by L. 1994, ch. 223, sec. 2; K.S.A. 1993 Supp. 75-6102, as amended by L. 1994, ch. 343, sec. 1; K.S.A. 75-6103; L. 1994, ch. 223, sec. 2; K.S.A. 74-8910 (Furse 1992).

Attorney General Opinion No. 1994-047

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (772 download)

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Book Synopsis Attorney General Opinion No. 1994-047 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1994-047 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Attorney's fees are recoverable in a class action lawsuit under two exceptions to the American no fee rule: one involving a party who has acted in bad faith and the other involving a benefit created by counsel for the benefit of the class. Retaliatory termination of water service by a rural water district may subject the district to a civil rights action under 42 U.S.C. sec. 1983. Cited herein: K.S.A. 12-631k; 60-223; U.S. Const., Amendments IV, V, XIV.

Attorney General Opinion No. 1994-035

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (772 download)

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Book Synopsis Attorney General Opinion No. 1994-035 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1994-035 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The United States constitution has delegated to congress the power to determine the qualifications of its own members and to expel its members when necessary. Because this is a power reserved for the individual houses of congress, the tenth amendment of the United States constitution does not reserve to the states the authority to remove members of congress from office. K.S.A. 25-4301 et seq. are not applicable to members of congress. Cited herein: K.S.A. 25-4301; 25-4304; U.S. Const., art. 1, sec. 5, amend. 10.

Attorney General Opinion No. 1994-118

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (778 download)

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Book Synopsis Attorney General Opinion No. 1994-118 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1994-118 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The question set forth in a petition seeking to bring an issue before the electorate must be in the form of a question as it should appear upon the ballot in accordance with the requirements of K.S.A. 25-620, unless otherwise specifically provided. The question set forth in the petition must be preceded by the phrase "Shall the following be adopted." Cited herein: K.S.A. 25-601; 25-605a; 25-620; 25-3601; 25-3602; L. 1992, ch. 194, sec. 3.

Attorney General Opinion No. 1994-078

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (778 download)

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Book Synopsis Attorney General Opinion No. 1994-078 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1994-078 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Use of a blue devil as a mascot by a unified school district does not violate the establishment clause of the first amendment of the United States constitution. Cited herein: U.S. Const., amend. I; U.S. Const., amend. XIV.

Attorney General Opinion No. 1994-117

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (778 download)

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Book Synopsis Attorney General Opinion No. 1994-117 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1994-117 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Absent evidence that a newspaper acted with the specific intent to interfere with the employment or business of a person who may be subject to a sexually violent predator civil commitment proceeding, K.S.A. 21-4006 does not prohibit publication of such person's name and address. Cited herein: K.S.A. 21-4006; L. 1994, ch. 316, sec. 3; L. 1994, ch. 316, sec. 4.

Attorney General Opinion No. 1985-140

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (854 download)

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Book Synopsis Attorney General Opinion No. 1985-140 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1985-140 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: Under the provisions of K.S.A. 75-6116 (as amended by L. 1985, ch. 293, 11), the obligation of a city to pay attorneys fees incurred by a city officer in defending a civil rights action is subject to the conditions and limitations prescribed by K.S.A. 75-6108. Those conditions include the filing of a written request (within 15 days after service of process upon the employee) that the city provide for the defense of the employee. K.S.A. 75-6108(d) and (e). Where no such request is filed, a city is not liable for attorneys fees incurred by the employee; however, the city governing body may, in its discretion, pay attorneys fees notwithstanding the failure to file a written request. Cited herein: K.S.A. 75-6102, 75-6108; 75-6116; L. 1985, ch. 293, section 1.

Attorney General Opinion No. 1994-095

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (778 download)

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Book Synopsis Attorney General Opinion No. 1994-095 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1994-095 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The form of the question set forth in the herein referenced petition meets the requirements set forth in K.S.A. 12-3013 and 25-3602. Cited herein: K.S.A. 12-3005; 12-3013; 25-620; 25-3601; 25-3602; Kan. Const., art. 12, sec. 5.

Attorney General Opinion No. 1994-033

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (772 download)

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Book Synopsis Attorney General Opinion No. 1994-033 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1994-033 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A civil action filed pursuant to K.S.A. 1993 Supp. 60-3331 does not preclude a criminal prosecution. Cited herein: K.S.A. 1993 Supp. 60-3331.

Attorney General Opinion No. 1994-098

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (778 download)

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Book Synopsis Attorney General Opinion No. 1994-098 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1994-098 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: New subsection (b) of K.S.A. 79-2005 as amended by L. 1994, ch. 275, sec. 3 may not be applied retroactively in cases where substantive rights would be prejudicially affected. Cited herein: K.S.A. 45-310; 45-311; K.S.A. 1993 Supp. 79-1448; K.S.A. 79-2005, as amended by L. 1994, ch. 275, sec. 3.

Attorney General Opinion No. 1994-101

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (778 download)

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Book Synopsis Attorney General Opinion No. 1994-101 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1994-101 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The cash-basis law does not apply to the indebtedness created by an asset purchase contract designed to integrate the city hospital and a private hospital where the voters approved a tax increase for the purpose of financing the integration. Cited herein: K.S.A. 10-1116.

Attorney General Opinion No. 1994-076

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (778 download)

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Book Synopsis Attorney General Opinion No. 1994-076 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1994-076 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Rate making is a legislative function which necessarily implies a range of legislative discretion. Within this discretion lies the authority to prescribe specific conditions in a rate order such as the conditions found in 1994 House Bill No. 3039. Cited herein: K.S.A. 66-101b; 66-104; 66-128b; 66-1,189; 66-1,191; 66-1,192, as amended by L. 1994, H.B. No. 2665; 66-1,194; 1994 H.B. No. 3039; Kan. Const., art. 2, sec. 1; U.S. Const., amend. IV.

Attorney General Opinion No. 1994-056

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (775 download)

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Book Synopsis Attorney General Opinion No. 1994-056 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1994-056 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 1993 house bill no. 2070 amended the water transfer act, specifically K.S.A. 82a-1504(c), eliminating the legislative oversight of water transfers. The amendment contained procedural changes that are applied retroactively unless the legislature indicates otherwise. Thus the legislative review requirement in the former statute, K.S.A. 82a-1504(c) (Ensley 1989), does not apply to a water transfer in litigation during the amendment of the statute wherein the legislative oversight provision was eliminated. Cited herein: K.S.A. 65-4801; 82a-701; 82a-1504 (Ensley 1989); K.S.A. 1993 Supp. 82a-1504; K.S.A. 82a-5801.

Attorney General Opinion No. 1994-110

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (778 download)

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Book Synopsis Attorney General Opinion No. 1994-110 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1994-110 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The legislature has recognized various technologies which may be used in counting and tabulating votes cast by electors. The ability to use stickers for the purpose of casting a vote for a write-in candidate and the form such stickers must take is dependent in part on the type of technology used in counting and tabulating votes. If the voter's intent can be derived from the ballot despite the fact the ballot does not contain a mark in the square to the left of the write-in candidate's name, the ballot should be counted. Cited herein: K.S.A. 25-601; 25-612; 25-619; 25-1301; 25-1330; 25-2706; 25-2902; 25-2903; 25-4401; 25-4404; 25-4406; 25-4409; 25-4410; 25-4601; 25-4604; 25-4609; 25-4613; K.A.R. 7-29-2.

Attorney General Opinion No. 1994-120

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (778 download)

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Book Synopsis Attorney General Opinion No. 1994-120 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1994-120 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: While some directives adopted by the director of property valuation to prescribe appraisal standards meet the definition of rules and regulations under the filing act, K.S.A. 77-415 et seq., promulgation pursuant to the filing act is not necessary to give such directives the force and effect of law when applied to county taxing officials. Cited herein: K.S.A. 1993 Supp. 77-415; K.S.A. 77-425; K.S.A. 1993 Supp. 79-505; K.S.A. 79-1401; 79-1403; K.S.A. 1993 Supp. 79-1404; K.S.A. 79-1456.

Attorney General Opinion No. 1994-119

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (778 download)

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Book Synopsis Attorney General Opinion No. 1994-119 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1994-119 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The petition submitted to the city of Lawrence and setting forth a proposed ordinance establishing term limitations does not fulfill the requirements of K.S.A. 25-3602 and is, therefore, invalid because it does not state the question which the petitioners seek to bring to an election. The proposed ordinance establishing term limitations contains both legislative and administrative provisions and, therefore, is not a proper subject of an initiative petition and may not be submitted to a referendum. The severability clause is ineffective to sever the administrative provision from the legislative provision. A proposed ordinance which establishes term limitations will not affect a Lawrence city ordinance establishing terms of office because a term limitation acts as a qualification for running for office. Cited herein: K.S.A. 12-1001; 12-1006; 12-1017; 12-3013; 13-1501; 25-620; 25-3602.

Attorney General Opinion No. 1994-157

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (778 download)

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Book Synopsis Attorney General Opinion No. 1994-157 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1994-157 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A political party precinct committee is an integral part of the election mechanism; it is not a legislative or administrative agency of the state, or local government, nor is it subordinate to such a body. Therefore, a political party precinct committee is not a public body within the meaning of the Kansas open meetings act and is therefore not subject to the act's requirements. Cited herein: K.S.A. 25-3801; 25-3807; 25-3808; 25-3902; 25-3904; 75-4318.