Download or read book Attorney General Opinion No 1983 005 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: As introduced, 1983 Senate Bill No. 7 would amend K.S.A. 84-9-407, relating to the release of information concerning financing statements on file, so as to grant immunity to public officials from damages resulting from their negligence in releasing such information. Such a grant of immunity is permissible under the Kansas and United States Constitutions, and would act as an amendment by implication to the Kansas Tort Claims Act, K.S.A. 1981 Supp. 75-6101 e̲t̲ s̲e̲q̲. Cited herein: K.S.A. 46-901 (repealed by L. 1979, ch. 186), K.S.A. 1981 Supp. 75-6101,75-6103, 75-6104, K.S.A. 84-9-401, 84-9-407, Kan. Const., Bill of Rights, section 18, U.S. Const., Amend. XIV, L. 1981, ch. 357, L. 1981, ch. 358, 1983 Senate Bill No. 7.

Download or read book Attorney General Opinion No 1984 005 written by Robert T. Stephan and published by . This book was released on 1984 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Utilizing the authority granted by K.S.A. 1983 Supp. 19-15,139 e̲t̲ s̲e̲q̲., Shawnee County may issue bonds for the construction or acquisition of "civic and other multi-use public facilities." The authority granted by the act is not limited to the construction or acquisition of a single facility and may be utilized for distinct and separate facilities if such facilities may be defined as civic or other multi-use public facilities. A county may exempt itself by charter resolution from the particular issue limitations found in nonuniformly applicable statutes like K.S.A. 1983 Supp. 19-15,140 and may authorize the issuance of bonds in amounts greater than that authorized by the statute. When relying upon home rule the county is subject to the aggregate debt limitations found in K.S.A. 10-306 and the county may not use a charter resolution to exempt from the aggregate debt limitations. The exemption from aggregate debt limitations established in K.S.A. 1983 Supp. 19-15,141 is available to the county only when the county issues bonds under the authority of K.S.A. 1983 Supp. 19-15,140. Such an exemption is not available if the county chooses to issue bonds pursuant to a charter resolution enacted in the exercise of county home rule. K.S.A. 1983 Supp. 19-15,139 e̲t̲ s̲e̲q̲., is not legislation "concerning elections" within the meaning of K.S.A. 1983 Supp. 19-101a(a)(7), and is subject to the exercise of the powers of county home rule. Cited herein: K.S.A. 10-306 e̲t̲ s̲e̲q̲., K.S.A. 1983 Supp. 19-101a; K.S.A. 19-101b, 19-101c, K.S.A. 1983 Supp. 19-15,139, 19-15,140, 19-15,141.

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.

Download or read book Attorney General Opinion No 1983 064 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Article 12, Section 5 of the Kansas Constitution confers upon cities a broad measure of authority over their own affairs. Commonly known as home rule, this power must be exercised subject to the limitations contained in the constitution, one of which is the requirement that action be taken by means of an ordinance subject to the provisions of K.S.A. 12-3001 e̲t̲ s̲e̲q̲. Action by a city through a resolution rather than an ordinance does not meet this requirement, leaving invalid any exercise of home rule made as a result thereof. Cited herein: K.S.A. 10-119, 10-1003, Kan. Const., Art. 11, section 1, Art. 12, section 5.

Download or read book Attorney General Opinion No 1983 146 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A city does not "own" park property acquired by dedication upon filing of a plat, and may not sell such property. Cited herein: K.S.A. 12-101, 12-406, 12-504, 12-1301, Kan. Const., Art, 12, section 5.

Download or read book Attorney General Opinion No 1983 079 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: No provision of the Code of Procedure for Municipal Courts, or any other statutory provision, grants general authority to cities to penalize ordinance violations by imprisonment for a term commensurate to that of a felony. Further, cities do not have such authority under constitutional home rule powers, since punishment of serious offenses, for which a term of imprisonment in excess of one year may be imposed, is not a "local affair," as said term is used in Article 12, section 5 of the Kansas Constitution. However, where the state of Kansas has, by statute, delegated to cities the authority to impose such a sentence with respect to a particular ordinance violation, a municipal judge may validly impose the sentence. The state of Kansas has delegated such authority with respect to third or subsequent violations of Section 31 of the S̲t̲a̲n̲d̲a̲r̲d̲ ̲T̲r̲a̲f̲f̲i̲̲c̲ ̲O̲r̲d̲i̲n̲a̲n̲̲c̲e̲ ̲o̲f̲ ̲K̲a̲n̲s̲a̲s̲ ̲C̲i̲t̲i̲e̲s̲, but has not delegated such authority with respect to violations, for a third or subsequent time, of Section 192 of said Ordinance. Cited herein: K.S.A. 8-262, 8-1401, 8-1568, 8-2001, 8-2204, 12-4101, 12-4104, 12-4509, 12-4510, 13-401, 13-424, 13-601, 14-401, 14-439, 14-801, 15-440, 15-501, 20-1401, 20-1403, 20-1424, 20-1428, 20-1501, 20-1502, 20-1601, 20-1603, 20-1801, 20-1803, 20-1901, 20-1902, 20-2001, 20-2002, 20-2101, 20-2102, L. 1965, ch. 90, section 1, L. 1973, ch. 61, section 12-4702, Kan. Const., Art. 12, section 5.

Download or read book Attorney General Opinion No 1997 005 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: Where the bylaws of an area agency on aging state that the board of directors of the agency shall be confirmed by the boards of county commissioners of the counties served by the area agency, the commissioners are authorized to make such confirmations in the exercise of the administrative power granted counties by the legislature under home rule statutes. However, county commissioners may exercise control over the board of directors of Northeast Kansas Area Agency on Aging, Inc. only to the extent permitted by the agency's bylaws. Whether an agency's actions constitute state action under 42 U.S.C. section 1983 must be determined on a case by case basis in light of the circumstances in each case. Cited herein: K.S.A. 12-1680; 19-101; 19-101a, as amended by L. 1996, ch. 68; 19-101c; 19-2106; 19-2678; K.A.R. 26-1-1; 26-1-5; 42 U.S.C. sections 1983; 3001; 3023-3029.

Download or read book Attorney General Opinion No 1983 006 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Kansas Open Meetings Act is uniformly applicable to all cities and may not be circumvented by a charter ordinance. However, the quorum requirements of K.S.A. 13-1810 are provisions of an enactment of the legislature which is not uniformly applicable and may be changed by charter ordinance. Such charter ordinance will be subject to the "protest" style election authorized by Article 12, Section 5(c)(3) of the Kansas Constitution. "Majority," as the term is used in K.S.A. 13-1810, means the number one greater than half the number of members of the governing body and may not be changed by ordinary city ordinance. Cited herein: K.S.A. 12-1001, 12-1017, 12-1020, K.S.A. 1981 Supp. 12-10a01, 12-10a02, K.S.A. 13-1410, 13-1810, 14-111, 14-1308, 15-106, 15-1409, 75-4317, 75-4317a, K.S.A. 1981 Supp. 75-4318, K.S.A. 77-201 S̲e̲c̲o̲n̲d̲, Kan. Const. Art. 12, section 5.

Download or read book Attorney General Opinion No 1983 090 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to the provisions of K.S.A. 55-211a, a city may enter into an agreement for the cooperative development of oil and gas rights, provided that such an agreement serves a public purpose. Cited herein: K.S.A. 55-211a, Kan. Const., Art. 12, section 5.

Download or read book Attorney General Opinion No 1983 133 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A city ordinance which purports to authorize "independent contractors" to exercise the sovereign power of the city is contrary to statewide public policy, and is void. However, individuals who act as city attorney and municipal judge, under such an ordinance, are d̲e̲ f̲a̲c̲t̲o̲ officers of the city, and their acts are valid insofar as they involve the public and third parties. Additionally, the legal and judicial services provided by said individuals constitute "employment," as said term is defined in the Old Age and Survivors Insurance Act, and social security contributions are payable by the city with respect to remuneration paid for such services. Cited herein: K.S.A. 40-2301, 40-2302, 40-2305, 60-1205, L. 1983, ch. 157, section 1, Kan. Const., Art. 9, section 5.

Download or read book Attorney General Opinion No 1983 063 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: County attorneys must maintain an office at the seat of justice, unless otherwise provided by law or the board of county commissioners. Cited herein: K.S.A. 19-2601.

Download or read book Attorney General Opinion No 1983 136 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 8-2107 (as amended by L. 1983, ch. 42, section 1) authorizes a law enforcement officer to obtain a valid Kansas driver's license as security for a person's written promise to appear in court at the appointed time. However, said statute applies only where a law enforcement officer has "halted" such person for the violation of a state traffic law, and it has no application to violations of city traffic ordinances. Although a similar procedure is provided by the Kansas Code or Procedure for Municipal Courts, it has application only in those instances where a law enforcement officer has arrested a person for a violation of a city traffic ordinance. A city may by charter ordinance exempt itself from these provisions of the Municipal Code and provide a procedure different from the statutorily-prescribed procedure for obtaining appearance bonds from persons accused of violating traffic ordinances. However, the scope of the new procedure contemplated by any such charter ordinance is limited to the extent that the charter ordinance cannot confer upon the city the power to issue, suspend, revoke, restrict or otherwise affect the use of driver's licenses, since such powers vest exclusively in the state and are not within cities' home rule powers to determine their local affairs and government. A city is limited to this same extent with respect to legislative action by the city that would permit a defendant in municipal court to post a driver's license as bond pending the payment of a fine. Cited herein: K.S.A. 8-234a, 8-235, 8-254 (as amended by L. 1983, ch. 34, section 2), 8-271, 8-1212, 8-1218, 8-1219, 8-1222, 8-1567 (as amended by L. 1983, ch. 37, section 2), 8-2101, 8-2107 (as amended by L. 1983, ch. 42, section 1), 8-2110, 8-2111, 12-4211, 12-4212, 12-4213, 12-4301, Kan. Const., Art. 12, section 5.

Download or read book Attorney General Opinion No 1983 178 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Criminal pretrial proceedings must be conducted in the county of venue unless the governing statute specifically permits the proceeding to be conducted in another county. A pretrial proceeding conducted in a county other than the county of venue, without specific statutory authorization therefor, unless waived, is void for lack of jurisdiction. Cited herein: K.S.A. 22-2901, K.S.A. 22-2902, Kan. Const., Bill of Rights section 10.

Download or read book Attorney General Opinion No 1983 175 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 1982 Supp. 79-201k, which exempts aircraft used actually, regularly and exclusively in business or industry from property or ad valorem taxes, is not unconstitutional as a matter of law on the ground that the law lacks a rational basis. Cited herein: K.S.A. 1982 Supp. 79-201k, Kan. Const., Bill of Rights section 1, U.S. Const., Amend. XIV.

Download or read book Attorney General Opinion No 1983 037 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The constraints imposed by Article 11, Section 5 of the Constitution of the State of Kansas preclude the use of proceeds from the tax levies authorized by K.S.A. 2-131b and 19-1561 to fund the operations of a county fair association established and operating pursuant to K.S.A. 2-125 e̲t̲ s̲e̲q̲. Cited herein: K.S.A. 2-125, 2-129, 2-129c, 2-129e, 2-129g, 2-131b, 2-132, 19-1561.

Download or read book Attorney General Opinion No 1983 165 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 41-2623(e) requires that all the members of a partnership be individually qualified to obtain a license before the partnership itself can secure a license. However, subsection (f) of the same statute exempts stockholders of a corporation who own 5% or less of the corporate stock from any requirements. In that the limited partners of a partnership organized under K.S.A. 56-122 e̲t̲ s̲e̲q̲. (the Kansas Limited Partnership Act) have the attributes of shareholders in a corporation rather than partners in a general partnership, the requirements of subsection (f) of K.S.A. 41-2623 should be applied as to such partners in the granting of a license to a limited partnership. Cited herein: K.S.A. 41-2623, 56-125, 56-126, 56-128, 56-131.

Download or read book Attorney General Opinion No 1983 180 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Local boards of education are not required to provide school bus loading areas which allow school buses to be stopped entirely off the roadway portion of all city streets. In addition, while K.S.A. 8-1556(b) and Section 81 of Article 12 of the Uniform Standard Traffic Ordinance for Kansas Cities prohibit a school bus driver from activating the flashing warning signal lamps on the bus when the bus is stopped entirely off the roadway in designated school bus loading areas, the same subsections of law expressly authorize those lamps to be activated when the bus is stopped on a roadway to receive or discharge students. Finally, an area on and along a city street, which is part of the roadway of the street, continues to be a part of the roadway, although the area is posted as a no parking zone. The stopping of a school bus on this portion of a city street to receive or discharge children has no effect on the school bus driver's authority to activate the flashing warning signal lamps on the bus. Cited herein: K.S.A. 8-1459, 8-1556, K.S.A. 72-8301, K.A.R. 1983 Supp. 36-13-33, Kan. Const., Art. 6, section 5.