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 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 037 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. 74-5005(j) and 74-5033 provide specific authority for the Secretary of Economic Development to enter into contracts to publicize information concerning the recreational, historic and natural advantages of the state. Thus, the Secretary of the Department of Economic Development has the power to enter into contracts to allow the dissemination of tourism information, v̲i̲a̲ computer terminal outlets at various locations in the state. Cited herein: K.S.A. 1983 Supp. 74-5005 and 74-5033.

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 104 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: Reserve police officers are not law enforcement officers but rather persons who assist law enforcement officers, and therefore fall within the general prohibition against carrying concealed firearms when off duty. K.S.A. 1983 Supp. 21-4201(1)(d). They may carry concealed firearms when on duty or during those hours they are actively engaged in assisting law enforcement officers. Cited herein: K.S.A. 19-805b, 21-3110, K.S.A. 1983 Supp. 21-4201, 74-5602.

Download or read book Attorney General Opinion No 1985 051 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: A community college may offer courses related to law enforcement which would satisfy the annual training requirement imposed on law enforcement officers by K.S.A. 1984 Supp. 74-5607a(b). Cited herein: K.S.A. 1984 Supp. 74-5604a; 74-5607a.

Download or read book Attorney General Opinion No 1984 062 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: Parking service officers at the University of Kansas who engage in traffic control as part of their duties are contained within the definition of police officer or law enforcement officer found at K.S.A. 1983 Supp. 74-5602(e), and so are covered by the training provisions of the Law Enforcement Training Center Act, K.S.A. 1983 Supp. 74-5601 e̲t̲ s̲e̲q̲. If such officers are employed by the University for 1,000 or more hours per year, they are full-time employees for the purposes of the act, despite performing traffic control as only a small part of their duties, and therefore must comply with the instructional requirements of the act for full-time employees. Cited herein: K.S.A. 8-1450, K.S.A. 1983 Supp. 74-5602, 74-5604a.

Download or read book Attorney General Opinion No 1985 027 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: Motor carrier inspectors are police officers or law enforcement officers within the meaning of K.S.A. 1984 Supp. 74-5602(e) if their duties include prevention or detection of crime and the enforcement of criminal or traffic laws. As law enforcement officers, motor carrier inspectors are subject to the training requirements of K.S.A. 1984 Supp. 74-5607a. Motor carrier inspectors whose duties do not include prevention or detection of crime and enforcement of criminal or traffic laws are not subject to the training requirements of K.S.A. 1984 Supp. 74-5607(a). Cited herein: K.S.A. 1984 Supp. 8-1910, K.S.A. 66-1318, K.S.A. 66-1319, K.S.A. 1984 Supp. 74-5602, 74-5607a.

Download or read book Attorney General Opinion No 1985 165 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: An ex-felon who has received a pardon from the governor of this or any other state for a criminal conviction is not qualified under the requirements of K.S.A. 1984 Supp. 74-5605 and 74-5607a to become a law enforcement officer in Kansas. Since the legal effect of a pardon is not to "wipe out" the previous conviction for all purposes, a person with such a conviction may not be considered for a position as deputy sheriff under the laws of the State of Kansas. In that the opportunity to serve as a law enforcement officer is a privilege, not a right, the state can require higher standards for professional positions than for other civil service positions. Thus, an ex-felon is automatically excluded from becoming an applicant for the law enforcement training course, because he does not meet the statute's basic requirement that there have been no prior convictions. A prior opinion which is inconsistent with this conclusion (VII Attorney General Opinions 946) is withdrawn. Cited herein: K.S.A. 22-3701; K.S.A. 1984 Supp. 74-5602, as amended by L. 1985, ch. 257, section 1; K.S.A. 1984 Supp. 74-5605; 74-5607a; Kan. Const., Art. 1, section 7.

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 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 1985 074 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: The Kansas Parentage Act, contained in 1985 House Bill No. 2012, amends K.S.A. 65-2422 to require that no information regarding the birth of a child shall be released in a manner which allows determination of the marital status of the parents. This amended statute may be read so as to be consistent with K.S.A. 65-2423, which allows adopted persons to obtain an original of their birth certificate upon demand once they obtain the age of 18. In any other circumstances, however, the intent of the legislature is to prevent access to such information, with this prohibition including those birth certificates filed in the past which contain questions regarding the legitimacy of the birth. Such certificates may be released only after the prohibited information is removed or obscured in such a way as to be unintelligible. Cited herein: K.S.A. 1984 Supp. 65-2409; K.S.A. 65-2422, as amended by 1985 House Bill 2021; K.S.A. 65-2423; K.A.R. 28-17-1.

Download or read book Attorney General Opinion No 1985 084 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: K.S.A. 1984 Supp. 74-5607a requires a Kansas law enforcement officer to complete a minimum of 40 hours of annual training as a requirement for continued employment. While Kansas statutes do not require the payment of compensation to an officer who takes such training during offduty hours, the federal Fair Labor Standards Act (FLSA) does contain such a requirement, and applies to those public agencies which have five or more employees who qualify as law enforcement officers. Cited herein: K.S.A. 1984 Supp. 74-5607a, K.A.R. 1984 Supp. 49-36-1; 29 U.S.C.A. sections 206, 207, 213; 29 C.F.R. sections 553.4, 553.7.

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 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 1985 007 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: K.S.A. 1984 Supp 8-1341a provides that speeding convictions for traveling not more than 10 miles per hour in excess of the 55 miles per hour speed limit shall not be part of the public record and shall not be considered by any insurance company in establishing rates for an automobile liability insurance policy or cancelling such coverage. However, the statute does not have the effect of closing any other records concerning arrests, issuance of citations or judicial proceedings. While K.S.A. 1984 Supp. 74-2012(b)(1) and (2) permit the release of information by the division of vehicles or a law enforcement agency to insurers who are processing applications for, or renewing or cancelling, motor vehicle liability insurance policies, such a release involves only information in the public record. As information concerning the convictions specified in K.S.A. 1984 Supp. 8-1341a is not part of the public record, it is not subject to being released under the provisions of K.S.A. 1984 Supp. 74-2012. Cited herein: K.S.A. 8-1001, K.S.A. 1984 Supp. 8-1341a, 21-3914, 45-217, 45-221, 74-2012.

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).