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 1986 138 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: Under its police power, a state may reimburse itself for the cost of regulating and supervising a business by assessing the necessary expenses to the business which created the necessity for such regulation and supervision. Use of conservation fee fund monies for the prevention and cleanup of pollution from oil and gas activities regulated by the state corporation commission is sufficiently related to the regulatory function to make its use for such purposes a valid exercise of the police power. The conservation fee fund may be used to fund the study and cleanup of oil and gas pollution pursuant to section 37 of 1986 House Bill No. 3078 (K.S.A. 55-143, as amended by 1986, ch. 201, section 37), to the extent that such study and cleanup are reasonably related to those activities of the oil and gas industry which are regulated by the commission. Use of the conservation fee fund by the state corporation commission for those oil and gas activities it does not regulate (as authorized by K.S.A. 55-143, as amended by L. 1986, ch. 201, section 37, which references subsection (a)(2)(A)-of K.S.A. 65-171d, as amended by L. 1986, ch. 201. section 22), is contrary to the findings of the Kansas Supreme Court in P̲a̲n̲h̲a̲n̲d̲l̲e̲ ̲E̲a̲s̲t̲e̲r̲n̲ ̲P̲i̲p̲e̲l̲i̲n̲e̲ ̲v̲.̲ ̲F̲a̲d̲e̲l̲e̲y̲. Such use exacts revenue from the oil and gas industry under the guise of a regulatory fee in violation of article 11, section 1 of the Kansas Constitution, and the commerce clause and the Fourteenth Amendment of the United State Constitution. Cited herein: Kans. Const., Art. 11, section 1; U.S. Const., Fourteenth Amendment; K.S.A. 55-131; 55-143; 65-171d, as amended by L. 1986, ch. 33, section 10(f); L. 1986, ch. 201, sections 1, 2, 10, 17, 22, 28, 37, 39 and 40; and K.A.R. 28-41-1.

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 1986 148 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: A search warrant maybe issued by a district magistrate judge upon the sworn oral or written statement of a city attorney. Municipal law enforcement officers may execute such warrant, and property seized pursuant to the warrant may be admissible as evidence in a municipal court. However, K.S.A. 1985 Supp. 8-1001(f) precludes the use of a search warrant to obtain a blood sample from a person who has refused to submit to a blood, breath or urine test pursuant to that statute. An ordinance authorizing such procedure would be in conflict with the state statute prohibiting further testing after an informed refusal. Cited herein: K.S.A. 1985 Supp. 8-1001, as amended by L. 1986, ch. 40, section 2; K.S.A. 1985 Supp. 8-1005, as amended by L. 1986, ch. 41, section 1; K.S.A. 1985 Supp. 8-1567(m); K.S.A. 12-4504; K.S.A. 1985 Supp. 22-2202, as amended by L. 1986, ch. 133, section 1; K.S.A. 22-2502; 22-2503; 22-2507; L. 1986, ch. 40, section 1.

Download or read book Attorney General Opinion No 1986 020 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: A state or national bank which receives a deposit of state moneys is required to secure the account by a pledge of securities. K.S.A. 1985 Supp. 75-4218. Direct obligations of the United States government or its agencies are qualified securities, as are obligations insured as to principal and interest by the United States government or one of its agencies. K.S.A. 75-4201(p)(1). Cited herein: K.S.A. 75-4201; K.S.A. 1985 Supp. 75-4218; K.S.A. 75-4221; 7 U.S.C. sections 1981; 1988; 12 U.S.C. sections 1435; 1455; 1717; 1719; 1721; 15 U.S.C. sections 633; 634; 16 U.S.C. sections 831n-1; 831n-3; 831n-4; 31 U.S.C. section 3123; 42 U.S.C. sections 3534; 4514.

Download or read book Attorney General Opinion No 1986 126 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: Because the 1986 repeal of the prohibition of diversion for drivers having a blood-alcohol concentration of .20 or higher is remedial legislation, it is to be given retrospective effect. In determining whether diversion is in the interests of justice and the community, the factors to be considered by the city prosecutor are not affected by L. 1986, ch. 185, section 1. Cited herein: K.S.A. 12-4414; K.S.A. 1985 Supp. 12-4415(b)(3), as amended by L. 1986, ch. 185, section 1.

Download or read book Attorney General Opinion No 1986 128 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 amendment of Article 10, Section 1 of the Kansas Constitution to retain the current apportionment of the Kansas House of Representatives for the 1990 general election would violate the Equal Protection Clause of the U.S. Constitution. Cited herein: Kan. Const., Art. 10, section 1; U.S. Const., 14th Amendment.

Download or read book Attorney General Opinion No 1986 133 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: K.S.A. 1985 Supp. 75-4318(b)(1) provides that if a request for notice of meetings subject to the Kansas Open Meetings Act (KOMA) is made by petition, notice is required to be given only to a designated person. We conclude that the request for notice submitted for our opinion constitutes a petition for purposes of the KOMA. Individual notice, therefore, is not required to be given to each person on the list. If individual requests for notice are made, however, notice must be given either in writing or by telephone to each person. We note that, if a public body has regularly scheduled meetings, the notice requirement is met by providing a single notice containing a list of such meetings. Additional notice must be given, however, of any changes or special meetings. Under the open meetings law a distinction is made between the requirements concerning notice and agenda. While notice must be f̲u̲r̲n̲i̲s̲h̲e̲d̲ to the person requesting it, K.S.A. 1985 Supp. 75-4318(b), an agenda must be m̲a̲d̲e̲ ̲a̲v̲a̲i̲l̲a̲b̲l̲e̲ to the requester if one is prepared, K.S.A. 1985 Supp. 75-4318(d). We affirm our previous opinion, No. 79-218, that a public body is not required to mail copies of an agenda if it can be obtained at a public place. Cited herein: K.S.A. 25-3601; 72-8801; 75-4317; K.S.A. 1985 Supp. 75-4318.

Download or read book Attorney General Opinion No 1986 067 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: As receiver of a failed state bank, the FDIC is liable for the personal property taxes that were due and owning at the time the state bank failed. Cited herein: K.S.A. 1985 Supp. 9-1906; K.S.A. 9-1907; 11 U.S.C. section 503(b)(1)(B); section 507(a)(1).

Download or read book Opinions of the Attorney General of California written by California. Office of the Attorney General and published by . This book was released on 1950 with total page 392 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Attorney General Opinion No 1986 064 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 Board of Pharmacy does not have authority to promulgate a regulation mandating patient profile records as the proposed regulation goes beyond the statutory authority conferred on the agency. Cited herein: K.S.A. 65-1627; 65-1630; 65-1637; 65-1642; 65-1643; 74-1603; K.A.R. 68-2-21 (proposed to take effect May 1, 1986).

Download or read book Attorney General Opinion No 1986 149 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: K.S.A. 1985 Supp. 44-508, as amended by L. 1986, ch. 189, section 1, broadens the definition of "employer," and "workman, employee or worker" for purposes of community service work. This amendment to the Workmen's Compensation Act allows offenders sentenced or assigned to community service work to be covered by workers' compensation, during the time they are performing community service work, if the entity(ies) receiving or assigning such work so elect(s). In that K.S.A. 1985 Supp. 44-508, as amended, specifically includes persons performing community service work within the definition of "workman, employee or worker," we withdraw Attorney General Opinion No. 82-213, which concluded such a person is not a workman, employee or worker under the terms of the Workmen's Compensation Act prior to the amendment. Cited herein: K.S.A. 44-501 e̲t̲ s̲e̲q̲.; K.S.A. 1985 Supp. 44-508, as amended by L. 1986, ch. 189, section 1; Supplemental Note on House Bill No. 2891.

Download or read book Attorney General Opinion No 1986 044 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: Terms of teachers' contracts which are mandatorily negotiable are listed in K.S.A. 72-5413(1). Other matters are permissively negotiable if the parties agree they are properly related to professional service, the parties are willing to negotiate, and the matter is not controlled by statute. Pursuant to K.S.A. 72-5437, a teacher must give timely notice of his intent not to return the following school year. Accordingly, the date by which a teacher must notify the board of education of his decision not to continue is not negotiable and cannot be modified by contract. Cited herein: K.S.A. 72-5411; 72-5413(1); 72-5414; 72-5437.

Download or read book Attorney General Opinion No 1986 162 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: K.S.A. 75-4319(b)(2) authorizes public bodies subject to the Kansas Open Meetings Act (KOMA) to recess into an executive session for the purpose of "consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship ..." The term "consultation" as used in the KOMA necessarily implies the presence of an attorney. Even though a letter from an attorney to his client containing advice is a privileged communication, we must conclude that members of a public body cannot recess into an executive session to review and discuss among themselves a letter from their attorney. Therefore, it is our opinion that the "consultation with an attorney" exception to the open meetings law cannot be invoked unless the attorney for the body is present. Cited herein: K.S.A. 60-426; 75-4317; K.S.A. 1985 Supp. 75-4318(a); K.S.A. 75-4319.

Download or read book Attorney General Opinion No 1986 021 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 power given to a board of county commissioners under K.S.A. 19-2601 to fix the days and hours which county offices are open does not extend to authority over the district court. Under Article 3, section 1 of the Kansas Constitution, and K.S.A. 20-101, the Supreme Court of Kansas has general administrative authority over all courts in Kansas. Thus, it is the state supreme court, not the county, which has the authority to determine the hours and holidays which each district court will observe. Accordingly, if the district court does not close its offices on a day which the county observes as a legal holiday, the county must make arrangements to keep the county courthouse open for district court business. Furthermore, the observance of a legal holiday by either the district court or the county offices will not invalidate judicial or official acts performed on that day by the other government entity. Cited herein: K.S.A. 1985 Supp. 19-101a; K.S.A. 19-104; 19-2601; 20-101; 20-342; Kansas Const., Art. 3, section 1.

Download or read book Attorney General Opinion No 1986 125 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: It is our opinion that advanced registered nurse practitioners may not issue prescription orders pursuant to a physician's standing orders or protocol because they have not been granted such authority by the statutes and regulations under which they are licensed. Physicians' assistants, however, are expressly authorized to practice medicine under the direction and supervision of a physician. Since the practice of medicine includes the act of prescribing medicine, we conclude that physicians' assistants may issue prescription orders under the direction and supervision of a physician. Cited herein: K.S.A. 65-1113(d), (g); 65-1626(t), (x), as amended by L. 1986, ch. 236, section 1; 65-2869(b); 65-2896e; 65-2897a(a), (c); K.A.R. 1985 Supp. 60-11-104; 60-11-105; 60-11-106.

Download or read book Attorney General Opinion No 1986 025 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: A licensed dealer in motor vehicles may also be licensed to act as a broker for such vehicles, and solicit sales for vehicles delivered to him on consignment. Such a broker is accordingly a supplier under the Kansas Consumer Protection Act (KCPA), K.S.A. 50-623 e̲t̲ s̲e̲q̲., and any sale which he solicits is subject to the act. An implied warranty of merchantability attaches to the sale of any good when the seller is a merchant in goods of that kind, pursuant to the uniform Commercial Code, K.S.A. 84-2-104, 84-2-314. If the sale is also a consumer transaction under the KCPA, such implied warranty cannot be disclaimed. Therefore, the implied warranty of merchantability may not be disclaimed by a broker of motor vehicles, and any label or sticker which is required to be displayed by the Federal Trade Commission must reflect the existence of the warranty, and may not identify the transaction as an "As Is" sale. Cited herein: K.S.A. 50-623; 50-624; 50-627; 50-639; 84-2-104; 84-2-314; 84-2-316; L. 1976, ch. 236, section 1; 16 C.F.R. section 455.