Attorney General Opinion No 1998 059

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Attorney General Opinion No. 1998-059

Author : Carla J. Stovall
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (752 download)

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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.

Attorney General Opinion No. 1999-059

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. 1999-059 by : Carla J. Stovall

Download or read book Attorney General Opinion No. 1999-059 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 creation of an organized fire safety program is a legislative decision of a city's governing board. Determining the location of fire stations and whether to renovate existing fire stations or construct new fire stations so as to provide the best fire safety for a city involves administrative decisions of the city governing body. A petition proposing an ordinance which would establish the location of a fire station, therefore, is not authorized under K.S.A. 12-3013. Moreover, a petition authorized under K.S.A. 12-3013 must contain the question which petitioners seek to bring to an election. The question must be in the form of a question as it should appear upon the ballot. The petition may either set forth the proposed ordinance in its entirety or may include a title generally descriptive of the contents of the proposed ordinance. Finally, a petition authorized under K.S.A. 12-3013 must be filed with the county attorney for an opinion regarding the legality of the form of the question set forth in the petition. Cited herein: K.S.A. 12-3013; 25-3601; 25-3602; 71-501; K.S.A. 1998 Supp. 72-6433; K.S.A. 72-8801.

Attorney General Opinion No. 1994-059

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (775 download)

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Book Synopsis Attorney General Opinion No. 1994-059 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1994-059 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: Because the legislation proposed in 1994 senate bill no. 623 impairs a contractual right of those members having a vested interest in the retirement system without accompaniment of an offsetting or counterbalancing advantage, the bill violates section 10 of article 1 of the United States constitution and K.S.A. 74-4923. Cited herein: K.S.A. 74-4901; 74-4917; 74-4923; 74-4951; 1994 S.B. No. 623; 1994 S.B. No. 624; U.S. Const., art. 1, sec. 10.

Attorney General Opinion No. 1976-059

Author : Curt Thomas Schneider
Publisher :
ISBN 13 :
Total Pages : 2 pages
Book Rating : 4.:/5 (945 download)

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Book Synopsis Attorney General Opinion No. 1976-059 by : Curt Thomas Schneider

Download or read book Attorney General Opinion No. 1976-059 written by Curt Thomas Schneider and published by . This book was released on 1976 with total page 2 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Register of Deeds must file and index liens on growing crops, under the above statutes as amended, in the land records for the land upon which the crops are located as well as in the alphabetical records under the name of the owner of said crops.

Attorney General Opinion No. 1986-059

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. 1986-059 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1986-059 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: Kansas laws pertaining to driving under the influence of alcohol allow conviction when the accused's blood or breath alcohol test (BAT) registers less than .10 as long as other supporting evidence is available. A conviction under a similar statute in another state may be considered for sentencing purposes. Cited herein: K.S.A. 1985 Supp. 8-1005; 8-1567.

Attorney General Opinion No. 1991-059

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (81 download)

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Book Synopsis Attorney General Opinion No. 1991-059 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1991-059 written by Robert T. Stephan and published by . This book was released on 1991 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The legislature is authorized pursuant to article 4, section 3 of the Kansas constitution to prescribe the grounds and procedures for recall of elected public officials. The procedure set forth by the legislature obligates the county or district attorney to determine the sufficiency of the grounds asserted in a petition seeking the recall of a local officer. The county or district attorney does not determine whether the local officer should be subject to recall. Rather, the county or district attorney determines whether the grounds are set forth with sufficient particularity so as to permit the local officer an opportunity to prepare a statement in justification of the officer's conduct in office. Cited herein: K.S.A. 25-4301; K.S.A. 1990 Supp. 25-4302; K.S.A. 25-4312; K.S.A. 1990 Supp. 25-4320; K.S.A. 25-4326; 25-4329; 25-4331; Kan. Const., art. 4, section 3.

Attorney General Opinion No. 1998-046

Author : Carla J. Stovall
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (751 download)

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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.

Attorney General Opinion No. 1998-039

Author : Carla J. Stovall
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (75 download)

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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.

Attorney General Opinion No. 1993-059

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. 1993-059 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1993-059 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: With the exception of assistant county attorneys, employees of the county attorney's office are "public employees" pursuant to the public employer-employee relations act unless excluded by K.S.A. 75-4322(a), and therefore can participate in an election to determine their representative. The board of county commissioners is the proper governing body and the county is the "public employer" for the county attorney's employees for the purposes of the Kansas public employer-employee relations act. However, the county attorney can elect not to be bound by such a collective bargaining agreement. Cited herein: K.S.A. 19-302; 19-503; 19-706b; 19-805; 19-1202; 75-4321; 75-4322; 75-4324; 75-4327.

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. 1995-059

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. 1995-059 by : Carla J. Stovall

Download or read book Attorney General Opinion No. 1995-059 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: Pursuant to K.S.A. 12-631g and 12-631k, a city has the authority to establish sewer service charges and impose liens on real property if such charges are not paid regardless whether the collecting agent is a private company operating under a franchise agreement with the city, or the city itself. Furthermore, a city may impose a lien on a landlord's property for unpaid utility charges even if it was the tenant who incurred the charges. Cited herein: K.S.A. 12-631g; 12-631k; 12-2003.

Attorney General Opinion No. 1998-049

Author : Carla J. Stovall
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (751 download)

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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.

Attorney General Opinion No. 1998-008

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. 1998-008 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.

Attorney General Opinion No. 1998-047

Author : Carla J. Stovall
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (751 download)

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Book Synopsis Attorney General Opinion No. 1998-047 by : Carla J. Stovall

Download or read book Attorney General Opinion No. 1998-047 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 district court may decline jurisdiction in an agency adoption only if three conditions exist: (1) the basis for venue is location of the agency, (2) the petitioner does not reside in Kansas; and (3) the child did not reside in Kansas prior to receipt of custody by the agency. If all of these conditions exist, the court may decline to exercise its jurisdiction after weighing the factors listed in K.S.A 59-2127. Discretion to decline jurisdiction under K.S.A. 59-2127 is not available if venue is based on location of the agency and either the petitioner resides in Kansas or the child resided in Kansas prior to receipt of custody by the agency. Cited herein: K.S.A. 59-2124; 59-2126; 59-2127.

Attorney General Opinion No. 1998-044

Author : Carla J. Stovall
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (75 download)

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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.

Attorney General Opinion No. 1998-015

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. 1998-015 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.

Attorney General Opinion No. 1998-033

Author : Carla J. Stovall
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (749 download)

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Book Synopsis Attorney General Opinion No. 1998-033 by : Carla J. Stovall

Download or read book Attorney General Opinion No. 1998-033 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 elected offices of register of deeds, county treasurer and county clerk can be consolidated into one or more non-elected offices pursuant to K.S.A. 12-3901 et seq. The provisions of K.S.A. 19-302, 19-505 and 19-512 that prohibit the same person from acting as county clerk and county treasurer do not prevent a county commission from consolidating those offices provided the commission complies with all requirements of K.S.A. 12-3901 et seq. Cited herein: K.S.A. 12-3901; 12-3903; 12-3906; 19-302; 19-505; 19-512; G.S. 1868, Ch. 25.