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Attorney General Opinion No 1987 089
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Book Synopsis Attorney General Opinion No. 1987-089 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-089 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: Penal statutes must be strictly construed. Since 1987 House Bill No. 2412 is penal in nature, the language granting total discretion must be given its ordinary meaning. Therefore, the proprietor or person in charge of the premises is free to designate any percentage of the premises as a smoking area, subject only to the limitations of any existing local regulation which are at least as stringent as those imposed by the act. Cited herein: 1987 House Bill No. 2412.
Book Synopsis Attorney General Opinion No. 1992-089 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1992-089 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: Under a privileges and immunities and equal protection analysis a city may restrict nonresidents' use of city parks. In order to pass constitutional scrutiny, the level of discrimination must be offset by a reasonable justification. Cited herein: U.S. Const., art. 4, section 1; Amend. 14th.
Book Synopsis Attorney General Opinion No. 1975-089 by : Curt Thomas Schneider
Download or read book Attorney General Opinion No. 1975-089 written by Curt Thomas Schneider and published by . This book was released on 1975 with total page 3 pages. Available in PDF, EPUB and Kindle. Book excerpt: "You advise that the Federal and State Affairs Committee of the House of Representatives has voted unfavorably on a measure introduced to repeal a concurrent resolution adopted by the 1972 Legislature ratifying a proposed amendment to the United States Constitution which provides that "[e]quality of rights under the law shall not be denied or abridged by the United States or by any State on account of sex." The chairman of that committee, you advise, has indicated that the committee action was based primarily upon opinions issued by this office, which are alleged to conclude that once a state has ratified an amendment to the United States Constitution, it is powerless to rescind or withdraw that approval. Contrary to some apparently widespread misconceptions, this office has at no time issued such an opinion or supported that position."
Book Synopsis Attorney General Opinion No. 1987-065 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-065 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: Under the provisions of Article 3, section 5 of the Kansas Constitution, no member of the Supreme Court Nominating Commission shall, while he or she is a member, hold any other "public office" by appointment. The term "public office" refers to the common-law concept of a public office, and except where the office of city attorney has been stripped of all prosecutorial and other sovereign power (through the exercise of home rule powers), a city attorney holds a public office. Cited herein: Kan. Const., Article 3, section 5.
Book Synopsis Attorney General Opinion No. 1987-121 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-121 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: K.S.A. 20-105 provides that to be qualified to hold the office of justice of the supreme court or judge of the court of appeals, a person must have been regularly admitted to practice law in Kansas and have engaged in the active and continuous practice of law for a period of at least ten years prior to the date of appointment as justice or judge. Though the strict definition of "active practice" would require that the legal activities of the person in question be pursued on a full-time basis and constitute his regular business, the general rule that statutory provisions imposing qualifications for office should be construed in favor of those seeking to hold office would serve to soften this requirement. Thus, a potential nominee need not be a full-time trial attorney to be considered as actively engaged in the practice of law, and is not automatically disqualified merely for holding a position which does not require legal expertise. Cited herein: K.S.A. 20-105; 20-3002; K.S.A. 1986 Supp. 22-3707.
Book Synopsis Attorney General Opinion No. 1993-089 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1993-089 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: An order of the director of property valuation upholding the decision of a board of county commissioners or district board of any appraisal district pursuant to K.S.A. 1992 Supp. 19-431(a) to suspend or terminate an appraiser is not, in our opinion, appealable to the board of tax appeals under K.S.A. 1992 Supp. 19-431(b) or K.S.A. 74-2438. Cited herein: K.S.A. 1992 Supp. 19-431; K.S.A. 74-2438; L. 1957, ch. 429, sec. 11; L. 1974, ch. 112, sec. 2; L. 1987, ch. 239, sec. 1).
Book Synopsis Attorney General Opinion No. 1987-098 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-098 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: Mutual funds may not be used as securities for the deposit of state and municipal funds. Cited herein: K.S.A. 1986 Supp. 9-1101; 9-1402; 75-4201; K.A.R. 17-11-2; 15 U.S.C. section 80a-1 e̲t̲ s̲e̲q̲.
Book Synopsis Attorney General Opinion No. 1987-023 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-023 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: Since it is the client's intent which governs the distinction between privileged and non-privileged communications, a determination of whether or not information exchanged between attorney and client is privileged requires a case-by-case consideration. To ensure compliance with the dictates of Canon 4 of the Code of Professional Responsibility and K.S.A. 60-426, when a supervising agency requests that an attorney release particular client information for enumerative or evaluative purposes, the attorney may either obtain the client's consent to do so, or, if the client refuses, compile the requested data in a less intrusive manner. If, however, the agency requests the data for purposes of determining a client's financial eligibility onto satisfy funding requirements, the exception to the privilege under DR-4-101(C)(4) would apply, making the aforementioned precautions unnecessary. Cited herein: K.S.A. 45-217; 45-221; 60-426; K.S.A. 1986 Supp. 20-3100, Supreme Court Rule No. 225, D.R. 4-101.
Book Synopsis Attorney General Opinion No. 1987-045 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-045 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: The mere fact that two members of a five-member city council in a city of the third class are married to each other does not violate the open meetings law or any other Kansas statute. Cited herein: K.S.A. 12-3002; 13-2903; 15-101; 15-106; 15-201; 15-209; 75-4317; 75-4317a; K.S.A. 1986 Supp. 75-4318.
Book Synopsis Attorney General Opinion No. 1988-089 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1988-089 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: A government agency such as the state department of social and rehabilitation services (S.R.S.) may obtain consumer reports from a consumer reporting agency for any of the permissible purposes outlined in K.S.A. 50-703. In our opinion, collecting overpaid benefits is not one of the permissible purposes. However, collecting overdue state hospital accounts and medical subrogation accounts, and conducting background investigations of S.R.S. staff may be considered permissible purposes in certain circumstances. Cited herein: K.S.A. 1987 Supp. 16a-1-301; K.S.A. 50-701; 50-702; 50-703; 50-707; 15 U.S.C.A. sections 1681b, 1681f.
Book Synopsis Attorney General Opinion No. 1987-093 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-093 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: In Kansas, title by adverse possession cannot be invoked against a governmental subdivision of the state by a private individual.
Book Synopsis Attorney General Opinion No. 1987-013 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-013 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: District attorneys and their agents are state employees for purposes of the Kansas Tort Claims Act. Cited herein: K.S.A. 22a-101, 22a-106, 25-2505, 75-6101, 75-6102.
Book Synopsis Attorney General Opinion No. 1987-174 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-174 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: The intent of L. 1987, ch. 215 is to encourage individuals to serve as volunteers for certain nonprofit organizations by granting to the volunteer immunity from liability for negligent acts or omissions. There are limitations to this immunity. For the act to apply, the organization must carry general liability insurance which will pay on behalf of the insured when an individual suffers loss for which the insured is liable. The exact amount and type of insurance required is to be determined in light of the exposure to liability which arises out of the organization's activities. Cited herein: L. 1987, ch. 215, sec. 1 (to be codified at K.S.A. 1987 Supp. 60-3601).
Book Synopsis Attorney General Opinion No. 1976-089 by : Curt Thomas Schneider
Download or read book Attorney General Opinion No. 1976-089 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: A law enforcement agency has the authority to finger- print individuals violating a city ordinance and K.S.A. 21-2501 places a duty on law enforcement officers and not a limitation.
Book Synopsis Attorney General Opinion No. 1987-034 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-034 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: Service of process is a condition precedent to an employee's request for the provision of defense counsel by a governmental entity, unless such condition is waived. If, after the employee has been served, the entity lawfully refuses to provide for such defense, and if the request was made in accordance with the statute, then the entity must reimburse the employee for attorney expenses incurred as a result of the retention of private counsel. Absent service of process, timely request for, and proper refusal of providing legal defense counsel, no right is conferred on the employee to retain private counsel at the expense of the governmental entity. Cited herein: K.S.A. 75-6103, 75-6108, 75-6109.
Book Synopsis Attorney General Opinion No. 1987-078 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-078 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: Pursuant to the provisions of K.S.A. 26-201, a city may appropriate private property by eminent domain for a public use. Acquisition of a railroad depot building which is included on the state register of historic places constitutes a public use. Cited herein: K.S.A. 26-201; 75-2714.
Book Synopsis Attorney General Opinion No. 1987-083 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-083 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: Pursuant to the provisions of K.S.A. 19-3548, a city and a public wholesale water supply district may enter into a water purchase contract for a term of forty years and any such contract may include an agreement for the purchase of water not actually received. Such a contract does not violate the cash-basis law (K.S.A. 10-1101 e̲t̲ s̲e̲q̲.), and the obligation of a city thereunder is payable solely from the revenues produced by the city's water system. Cited herein: K.S.A. 10-1101; 10-1116; 10-1116b; 19-3545; 19-3546; 19-3548.
