Download or read book Attorney General Opinion No 1987 164 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: Pursuant to sovereign power and the Bureau of Prisons Act, 18 U.S.C.S. section 4001 e̲t̲ s̲e̲q̲., federal authorities maiy locate a federal correctional institution wherever the federal statutes authorize, provided constitutional procedures regarding takings are followed. A countywide election is not a required prerequisite to locating a federal correctional institute in the county, but a board of county commissioners may exercise home rule powers granted by K.S.A. 1986 Supp. 19-101a and hold an advisory election to determine public sentiment. Pursuant to K.S.A. 12-101 S̲e̲c̲o̲n̲d̲, and K.S.A. 19-101 S̲e̲c̲o̲n̲d̲, county and city officials may purchase real estate for the beneficial use of the city or county if funds used for the purchase were levied for such purpose. Similarly, K.S.A. 12-101 T̲h̲i̲r̲d̲ and K.S.A. 19-101 T̲h̲i̲r̲d̲ allow the governing body of a city or county to convey real property provided the sale or disposal of the property is deemed conducive to the interests of the inhabitants of the city of county. K.S.A. 1986 Supp. 19-211 as amended limits the board of county commissioners' power to dispose of real property, but the 1985 amendment to this statute makes it non-uniformly applicable and therefore subject to home rule. Pratt city or county officials may make a cash grant to the federal government provided such a grant serves a public purpose which benefits the inhabitants and the funds used for such a grant are not derived from levies or assessments made for other purposes. Cited herein: K.S.A. 12-101 S̲e̲c̲o̲n̲d̲, T̲h̲i̲r̲d̲, 12-1201, 12-1740; 19-101 S̲e̲c̲o̲n̲d̲, T̲h̲i̲r̲d̲; K.S.A. 1986 Supp. 19-101a; K.S.A. 19-101b, as amended by L. 1987, ch. 100, section 1; K.S.A. 1986 Supp. 19-211, as amended by L. 1987, ch. 96, section 1; 19-4101 e̲t̲ s̲e̲q̲., 18 U.S.C. section 4001 e̲t̲ s̲e̲q̲.

Download or read book Attorney General Opinion No 1988 014 written by Robert T. Stephan and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to K.S.A. 1987 Supp. 19-101a(20), counties may not exempt or change the provisions contained in K.S.A. 1987 Supp. 19-211. Pertinent language of Attorney General Opinion No. 87-164 is amended so as to be consistent with this rule. Cited herein: K.S.A. 1987 Supp. 19-101a(20); 19-211.

Download or read book Attorney General Opinion No 1987 158 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: Although the intent of 1985 Senate Bill No. 164 is to prevent increases in 1989 property taxes as a result of using higher reappraised values, the bill does not prevent political subdivisions from padding their budgets in anticipation of the impending tax lid. Cited herein: K.S.A. 79-1945 e̲t̲ s̲e̲q̲.; 79-2925 e̲t̲ s̲e̲q̲.; 79-5001 e̲t̲ s̲e̲q̲.; K.S.A. 1986 Supp. 79-5021; 79-5022; 79-5028; 79-5029; 79-5030; 79-5033; 79-5036; 1985 Senate Bill No. 164.

Download or read book Attorney General Opinion No 1987 121 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: K.S.A. 20-105 provides that to be qualified to hold the office of justice of the supreme court or judge of the court of appeals, a person must have been regularly admitted to practice law in Kansas and have engaged in the active and continuous practice of law for a period of at least ten years prior to the date of appointment as justice or judge. Though the strict definition of "active practice" would require that the legal activities of the person in question be pursued on a full-time basis and constitute his regular business, the general rule that statutory provisions imposing qualifications for office should be construed in favor of those seeking to hold office would serve to soften this requirement. Thus, a potential nominee need not be a full-time trial attorney to be considered as actively engaged in the practice of law, and is not automatically disqualified merely for holding a position which does not require legal expertise. Cited herein: K.S.A. 20-105; 20-3002; K.S.A. 1986 Supp. 22-3707.

Download or read book Attorney General Opinion No 1987 130 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: Although a permit term or condition is not considered a "provision of the act" under K.S.A. 65-171t, and thus an action may not be brought pursuant to that section, injunctive relief may be sought through the broad powers granted to the secretary under K.S.A. 65-101. K.S.A. 65-170b grants broad authority to KDHE representatives to make inspections of records relating to a permitted facility to determine compliance with statutory and regulatory provisions relating to water pollution or public water supply. K.S.A. 65-171b does not provide for an override of the thirty day notice period provided by K.S.A. 65-165, but the same result may be achieved through injunctive relief. K.S.A. 60-224(b)(2) provides for permissive intervention when an applicant has a claim or defense with a question of law or of fact in common with the main action. "Sewage," as defined by K.S.A. 1986 Supp. 65-164 would include wastes with elevated temperatures, as long as they are "from domestic, manufacturing or other forms of industry." Cited herein: K.S.A. 60-224(b)(2); K.S.A. 65-101; K.S.A. 1986 Supp. 65-164; K.S.A. 65-165; 65-170b; 65-171b; K.S.A. 1986 Supp. 65-171d; K.S.A. 65-171t.

Download or read book Attorney General Opinion No 1981 164 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: Neither the provisions of K.S.A. 1980 Supp. 19-1803, nor the common law doctrine of incompatibility of offices, precludes a person from concurrently serving on the board of trustees of a county hospital and on the board of education of a local school district. Cited herein: K.S.A. 1980 Supp. 19-1803.

Download or read book Attorney General Opinion No 1987 045 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 mere fact that two members of a five-member city council in a city of the third class are married to each other does not violate the open meetings law or any other Kansas statute. Cited herein: K.S.A. 12-3002; 13-2903; 15-101; 15-106; 15-201; 15-209; 75-4317; 75-4317a; K.S.A. 1986 Supp. 75-4318.

Download or read book Attorney General Opinion No 1988 164 written by Robert T. Stephan and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 58-3924 does not by its terms mandate the disclosure of confidential vital statistic information to the state treasurer. However, K.S.A. 1987 Supp. 65-2422(a) and (e) allow the Secretary of the Kansas Department of Health and Environment (KDHE) to promulgate regulations, containing the mandated safeguards, authorizing the transfer of such vital statistic information to the state treasurer. To date, the secretary has not adopted such a regulation. Pursuant to K.S.A. 65-2418, the legislature has provided the secretary of KDHE with the authority and discretion to charge a fee for the transfer of vital statistic information. K.A.R. 28-17-6 implements that authority and sets forth the fees for such transfers. Unless the secretary of KDHE promulgates a specific exemption or has previously interpreted K.A.R. 28-17-6 to allow fees to be waived, the state treasurer must pay the fees set forth in that regulation. Should the state treasurer obtain vital statistic information, the limitations contained in the enabling authority protect the information from all uses not connected with the purposes for which it was obtained. Cited herein: K.S.A. 58-3901; 58-3920; 58-3921, as amended by L. 1988, ch. 356, section 179; K.S.A. 1987 Supp. 58-3922; K.S.A. 58-3924; 65-2401; 65-2418; K.S.A. 1987 Supp. 65-2422; K.S.A. 75-3701; K.A.R. 28-17-6; 28-17-7.

Download or read book Attorney General Opinion No 1987 065 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 Article 3, section 5 of the Kansas Constitution, no member of the Supreme Court Nominating Commission shall, while he or she is a member, hold any other "public office" by appointment. The term "public office" refers to the common-law concept of a public office, and except where the office of city attorney has been stripped of all prosecutorial and other sovereign power (through the exercise of home rule powers), a city attorney holds a public office. Cited herein: Kan. Const., Article 3, section 5.

Download or read book Attorney General Opinion No 1987 023 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: Since it is the client's intent which governs the distinction between privileged and non-privileged communications, a determination of whether or not information exchanged between attorney and client is privileged requires a case-by-case consideration. To ensure compliance with the dictates of Canon 4 of the Code of Professional Responsibility and K.S.A. 60-426, when a supervising agency requests that an attorney release particular client information for enumerative or evaluative purposes, the attorney may either obtain the client's consent to do so, or, if the client refuses, compile the requested data in a less intrusive manner. If, however, the agency requests the data for purposes of determining a client's financial eligibility onto satisfy funding requirements, the exception to the privilege under DR-4-101(C)(4) would apply, making the aforementioned precautions unnecessary. Cited herein: K.S.A. 45-217; 45-221; 60-426; K.S.A. 1986 Supp. 20-3100, Supreme Court Rule No. 225, D.R. 4-101.

Download or read book Attorney General Opinion No 1987 126 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: Medical costs incurred by an indigent offender before or at the time of arrest are to be borne by the county if the offender is subsequently charged with a violation of state law.

Download or read book Attorney General Opinion No 1987 104 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: Written instruments representing liens arising pursuant to the provisions of CERCLA, 42 U.S.C.S. section 9601 e̲t̲ s̲e̲q̲., or ERISA, 29 U.S.C.S. section 1001 e̲t̲ s̲e̲q̲., which are properly proved or acknowledged and certified are entitled to recording by the register of deeds in the county in which the real property affected by the instrument is located. Such instruments which do not meet these initial filing requirements should be filed in the office of the clerk of the United States District Court for the district in which the real property is located. The filing fees prescribed by K.S.A. 28-115 are appropriate for the filing of such instruments, and the instruments should be filed so as to provide notice to third parties. Cited herein: K.S.A. 28-115; 58-2221; 79-2601; 79-2607; 79-2608; 26 U.S.C.S. section 6323; 29 U.S.C.S. sections 1001, 1362, 1363, 1364, 1368; 42 U.S.C.S. sections 9601, 9607.

Download or read book Attorney General Opinion No 1987 174 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 intent of L. 1987, ch. 215 is to encourage individuals to serve as volunteers for certain nonprofit organizations by granting to the volunteer immunity from liability for negligent acts or omissions. There are limitations to this immunity. For the act to apply, the organization must carry general liability insurance which will pay on behalf of the insured when an individual suffers loss for which the insured is liable. The exact amount and type of insurance required is to be determined in light of the exposure to liability which arises out of the organization's activities. Cited herein: L. 1987, ch. 215, sec. 1 (to be codified at K.S.A. 1987 Supp. 60-3601).

Download or read book Attorney General Opinion No 1987 083 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: Pursuant to the provisions of K.S.A. 19-3548, a city and a public wholesale water supply district may enter into a water purchase contract for a term of forty years and any such contract may include an agreement for the purchase of water not actually received. Such a contract does not violate the cash-basis law (K.S.A. 10-1101 e̲t̲ s̲e̲q̲.), and the obligation of a city thereunder is payable solely from the revenues produced by the city's water system. Cited herein: K.S.A. 10-1101; 10-1116; 10-1116b; 19-3545; 19-3546; 19-3548.

Download or read book Attorney General Opinion No 1987 013 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: District attorneys and their agents are state employees for purposes of the Kansas Tort Claims Act. Cited herein: K.S.A. 22a-101, 22a-106, 25-2505, 75-6101, 75-6102.

Download or read book Attorney General Opinion No 1985 164 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. 38-1523 gives the Department of Social and Rehabilitation Services (SRS) and certain law enforcement agencies authority to investigate reports of suspected child abuse or neglect, and to interview children on school premises pursuant to such investigations. That statute does not give school officials the right to be present at interviews conducted on school premises. Similarly, L. 1985, ch. 112, section 1, which allows for the prerecording of a child's statement, does not prohibit the making of such recordings during the course of interviews conducted on school premises. The thrust of both K.S.A. 1984 Supp. 38-1523 and L. 1985, ch. 112, section 1 is to require the schools, SRS and law enforcement to cooperate with one another in doing what is in the best interests of the child. Cited herein: K.S.A. 1984 Supp. 38-1507, as amended by L. 1985, ch. 145, section 1; K.S.A. 1984 Supp. 38-1508; 38-1523; L. 1985, ch. 112, section 1.

Download or read book Attorney General Opinion No 1987 093 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: In Kansas, title by adverse possession cannot be invoked against a governmental subdivision of the state by a private individual.