Download or read book Attorney General Opinion No 1990 029 written by Robert T. Stephan and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Members of a credit union's board of directors, credit committee or supervisory committee may not be compensated for performing duties in such capacities, however reimbursement for incidental expenses may be paid as authorized by statute. Directors and committee members who are bona fide employees performing duties separate and apart from those prescribed by statute for directors and committee members may be compensated for their services. Cited herein: K.S.A. 17-2209; 17-2210; K.S.A. 1989 Supp. 17-2211.

Download or read book Attorney General Opinion No 1991 029 written by Robert T. Stephan and published by . This book was released on 1991 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 1990 Supp. 41-710(c)(1) prohibits initial licensure of a retail liquor store the premises of which are located within 200 feet of a school or church. The distance should be measured in a straight line from the building sought to be licensed as a retail liquor establishment to the nearest property line of any neighboring school. In the case of churches, the distance should be measured in a straight line from the actual church building to the building sought to be licensed. This distinction is based on the regulatory definition of "church" as a building; the term "school" is not defined. Cited herein: K.S.A. 1990 Supp. 41-710, K.A.R. 14-3-2; 14-13-1; 14-3-2.

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 1992 029 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The present assault and battery statutes are not adequate to prosecute an HIV infected individual who engages in conduct defined in 42 U.S.C.S. section 300ff-47. Senate Bill No. 287 with its proposed amendments would allow such a prosecution. Senate Bill No. 358 which redefines the crime of battery, combined with the criminal attempt statute when appropriate, may permit such a prosecution. Cited herein: K.S.A. 21-3301; 21-3408; 21-3412; 21-3414; 42 U.S.C.S. section 300ff-41; 42 U.S.C.S. section 300ff-47.

Download or read book Attorney General Opinion No 1993 029 written by Robert T. Stephan and published by . This book was released on 1993 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: It is our opinion that the offices of councilperson for a city of the second class and trustee for the city hospital are incompatible. The common law doctrine of incompatibility of offices precludes a person from concurrently serving in both offices. Cited herein: K.S.A. 14-109; 14-204; 14-205; 14-601; 14-604; 14-605; 14-606; K.S.A. 14-602 (Weeks 1935).

Download or read book Attorney General Opinion No 1990 014 written by Robert T. Stephan and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Memoranda written by school board staff and wherein opinions are expressed or policies and actions are proposed are not public records which must mandatorily be disclosed unless such memoranda are publicly cited or identified in an open meeting or in an agenda to an open meeting. Such citation or identification subjects the memoranda to mandatory disclosure, unless otherwise specifically prohibited by law. However, even if such citation or identification does not occur, unless information contained in the memoranda is specifically prohibited or restricted from disclosure by federal law, state statute or rule of the Kansas supreme court, it may nevertheless be discretionarily disclosed by the public agency. Cited herein: 20 U.S.C. section 1232g; K.S.A. 45-215; K.S.A. 1989 Supp. 45-221; K.S.A. 72-9005.

Download or read book Attorney General Opinion No 1990 084 written by Robert T. Stephan and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Where there has been a violation of the common law rule cited in Attorney General Opinion No. 90-59, both resignations and reappointments should be considered a nullity. Cited herein: K.S.A. 1989 Supp. 13-1806.

Download or read book Attorney General Opinion No 1990 042 written by Robert T. Stephan and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 1990 House Concurrent Resolution No. 5061, subsection (a)(4), does not violate the uniform and equal provision of the Kansas Constitution or the equal protection clause of the United States Constitution. Cited herein: Kan. Const., Art. 11, section 1; 1990 H.C.R. No. 5061; U.S. Const., Amend. XIV.

Download or read book Attorney General Opinion No 1991 115 written by Robert T. Stephan and published by . This book was released on 1991 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 76-746, the reduced-service program for regents' institutions' faculty members, discriminates against faculty members 65 years of age and older. Since it does not meet the "equal benefit or equal cost" test and is not consistent with the purposes of the age discrimination in employment act (ADEA), it is not excepted from the act pursuant to the older workers benefit protection act and would be found to violate the ADEA. Cited herein: K.S.A. 1990 Supp. 74-4925, as amended by L. 1991, ch. 237, section 2; K.S.A. 76-746; K.A.R. 88-12-1; 29 U.S.C. sections 621, 623; 29 C.F.R. section 1625.10.

Download or read book Attorney General Opinion No 1988 029 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: The definition of the term "dealer," as found in K.S.A. 1987 Supp. 79-5201 (taxation of marijuana and controlled substances), does not create a presumption that one in possession of more than 28 grams of marijuana in a conveyance is "using or intends to use" that conveyance "to transport or facilitate the transportation for the purpose of sale or receipt", of that marijuana as it applies to forfeiture of conveyances pursuant to the Uniform Controlled Substances Act. Cited herein: K.S.A. 1987 Supp. 65-4135; 79-5201.

Download or read book Attorney General Opinion No 1990 005 written by Robert T. Stephan and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: By statute, a candidate in Kansas can have her or his name placed on the ballot by either filing a nominating petition, or filing a declaration of intention and paying a filing fee. Due to the change in district and precinct boundaries, however, the number of signatures required on nominating petitions cannot be determined. Until the statutory method of calculating the number is changed, the only means of becoming placed on the ballot is by filing fee. The United States Supreme Court has ruled that, based on the Equal Protection Clause of the Constitution, an indigent candidate cannot be required to pay a filing fee, and that a reasonable alternative means of ballot access must be available. Until current law is amended, the filing fee requirement must be waived for persons unable to pay. Cited herein: K.S.A. 1988 Supp. 25-205, as amended by L. 1989, Ch. 106, section 3; K.S.A. 25-206, as amended by L. 1989, Ch. 106, section 4.

Download or read book Attorney General Opinion No 1990 026 written by Robert T. Stephan and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In legislation enacted as local economic regulation, classifications that are rationally related to a legitimate state interest do not offend the Equal Protection Clause of the Fourteenth Amendment. New section one of 1990 House Bill No. 2601 that distinguishes property located within corporate city limits from rural property does not offend the Equal Protection Clause. Cited herein: U.S. Const., Amend. XIV.

Download or read book Attorney General Opinion No 1990 032 written by Robert T. Stephan and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 24-401 e̲t̲ s̲e̲q̲. authorize a drainage district, organized pursuant to the act, to prohibit or limit discharges into a drainage ditch that prevent its maintenance. The drainage district is authorized by statute to maintain suits to enforce the reasonable orders of its directors and thus includes the ability to seek an injunction to this effect thus obviating the need for 1990 House Bill No. 2623. Cited herein: K.S.A. 24-401 e̲t̲ s̲e̲q̲.; 24-407; 24-429; 24-434.

Download or read book Attorney General Opinion No 1990 101 written by Robert T. Stephan and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 50-703(c)(5) permits a consumer reporting agency to furnish a consumer report in circumstances involving a legitimate business need for the information in connection with a business transaction involving the consumer. A financial investigation into the assets of drug dealers by the criminal fraud unit of the division of alcoholic beverage control does not involve a consumer relationship or business transaction, and thus, K.S.A. 50-703(c)(5) does not allow a consumer reporting agency to furnish a consumer report for that purpose. Cited herein: K.S.A. 50-701; 50-703; 50-707; 15 U.S.C.S. section 1681b.

Download or read book Attorney General Opinion No 1991 076 written by Robert T. Stephan and published by . This book was released on 1991 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the provisions of K.S.A. 1990 Supp. 20-2619, a judge may elect to continue to participate in the retirement system for justices and judges after leaving service as a judge in certain circumstances. Because the classification created in the statute fails to advance an objective of the retirement system, the classification fails to meet the minimum rationality or reasonable basis test. Also, the benefits conferred pursuant to K.S.A. 1990 Supp. 20-2619 constitute payment of public funds to a private individual in violation of the public purpose doctrine. As such, the statute is unconstitutional. Contributions remitted pursuant to K.S.A. 1990 Supp. 20-2619 and K.S.A. 1990 Supp. 74-4911e are overpayments to the Kansas public employees retirement fund and may be reimbursed pursuant to K.S.A. 1990 Supp. 74-4921. Cited herein: K.S.A. 20-2601; 20-2601a; 20-2602b; K.S.A. 1990 Supp. 20-2603; K.S.A. 20-2606; K.S.A. 1990 Supp. 20-2619; K.S.A. 74-4901; K.S.A. 1990 Supp. 74-4909; 74-4911b; 74-4911e; 74-4911f; 74-4921; K.S.A. 74-4951; K.S.A. 1990 Supp. 74-4998g; Kan. Const., Bill of Rights, sections 1, 2; U.S. Const., 14th Amend., section 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 1990 087 written by Robert T. Stephan and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Equipment used to receive and record emergency calls, or used to relay or dispatch emergency information to response units may be purchased with funds raised pursuant to K.S.A. 1989 Supp. 12-5304. Items such as office furniture or equipment which do not interact with the system as a whole and which do not directly contribute to the common purpose of the 911 system may not be purchased with such funds. Cited herein: K.S.A. 12-5301; 12-5302, as amended by L. 1990, ch. 78, section 1; K.S.A. 1989 Supp. 12-5304.