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Attorney General Opinion No 1995 094
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Book Synopsis Attorney General Opinion No. 1995-094 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1995-094 written by Carla J. Stovall and published by . This book was released on 1995 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Kansas bureau of investigation may not release information in the juvenile offender information system except as specifically authorized by K.S.A. 38-1618(e), which generally prohibits the disclosure of such information in a manner that enables the identification of the juvenile. Unless a request for access to such information falls under one of the exceptions set forth in that statute, the bureau may not disclose information from the system pertaining to any juvenile, including those age 14 and older. Cited herein: K.S.A. 1994 Supp. 22-4701; 22-4704; K.S.A. 22-4707, as amended by L. 1995, ch. 251, sec. 18; K.S.A. 38-1601; K.S.A. 1994 Supp. 38-1602; 38-1607; 38-1608; K.S.A. 38-1617; 38-1618; 38-1655, as amended by L. 1995, ch. 251, sec. 31; K.S.A. 45-215; 45-216; K.S.A. 1994 Supp. 45-217; 45-221, as amended by L. 1995, ch. 257, sec. 6; K.S.A. 75-711, as amended by L. 1995, ch. 213, sec. 1; K.S.A. 75-712; L. 1994, ch. 271, sec. 8; K.A.R. 10-12-1; 10-12-2.
Book Synopsis Attorney General Opinion No. 1995-095 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1995-095 written by Carla J. Stovall and published by . This book was released on 1995 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Public fund depository laws precluding the state and its municipalities from placing their funds in branches of national banks that do not have home offices in Kansas do not violate the commerce clause, the supremacy clause or the equal protection clause of the United States constitution. Cited herein: K.S.A. 1994 Supp. 9-1111, as amended by L. 1995, ch. 79, sec. 15; K.S.A. 9-1401, K.S.A. 1994 Supp. 12-1675, 75-4201; 75-4205; 75-4208; 75-4209, as amended by L. 1995, ch. 194, sec. 2; 12 U.S.C. secs. 30, 36, 1831, 1831u, 1842; U.S. Const., art. I, sec. 8; art. VI; 14th amend.
Book Synopsis Attorney General Opinion No. 1995-046 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1995-046 written by Carla J. Stovall and published by . This book was released on 1995 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The term "counsel" as used in K.S.A. 72-5453 includes an attorney or lawyer. Cited herein: K.S.A. 72-5451; 72-5453.
Book Synopsis Attorney General Opinion No. 1995-085 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1995-085 written by Carla J. Stovall and published by . This book was released on 1995 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: While recognizing the importance of requiring licensure and regulation by the state of those who wish to practice law here, and the Kansas Supreme Court's inherent authority to require such licensure and regulation, due to the fact that the activities in question are occurring within a federal enclave and based on the supremacy clause, in our opinion attorneys acting under the authority of the United States army legal assistance program may counsel and assist pro se military clients with the preparation of necessary documents to be filed in Kansas courts in specified civil proceedings without obtaining a license to practice in the state of Kansas. Cited herein: 10 U.S.C. section 1044; U.S. Const., art. VI, cl. 2.
Book Synopsis Attorney General Opinion No. 1995-078 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1995-078 written by Carla J. Stovall and published by . This book was released on 1995 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Kansas tort claims act applies to the Kansas development finance authority because it is an authority pursuant to K.S.A. 1994 Supp. 75-6102(a). Any conclusion to the contrary in Attorney General Opinion No. 94-140 is hereby withdrawn. Cited herein: K.S.A. 68-2003; 68-2004; 74-8104; 74-8903, as amended by L. 1995, ch. 241, section 20; K.S.A. 1994 Supp. 74-8905, as amended by L. 1995, ch. 125, section 2; 74-8910; 75-6102, as amended by L. 1995, ch. 82, section 7; K.S.A. 75-6103; K.S.A. 1994 Supp. 75-6104, as amended by L. 1995, ch. 56, section 260; 77-201.
Book Synopsis Attorney General Opinion No. 1995-010 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1995-010 written by Carla J. Stovall and published by . This book was released on 1995 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A city may barricade a portion of a street without infringing upon certain property owners' rights of access if such property owners continue to have access to streets that abut their property.
Book Synopsis Attorney General Opinion No. 1995-100 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1995-100 written by Carla J. Stovall and published by . This book was released on 1995 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The small claims procedure act, which prohibits attorney representation except in limited circumstances, abrogates the common law principle that corporations may appear in court only through an attorney. While corporate representatives may participate in small claims matters, they may not practice law. Cited herein: K.S.A. 61-2703; 61-2704; 61-2705; 61-2707; 61-2712; 61-2713; 61-2714.
Book Synopsis Attorney General Opinion No. 1995-024 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1995-024 written by Carla J. Stovall and published by . This book was released on 1995 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The "governor's cabinet" has evolved through custom and tradition loosely patterned after the United States president's cabinet. Each member of the president's cabinet has a constitutional duty to provide opinions as the principal officer of an executive department when required by the president. U.S. const., art. II, section 2. There is a similar provision in the Kansas constitution. As such, cabinet members serve as advisors to the governor. The members of the current governor's cabinet include the secretaries of various state departments who are appointed by the governor subject to the confirmation of the senate and serve at the pleasure of the governor. In our opinion, the legislature may require that the secretary of the board of agriculture serve as a member of the governor's cabinet because as a member of the executive department she is already subject to the governor's request for information regarding her duties. Cited herein: K.S.A. 32-801; 74-5002; K.S.A. 1994 Supp. 75-3702; 75-5001; 75-5101; 75-5203; 75-5301; 75-5601; 75-5701; 75-5903. Kan. Const., art. 1, section 1; Kan. Const., art. 1, section 4; Kan. Const., art. 15, section 1; U.S. Const., Art. II, section 2.
Book Synopsis Attorney General Opinion No. 1995-114 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1995-114 written by Carla J. Stovall and published by . This book was released on 1995 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Except to the extent the duration of a term of public office is specified or limited by the Kansas constitution, the legislature may constitutionally alter the term, even if the effect is to cut short the unexpired term of an incumbent officer. A person appointed to public office has no vested property or liberty interest in holding the office. Nor does an incumbent have a contract right to hold the office for the duration of the original fixed term. Cited herein: Kan. const. art. 2, section 18, art. 6, sections 2, 3, art. 15, secs. 1, 2; K.S.A. 74-3201, as amended by L. 1995, ch. 241, section 12; K.S.A. 75-4315b; L. 1995, ch. 241.
Book Synopsis Attorney General Opinion No. 1995-014 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1995-014 written by Carla J. Stovall and published by . This book was released on 1995 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: An administrative agency's interpretation of a regulation must be consistent with the language found in the regulation and with the statutes the regulation implements. Whether an agency's interpretation is enforceable depends on the facts and is determined on a case by case basis. Cited herein: K.S.A. 74-5813; 77-415; K.A.R. 67-2-4.
Book Synopsis Attorney General Opinion No. 1992-094 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1992-094 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 domestic violence calls, when a law enforcement officer has probable cause to believe a crime is being committed or has been committed, the officer is required to arrest the offender and may not simply issue a ticket with a notice to appear in court. Cited herein: K.S.A. 1991 Supp. 22-2202; 22-2307; K.S.A. 22-2401.
Book Synopsis Attorney General Opinion No. 1995-041 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1995-041 written by Carla J. Stovall and published by . This book was released on 1995 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "Good time credits" are applicable only to persons serving a sentence in the custody of the secretary of corrections upon conviction of a felony. Kansas statutes neither require nor authorize a county to develop a policy regarding good time credits for persons serving a sentence for a third or subsequent driving under the influence conviction. A person serving a sentence for a third or subsequent driving under the influence conviction in a county jail is thus not eligible for "good time credits." In relation to persons convicted of a third or subsequent driving under the influence offense, substantive rights were affected by the 1994 amendments to K.S.A. 1993 Supp. 8-1567 and to K.S.A. 1993 Supp. 21-4704(i). Consequently the 1994 amendments should be applied prospectively, i.e. only to offenses committed after July 1, 1994. To the extent it conflicts with conclusions reached herein, Attorney General Opinion No. 94-161 is withdrawn. Cited herein: K.S.A. 1993 Supp. 8-1567; 21-4704; K.S.A. 1994 Supp. 8-1567; 21-3105; 21-4703; 21-4704; 21-4706; 21-4707; 21-4722; K.A.R. 44-6-146.
Book Synopsis Attorney General Opinion No. 1995-063 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1995-063 written by Carla J. Stovall and published by . This book was released on 1995 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Whether adjudicated under the juvenile offenders code or prosecuted as adults, juveniles may not be fingerprinted subsequent to disposition unless fingerprinting is specifically authorized by a judge of the district court having jurisdiction. Cited herein: K.S.A. 1994 Supp. 21-2501; 21-2511, as amended by 1995 S.B. 333, section 1; 21-3301; 21-3501; 21-3505; 21-3508; 22-4701; K.S.A. 22-4705; 38-1601; K.S.A. 1994 Supp. 38-1602, 38-1611; L. 1991, ch. 92, section 1; L. 1992, ch. 143, section 1; K.A.R. 10-19-9.
Book Synopsis Attorney General Opinion No. 1993-094 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1993-094 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: The restrained environment described herein satisfies the requirement of "imprisonment" as that term is used in the driving under the influence statute and the driving while suspended statute. Cited herein: K.S.A. 8-262, as amended by L. 1993, ch. 291, sec. 2; 8-1567, as amended by L. 1993, ch. 291, sec. 270; 21-3809, as amended by L. 1993, ch. 291, sec. 102.
Book Synopsis Attorney General Opinion No. 1995-032 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1995-032 written by Carla J. Stovall and published by . This book was released on 1995 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The 1994 amendments to K.S.A. 64-101 establish separate and distinct requirements for qualification as the official newspaper for a city of the first class, as opposed to the official county newspaper. If there is no newspaper published in the home county of a city of the first class, and if a newspaper otherwise qualifies under K.S.A. 64-101(a)(1) through (3), a city of the first class may utlize the second set of alternative requirements established in K.S.A. 64-101(a)(4). The location where a paper is published must be determined by looking at all the facts surrounding its singular place of origin. Prior Attorney General opinions discussing K.S.A. 12-1651 may provide guidance in interpreting the identical requirements now set forth in K.S.A. 64-101(b). Citied herein: K.S.A. 12-1651; 64-101.
Book Synopsis Attorney General Opinion No. 1995-121 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1995-121 written by Carla J. Stovall and published by . This book was released on 1995 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The filing officer should, upon receipt of a financing statement which fails to provide a social security number or federal employer identification number of the debtor, accept the filing and index the financing statement as required by state statute. Cited herein: K.S.A. 84-1-102; 84-9-101; K.S.A. 1994 Supp. 84-9-401; 84-9-402, as amended by L. 1995, ch. 11, sec. 1; 84-9-403; 84-9-407; K.S.A. 84-9-413; L. 1993, ch. 96, section 1; U.C.C. section 1-102; section 9-402.
Book Synopsis Attorney General Opinion No. 1995-016 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1995-016 written by Carla J. Stovall and published by . This book was released on 1995 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The policy of unified school district no. 458 establishing classifications for assessing fees for use of school facilities is subject to the rational basis test of the equal protection clause, and will not be set aside if any state of facts reasonably may be conceived to justify it. While in our opinion the policy of unified school district no. 458 does not on its face violate the equal protection clause of the fourteenth amendment to the United States constitution or section 1 of the bill of rights of the Kansas constitution, a violation could occur depending on actual application of the policy. Cited herein: K.S.A. 72-8212; Kan. Const., bill of rights, section 1; U.S. Const., amend. 14, section 1.
