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Attorney General Opinion No 1998 015
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Book Synopsis Attorney General Opinion No. 1998-015 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1998-015 written by Carla J. Stovall and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Corporations subject to the prohibition against the corporate ownership of agricultural land may contract with farmers for the production of agricultural products without violating the prohibition. Production contracts have only those restrictions found in K.S.A. 17-5904(b). A swine nursery or a swine finishing facility are both appropriate subjects for a production contract between a corporation and a person engaged in farming as both endeavors produce agricultural products. Additionally, the definition of a family farm corporation at K.S.A. 1997 Supp. 17-5904 requires that a stockholder be actively engaged in the labor or management of the farming operation; this requirement can be met by the legislatively created presumption in the statutory definition of a family farm corporation. Once the requirements of this presumption are met, a person meeting the requirements is presumed by statute to have fulfilled the "actively engaged" requirement regardless of where the person meeting the requirements maintains an office. Cited herein: K.S.A. 1997 Supp. 17-5903; 17-5904; 40-1001.
Book Synopsis Attorney General Opinion No. 1998-043 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1998-043 written by Carla J. Stovall and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 16-1205(b)(3) makes it a violation of the Kansas Agricultural Equipment Dealership Act to discriminate in the prices charged for agricultural equipment of like grade and quality sold by a farm equipment manufacturer to similarly situated farm equipment dealers. A manufacturer's certification program which results in different prices on like grade equipment to similarly situated dealers would violate the prohibition against price discrimination if the standards used by the manufacturer to determine certification are not equally available and fairly administered with respect to all dealers. Cited herein: K.S.A. 16-1202; 16-1205; 15 U.S.C. section 13.
Book Synopsis Attorney General Opinion No. 1989-015 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-015 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: Subsection (c) of K.S.A. 1988 Supp. 75-6116 generally provides a governmental entity may pay a part of any judgment taken against an employee for punitive or exemplary damages if the government entity finds three conditions exist. The statute requires that a judgment be rendered before the governmental entity may consider whether the conditions attendant to payment have been met. Cited herein: K.S.A. 1988 Supp. 75-6116.
Book Synopsis Attorney General Opinion No. 1998-026 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1998-026 written by Carla J. Stovall and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A series of meetings, each of which involves less than a majority of a quorum of a public body, but collectively totaling a majority of a quorum, at which there is a common topic of discussion of the business or affairs of that body constitutes a meeting for purposes of the Kansas Open Meetings Act. Cited herein: K.S.A. 75-4317; 75-4317a; 75-4318.
Book Synopsis Attorney General Opinion No. 1998-010 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1998-010 written by Carla J. Stovall and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Takings Clause of the Fifth Amendment to the United States Constitution prohibits the government from taking private property for public use without just compensation. A moratorium on new water pollution control permits for new confined feeding facilities would not effect a compensable taking pursuant to the per se category of invasive takings which are those governmental regulations that compel the property owner to suffer a physical invasion of his property. Nor does it appear that a moratorium on new water pollution control permits for new confined feeding facilities would constitute a compensable taking pursuant to the per se category of economic takings which are those governmental regulations that ban all economically beneficial uses of land. Whether such a moratorium would result in a compensable taking for failure to substantially advance a legitimate state interest depends on (1) the nature of the governmental action, (2) the severity of the economic impact on the affected property owner and (3) the degree of interference with the affected property owner's reasonable investment-backed expectations. Cited herein: U.S. Const., Amends. V and XIV; K.S.A. 1997 Supp. 65-171d; K.A.R. 28-18-2; 28-18-3.
Book Synopsis Attorney General Opinion No. 1998-016 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1998-016 written by Carla J. Stovall and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In performing the duties required under the Campaign Finance Act and the State governmental ethics provisions, the Kansas Commission on Governmental Standards and Conduct acts in the interests and for the benefit of the State. The functions performed by the Commission under such statutory provisions are governmental in nature. Therefore, statutes of limitation are not applicable to the Commission's actions. Cited herein: K.S.A. 25-4119a; 25-4142; 25-4160; 25-4161; 25-4166; 46-215; 46-253; 46-255; 46-256; 46-260; 46-262; 60-521; K.A.R. 19-1-1.
Book Synopsis Attorney General Opinion No. 1998-046 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1998-046 written by Carla J. Stovall and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 14-1302, which prohibits under certain conditions a city commission from appointing one of its former members to a city office, is subject to charter ordinance because it does not apply uniformly to all cities. However, the common law may still preclude a city commission from appointing one of its members to the office of city manager even if the member resigns his commission position unless the charter ordinance contains specific provisions that have the effect of abrogating the common law prohibition. Cited herein: K.S.A. 12-1011; 12-1014; 14-1302.
Book Synopsis Attorney General Opinion No. 1998-049 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1998-049 written by Carla J. Stovall and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A series of meetings or communications between members of a public body, each of which may involve less than a majority of a quorum of a public body, but collectively totaling a majority of a quorum, the purpose of which is to discuss a common topic of the business or affairs of that body so that the views of the members are exchanged in an interactive dialogue, constitutes a meeting for purposes of the Kansas Open Meetings Act. The communications need not be direct for the Act to apply, but must be at the direction or behest of the members of the body. Whether a series of communications is a violation of the Act is very fact specific, and each situation must be decided on its facts. Cited herein: K.S.A. 75-4317; 75-4317a; 75-4318.
Author :American Bar Association. House of Delegates Publisher :American Bar Association ISBN 13 :9781590318737 Total Pages :216 pages Book Rating :4.3/5 (187 download)
Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Book Synopsis Attorney General Opinion No. 1998-051 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1998-051 written by Carla J. Stovall and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to K.S.A. 21-3914, not all commercial use of public records is prohibited. The statute is violated only if the requestor intends to use the names and addresses in the records to contact those persons and solicit a sale. The term "person," for purposes of K.S.A. 21-3914, includes businesses. The Kansas Open Records Act does not require provision of records based upon a standing request or prospective request for documents not yet in existence. A request which is unreasonably burdensome need not be honored, but the public agency must cooperate with the requestor to provide access and copies, if possible. Cited herein: K.S.A. 21-3914; 45-215, K.S.A. 1997 Supp. 45-217; K.S.A. 45-218.
Book Synopsis Attorney General Opinion No. 1998-050 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1998-050 written by Carla J. Stovall and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 1998 House Bill No. 2724 (L. 1998, Ch. 141, section 1) amends K.S.A. 1997 Supp. 65-1423(h)(5), dealing with the requirements which must be met before coronal scaling and coronal polishing may be performed by an unlicensed individual. The anatomical and procedural terms used in the statute, such as coronal polish and coronal scale, may be defined by the Kansas Dental Board through rules and regulations. The statute provides two exceptions to the prohibition against an unlicensed person performing any part of a prophylaxis: under the direct supervision of a dentist, an unlicensed person may coronal polish teeth, as defined by the Kansas Dental Board, and under the direct supervision of a dentist, an unlicensed person may coronal scale teeth above the gum line if the person meets the requisite training and experience approved by the Kansas Dental Board, the procedure is performed before July 1, 2001 and the patient is not under general or local anesthesia. The statute does not require dental assistants (or any other unlicensed individual) to obtain licensure; however, dental assistants are subject to the prohibitions and requirements of K.S.A. 1997 Supp. 65-1423, as amended, and in that sense are regulated by the Kansas Dental Board, the agency charged with the statute's enforcement. Cited herein: K.S.A. 1997 Supp. 65-1423, as amended by L. 1998, Ch. 141, section 1; K.S.A. 1997 Supp. 65-1436, as amended by L. 1998, Ch. 142, section 9; K.A.R. 71-6-1 (proposed).
Book Synopsis Attorney General Opinion No. 1992-015 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1992-015 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: The use of the word "shall" in a statute which specifies a set number of meetings per year is directory not mandatory if that statute does not provide consequences for non-compliance. Members of the advisory commission on health and environment should be compensated with subsistence allowances, and reimbursement for mileage and other actual and necessary expenses for attending commission meetings. Cited herein: K.S.A. 75-3223; 75-5656.
Book Synopsis Attorney General Opinion No. 1998-020 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1998-020 written by Carla J. Stovall and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 21-4206, which addresses the disposition of confiscated weapons when no longer needed for evidentiary purposes, does not authorize the sale of confiscated weapons and the retention of sale proceeds by a law enforcement agency. Cited herein: K.S.A. 21-4206.
Book Synopsis Opinions of the Attorney General and Report to the Governor of Virginia by : Virginia. Office of the Attorney General
Download or read book Opinions of the Attorney General and Report to the Governor of Virginia written by Virginia. Office of the Attorney General and published by . This book was released on 1979 with total page 620 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Attorney General Opinion No. 1998-042 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1998-042 written by Carla J. Stovall and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: For purposes of calculating a defendant's criminal history, the language of K.S.A. 1997 Supp. 21-4711(a) manifests the intent of the Legislature that every three prior adult convictions or juvenile adjudications of assault occurring within any period of three years shall be rated as one adult conviction or one juvenile adjudication of a person felony. Cited herein: K.S.A. 21-3408; 21-4701; K.S.A. 1997 Supp. 21-4711.
Book Synopsis Attorney General Opinion No. 1998-039 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1998-039 written by Carla J. Stovall and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A regional library created pursuant to K.S.A. 12-1231 et seq. is a taxing subdivision for purposes of exempting itself from the tax lid law pursuant to K.S.A. 79-5036(c) and a political subdivision for purposes of having an employee benefits contribution fund established for it pursuant to K.S.A. 12-16,102. Cited herein: K.S.A. 12-1231; 12-1232; 12-1233; 12-1234; 12-16,102; 79-5021; 79-5036.
Book Synopsis Attorney General Opinion No. 1998-008 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1998-008 written by Carla J. Stovall and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The federal Family Educational Rights and Privacy Act, FERPA, requires covered universities to keep education records confidential. Law enforcement records are exempt from FERPA confidentiality requirements, while disciplinary records are subject to those requirements. Whether student parking tickets are law enforcement records or disciplinary records depends on the facts. Cited herein: K.S.A. 1997 Supp. 74-3209; 74-3219; K.S.A. 75-4506, 74-4508; 20 U.S.C.A. section 1232g (Supp. 1997); 34 C.F.R. section 99.
