Download or read book Attorney General Opinion No 1991 073 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: It is our opinion that unless a specific law alters common law, the presence of five of a nine member board constitutes a quorum of that body and a majority vote of those five members (three) is sufficient to bind the body. If one of the members abstains from the vote, he is deemed to have voted with the majority unless he has an interest or bias in the matter and is therefore disqualified. Where the required majority exists without the vote or presence of the disqualified member, his vote or presence will not invalidate the result. Members disqualified from voting may not be counted when determining whether a quorum is present. Cited herein: K.S.A. 75-4317a.

Download or read book Attorney General Opinion No 1992 073 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: Simply stated, the public purpose doctrine permits the spending of public funds only for public purposes. A benefit to specific individuals does not necessarily deprive the expenditure of its public character if the benefit is incidental to the primary purpose of promoting the public welfare. In our opinion, the cost-share program that provides public monies to assist landowners in plugging their abandoned wells serves the public welfare. The program was implemented in response to the federal water pollution control act (commonly referred to as the clean water act) to expeditiously restore and maintain the biological integrity of the nation's waters. Cited herein: K.S.A. 1991 Supp. 65-101; 65-164; K.S.A. 65-171a; 75-5657; 82a-1213; 82a-1214; 33 U.S.C. sections 1251, 1329, 1362.

Download or read book Attorney General Opinion No 1991 024 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: Enforcement of the governmental ethics act against the employees of interstate agencies by criminal prosecution is not favored by the law. The terms of the interstate compact or agreement take precedence over the unilateral actions of any single member state. Cited Cited [sic] herein: K.S.A. 2-3101; 12-2514; 12-2524; K.S.A. 1990 Supp. 46-247; K.S.A. 46-215, e̲t̲ s̲e̲q̲.; 48-2001; 65-34a01; 72-6011; 79-4301; 82a-528; 82a-529; K.S.A. 1990 Supp. 74-8731; U.S. Const., Art. 1, section 10, cl. 3.

Download or read book Attorney General Opinion No 1991 049 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: The legislature intended that the term "noneconomic loss," found in K.S.A. 1990 Supp. 65-34,126 and not otherwise defined, have the meaning commonly accorded it and as defined by case law interpreting generally similar statutes. Cited herein: K.S.A. 1990 Supp. 65-34,100; 65-34,102; 65-34,126.

Download or read book Attorney General Opinion No 1991 153 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. 25-4153a prohibits contributions (to legislators, candidates for legislative seats, and their committees) by registered lobbyists or political committees while the legislature is in session. This prohibition is not a violation of First Amendment rights of free speech and freedom of association. Cited herein: K.S.A. 1990 Supp. 25-4153a; U.S. Const., First Amend.

Download or read book Attorney General Opinion No 1991 127 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: Records pertaining to an internal investigation of an agency's employee, disclosure of which would not interfere with a prospective administrative adjudication or civil litigation nor disclose the identity of a confidential informant, may nevertheless be discretionarily closed if they fit the definition of a personnel record set forth in K.S.A. 1990 Supp. 45-221, as amended. Unless specifically altered by law, the decision concerning how to exercise existing discretionary closure authority may be made by the official custodian or custodian of the record, as those terms are defined by K.S.A. 45-217(c) and (d). Cited herein: K.S.A. 45-215; 45-217; K.S.A. 1990 Supp. 45-221, as amended by L. 1991, ch. 149, section 11; K.S.A. 73-1207; K.S.A. 1990 Supp. 73-1208c; K.S.A. 73-1209.

Download or read book Attorney General Opinion No 1991 088 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: Section 2(b)(10) of chapter 150 of the 1991 Session Laws does not preclude endorsements by a newspaper, the publisher and editor of which is a member of the commission on governmental standards and conduct. Cited herein: L. 1991, ch. 150, section 2.

Download or read book Attorney General Opinion No 1991 152 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: Short of legislative directive indicating how CURB should contract for professional services, CURB should comprise its negotiating committee pursuant to the general statute, K.S.A. 75-3799. Cited herein: K.S.A. 1990 Supp. 66-1222, 66-1225, as amended by L. 1991, ch. 205 sections 1 and 2; K.S.A. 66-1513; 75-3799.

Download or read book Attorney General Opinion No 1991 041 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.A.R. 74-5-103 prohibits certified public accountants (CPAs) from paying a commission to obtain a client and from accepting a commission for referring a client to products or services of others. The regulation promulgated pursuant to state authorization is immune from antitrust law challenge under the state action doctrine. Cited herein: K.S.A. 1990 Supp. 1-202.

Download or read book Attorney General Opinion No 1991 074 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: The word "access" as used in the Kansas protection from abuse act does not connote "legal access" to the residence. If at any time in the past persons resided together the act is applicable. Cited herein: K.S.A. 1990 Supp. 60-3101; 60-3102.

Download or read book Attorney General Opinion No 1991 048 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: The provision of K.S.A. 1990 Supp. 31-134(b), that "nothing in this act shall be construed to impair the power of any municipality ... to prohibit or regulate the sale, handling, use or storage of fireworks within its boundaries," does not constitute a clear articulation of an anti-competitive policy and, therefore, does not bring municipal actions based on the statute within the "state action" exemption from the federal anti-trust laws. Cited herein: K.S.A. 1990 Supp. 31-134; Kan. Const., art. 12, section 5; 15 U.S.C. section 1 e̲t̲ s̲e̲q̲.

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 Attorney General Opinion No 1991 001 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: A petition seeking the recall of a local officer must be certified by an affidavit by the sponsor who personally circulated the petition. The oath or affirmation required for an affidavit may be administered by a notary public. The fact that an oath or affirmation has been administered may be proved by presence of a valid jurat or by evidence a̲l̲i̲u̲n̲d̲e̲ presented at the time the petition is filed with the county election officer. The jurat must be in one of the forms set forth in K.S.A. 1989 Supp. 53-508 and must include the date of the notarial act. If the jurat fails to meet either of these requirements, the jurat is invalid and the petition will lack the required affidavit. A petition seeking the recall of a local officer which lacks the affidavit by the sponsor who personally circulated the petition will be deemed insufficient. Cited herein: Kan. Const., art. 4, § 3; K.S.A. 1989 Supp. 25-3601; K.S.A. 25-3602, as amended by L. 1990, ch. 129, § 2; K.S.A. 25-4301; 25-4304; 25-4318; K.S.A. 1989 Supp. 25-4325; K.S.A. 25-4326; 25-4331; K.S.A. 1989 Supp. 53-502; 53-504; 53-508.

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 1991 105 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: The general laws governing agency apply when determining who is an agent. Marking the "not sure" box of the real estate sales questionnaire will not invalidate the form. Cited herein: L. 1991, ch. 162, sections 3, 4, 7.

Download or read book Attorney General Opinion No 1991 140 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: Upon recording of the viewers' report, survey and plat, a county road is regarded as established. By contrast, such a road is considered opened when the way is unenclosed and unobstructed; when it is minimally traveled; or when it is available or put in condition for public use. The 1879 non-user statute may have applicability to an established road which was not opened prior to the repeal of that statute. Mandamus does not lie to control a township board's exercise of discretion to open or to maintain a road in the absence of obstruction of duty, fraud, bad faith or gross impropriety. Neither the doctrine of abandonment nor of adverse possession generally has applicability to property established for use as a public road. The board of county commissioners are empowered to vacate any county or township road within their county by following statutory procedure. Cited herein: K.S.A. 68-102; 68-102a; 68-106; 68-115; 68-117; 68-124; K.S.A. 1990 Supp. 68-506; K.S.A. 68-518c; 68-526; 68-527; 68-527a; 68-530; 68-701; L. 1874, ch. 108, section 6; L. 1879, ch. 150, section 1.

Download or read book Attorney General Opinion No 1991 032 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: Generally, marital relationships between governmental officers or employees are not p̲e̲r̲ s̲e̲ prohibited by Kansas law. Kansas conflict of interest laws prohibit certain interaction with or activities involving entities in which a public officer or employee has a substantial interest. These conflict of interest laws do not preclude an individual from serving as a public officer or employee. Because the appointment in question is for a court personnel position, statutes concerning that position and the judicial rules and canons should also be considered in making such an appointment. Cited herein: K.S.A. 13-2903; 14-537; 20-342; 20-343; 46-215; 46-221; 46-231; 46-233; 46-239; K.S.A. 1990 Supp. 46-247; K.S.A. 74-605; K.S.A. 1990 Supp. 75-4301a; 75-4304.