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Attorney General Opinion No 1997 021
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Book Synopsis Attorney General Opinion No. 1997-021 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1997-021 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. 1996 Supp. 12-340 et seq. do not constitute an unlawful delegation of legislative authority because these statutes contain sufficient guidelines and parameters within which the delegated authority is to be exercised. Cited herein: K.S.A. 1996 Supp. 12-340; 12-342; 12-343; 12-344; 12-345; 12-346; Kan. Const., Art. 1, section 6; Art. 2, sections 1, 17, 21, 30; Art. 9, section 1; Art. 12, section 5.
Book Synopsis Attorney General Opinion No. 1997-003 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1997-003 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: In the absence of statutory authority, the residents of a city of the first class have no authority to dissolve as a corporate body that city. Cited herein: K.S.A. 15-111; Kan. Const., art. 12, section 5.
Book Synopsis Attorney General Opinion No. 1997-008 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1997-008 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: The taking, use or exhibition of the symbol "Rx" is limited to licensed pharmacists and entities which employ licensed pharmacists. The taking, use or exhibition of that symbol by any other entity is prohibited. The federal Lanham Trademark Act does not preempt the Kansas prohibition against the use of that symbol by other than licensed pharmacists and entities which employ licensed pharmacists. Thus registration of the symbol "Rx" as a service mark pursuant to the federal Lanham Trademark Act does not exempt a furniture refinishing and repairing company from compliance with that Kansas prohibition. Cited herein: K.S.A. 65-636; 65-1626; 15 U.S.C. section 1051; 15 U.S.C. section 1057; 15 U.S.C. section 1121.
Book Synopsis Attorney General Opinion No. 1997-071 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1997-071 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: Pursuant to K.S.A. 22-4506, as amended by L. 1997, Ch. 181, section 6, if a trial court determines that appointment of counsel is necessary to represent a convicted felon who files a petition for writ of habeas corpus challenging conditions of confinement, the appointed counsel is entitled to compensation paid by the Board of Indigents' Defense Services. Cited herein: K.S.A. 22-4501; K.S.A. 1996 Supp. 22-4503; K.S.A. 22-4506, as amended by L. 1997, Ch. 181, section 6; 22-4507; 22-4522, as amended by L. 1997, Ch. 181, section 24; K.S.A. 1996 Supp. 60-1501.
Book Synopsis Attorney General Opinion No. 1997-022 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1997-022 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: Election petitions are generally open records under the Kansas Open Records Act. Cited herein: K.S.A. 25-3602, 45-216; 45-218; K.S.A. 1996 Supp. 45-217, 45-221, 72-6433, 72-6433a; K.S.A. 72-8801.
Book Synopsis Attorney General Opinion No. 1997-023 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1997-023 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: 18 U.S.C. section 1161 and section 26(C) of the Indian Gaming Compact between the State of Kansas and the Sac and Fox Nation of Missouri in Kansas and Nebraska each provide for regulation of tribal liquor sales in accordance with state law. The United States Supreme Court in Rice v. Rehner held that 18 U.S.C. section 1161 confers concurrent jurisdiction on the states and the tribes over liquor transactions in Indian country. This grant of authority has been held to include regulatory as well as substantive law. Thus, the Sac and Fox Nation will be required to obtain a state license before beginning liquor sales at the tribal casino. Because the casino is located in Brown County which has not opted to allow drinking establishments within the county in accordance with Article 15, Section 10 of the Kansas Constitution and K.S.A. 1996 Supp. 41-2646, the Tribe may not operate a drinking establishment at the casino. The Tribe may, however, apply for a club B license. Cited herein: K.S.A. 1996 Supp. 41-2601; K.S.A. 41-2634; K.S.A. 1996 Supp. 41-2641; 41-2642; K.S.A. 41-2646; Kan. Const., Art. 15, section 10; 18 U.S.C. sections 1151, 1154, 1156, 1161; 3113, 3488, 3669.
Book Synopsis Attorney General Opinion No. 1997-069 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1997-069 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. 1996 Supp. 8-1567a, making it unlawful for anyone less than 21 years of age to operate or attempt to operate a vehicle with a breath or blood alcohol content of .02 or greater, but less than .08, provides for a civil rather than a criminal proceeding for determining violation of its provisions. The only penalty for such violations is suspension of the individual's driver's license. The statute must be read in conjunction with K.S.A. 1996 Supp. 8-1001 and 8-1002 to determine the proceedings to be followed for notice, certification and hearing. The proceeding is administrative in nature and is to be conducted by the Division of Motor Vehicles. Nevertheless, the Division must file abstracts of court records of "convictions" based on violations of K.S.A. 1996 Supp. 8-1567a rather than substituting its judgment for that of the Court in determining the propriety of the Court's proceedings. Cited herein: K.S.A. 8-249; 8-286 (Furse 1991); K.S.A. 1996 Supp. 8-1001; 8-1002; 8-1014; 8-1567; 8-1567a; 21-3105; 23 U.S.C.A. section161; 23 C.F.R. section 1210.4.
Book Synopsis Attorney General Opinion No. 1997-013 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1997-013 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: A unified school district may permit pupils of the school district to utilize the district's transportation services in order to arrive at a religious facility in which the pupils will attend catechism classes if such transportation occurs along the regular transportation routes designated by the unified school district, as required by state statute, and the same service is available for pupils seeking transportation to other religious or nonreligious facilities. The latter is required because a governmental preference of one religion over other religions or nonreligion is not permitted under the Establishment Clause of the First Amendment of the United States Constitution. Cited herein: K.S.A. 72-8302, as amended by L. 1996, ch. 141, section 3; 72-8303; 72-8305; U.S. Const., Amend. I; U.S. Const., Amend. XIV; 20 U.S.C. section 1400.
Book Synopsis Attorney General Opinion No. 1997-012 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1997-012 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: Policy No. 50 of the Legislative Coordinating Council prohibiting the employment of Legislators' immediate family members by either house or any legislative staff agency is not facially violative of the Equal Protection Clause of the United States Constitution. Cited herein: K.S.A. 46-246a; 46-1202; 74-605; K.A.R. 19-40-4; U.S. Const., Amend. XIV.
Book Synopsis Attorney General Opinion No. 1997-049 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1997-049 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. 1996 Supp. 79-3234 and K.S.A. 46-1106(g) authorize the Post Auditor to access from the Department of Revenue state income tax returns and return information necessary for the conduct of an audit directed by the Legislative Post Audit Committee pursuant to K.S.A. 46-1108. 26 U.S.C.A. section 6103 does not prohibit disclosure of state income tax returns or return information to the Post Auditor pursuant to K.S.A. 1996 Supp. 79-3234 and K.S.A. 46-1106(g). Cited herein: K.S.A. 46-1106; 46-1108; 46-1114; 46-1119; K.S.A. 1996 Supp. 79-3234; 26 U.S.C.A. section 6103; 26 C.F.R. section 301.6103(a)-1, (p)(7)-1.
Book Synopsis Attorney General Opinion No. 1997-001 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1997-001 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: Persons who must submit certifications of health pursuant to K.S.A. 72-5213 are those persons who are employees of a unified school district, or under the supervision thereof, and are in regular contact with pupils of the school district. A YouthFriends volunteer is not under a contractual agreement with a school district for services provided as a YouthFriends volunteer, does not receive monetary compensation from the school district for such services, and is not under the control of the school district to the extent necessary to deem the YouthFriends volunteer an employee of the school district. A determination regarding whether a YouthFriends volunteer is under the supervision of the school district and comes in regular contact with pupils of the school district such that the YouthFriends volunteer must submit a certification of health pursuant to K.S.A. 72-5213 must be made on a case-by-case basis. Cited herein: K.S.A. 44-501; K.S.A. 1995 Supp. 44-508, as amended by L. 1996, ch. 79, section 3; K.S.A. 72-5213; 75-6101; K.S.A. 1995 Supp. 75-6102, as amended by L. 1996, ch. 91, section 4; L. 1980, ch. 219, section 1; L. 1974, ch. 300, section 1; L. 1963, ch. 358, section 2.
Book Synopsis Attorney General Opinion No. 1997-063 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1997-063 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: The doctrine of incompatibility of offices prevents the Chairman of the Pooled Money Investment Board from also serving as the Director of Investments where the Chairman was granted all powers necessary to perform the duties of the Director of Investments. Cited herein: K.S.A. 1996 Supp. 12-1677a; 12-3734; 40-3406; 44-712; K.S.A. 75-2935b; K.S.A. 1996 Supp. 75-4212a; 75-4221a; 75-4222; 75-4232; 75-4234; 75-4236; 1997 S.B. 282.
Book Synopsis Attorney General Opinion No. 1997-027 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1997-027 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: Publication requirements for a county resolution permitting corporate swine production facilities under K.S.A. 17-5908 must be complied with in order for the resolution to become effective. Because the statute does not prescribe a specified time within which publication must be made, the lapse of more than two years between the approval of Hodgeman County Resolution No. 94-6 and proper publication thereof does not prohibit enactment of the resolution, however the resolution does not become effective until sixty days after its proper publication and an opportunity for any protest to be resolved. The sixty day protest period does not begin until the final, proper publication of the resolution. Cited herein: K.S.A. 17-5908.
Book Synopsis Attorney General Opinion No. 1997-010 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1997-010 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: A city may provide financial assistance to a social service agency that subscribes to certain religious tenets as long as the use of such funds conforms with the public purpose doctrine and the funds are not used to secure or maintain a place where any form of religious worship is conducted or where any religious doctrine is taught. Cited herein: Kan. Const., Bill of Rights, section 7; U.S. Const., Amendment I.
Book Synopsis Attorney General Opinion No. 1997-031 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1997-031 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: A juvenile who violates an ordinance that proscribes conduct that is not prohibited by statute has not committed an act that would constitute a felony or misdemeanor as defined by K.S.A. 1996 Supp. 21-3105 and thus may be prosecuted in municipal court. Cited herein: K.S.A. 1996 Supp. 21-3105; K.S.A. 21-3512; 21-3701; 21-4501; K.S.A. 1996 Supp. 21-4502; 21-4503a; 38-1602; K.S.A. 38-1604.
Book Synopsis Attorney General Opinion No. 1997-079 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1997-079 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: A publishing company does not violate the K.S.A. 21-3914 prohibition against receiving lists of names derived from public records for the purpose of commercial solicitation by publishing and delivering state boards' official newsletters which contain advertisements. Under the facts presented, the company also may use the lists of licensees' names to solicit advertisements for each newsletter from the licensees who receive the newsletter. Cited herein: K.S.A. 21-3914; 45-220; 46-237.
Book Synopsis Attorney General Opinion No. 1997-084 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1997-084 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. 1996 Supp. 65-1466 authorizes a dentist or dental hygienist to practice as an employee or to otherwise contract with a 501(c)(3) not-for-profit corporation [which also qualifies under K.S.A. 65-431(b)], an indigent health care clinic, a federally qualified health center or a local health department to provide dental services to dentally indigent persons. These qualified entities may either define the term "dentally indigent" as provided in the statute or may, in accordance with the statute, define the term more restrictively. A federally qualified health clinic or other qualified entity may also define the term more broadly, but may employ or otherwise contract with licensees of the Kansas dental practice act to serve only those who qualify under State law as dentally indigent. Cited herein: K.S.A. 65-431; 65-1401; K.S.A. 1996 Supp. 65-1424; K.S.A. 1996 Supp. 65-1435; 65-1436, as amended by L. 1997, Ch. 81, section 2; 65-1466; 26 U.S.C. section 501(c)(3); 42 U.S.C. 254b; 42 C.F.R. section 51c.303.
