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Attorney General Opinion No 1999 040
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Book Synopsis Attorney General Opinion No. 1999-040 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1999-040 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: Proceeds from the emergency telephone tax created by K.S.A. 1998 Supp. 12-5302 may not be used for the purchase of a Data Transmission Network, as described herein, or the Network's monthly charges. Moreover, such proceeds may not be used for the costs involved in training civil defense personnel on the creation and operation of the Map-Info Database described herein. However, if employees of a county attorney's office are part of the law enforcement response to 911 emergencies, proceeds of the emergency telephone tax may be used to pay for the monthly recurring charges for pagers used by that office. Cited herein: K.S.A. 1998 Supp. 12-5302; 12-5304.
Book Synopsis Attorney General Opinion No. 1999-038 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1999-038 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: By referring to "such office" in K.S.A. 25-4325, the Legislature intended that the number of signatures required on a petition seeking the recall of a local elected official be based on a percentage of the number of votes cast in the last general election at which an officer was elected from the same member district from which the officer sought to be recalled was elected. In the case of a petition seeking the recall of a city commissioner who was elected at-large in the 1997 general election, the petition must contain signatures equal in number to not less than 40% of the votes cast at the 1999 general election for all at-large candidates for city commissioner divided by the number of persons elected in the 1999 general election to the office of city commissioner for at-large districts. Cited herein: K.S.A. 25-4301; 25-4318; 25-4325; 71-1407; 72-8009; Kan. Const., Art. 4, section 3; L. 1976, Ch. 177, sections 5, 7; L. 1976, Ch. 178, sections 25, 32; L. 1913, Ch. 336, section 1.
Book Synopsis Attorney General Opinion No. 1999-048 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1999-048 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: Documents related to an investigation conducted by an attorney for his or her client in order to provide legal advice to the client, may be closed under the Kansas Open Records Act because they are protected by the attorney-client privilege. Cited herein: K.S.A. 1998 Supp. 45-217; K.S.A. 1998 Supp. 45-221; 60-226; K.S.A. 60-426.
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. 1999-030 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1999-030 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: K.S.A. 2-2453 makes it unlawful for any person to use a pesticide in a manner inconsistent with the pesticide's label. Pesticide labels contain a reference to the Worker Protection Standard (WPS), cited as 40 C.F.R. part 170. Use of a pesticide in violation of the WPS is therefore a violation of K.S.A. 2-2453 because it is a use inconsistent with the pesticide label. However, even though the Kansas Department of Agriculture has authority to enforce provisions of the WPS referenced on the label pursuant to K.S.A. 2-2453, prosecution of violators is limited to civil penalty assessment actions against commercial applicators who work for pesticide businesses and to administrative law actions against the license of any certified applicator. Violations by certified private applicators and by those with no certification must be referred to the county or district attorney for criminal prosecution. Cited herein: K.S.A. 2-2438a; 2-2440e; 2-2449; 2-2453; 2-2461.
Book Synopsis Attorney General Opinion No. 1999-050 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1999-050 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: A law enforcement officer has no authority to stop a person and make inquiry concerning a possible violation of a regulation of a private homes association unless the officer suspects that such individual has violated or is about to violate a state law or a municipal ordinance. Cited herein: K.S.A. 22-2402; U.S. Const., Amend. XIV.
Book Synopsis Attorney General Opinion No. 1999-025 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1999-025 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: Proposed 1999 Substitute for Senate Bill No. 80 would create an external review process conducted by qualified and credentialed health care providers to review an adverse decision against a consumer by an insurer under a health insurance plan. The judicial review provisions of the proposed legislation treat the insurer and the insured equally and thus do not offend the Equal Protection Clause or the Due Process Clause of the Fourteenth Amendment to the United States Constitution. Cited herein: U.S. Const., 14th Amend.
Book Synopsis Attorney General Opinion No. 1999-057 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1999-057 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: K.S.A. 1998 Supp. 25-4501 states "there shall be held a presidential preference primary." The provision is mandatory. Although the expense of conducting the presidential preference primary may well prove burdensome for the counties of the State, the statutory language obligates the counties to conduct the presidential preference primary regardless whether the Legislature acts to appropriate monies which would be used to reimburse the counties for the costs associated with conducting the presidential preference primary. Cited herein: K.S.A. 1998 Supp. 25-4501; K.S.A. 25-4508; Kan. Const., Art. 2, section 24.
Book Synopsis Attorney General Opinion No. 1999-043 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1999-043 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: A resolution enacted by the City of Newton that does nothing more than express a concern for the safety of the City's water resources and describe certain actions that the governing body may take in the future to protect the City's environment is not void on the grounds of vagueness and, therefore, does not offend the Due Process requirements of the 5th and 14th Amendments to the United States Constitution. Cited herein: U.S. Const., Amend. V and XIV.
Book Synopsis Attorney General Opinion No. 1999-010 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1999-010 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 provisions of 1999 Senate Bill No. 288 do not violate the Free Speech Clause of the First Amendment to the United States Constitution or Section 11 of the Bill of Rights of the Kansas Constitution, nor do they violate the Equal Protection Clauses of the United States and Kansas Constitutions. Cited herein: 1999 Senate Bill No. 288; Kan. Const., Bill of Rights, sections 1, 2, 11; U.S. Const., Amend. 1, 14.
Book Synopsis Attorney General Opinion No. 1999-032 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1999-032 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 grounds in the petition seeking the recall of the Greenwood County Commissioner are set forth with sufficient particularity as to allow the Greenwood County Commissioner an opportunity to prepare a statement in justification of his conduct in office. The veracity of the allegations contained in the recall petition is to be determined by the electorate, not the county attorney. Cited herein: K.S.A. 25-4302; 25-4320; Kan. Const., Art. 4,3.
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.
Book Synopsis Attorney General Opinion No. 1999-045 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1999-045 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: Amendments contained in L. 1998, Ch. 131 allowing expungement of arrest and diversion records should be applied retroactively. Cited here: K.S.A. 1998 Supp. 21-4619; 22-2410.
Book Synopsis Attorney General Opinion No. 1999-049 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1999-049 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: Property specifically dedicated for public use is for the enjoyment of the public at large, not for one person or a limited number of persons, or for the exclusive use of restricted groups of individuals. Such public use does not include housing the offices of private organizations that provide services to only some members of the general public. However, there may be instances where a private non-profit organization desires to use a public building located on a public square in such a manner that its use is for the general public rather than for the organization's members or some other restricted group of individuals, and such use would be permissible. Cited herein: K.S.A. 12-401; 12-406; 12-406a.
Book Synopsis Attorney General Opinion No. 1999-061 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1999-061 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: Absent statutory authority, a court order assessing attorney fees in a child-in-need-of-care action is not a civil judgment that can be enforced by garnishment. Moreover, such order cannot be enforced as a civil judgment unless the Legislature so authorizes. Cited herein: K.S.A. 1998 Supp. 22-4513; 38-1511; K.S.A. 38-1593; 60-714; 60-716.
Book Synopsis Attorney General Opinion No. 1999-016 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1999-016 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: Use of the terms "expressly advocate the nomination, election or defeat of a clearly identified candidate" and "equal access" in 1999 Senate Bill No. 283 does not render the bill unconstitutionally vague. Cited herein: K.S.A. 25-4142; K.S.A. 1998 Supp. 25-4143; 25-4169a; 1999 S.B. 283; U.S. Const., Amend. I.
Book Synopsis Attorney General Opinion No. 1999-066 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1999-066 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: A unified school district may pay litigation expenses when it is a named party in a lawsuit. It may also pay the expenses of legal counsel representing a member of the board of education or an officer or employee of the school district if such individual is sued in a situation relating to and arising out of the performance of his or her office or employment. A unified school district is not authorized to contribute funds to pay a portion of the costs of litigation borne by the remaining plaintiffs in a lawsuit once the school district is removed as a plaintiff in the suit. Cited herein: K.S.A. 72-6405; 72-8121; 72-8201; 72-8205.
