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Attorney General Opinion No 1996 026
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Book Synopsis Attorney General Opinion No. 1996-026 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1996-026 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: A citizen has a constitutionally protected right to participate in elections on an equal basis with other citizens in the jurisdiction. In order to ensure exercise of this right, state statute and the national voter registration act require that sites designated as places of registration be open to the public at large. Designation of sites which are not open to the public at large may result in legal action against the public entity responsible for the operation of the place of registration. Cited herein: KS. A. 25-2302; 25-2303; 25-2309; 252310; 25-2311; 25-2312; 25-2313; 42 U.S.C.A. section 1973gg; 42 U.S.C.A. section 1973gg-5; 42 U.S.C.A. section 1973gg-9.
Book Synopsis Attorney General Opinion No. 1996-027 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1996-027 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: The Kansas legislature has not authorized the department of commerce and housing to impose fees on governmental entities seeking an allocation of the state ceiling applicable to the issuance of qualified private activity bonds, as that term is defined by the internal revenue code of 1986. Absent such statutory authorization, the imposition of such fees exceeds the scope of authority conferred on the department by the legislature. Cited herein: K.S.A. 1995 Supp. 9-1703; K.S.A. 10-108; 10-503; 10-625; 17-1270; 65-103a; 72-127; 72-7518; 74-550; K.S.A. 1995 Supp. 74-5005; K.S.A. 74-5058; 74-5060; 74-5061; 74-5062; 75-409; 75-437; 75-704; 75-3036; 75-5023; K.S.A. 1995 Supp. 75-5733; K.S.A. 75-5908; K.S.A. 1995 Supp. 76-12a08; 26 U.S.C. sections 103, 141, 142, 143, 144, 146.
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. 1996-030 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1996-030 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: The Kansas Supreme Court has the inherent power to prescribe conditions for admission to the bar and to regulate and control the practice of law. While there are statutes that relate to the practice of law, such statutes are effective only when in accord with the inherent power of the judiciary. Both K.S.A. 44-536(a) and rule 1.5(d) of the Kansas model rules of professional conduct adopted by Supreme Court rule 226 deal with how attorney fees in contingent fee cases are calculated. Because both the court's rule and the statute are intended to achieve the same goal, the legislation does not have a deleterious impact on the court's function. For this reason, K.S.A. 44-536(a) does not amount to a usurpation of power in contravention of the separation of powers doctrine and therefore is a statutory enactment which the court would sanction as in accord with the court's inherent power to regulate and control the practice of law. Cited Herein: K.S.A. 7-103; 7-104; 7-106; 7-108; 7-109; 7-111; K.S.A. 1995 Supp. 7-121b; K.S.A. 44-510c; 44-521; 44-531; 44-536.
Book Synopsis Opinions of the Attorney General of California by : California. Office of the Attorney General
Download or read book Opinions of the Attorney General of California written by California. Office of the Attorney General and published by . This book was released on 1950 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Attorney General Opinion No. 1990-026 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1990-026 written by Robert T. Stephan and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In legislation enacted as local economic regulation, classifications that are rationally related to a legitimate state interest do not offend the Equal Protection Clause of the Fourteenth Amendment. New section one of 1990 House Bill No. 2601 that distinguishes property located within corporate city limits from rural property does not offend the Equal Protection Clause. Cited herein: U.S. Const., Amend. XIV.
Book Synopsis Attorney General Opinion No. 1997-026 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1997-026 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: If the element of consideration is absent from the Lucky Shamrock Phone Card game in that no purchase is necessary for participation in this sweepstakes promotion, it is our opinion that the game is not a lottery. Furthermore, the Lucky Shamrock Phone Card Dispenser, as described herein, does not meet the statutory definition of a gambling device. This conclusion assumes that the machine and the game will be operated as described herein and not used in an illegal way. Cited herein: K.S.A. 1996 Supp. 21-4302; K.S.A. 21-4303; 21-4308.
Book Synopsis Attorney General Opinion No. 1996-036 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1996-036 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: A unified school district may not enter into a contract the provisions of which require the unified school district to incur liability greater than that established under the Kansas tort claims act, K.S.A. 75-6101 et seq., or which require the unified school district to secure payment of its obligations in any manner other than those set forth in state statute. Cited herein: K.S.A. 60-1111; 72-8201; 72-8416; 75-6101; 75-6103; K.S.A. 1995 Supp. 75-6104; K.S.A. 75-6111; 75-6401; 75-6402; 75-6403; L. 1979, ch. 186, sections 1-15.
Book Synopsis Attorney General Opinion No. 1996-001 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1996-001 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: Government imposed content-based restrictions on speech are generally impermissible under the first amendment. However, a carefully crafted racial and sexual discrimination and harassment policy that is directed at conduct violative of title VI, title VII or title IX may indirectly regulate speech that is "swept up incidentally within" the policy's reach. Cited herein: 20 U.S.C.A. section 1681; 42 U.S.C.A. sections 2000d, 2000e; 29 C.F.R. section 1604.11.
Book Synopsis Attorney General Opinion No. 1991-026 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1991-026 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: Current statutes concerning the powers and duties of county officials do not authorize boards of county commissioners to enter into interlocal agreements which unilaterally require county attorneys or their staff to prosecute in municipal court for violations of a municipal DUI ordinance. If a city has enacted a DUI ordinance, violations of that ordinance which fall within the city's jurisdiction may be prosecuted in municipal court. Such prosecutions may be undertaken by an attorney authorized by the city to appear in municipal court on behalf of the city. Likewise, defense costs for indigent defendants may be paid to attorneys properly hired by the city for such purposes. Compensation paid by the city to such prosecutors or other attorneys may be contractually shared with or paid to a third party (such as a county) if that party provides contractual consideration for such payments and if the city is expending funds which may be utilized for such purposes. Attorneys involved in representation of two or more public entities must resolve potential statutory or ethical conflict of interest issues. Cited herein: K.S.A. 1990 Supp. 8-1567; K.S.A. 12-2901; K.S.A. 1990 Supp. 12-2909; K.S.A. 12-4104; K.S.A. 1990 Supp. 12-4106; K.S.A. 19-701; 19-702; 22-2401a; K.S.A. 1990 Supp. 75-4301a.
Book Synopsis Opinions of the Attorney General and Report to the Governor of Virginia by : Virginia. Office of the Attorney General
Download or read book Opinions of the Attorney General and Report to the Governor of Virginia written by Virginia. Office of the Attorney General and published by . This book was released on 1979 with total page 620 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis Attorney General Opinion No. 1987-026 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-026 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 3̲2̲4̲ ̲L̲i̲q̲u̲o̲r̲ ̲C̲o̲r̲p̲.̲ ̲v̲.̲ ̲D̲u̲f̲f̲y̲, the Supreme Court of the United States held that the State of New York's statutory scheme for maintenance and control of retail liquor prices was in violation of Section 1 of the Sherman Act. The Court also held that New York's pricing system would not be saved under the "state-action exemption" from the antitrust laws (due to the fact that the state did not actively supervise the pricing system) or the Twenty-first Amendment to the United States Constitution (because the asserted state interests were not substantiated and did not suffice to afford such immunity). In Kansas, distributors are to file current bottle and case prices with the Director of the Division of Alcoholic Beverage Control. The Alcoholic Beverage Control Board is required to establish a minimum markup to be added on to the bottle price on file at the time of retail sale. The Board does not regulate the prices posted by distributors and has not adjusted the markup percentage for distilled spirits for approximately ten years. The pricing system for alcoholic liquor sales in Kansas is so closely aligned with that of New York that it too is in violation of antitrust laws. As a practical matter, prices are set by private industry and the State does not "actively" supervise the pricing system. Additionally, the United States Supreme Court held that unsubstantiated claims that the system promotes temperance and protects small liquor retailers are not sufficient to afford immunity under the Twenty-first Amendment. Cited herein: K.S.A. 41-1101; 41-1111; 41-1114; 41-1115; 41-1116; 41-1117; 41-1118; K.A.R. 13-4-2; 15 U.S.C. section 1.
Book Synopsis Attorney General Opinion No. 1996-079 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1996-079 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: An animal control officer is required to comply with statutory provisions regarding record-keeping and lawful methods of euthanasia. If the livestock commissioner has reason to believe that an animal control officer has violated these provisions, the commissioner may bring a court action to enjoin, restrain or prevent such person from continuing to violate the pet animal act. The commissioner may also refer such matter to the appropriate county or district attorney for criminal prosecution. In addition, if the destruction of animals by an animal control officer in a manner which violates the euthanasia statute is the result of city policy, the commissioner may initiate injunctive action against the city. Cited herein: K.S.A. 21-4310, as amended by L. 1996, ch. 119, section 1; K.S.A. 1995 Supp. 47-1701, as amended by L. 1996, ch. 151, section 6; K.S.A. 47-1711, as amended by L. 1996, ch. 151, section 14; 47-1715, as amended by L. 1996, ch. 151, section 16; 47-1718, as amended by L. 1996, ch. 151, section 18; 47-1727, as amended by L. 1996, ch. 151, section 26.
Book Synopsis Attorney General Opinion No. 1996-029 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1996-029 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. 74-4988 requires when a member of the Kansas public employees retirement system (KPERS), the Kansas police and firemen's retirement system (KP & F), or the retirement system for judges combines service under more than one retirement system in order to achieve eligibility to receive benefits, the member must submit an application to retire under each retirement system before benefits become payable. A determination of whether the provision set forth in L. 1995, ch. 267, section 26 violates the vested interests of members of KPERS involves a question of fact which must be determined by a court of law. If the enactment which includes a provision requiring members to submit an application to retire from all retirement systems before being eligible to receive retirement benefits from KPERS includes offsetting or counterbalancing advantages to the effected group of members, the provision does not result in a violation of vested contractual rights of the members. Cited herein: K.S.A. 20-2601; 20-2601a; 74-4901; K.S.A. 1995 Supp. 74-4909; 74-4914; K.S.A. 74-4934; K.S.A. 1995 Supp. 74-4951; K.S.A. 74-4951a; 74-4953; 74-4978f; K.S.A. 1995 Supp. 74-4988; 74-4989; K.S.A. 74-49,100; K.S.A. 1995 Supp. 74-49,104; L. 1995, ch. 267, sections 2, 3, 8, 22, 26, 27; U.S. Const., art. 1, section 10; U.S. Const., amend. V, XIV.
Book Synopsis Attorney General Opinion No. 1996-057 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1996-057 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. 64-101 sets forth criteria for newspapers in which legal notices, advertisements, and publications required by state law may be published. Subsection (a)(2) of K.S.A. 64-101 provides that eligible newspapers be entered at the post office of publication as second class mail matter. Newspapers which, after July 1, 1996, are entered at the post office as periodicals meet the standards required by the legislature when it enacted the provision. Therefore, newspapers entered at the post office as periodicals are deemed to comply with subsection (a)(2) of K.S.A. 64-101. Cited herein: K.S.A. 12-1651; 64-101; L. 1935, ch. 236, section 1; 39 C.F.R. section 30011.68.
Book Synopsis Attorney General Opinion No. 1996-058 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1996-058 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: Because section 11(d) of 1996 senate bill no. 585 provides for a substantive rather than a procedural or remedial change, and in the absence of legislative intent that it operate retroactively, in our opinion it should be applied prospectively to felony drug offenses committed after July 1, 1996 and not retroactively to felony drug offenses committed on or after July 1, 1993 but before July 1, 1996 even if the sentencing occurs after July 1, 1996. Cited herein: K.S.A. 21-4705, as amended by 1996 SB 585.
Book Synopsis Attorney General Opinion No. 1996-025 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1996-025 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: As a matter of law, a person who is not a "public employee" as defined by K.S.A. 75-4322(a) does not qualify as a representative of public employees for purposes of the act establishing the requirements for appointment to the public employee relations board. However, whether an individual appointed to the board is excluded from the definition of "public employee" as defined by K.S.A. 75-4322(a) is an issue of fact. An individual presently employed as director of human resources or personnel manager for a state agency is not necessarily excluded from the definition of "public employee" as a matter of law for purposes of the public employer-employee relations act. The appointee's status as a supervisory employee, a confidential employee, or a management official depends upon the particular duties and functions associated with the job rather than the position title or classification, and the issue is properly resolved on a case-by-case examination of the relevant facts and circumstances. The factual determination whether an appointee meets the statutory requirements for a particular position properly rests with the senate when the appointment is subject to senate confirmation. Cited herein: Kan. const., art. 2, section 18, art. 15, section 1; K.S.A. 75-4315b; 75-4321; 75-4322; K.S.A. 1995 Supp. 75-4323; K.S.A. 75-4324; 75-4333; 75-4334; 29 U.S.C. section 152(11).
