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Attorney General Opinion No 1997 077
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Book Synopsis Attorney General Opinion No. 1997-077 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1997-077 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: Municipal courts and district courts hearing county resolution violations may hear cases where a child under the age of 18 is charged with violating a city ordinance or a county resolution that makes certain conduct unlawful when committed by a child under 18 but would not constitute a violation if committed by an adult. Cited herein: K.S.A. 38-802; 38-806; 38-815 (repealed L. 1982, Ch. 182, section 150); K.S.A. 12-4104; K.S.A. 19-101d, as amended by L. 1997, Ch. 147, section 8; K.S.A. 38-1501; 38-1503; K.S.A. 1996 Supp. 38-1502; 38-1527; K.S.A. 38-1529.
Book Synopsis Attorney General Opinion No. 1995-077 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1995-077 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 not prohibit the use of its park for political advocacy activities or prohibit the distribution of handbills, pamphlets, posters or any other literature of a political nature as such restrictions violate the first amendment to the United States constitution because the prohibition constitutes a prior restraint on communication without narrow objective and definite standards. Furthermore, the exclusion of all political activity in a city park is a content-based exclusion which requires the city to establish that the exclusion is necessary to serve a compelling governmental interest and is narrowly drawn to achieve that interest. Finally, a city may impose reasonable restrictions on the time, place or manner of protected speech provided the restrictions are justified without reference to their content, are narrowly tailored to serve a significant city interest and leave open ample alternative channels for communication of information. Cited herein: U.S. Const., amend. 1.
Book Synopsis Attorney General Opinion No. 1996-077 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1996-077 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. 1995 Supp. 45-217 excludes judges of the district court from the definition of public agency. Judges' telephone records do not become public records merely because the telephone system is maintained by another branch of government. Cited herein: K.S.A. 1995 Supp. 45-217; 75-4709.
Book Synopsis Attorney General Opinion No. 1993-077 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1993-077 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: As a general rule, publicly owned vehicles may not be used for private purposes. However, city employees whose job responsibilities require them to be available 24 hours a day are not in violation of K.S.A. 8-301 et seq. when they use a city owned vehicle for personal uses (which are described in this opinion) because these uses are merely incidental to the primary purpose of the city which is to keep these employees accessible and responsive to city demands around the clock. Cited herein: K.S.A. 1992 Supp. 8-126; K.S.A. 8-301; 8-306; 8-307.
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. 1997-071 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. 1994-077 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1994-077 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 interstate horseracing act of 1978, 15 U.S.C.S. secs. 3001 et seq., requires any entity accepting wagers on a race that is being conducted in another state to obtain the consent of certain interested parties. In states, such as Kansas, with fewer than 250 scheduled on-track parimutuel horse race days per year, approval must be obtained from all tracks conducting horseracing at the same time of day as the track conducting the race upon which the wagers are placed (currently operating tracks) that are within 60 miles of the track where the wagers are accepted. If there are no currently operating tracks within 60 miles, approval must be sought from the nearest currently operating track in any adjoining state. The 60 mile criteria refers to road miles. Cited herein: K.S.A. 74-8836, as amended by 1994 H.B. 3097; 15 U.S.C.S. secs. 3002, 3003, 3004.
Book Synopsis Attorney General Opinion No. 1997-073 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1997-073 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 provisions of 1997 House Bill No. 2055, dealing with transfer-on-death titling of real property and release of mortgage or deed of trust on real property, do not violate the constitutional provision against bills containing more than one subject. Cited herein: Kan. Const., Art. 2, section 16; 1997 House Bill No. 2055; 1997 House Bill No. 2057, as amended by 1997 House Bill No. 2055, Section 8.
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. 1997-027 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. 1997-079 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. 1997-013 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. 1997-022 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. 1997-012 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. 1997-008 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. 1997-076 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1997-076 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. 45-221(a)(14) allows letters of complaint to the Board of Accountancy to be closed. A letter from the Board of Accountancy to the complainant notifying the complainant that there is no probable cause of a violation is mandatorily open. K.S.A. 1996 Supp. 45-221(a)(11) permits documents assembled in the course of an investigation to be closed as long as there is an adjudication pending. K.S.A. 45-216; K.S.A. 1996 Supp. 45-217; 45-221; K.S.A. 65-4914; 77-522.
