Download or read book Attorney General Opinion No 1984 001 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: A municipality, through the exercise of constitutional home, rule powers, may grant to the municipal court the power to impose contempt sanctions against persons who fail to obey the subpoenas of a municipal administrative agency. Cited herein: K.S.A. 12-4101, 12-4104, 12-4105, 12-4106, 12-4204, 12-4602, Kan. Const. Art. 12, section 5.

Download or read book Attorney General Opinion No 1986 001 written by Robert T. Stephan and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Kansas Open Records Act, K.S.A. 1984 Supp. 45-215 e̲t̲ s̲e̲q̲., does not require that a city employee disclose names and addresses derived from city records to a person who the employee knows intends to use such names and addresses for a commercial purpose. Such disclosure is specifically prohibited by K.S.A. 1984 Supp. 21-3914. Any person who receives a list of such names and addresses for the purpose of selling or offering to sell any property or service to listed persons may be found guilty of a misdemeanor. Cited herein: K.S.A. 1984 Supp. 21-3914; 45-221.

Download or read book Attorney General Opinion No 1984 096 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: As amended by Laws 1984, Chapter 154, Section 1(g), K.S.A. 1983 Supp. 38-1523(g) establishes a policy that law enforcement officers investigating reports of abuse or neglect on school premises do so in street clothes. However, the statute imposes no absolute requirement and allows safety and practical considerations to be taken into account. Accordingly, a small police force could determine that its officers should not take the additional time needed to change from their uniforms into street clothes, and then back again, in making such investigations. Cited herein: K.S.A. 1983 Supp. 38-1523, as amended by L. 1984, ch. 154, section 1(g).

Download or read book Attorney General Opinion No 1984 106 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: As amended by chapter 282, section 5, the provisions of chapter 187, section 11 of the 1984 Session Laws prohibit the selling, giving or receiving of lists of names and addresses derived from public records, for the purpose of selling or offering for sale any property or service to the persons listed therein, subject to three exceptions. Section 6 of chapter 187, as amended by section 3 of chapter 282 of the 1984 Session Laws, further requires that any person who obtains a list of names and addresses certify that: (1) he or she will not use the information for the purpose of selling or offering for sale any property or services, and (2) will not give, sell or otherwise make available the list to another person so that the latter may sell or offer for sale any property or service. Accordingly, a person may not make commercial use of information derived from such lists, either directly or through the sale of the lists themselves. Cited herein: K.S.A. 1983 Supp. 21-3913; 45-201 (both repealed, L. 1984, ch. 187); 74-2012, as amended by L. 1984, ch. 282, section l; L. 1983, ch. 171, section 11, L. 1984, ch. 187, sections 6, 11; L. 1984, ch. 282, sections 3, 5.

Download or read book Attorney General Opinion No 1984 091 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: The legislature may refuse to appropriate moneys to provide funds for a̲ ̲p̲a̲r̲t̲i̲c̲u̲l̲a̲r̲ lease of office space already entered into by a state agency and may direct that no appropriated moneys shall be used for such purpose. However, the legislature may not prescribe that an agency may not enter into a̲n̲y̲ lease for office space without the prior approval of the State Finance Council or some other legislatively-dominated committee. Such a limitation on prospective action by a state agency violates the doctrine of separation of powers and is unconstitutional. Attorney General Opinion No. 81-83 is reaffirmed. Cited herein: K.S.A. 75-3708, 75-3711, K.S.A. 1983 Supp. 75 -3711c, 75-3725a, L. 1984, ch. 23, section 5, L. 1984, ch. 244, sections 1, 2, 23, L. 1981, ch. 32, section 69.

Download or read book Attorney General Opinion No 1984 101 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: State and local authorities may disclose vital statistics only as permitted by K.S.A. 65-2422. That statute generally limits disclosure of such information regarding identifiable persons to applicants who have a direct - interest in the matter and who require the information to determine personal or property rights, but does not permit disclosure of such information for the purposes of general genealogical information or research. The limitations imposed by K.S.A. 65-2422 are applicable to state employees and officers and to persons who possess, store or in any way handle vital statistics records under contract with the state. The limitations do not distinguish between vital statistics collected before or after 1911 and we can perceive no basis for drawing such a distinction. Cited herein: K.S.A. 65-2401; 65-2407; 65-2422; L. 1984, ch. 282, section 4(1); L. 1885, ch. 129, section 5; L. 1911, ch. 296, section 1; L. 1951, ch. 355, section 22; G.S. 1949, sections 65-144.

Download or read book Attorney General Opinion No 1984 083 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: The filing of the 1875 plat of the City of McPherson did not result in a statutory dedication of Block 56 thereof to the public use of McPherson County, and the subsequent deed conveying such property to the County did not result in a common law dedication to public uses. Cited herein: K.S.A. 12-401, 12-406 (as amended by L. 1984, ch. 65, section 1).

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 1984 122 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: The common law doctrine of incompatibility of offices precludes one person from simultaneously holding the offices of city council member and clerk of the municipal court in a city of the third class having a mayor-council form of government. Cited herein: K.S.A. 12-4108.

Download or read book Attorney General Opinion No 1984 127 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: A bank may, for purposes of securing deposits of public funds, pledge revenue bonds issued by a quasi-municipal corporation, provided that approval is given by the state bank commissioner. An exception is made in the case of bonds secured by revenues of a utility which has been in operation less than three years, with the use of such bonds not permitted for pledging purposes. K.S.A. 9-1402(e)(1). Pursuant to a rule and regulation of the bank commissioner (K.A.R. 17-14-1), the term "utility" is defined using the definition found at K.S.A. 1983 Supp. 10-1201, which includes publicly-owned facilities of a revenue-producing character which supply water. In that a rural water district organized pursuant to K.S.A. 82a-612 e̲t̲ s̲e̲q̲., is a quasi-municipal corporation which operates publicly-owned water supply facilities and may issue revenue bonds therefor, K.S.A. 9-1402(e) is applicable to those districts whose systems have not been in operation for three years. Cited herein: K.S.A. 9-1402, 10-101, K.S.A. 1983 Supp. 10-1201, K.S.A. 82a-616, K.S.A. 1983 Supp. 82a-619, 82a-625, K.A.R. 17-14-1.

Download or read book Attorney General Opinion No 1984 079 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: The law enforcement training schools that are to be certified annually under K.S.A. 1983 Supp. 74-5604a(a), are those training schools of state or local law enforcement agencies only. A law enforcement training program which is offered solely as an approved course of a community college and which is not provided on behalf of a law enforcement agency pursuant to a duly authorized contract, is not eligible for certification as a state or local law enforcement agency training school. Any state law enforcement agency and any community college are granted authority by K.S.A. 1983 Supp. 75-3099 to enter into an agreement for the community college to provide instruction on behalf of the state law enforcement agency. A law enforcement training program which is provided by a community college pursuant to such an agreement would be eligible for certification under K.S.A. 1983 Supp. 74-5604a(a). However, boards of trustees of the state's community colleges have not been granted the authority to contract with lo̲c̲a̲l̲ law enforcement agencies to provide instruction on behalf of such agencies. Consequently, a local law enforcement agency training school cannot be conducted by a community college. Cited herein: K.S.A. 1983 Supp. 71-201, as amended by L. 1984, ch. 256, section 1; 74-5604a; 75-3099.

Download or read book Attorney General Opinion No 1984 040 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: In conformity with the provisions of K.S.A. 1983 Supp. 74-2113(e), as amended by Section 1 of 1984 Senate Bill No. 745, members of the Kansas Highway Patrol: 1. May be members of political clubs, but not officers of said clubs or members of a committee of such a club; 2. May not work as a volunteer for a partisan candidate, but may work as a volunteer for a non-partisan candidate for public office; 3. May put a political sign in their yards; 4. May place a candidate's bumper sticker on their personal automobiles; 5. May contribute money to a candidate's campaign committee, but may not engage in fund-raising activities for a partisan candidate; 6. May be a candidate in a nonpartisan contest for city council or school board; 7. May not be a partisan candidate for a political office, even if they take a leave of absence without pay prior to filing for the office, with the understanding they would either resign or come back to work once the outcome of the election is known; 8. May attend a political rally when on an off-duty status, provided the member does not engage in any prohibited activity at said rally. Cited herein: K.S.A. 1983 Supp. 74-2113, as amended by 1984 Senate Bill No. 745, 5 U.S.C.A. section 7324, U.S. Const., First Amend.

Download or read book Attorney General Opinion No 1984 115 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: K.S.A. 1983 Supp. 65-516, as amended by L. 1984, ch. 225, section 1, prohibits persons with felony convictions from working in a boarding home for children which is licensed by the secretary of health and environment. This prohibition includes felony convictions expunged pursuant to K.S.A. 1983 Supp. 21-4619, as amended by. L. 1984, ch. 39, section35. The expungement statute requires disclosure of such convictions by persons who apply for employment with a criminal justice agency, which includes a detention home for children which is operated by the city or county. Such detention homes are thus within the exception to the general rule that expungement allows an individual to be treated as if the conviction never occurred. Accordingly, persons who apply for employment at a boarding home for children which is also a criminal justice agency must disclose an expunged felony conviction, and so are precluded from employment at the detention home by the terms of K.S.A. 1983 Supp. 65-516, as amended. Cited herein: K.S.A. 1983 Supp. 21-4619, as amended by L. 1984, ch. 39, section 35; 22-4701; 65-503; 65-504, as amended by L. 1984, ch. 313, section 93; 65-516, as amended by L. 1984, ch. 225, section 1; 76-12a01.

Download or read book Attorney General Opinion No 1984 052 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: Territory may be added to a hospital district created under K.S.A. 80-21,101 e̲t̲ s̲e̲q̲., by means of the procedures set forth in K.S.A. 80-21,120. The statute, which was enacted in 1955, makes the attachment effective on March 1 following the entry of the county commission's order, with this date intended to reflect the day property was assessed for tax purposes. However, such date was changed in all taxation statutes in 1959 to January 1, with the general statute governing attachment of territory (K.S.A. 79-1807) amended at the same time to make attachments of territory effective as of December 31. In view of these subsequent amendments, that portion of K.S.A. 80-21,120 which refers to March 1 as the effective date of any attachment of territory has been repealed by implication, and the effective date is now that provided in K.S.A. 79-1807. Cited herein: K.S.A. 79-309, 79-1807, 80-21,120, 1984 House Bill No. 2003.

Download or read book Attorney General Opinion No 1984 080 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: County and city departments or agencies that exercise control over county and city-owned and managed property upon which blind vendors vending facilities are located are subject to the jurisdiction of the arbitration board established by K.S.A. 75-3341, as amended, in hearing appeals concerning alleged violations of K.S.A. 75-3337 e̲t̲ s̲e̲q̲. Cited herein: 'K.S.A. 75-3337, 75-3338, 75-3339, 75-3341, as amended by L. 1984, ch. 322, sec. 1, 75-3342, 75-3343, 20 U.S.C.A. section 107d-1.

Download or read book Attorney General Opinion No 1984 035 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: Pursuant to K.S.A. 40-103, the commissioner of insurance has authority to make all reasonable rules and regulations necessary to enforce the laws of this state relating to insurance. One such regulation, K.A.R. 40-1-20, prohibits the use of subrogation clauses in contracts of insurance which provide for reimbursement of medical, surgical, hospital or funeral expenses. While authorization for the promulgation of this rule and regulation is present in various statutes relating to insurance, the statutes cited in the regulation are not the statutes actually being implemented by the regulation. Accordingly, the rule and regulation is valid, but should be amended to correctly reflect the statutes being implemented. Cited herein: K.S.A. 40-103, 40-216, 40-287, 40-1110, 40-2201, 40-2203, 40-2204, 40-2208, 40-3113a, K.S.A. 1983 Supp. 44-504, 44-532, K.S.A. 60-217, K.S.A. 1983 Supp. 77-415, 77-416, K.A.R. 40-1-20.

Download or read book Attorney General Opinion No 1984 036 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: K.S.A. 15-104 provides that cities of the third class "shall be and remain a part of the corporate limits of the townships in which the same are situated." However, said statutory provision does not operate retroactively so as to effect the status of cities which had become separate townships pursuant to L. 1905, ch. 126, section 1, and such cities are not part of the corporate limits of the townships in which the same are situated. Cited herein: K.S.A. 15-104.