Download or read book Attorney General Opinion No 1984 070 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 phrase "a broker licensed pursuant to this act" found in K.S.A. 58-3040 makes reference to the entire Real Estate Brokers' and Salespersons' License Act (L. 1980, ch. 164) and not only to one section of that Act. Cited herein: K.S.A. 58-3039; 58-3040; 58-3062.
Download or read book Attorney General Opinion No 1985 070 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to K.S.A. 1984 Supp. 19-4611(a) and (d), the board of trustees of a county hospital may contract with a corporation for the lease and management of the facility. Under the terms of an agreement between the Scott County Hospital Board of Trustees and the Great Plains Health Alliance, Inc., an operating fund is maintained through the use of tax money derived from a county mill levy. Accordingly, such a fund contains "hospital moneys," as that term is defined by K.S.A. 1984 Supp. 19-4601(d). Under K.S.A. 1984 Supp. 19-4608(c), as amended, "hospital moneys" are deemed to be public moneys, and are subject to the pledging requirements of K.S.A. 1984 Supp. 9-1402, as amended. Therefore, moneys contained in the operating fund of Scott County Hospital are subject to the provisions of K.S.A. 1984 Supp. 9-1402 as amended. Cited herein: K.S.A. 1984 Supp. 9-1402, as amended by 1985 House Bill No. 2122; K.S.A. 9-1407; K.S.A. 1984 Supp. 19-4601; 19-4606; 19-4608, as amended by 1985 House Bill No. 2467; 19-4611.
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 008 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 provisions of subsections (c) and (d) of K.S.A. 1983 Supp. 77-426, which allow the legislature to reject, modify or revoke an administrative rule and regulation by means of the adoption of a concurrent resolution, are unconstitutional. Such action by the legislature is an unlawful usurpation of the governor's constitutional power to administer and enforce the laws. Such action violates the constitutional doctrine of separation of powers. In addition, the legislative oversight mechanism prescribed in subsections (c) and (d) of K.S.A. 1983 Supp. 77-426 is unconstitutional for the reason that it attempts to authorize the legislature to make law, without following the mandatory procedures of the Kansas Constitution. The Kansas constitution requires that any law be enacted only by bill [not by resolution or concurrent resolution]; that every bill contain the constitutionally-specified enacting clause; and that all bills passed by the legislature be presented to the governor for approval or disapproval. The procedure set forth in subsections (c) and (d) of K.S.A. 1983 Supp. 77-426 does not meet these constitutional requirements and is unconstitutional. Cited herein: K.S.A. 1983 Supp. 77-426; Kan. Const., Art. 2, sections 14, 20.
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 1987 070 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 statutory and regulatory scheme found in K.S.A. 1986 Supp. 55-609(c), 55-711(c) and K.A.R. 82-3-206 imposes an assessment to pay the conservation division expenses and administrative costs. Under this scheme the first purchaser pays the assessment and deducts it from payment of production to producers and royalty owners. Generally, as a matter of federal constitutional law, the federal government and Indian tribes are exempt from state taxation absent congressional consent. In our judgment there is implicit consent to tax the federal government in 30 U.S.C. sections 189 which authorizes a tax against a lessee of the federal government. This federal statute has been interpreted by the U.S. Supreme Court to authorize the tax against the lessee "as if the government were not concerned." There is also congressional authorization to tax the mineral interests of Indian tribes if the interests result from a lease issued to a non-Indian lessee pursuant to the 1924 Act found in 25 U.S.C. sections 398. However, this authorization does not exist in the Indian Mineral Leasing Act of 1938 found in 25 U.S.C. sections 396a. Therefore Indian mineral interests resulting from a lease issued to a non-Indian lessee pursuant to the 1924 Act are not exempt and those pursuant to the 1938 Act are exempt from the statutory and regulatory scheme in question. Cited herein: K.S.A. 1986 Supp. 55-609, 55-711, U.S. Const., Art. IV, sections 3, cl. 2; 30 U.S.C. sections 189, 25 U.S.C. sections 396a; 398.
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 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 Attorney General Opinion No 1981 070 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Under various programs established by credit unions for their respective members, whereby certain written instruments, payable either on or through a bank, are used by such members for the withdrawal of money from their credit union accounts, the making, drawing, issuing or delivering of any such instrument is embraced by K.S.A. 21-3707, the worthless check statute, in the event there are insufficient funds on deposit to cover such instrument. Cited herein: K.S.A. 21-3707, 84-3-102, 84-3-104, 84-3-120, R.S. 21-554.
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 032 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. 19-702 provides that it is the duty of the county attorney to prosecute all cases arising out of the criminal statutes of this state which arise in his or her county. If such a violation occurs, it is immaterial whether it takes place within or without the limits of any city located in the county, or whether the officer issuing the citation or making the arrest is an employee of the city or county. In any violation of a state criminal statute, it is the function of the county attorney to prosecute, and such prosecution may not be declined, or additional conditions attached (i̲.̲e̲.̲ payment of costs) on the grounds that the violation took place within the city. Cited herein: K.S.A. 1983 Supp. 8-1567, K.S.A. 12-4111, 12-4113, 19-702, 19-706b.
Download or read book Attorney General Opinion No 1984 060 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: No state statute prescribes a procedure whereby a city of the third class may change from the commission form of government to the mayor-council form of government. However, the governing body of such a city may, by ordinance adopted pursuant to home rule powers, prescribe that the city shall revert to the mayor-council form of government on the date of the next city election, and provide for the election of a mayor and five council members at that election. Cited herein: K.S.A. 12-184, 12-1019, 12-1027, 12-1035, 12-1036h, 12-10a09, 13-1812, 14-1807, 15-124, 15-1201, 15-1704, Kan. Const., Art. 12, section 5.
Download or read book Attorney General Opinion No 1984 067 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: No state statute proscribes a mandatory retirement age for current employees of unified school districts or community colleges. Thus, it is improper for a board of education or board of trustees to rely upon the mandatory retirement age provisions of K.S.A. 72-5512 or 74-4937 (Weeks, 1980, now repealed,) as the basis for not renewing the employment contract of a faculty member. Additionally, during the term of a negotiated agreement reached under the Teachers' Professional Negotiations Law, a board of education or board of trustees, acting unilaterally, may not make changes in any item which is mandatorily-negotiable, such as the matter of retirement. Moreover, this is true even though the item was not noticed for negotiation and was neither discussed during negotiations nor included in the resulting agreement. Cited herein: K.S.A. 72 -5413(l)(1), 72-5501(d), 72-5512, 74-4931, 74-4937 (Weeks, 1980, now repealed), K.S.A. 1983 Supp. 74-4937; L. 1983, ch. 254, section 15; L. 1971, ch. 232, section 1(d)(7); L. 1970, ch. 326; L. 1941, ch. 341.
Download or read book Attorney General Opinion No 1984 074 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: Section 3 of chapter 358 of the session laws of 1984 makes it unlawful for any person to sell or distribute smokeless tobacco to any person under the age of 18 years. Smokeless tobacco includes any tobacco product which is suitable for chewing, as defined by K.S.A. 79-3370. Unlike the cereal malt beverage laws at K.S.A. 41-2701 e̲t̲ s̲e̲q̲., the new act contains no prohibition on either the possession of smokeless tobacco by persons under the age of 18 or the dispensing by minors of such products. Accordingly, it is not a violation of the law for a retailer who sells such products to employ minors who assist in the handling or sale of smokeless tobacco. Cited herein: K.S.A. 41-2708, K.S.A. 1983 Supp. 41-2721, K.S.A. 79-3370, L. 1984, ch. 358.
Download or read book Attorney General Opinion No 1984 050 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 making recommendations as to the zoning of an individual parcel of land, a planning commission acts in a quasi-judicial, rather than a legislative, function. As such, its deliberations may be held in closed session, as a specific exception to the Kansas Open Meetings Law, K.S.A. 75-4317 e̲t̲ s̲e̲q̲. For purposes of the Open Meetings Law, "binding action" would occur when the commission votes to approve or deny a particular request, and would have to be done in an open meeting. Further, In that K.S.A. 12-708 requires the commission to adopt its recommendations by affirmative vote at the conclusion of the hearing, it is not possible to have a binding vote before such recommendations, in the form of specific findings, are prepared. Cited herein: K.S.A. 12-708, K.S.A. 1983 Supp. 75-4318, 75-4319.
Download or read book Attorney General Opinion No 1984 023 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. 8-1567 (c), (d) and (e) provide that a person convicted of a violation of the statute is not eligible for probation or suspension or reduction of sentence until the minimum time of imprisonment has been served. While the term "parole" is not specifically used, the statute must be construed to include parole within those actions which are not allowed before the minimum sentence is served. Cited herein: K.S.A. 1983 Supp. 8-1567, K.S.A. 12-4511.
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:
