Download or read book Attorney General Opinion No 1986 005 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: Reports prepared by a district coroner or deputy district coroner pursuant to K.S.A. 19-1032 are public records open to inspection by any person under the Open Records Act, K.S.A. 1984 Supp. 44-215 e̲t̲ s̲e̲q̲. Cited herein: K.S.A. 19-1026; 19-1032; 19-1033; 19-1034; 22-4701; K.S.A. 1984 Supp. 45-216; 45-217; 45-221.

Download or read book Attorney General Opinion No 1987 005 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: Under the provisions of K.S.A. 1986 Supp. 79-213, the Board of Tax Appeals is authorized to examine the legal and factual basis of an economic development tax exemption granted pursuant to Article 11, Section 13 of the Kansas Constitution. However, the Board has no authority to review the advisability of granting a proposed exemption, as that policy decision has been delegated to the governing body of the city or county by Article 11, Section 13 of the Kansas Constitution. Cited herein: K.S.A. 1986 Supp. 79-213; Kan. Const., Art. 11, section 13.

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 130 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. 21-4602, as amended by L. 1986, ch. 123, provides that the court retains jurisdiction over a person assigned to community corrections. Cited herein: K.S.A. 1985 Supp. 21-4602, as amended by L. 1986, ch. 123, section 5.

Download or read book Attorney General Opinion No 1986 090 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: An ordinance which authorizes a local human relations commission to award compensatory and punitive damages in a discrimination case is incidental to effectuation of a public purpose, i.̲e̲.̲ the elimination of discrimination within a community, and constitutes a valid exercise of city home rule powers. While a local human relations commission lacks standing in district court to enforce such an award, a victim of discrimination may file suit for enforcement in district court. Cited herein: K.S.A. 1985 Supp. 44-1005; K.S.A. 44-1011; 60-217; K.S.A. 1985 Supp. 60-2101(d); Kan. Const., Art. 12, section 5.

Download or read book Attorney General Opinion No 1986 055 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 county may not exempt itself by charter resolution from limitations imposed by K.S.A. 1985 Supp. 19-1322, subsection (a), which establishes limits on the tax the clerk of the district court shall impose as a filing fee for the benefit of the county law library. Such resolution would violate the limitation placed on the home rule powers a county is authorized to exercise under K.S.A. 1985 Supp. 19-101a, subsection (a)(3), that "counties may not affect the courts located therein." Cited herein: K.S.A. 19-101; K.S.A. 1985 Supp. 19-101a; K.S.A. 19-1310; K.S.A. 1985 Supp. 19-1322; K.S.A. 20-101; Kan. Const., Art. 3, section 1; Art. 12, section 5.

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 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:

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 Attorney General Opinion No 1986 140 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. 12-1904, as amended, authorizes a school district to establish, maintain and conduct a supervised recreation system and to levy an annual tax not to exceed one mill for such recreation system. Under K.S.A. 1985 Supp. 12-1908, as amended, if the recreation commission determines that its budget should be increased to adequately meet the needs of the school district, the school board may levy an additional 1 mill for this purpose. Furthermore, if a taxing subdivision creates and establishes an employee benefits contribution fund under K.S.A. 1985 Supp. 12-16,102, the governing body of the taxing subdivision may levy an annual tax upon all taxable tangible property within the taxing subdivision in an amount determined by the governing body to be necessary for the purposes for which such employee benefits contribution fund was created. This levy is in addition to the 2 mill levy limit imposed by K.S.A. 12-1904 and K.S.A. 1985 Supp. 12-1908. Under K.S.A. 72-8801 e̲t̲ s̲e̲q̲., a recreation commission is authorized, through the school board, to maintain a capital outlay fund as long as the school board adheres to the statutory guidelines for such a fund set forth in the aforementioned statutes. Cited herein: K.S.A. 1985 Supp. 12-16,102; K.S.A. 12-1904, as amended by L. 1986, ch. 80, section 2; K.S.A. 1985 Supp. 12-1908, as amended by L. 1986, ch. 80, section 4; K.S.A. 72-8801; 72-8803; 72-8804; 74-4920, as amended by L. 1986, ch. 294, section 5.

Download or read book Attorney General Opinion No 1986 059 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: Kansas laws pertaining to driving under the influence of alcohol allow conviction when the accused's blood or breath alcohol test (BAT) registers less than .10 as long as other supporting evidence is available. A conviction under a similar statute in another state may be considered for sentencing purposes. Cited herein: K.S.A. 1985 Supp. 8-1005; 8-1567.

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 115 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: Discounts for cash purchases offered by oil companies are not proscribed by L. 1986, ch. 90, section 2 when such discounts are offered to all prospective buyers, the availability of the discount is clearly and conspicuously disclosed and the discount is subtracted from the regular price. Cited herein: 15 U.S.C. section 1666f(b) (1982); K.S.A. 16a-1-101(2); 16a-1-102; K.S.A. 1985 Supp. 16a-2-401, as amended by L. 1986, ch. 90, section 2.

Download or read book Attorney General Opinion No 1986 145 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 Uniform Vital Statistics Act neither prohibits nor authorizes the transfer of certain data by the office of vital statistics to the Department of Revenue. The Secretary of the Department of Health and Environment may promulgate regulations, subject to the provisions of the act, authorizing release of such information. Cited herein: K.S.A. 65-2401 e̲t̲ s̲e̲q̲., 65-2402, 65-2422.

Download or read book Attorney General Opinion No 1986 165 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 Secretary of Administration has the authority to enter into an agreement with a non-profit corporation whereby that corporation, at its own expense, will plan and construct a Fountain of Justice, dependent upon the Secretary's approval, on state-owned property. The Secretary may further agree to maintain such fountain, provided the agreement complies with relevant budget laws. Cited herein: K.S.A. 75-1203; 75-1254, as amended by L. 1986, ch. 317, section 1; K.S.A. 75-2236; K.S.A. 1985 Supp. 75-3717; K.S.A. 75-3741; 75-3762; 75-3763; 75-3764.

Download or read book Attorney General Opinion No 1986 041 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 director of a rural water district may be employed by the district in a position which does not involve an exercise of the sovereign power of the district. Neither K.S.A. 75-4304, relating to conflicts of interests, nor the common law doctrine of incompatibility of offices would preclude such employment. Cited herein K.S.A. 75-4303a; 75-4304.

Download or read book Attorney General Opinion No 1986 121 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. 19-202 requires each member of the board of county commissioners to be a qualified elector and a resident of the district within the county that he or she represents. Such residency requirement is a continuing, as well as a preliminary qualification for the office. Accordingly, the office of county commissioner automatically becomes vacant upon the commissioner's moving to another commissioner district, even if his or her new residence is still located within the county in which said commissioner was elected to serve. Furthermore, a board of county commissioners has the authority to rearrange its commissioner districts by county resolution, as long as the commissioners comply with the broad guidelines for redistricting contained in K.S.A. 19-204 and Kansas case law. The statute requires the board of commissioners to divide the county into commissioner districts which are "as compact and equal in population as possible." Additionally, the Kansas Supreme Court has imposed the requirement that the integrity of the boundaries of voting precincts be maintained. Absent an intentional abuse of discretion, if a county adheres to these guidelines in rearranging its county commissioner districts, the commissioners may re-draw the commissioner district boundary lines as they see fit. Cited herein: K.S.A. 19-202; 19-204; 19-2608, repealed, L. 1976, ch. 129, section 1; K.S.A. 1985 Supp. 77-201, as amended by L. 1986, ch. 211, section 39; Gen. Stat. 1915, section 2539; Kan. Const., Art. 4, section 2; Art. 5, section 1.