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Attorney General Opinion No 1998 036
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Book Synopsis Attorney General Opinion No. 1979-036 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1979-036 written by Robert T. Stephan and published by . This book was released on 1979 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Weapons which have been used in the commission of a crime and are no longer required as evidence may be sold by order of the court having jurisdiction of the weapons without placing the weapons for sale at public auction.
Book Synopsis Attorney General Opinion No. 1977-036 by : Curt Thomas Schneider
Download or read book Attorney General Opinion No. 1977-036 written by Curt Thomas Schneider and published by . This book was released on 1977 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The tuition charged by the Law Enforcement Training Center for the attendance of a law enforcement officer shall be paid by the county authorizing such person to attend and this expense cannot be charged over to the officer requiring him to reimburse the county through a contract provision.
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. 1990-036 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1990-036 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: The Behavioral Sciences Regulatory Board may delegate to its staff the task of issuing licenses to practice social work if there is no discretion involved in completing the ministerial task. If executive/legislative discretion must be applied, such delegation is proper when attended with adequate safeguards and standards to guide the exercise of discretion. If issuing or denying a license involves the exercise of discretion as it pertains to personal fitness, the determination of fitness may be delegated provided there is an avenue for relief through an appellate process. Cited herein: K.S.A. 1989 Supp. 65-6309; 65-6311; K.S.A. 77-421; K.A.R. 102-2-7.
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.
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.
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.
Book Synopsis Attorney General Opinion No. 1998-051 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1998-051 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. 21-3914, not all commercial use of public records is prohibited. The statute is violated only if the requestor intends to use the names and addresses in the records to contact those persons and solicit a sale. The term "person," for purposes of K.S.A. 21-3914, includes businesses. The Kansas Open Records Act does not require provision of records based upon a standing request or prospective request for documents not yet in existence. A request which is unreasonably burdensome need not be honored, but the public agency must cooperate with the requestor to provide access and copies, if possible. Cited herein: K.S.A. 21-3914; 45-215, K.S.A. 1997 Supp. 45-217; K.S.A. 45-218.
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.
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.
Book Synopsis Attorney General Opinion No. 1998-036 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1998-036 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. 1997 Supp. 38-1608 prohibits municipal courts from disclosing court records of juveniles under the age of 14 who are charged with violating ordinance cigarette or tobacco infractions unless a district court has ordered disclosure. The records of juveniles over the age of 14 who are charged with violating such ordinances are subject to the same disclosure restrictions as adult records. K.S.A. 1997 Supp. 38-1608(b)(3), which allows disclosure of records for a juvenile who is prosecuted as an adult, has no application to municipal court proceedings. K.S.A. 1997 Supp. 38-1652, which authorizes a district court to close juvenile offender hearings under certain circumstances, is not applicable to hearings in municipal court. Cited herein: K.S.A. 38-805c, 38-806, 38-815 (repealed L. 1982, Ch. 182, section 150); K.S.A. 1997 Supp. 38-1607, 38-1608, 38-1624, 38-1652, 38-1662, 38-1663, 38-1692.
Book Synopsis Attorney General Opinion No. 1994-036 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1994-036 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: In an election to approve a tax levy increase, a watershed district formed pursuant to K.S.A. 24-1201 et seq., must determine who is a landowner for purposes of establishing "qualified elector" status. By statute, the tax rolls establish satisfactory evidence of title when furnished by the county clerk as a record of ownership, K.S.A. 24-1203. When, however, a qualified landowner's identity appears as et ux., et vir. or et al. on the tax rolls, the election judge may challenge such voter's qualifications using the general conduct of election laws found at K.S.A. 25-407 et seq. If challenged, the landowner must establish the right to vote by presenting a copy of the recorded deed identifying the person as a landowner. Cited herein: K.S.A. 24-1201; 24-1202; 24-1203; 24-1219; 25-407; 25-410; 25-414; 25-2601; 25-2908; 54-101; 54-104.
Book Synopsis Attorney General Opinion No. 1998-048 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1998-048 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 person who distributes hypodermic needles in a needle exchange program with reasonable knowledge that the needles will be used to inject a controlled substance into the human body, risks violating K.S.A. 1997 Supp. 65-4153. Cited herein: K.S.A. 21-3209; 65-101; 65-202; 65-301; 65-4150; K.S.A. 1997 Supp. 65-4153; K.S.A. 65-6003; L. 1988, Ch. 232, sections 1-9.
Book Synopsis Attorney General Opinion No. 1998-042 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1998-042 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: For purposes of calculating a defendant's criminal history, the language of K.S.A. 1997 Supp. 21-4711(a) manifests the intent of the Legislature that every three prior adult convictions or juvenile adjudications of assault occurring within any period of three years shall be rated as one adult conviction or one juvenile adjudication of a person felony. Cited herein: K.S.A. 21-3408; 21-4701; K.S.A. 1997 Supp. 21-4711.
Book Synopsis Attorney General Opinion No. 1998-020 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1998-020 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. 21-4206, which addresses the disposition of confiscated weapons when no longer needed for evidentiary purposes, does not authorize the sale of confiscated weapons and the retention of sale proceeds by a law enforcement agency. Cited herein: K.S.A. 21-4206.
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.
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.
