Attorney General Opinion No 1998 028

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Attorney General Opinion No. 1998-028

Author : Carla J. Stovall
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (748 download)

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Book Synopsis Attorney General Opinion No. 1998-028 by : Carla J. Stovall

Download or read book Attorney General Opinion No. 1998-028 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: Under K.S.A. 47-632, the Livestock Commissioner does not have a statutory responsibility to indemnify the owner of an individual domestic animal, except for a bovine, which the Commissioner condemns due to the animal being affected with tuberculosis. By contrast, K.S.A. 47-633a applies when an entire herd of domestic animals, as defined, is condemned by the Livestock Commissioner because tuberculosis has been diagnosed in any animal within the herd. In that event the Livestock Commissioner is required to indemnify the herd owner based on an established formula for animals in the condemned herd regardless of type, although maximum amounts are set for bovines. Thus the Livestock Commissioner does not have a statutory responsibility to indemnify the owner of individual elk which the Commissioner may condemn due to the animal being affected with tuberculosis, but does have such responsibility if an entire herd of elk are condemned. Cited herein: K.S.A. 47-632; 47-633a; K.S.A. 1997 Supp. 47-635; K.A.R. 9-29-1; L. 1911, Ch. 312, section 23; L. 1911, Ch. 322, section 26; L. 1945, Ch. 230, section 1; L. 1969, Ch. 259, section 1; L. 1969, Ch. 259, section 2; L. 1978, Ch. 206, section 1; L. 1978, Ch. 206, section 2; L. 1993, Ch. 143, section 11; L. 1994, Ch. 79, section 4; L. 1996, Ch. 90, section 7.

Attorney General Opinion No. 1999-028

Author : Carla J. Stovall
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (747 download)

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Book Synopsis Attorney General Opinion No. 1999-028 by : Carla J. Stovall

Download or read book Attorney General Opinion No. 1999-028 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: Sheriffs are empowered by K.S.A. 19-805 to appoint deputies for particular purposes. Thus, sheriffs have statutory authority to deputize tribal law enforcement officers to enforce state law within the parameters set by the sheriff. Generally a sheriff is liable for official acts of the sheriff's deputies. However, tribes may agree to waive their immunity for purposes of indemnifying the county or sheriff for any liability incurred as a result of negligent acts of deputized tribal law enforcement officers while acting in an official capacity on behalf of the sheriff. The mechanism for enforcing such an agreement will depend on the terms of the agreement. Cited herein: K.S.A. 19-805; 19-805a; 74-2113; 74-5602; K.S.A. 1998 Supp. 74-9804(c); K.S.A. 75-711; 75-6101; 42 U.S.C. section 1983.

Attorney General Opinion

Author : Carla J. Stovall
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (719 download)

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Book Synopsis Attorney General Opinion by : Carla J. Stovall

Download or read book Attorney General Opinion written by Carla J. Stovall and published by . This book was released on 2001 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: With limited exceptions, a lawyer has a duty to maintain confidentiality of information relating to representation of a client. A lawyer should give nonlawyer assistants appropriate instruction and supervision concerning the ethical aspect of their employment, particularly regarding the obligation not to disclose information relating to representation of the client. A licensed social worker has a duty to report suspected child abuse or neglect, and should comply with the requirements of the mandatory reporting law. A lawyer who employs or contracts with a social worker to assist in representation of a client should inform the client of these potentially conflicting duties and allow the client to decide whether to proceed with the use of a social worker in the case. Cited herein: K.S.A. 38-1521; 38-1522, as amended by 2001 SB 186, section 2; K.S.A. 2000 Supp. 65-6311; 65-6315; K.A.R. 102-1-7; Kan. Rules of Professional Conduct 1.6 and 5.3.

Attorney General Opinion No. 1978-028

Author : Curt Thomas Schneider
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (88 download)

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Book Synopsis Attorney General Opinion No. 1978-028 by : Curt Thomas Schneider

Download or read book Attorney General Opinion No. 1978-028 written by Curt Thomas Schneider and published by . This book was released on 1978 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The use of codes to transmit non-conviction data for investigative or intelligence purposes by voice over the radio appears to be a reasonable precaution to be taken and within the guidelines set forth by the Department of Justice regulations governing the dissemination of criminal history record information as defined therein.

Attorney General Opinion No. 1999-039

Author : Carla J. Stovall
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (723 download)

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Book Synopsis Attorney General Opinion No. 1999-039 by : Carla J. Stovall

Download or read book Attorney General Opinion No. 1999-039 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: If a resolution changing the method of selection of members of a board of trustees of a hospital district established pursuant to K.S.A. 80-2501 et seq. from the methods set forth in subsection (a)(1) or (a)(2) of K.S.A. 80-2508 to election pursuant to subsection (a)(3) or (a)(4) of K.S.A. 80-2508 fails to clearly establish whether the term of office for the elected trustees is to be three years or four years, the elected trustees are deemed to serve terms of three years. Exercising authority conferred under K.S.A. 80-2508, the members of the board may then by majority vote change the term of office to four years. Cited herein: K.S.A. 80-2501; 80-2504; 80-2506; 80-2508.

Attorney General Opinion No. 1998-010

Author : Carla J. Stovall
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (748 download)

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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.

Attorney General Opinion No. 1992-028

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (798 download)

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Book Synopsis Attorney General Opinion No. 1992-028 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1992-028 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: If a public record is not closed or its use limited, a public agency may only require a written request, advance payment of prescribed fees and proof of the requestor's identity prior to granting access to or copies of such open public records. A public agency may adopt procedures designed to safeguard public records and minimize disruption of public business and may supply a form for requesting records as a means of facilitating the process. However, the agency may not require that a written request for an open public record be made in a certain form prior to granting access to or copies of such records. However, if the requested record's use is limited pursuant to K.S.A. 21-3914 or K.S.A. 1991 Supp. 45-221, a public agency may also require a notarized statement attesting to the matters set forth in K.S.A. 45-220(c)(1) or (2). Cited herein: K.S.A. 21-3914; 45-215; 45-217; 45-219; 45-220; K.S.A. 1991 Supp. 45-221; K.S.A. 53-101.

Attorney General Opinion No. 1996-028

Author : Carla J. Stovall
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (758 download)

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Book Synopsis Attorney General Opinion No. 1996-028 by : Carla J. Stovall

Download or read book Attorney General Opinion No. 1996-028 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. 9-1402(d) authorizes a Kansas bank to secure public funds deposited therein by depositing, maintaining, pledging and assigning certain securities for the benefit of the municipal corporation or quasi-municipal corporation, or by causing its agent, trustee or an affiliate having identical ownership to deposit, maintain, pledge and assign such securities. Eligible securities owned by a wholly-owned subsidiary of the bank may be deposited, maintained, pledged and assigned to secure deposits of public funds on behalf of the parent bank if the subsidiary is the agent of the depository bank or is an affiliate bank having identical ownership. Such pledged securities may not be deposited for safekeeping in any bank which is owned directly or indirectly by any parent corporation of the depository bank, or with any bank having common controlling shareholders, common majority of the board of directors or common controlling directors with the bank securing such deposits. Cited herein: K.S.A. 1995 Supp. 9-1402; 9-1405.

Model Rules of Professional Conduct

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)

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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.

Attorney General Opinion No. 1998-023

Author : Carla J. Stovall
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (748 download)

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Book Synopsis Attorney General Opinion No. 1998-023 by : Carla J. Stovall

Download or read book Attorney General Opinion No. 1998-023 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. 32-1053, a county or district attorney may personally receive and retain a fee for prosecuting violations of wildlife and parks laws or rules and regulations. Because there is currently no fee established by law, it is within the court's discretion to set a fee. Cited herein: K.S.A. 19-705; 28-175; 32-1053; L. 1911, Ch. 198, section 32; L. 1989, Ch. 118, section 139.

Attorney General Opinion No. 1995-028

Author : Carla J. Stovall
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (769 download)

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Book Synopsis Attorney General Opinion No. 1995-028 by : Carla J. Stovall

Download or read book Attorney General Opinion No. 1995-028 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: The requirement that a petition be filed in the office of the county or district attorney for an opinion regarding the legality of the form of the question is mandatory, and those signatures collected prior to meeting this requirement are invalid. Those signatures added to the petition after the petition was filed in the office of the county or district attorney pursuant to K.S.A. 25-3601 are not invalidated. Cited herein: K.S.A. 1994 Supp. 17-5908; K.S.A. 25-3601; 25-3602; L. 1992, ch. 194, section 2.

Attorney General Opinion No. 1982-028

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (864 download)

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Book Synopsis Attorney General Opinion No. 1982-028 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1982-028 written by Robert T. Stephan and published by . This book was released on 1982 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Crime Victims Reparations Board is required to record proceedings in the event of a disputed claim, and such record of proceedings is available for inspection upon the request of any citizen. However, unless information retained by the Board regarding a claimant is included in such a record of proceedings, the Board is not required to make such information available for public inspection. Cited herein: K.S.A. 74-7307, K.S.A. 1980 Supp. 45-201.

Attorney General Opinion No. 1988-028

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (819 download)

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Book Synopsis Attorney General Opinion No. 1988-028 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1988-028 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: K.S.A. 65-4041(A) does not require the county attorney who represented the applicant in the initial filing to continue that representation after a change of venue has been granted. However, K.S.A. 65-4041 and 65-4053 allow the district court to which venue has been changed to tax the costs of the proceeding to the county of residence. Cited herein: K.S.A. 1987 Supp. 19-702; 19-703; K.S.A. 22-2616; K.S.A. 1987 Supp. 59-2912; K.S.A. 60-609; 61-1907; 65-4031; 65-4032; 65-4034; 65-4036; 65-4041; 65-4053.

Attorney General Opinion No. 1998-026

Author : Carla J. Stovall
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (748 download)

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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.

Attorney General Opinion No. 1993-028

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (782 download)

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Book Synopsis Attorney General Opinion No. 1993-028 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1993-028 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: Under the circumstances and for reasons described herein K.S.A. 75-37,102 may properly be utilized to purchase insurance as prescribed by K.S.A. 74-4718. Cited herein: K.S.A. 74-4717; 74-4718; 74-4719; 74-4720; 74-4721; 75-3738; 75-3739; K.S.A. 1992 Supp. 75-3740; K.S.A. 75-37,102.

Attorney General Opinion No. 1989-028

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (818 download)

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Book Synopsis Attorney General Opinion No. 1989-028 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1989-028 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: The cash-basis law, K.S.A. 10-1101 e̲t̲ s̲e̲q̲., forbids a municipality to incur a contractual indebtedness in excess of funds actually on hand in the municipality's treasury and budgeted for such indebtedness in any particular budget year. An irrevocable, non-recourse loan commitment or letter of credit issued to a city does not satisfy the requirement that sufficient funds be available in the city treasury to satisfy a contractual indebtedness. Cited herein: K.S.A. 10-1101; 10-1113; 10-1116.

Attorney General Opinion No. 1986-028

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (841 download)

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Book Synopsis Attorney General Opinion No. 1986-028 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1986-028 written by Robert T. Stephan and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A personal property tax is imposed by K.S.A. 79-307b upon cattle which are held in feedlots. The statute permits the operator of the feedlot to collect the tax, which is calculated on a daily basis for each head of livestock present in the lot, and remit the same to the county along with the monthly report which is required by the same statute. Such taxes may not be released, discharged, remitted or commuted by the board of county commissioners or any other county officer. Accordingly, a resolution by a county commission which rebates part or all of the tax to the owner of the cattle either directly or indirectly through a collection fee to the feedlot operator is invalid. However, a collection fee which is not based on the amount of tax collected and which is reasonable in size is permissible. Cited herein: K.S.A. 79-307b; 79-1703.