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Attorney General Opinion No 1996 072
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Book Synopsis Attorney General Opinion No. 1996-072 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1996-072 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The use of public funds to finance the Kansas and Missouri metropolitan culture district is for a valid public purpose and payment of those funds to a private entity will not defeat that purpose. Furthermore, because the district is a political subdivision of both the states of Kansas and Missouri, public funds appropriated by Kansas counties that are part of the district may be used to fund cultural activities and organizations within the district even if the activity occurs in a Missouri county that is part of the district. The proposed ballot language substantially conforms to the requirements of the compact and the fact that all of the federal and private contributions to the district may not be forthcoming in the amounts represented in the ballot will not vitiate the election unless the representations on the ballot are misleading. The act requires that a county that adopts a resolution make certain findings and that the resolution that contains those findings be printed on the election notice and the ballot. The Kansas and Missouri metropolitan culture district compact act (act) is identical to the compact enacted by the Missouri legislature. The county-wide retailers' sales tax shall expire upon the date of withdrawal of a county from the district, if and when the compact becomes null and void, or upon the collection of $118,000,000, whichever event occurs first. Finally, any contractual obligations incurred by the commission prior to the effective date of a repealing statute must be paid before the compact becomes null and void. Cited herein: K.S.A. 1995 Supp. 12-2536, 12-2539; Kan. Const., art. 2, secs. 21, 30.
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.
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.
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.
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.
Book Synopsis Attorney General Opinion No. 1996-030 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1996-030 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Kansas Supreme Court has the inherent power to prescribe conditions for admission to the bar and to regulate and control the practice of law. While there are statutes that relate to the practice of law, such statutes are effective only when in accord with the inherent power of the judiciary. Both K.S.A. 44-536(a) and rule 1.5(d) of the Kansas model rules of professional conduct adopted by Supreme Court rule 226 deal with how attorney fees in contingent fee cases are calculated. Because both the court's rule and the statute are intended to achieve the same goal, the legislation does not have a deleterious impact on the court's function. For this reason, K.S.A. 44-536(a) does not amount to a usurpation of power in contravention of the separation of powers doctrine and therefore is a statutory enactment which the court would sanction as in accord with the court's inherent power to regulate and control the practice of law. Cited Herein: K.S.A. 7-103; 7-104; 7-106; 7-108; 7-109; 7-111; K.S.A. 1995 Supp. 7-121b; K.S.A. 44-510c; 44-521; 44-531; 44-536.
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.
Book Synopsis Attorney General Opinion No. 1996-075 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1996-075 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A pupil attending a private school does not possess a property interest in the yearly provision, free of charge, of auxiliary school services as enunciated under K.S.A. 72-5393. Amending the statute as proposed in 1996 senate bill no. 636 would not violate the due process clause of the fourteenth amendment to the United States constitution. Cited herein: K.S.A. 72-5392; 72-5393; 1996 senate bill no. 636; 20 U.S.C. section 1400; U.S. const., amend. XIV.
Book Synopsis Attorney General Opinion No. 1996-001 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1996-001 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Government imposed content-based restrictions on speech are generally impermissible under the first amendment. However, a carefully crafted racial and sexual discrimination and harassment policy that is directed at conduct violative of title VI, title VII or title IX may indirectly regulate speech that is "swept up incidentally within" the policy's reach. Cited herein: 20 U.S.C.A. section 1681; 42 U.S.C.A. sections 2000d, 2000e; 29 C.F.R. section 1604.11.
Book Synopsis Attorney General Opinion No. 1996-025 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1996-025 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: As a matter of law, a person who is not a "public employee" as defined by K.S.A. 75-4322(a) does not qualify as a representative of public employees for purposes of the act establishing the requirements for appointment to the public employee relations board. However, whether an individual appointed to the board is excluded from the definition of "public employee" as defined by K.S.A. 75-4322(a) is an issue of fact. An individual presently employed as director of human resources or personnel manager for a state agency is not necessarily excluded from the definition of "public employee" as a matter of law for purposes of the public employer-employee relations act. The appointee's status as a supervisory employee, a confidential employee, or a management official depends upon the particular duties and functions associated with the job rather than the position title or classification, and the issue is properly resolved on a case-by-case examination of the relevant facts and circumstances. The factual determination whether an appointee meets the statutory requirements for a particular position properly rests with the senate when the appointment is subject to senate confirmation. Cited herein: Kan. const., art. 2, section 18, art. 15, section 1; K.S.A. 75-4315b; 75-4321; 75-4322; K.S.A. 1995 Supp. 75-4323; K.S.A. 75-4324; 75-4333; 75-4334; 29 U.S.C. section 152(11).
Book Synopsis Attorney General Opinion No. 1996-017 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1996-017 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The mere presence of a rural or suburban home site is not sufficient to destroy the prohibition against annexing land devoted to agricultural use. Cited herein: K.S.A. 12-519; K.S.A. 1995 Supp. 12-520; K.S.A. 60-3201; K.S.A. 1995 Supp. 79-1439; K.S.A. 79-1459; K.S.A. 1995 Supp. 79-1476; Kan. const., art. 15, section 9.
Book Synopsis Attorney General Opinion No. 1996-036 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1996-036 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A unified school district may not enter into a contract the provisions of which require the unified school district to incur liability greater than that established under the Kansas tort claims act, K.S.A. 75-6101 et seq., or which require the unified school district to secure payment of its obligations in any manner other than those set forth in state statute. Cited herein: K.S.A. 60-1111; 72-8201; 72-8416; 75-6101; 75-6103; K.S.A. 1995 Supp. 75-6104; K.S.A. 75-6111; 75-6401; 75-6402; 75-6403; L. 1979, ch. 186, sections 1-15.
Book Synopsis Attorney General Opinion No. 1996-026 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1996-026 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A citizen has a constitutionally protected right to participate in elections on an equal basis with other citizens in the jurisdiction. In order to ensure exercise of this right, state statute and the national voter registration act require that sites designated as places of registration be open to the public at large. Designation of sites which are not open to the public at large may result in legal action against the public entity responsible for the operation of the place of registration. Cited herein: KS. A. 25-2302; 25-2303; 25-2309; 252310; 25-2311; 25-2312; 25-2313; 42 U.S.C.A. section 1973gg; 42 U.S.C.A. section 1973gg-5; 42 U.S.C.A. section 1973gg-9.
Book Synopsis Attorney General Opinion No. 1996-057 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1996-057 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 64-101 sets forth criteria for newspapers in which legal notices, advertisements, and publications required by state law may be published. Subsection (a)(2) of K.S.A. 64-101 provides that eligible newspapers be entered at the post office of publication as second class mail matter. Newspapers which, after July 1, 1996, are entered at the post office as periodicals meet the standards required by the legislature when it enacted the provision. Therefore, newspapers entered at the post office as periodicals are deemed to comply with subsection (a)(2) of K.S.A. 64-101. Cited herein: K.S.A. 12-1651; 64-101; L. 1935, ch. 236, section 1; 39 C.F.R. section 30011.68.
Book Synopsis Attorney General Opinion No. 1996-022 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1996-022 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A city may regulate the size and spacing of signs and billboards located on private property. Such regulation may not conflict with 12 U.S.C. section 131 and K.S.A. 68-2231 et seq., however, both laws recognize a city's regulatory authority over the erection, maintenance, size, spacing and lighting of signs in commercial and industrial areas. Cited herein: K.S.A. 68-2231; 68-2233; 68-2234; 23 U.S.C. section 131.
Book Synopsis Attorney General Opinion No. 1996-078 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1996-078 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The review of a petition by the county or district attorney conducted prior to circulation of the petition should be directed toward the form, rather than the content, of the question the petitioners seek to bring to an election. The opinion of the county or district attorney required under K.S.A. 25-3601 should address whether the question petitioners seek to bring to an election is in the form of a question, appears as it should upon the ballot, and includes the language set forth in K.S.A. 25-620. A rebuttable presumption as to these aspects of the question will attach upon approval of the question by the county or district attorney. The entity to which the petition is directed retains the authority to determine whether the question set forth in the petition is misleading or ambiguous. Cited herein: K.S.A. 10-101; 10-120; K.S.A. 1995 Supp. 12-1927; K.S.A. 25-620; 25-3601; 25-3602; L. 1992, ch. 194, sections 2, 3; L. 1976, ch. 190, section 1.
Book Synopsis Attorney General Opinion No. 1996-013 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1996-013 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A victim impact statement which is part of the presentence investigation report and is prepared by either a victim or a victim advocate on behalf of a victim does not violate K.S.A. 21-3815 because it does not constitute an attempt to improperly influence a judge. Cited herein: K.S.A. 21-3815, 21-4604, 21-4714; 22-3424; K.S.A. 1995 Supp. 74-7333; Kan. Const., art. 15, section 15.
