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Attorney General Opinion No 1998 021
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Book Synopsis Attorney General Opinion No. 1998-021 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1998-021 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 practice of offering bi-weekly mortgage payment plans falls within the statutory definition of "debt adjusting" in that the parties exchange legal consideration and the term "creditors", as used in K.S.A. 21-2464, may also apply to one creditor. Cited herein: K.S.A. 21-2464 [repealed 1969]; 21-4402.
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. 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. 1999-021 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1999-021 written by Carla J. Stovall and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Legislature may, under Article 11, Section 1 of the Kansas Constitution, define the term "public utility" for purposes of property tax classification, as long as the legislative definition remains consistent with the commonly understood meaning of the term. Common definitions of the term "public utility" in 1985 and 1986, the years the Classification Amendment was framed and adopted, generally included characteristics such as provision of an essential service or commodity to the public on a nondiscriminatory basis and having a franchise, eminent domain powers or other ability to acquire and use private property for a public purpose. Cited herein: K.S.A. 1998 Supp. 66-104; K.S.A. 79-5a01; Kan. Const., Art. 11, section 1; 1999 H.B. 2400, section 13; L. 1986, Ch. 371, section 1; L. 1983, Ch. 314, section 1; L. 1969, Ch. 434, section 1.
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. 1998-046 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. 1998-051 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. 1998-020 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 Attorney General Opinion No. 1998-044 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1998-044 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 pursuit of a "common calling," the right to practice one's chosen profession, is a fundamental privilege protected by of Article IV, Section 2 of the United States Constitution, commonly referred to as the Privileges and Immunities Clause. The ability to engage in business as a pawnbroker or precious metal dealer is as much a "common calling" as any other occupation or profession and is thus a protected privilege under the Clause. In the absence of any known substantial rationale to justify Kansas residency for persons who wish to engage in business as a pawnbroker or precious metal dealer, the Kansas statutory provisions which establish such a requirement are found to violate Article IV, Section 2 of the United States Constitution. Cited herein: K.S.A. 16-708. U.S. Const., Art. 4, section 8.
Book Synopsis Attorney General Opinion No. 1998-048 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1998-048 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 person who distributes hypodermic needles in a needle exchange program with reasonable knowledge that the needles will be used to inject a controlled substance into the human body, risks violating K.S.A. 1997 Supp. 65-4153. Cited herein: K.S.A. 21-3209; 65-101; 65-202; 65-301; 65-4150; K.S.A. 1997 Supp. 65-4153; K.S.A. 65-6003; L. 1988, Ch. 232, sections 1-9.
Book Synopsis Attorney General Opinion No. 1987-021 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-021 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Valid liens which are not otherwise avoidable survive a discharge in bankruptcy and may be executed as provided by law after the proceedings in bankruptcy have come to an end. Judgments which are not liens upon property of the estate may not be enforced against the debtor subsequent to a discharge in bankruptcy. Penalties and interest owed on delinquent taxes are to be treated in the same manner as the tax itself, unless punitive in nature. Cited herein: K.S.A. 79-1703; 11 U.S.C. sections 101, 301, 302, 303, 362, 507, 523, 524, 944, 1328.
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. 1998-049 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.
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.
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. 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. 1998-059 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1998-059 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: Unified school districts are required by subsection (b) of K.S.A. 1997 Supp. 72-89b03, as amended by L. 1998, Ch. 171, section 4, to adopt a policy establishing a procedure for reporting to the police, county attorney, Attorney General, Kansas Highway Patrol, or other similar law enforcement agency, as appropriate, acts which have been committed at school, on school property, or at a school supervised activity when the acts involve conduct which constitutes the commission of a felony or misdemeanor or the possession, use, or disposal of explosives, firearms, or other weapons. A unified school district may adopt a policy whereby all reports of incidents are made to an employee designated by the board of education of a unified school district. The designated employee may then review the reports. If it is determined that the incident involved conduct which constitutes the commission of a felony or a misdemeanor, or which involves the possession, use or disposal of explosives, firearms, or other weapons, the law requires the designated employee to forward the report to the appropriate law enforcement agency. A school policy providing for the reporting of an incident to a school resource officer who is employed by the police department or other law enforcement agency as a law enforcement officer may fulfill the requirements of K.S.A. 1997 Supp. 72-89b03 if such manner of reporting is acceptable to the law enforcement agency. Cited herein: K.S.A. 1997 Supp. 21-4502; 21-4503a, as amended by L. 1998, Ch. 192, section 5; K.S.A. 72-8222; K.S.A. 1997 Supp. 72-89b01; 72-89b03, as amended by L. 1998, Ch. 171, section 4; 72-89b04; 74-5602; K.S.A. 1985 Supp. 74-5602; L. 1996, Ch. 87, section 2; L. 1995, Ch. 123, section 3; L. 1987, Ch. 277, sections 1, 2.
