Download or read book Attorney General Opinion No 1991 098 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. 19-805d provides that a sheriff in deciding personnel issues is subject to the personnel policies and procedures established by the board of county commissioners. A person may not serve simultaneously as a city commissioner and a deputy sheriff pursuant to the prohibitions of K.S.A. 14-1302. Cited herein: K.S.A. 14-1302; 19-805d.

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 121 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: To the extent discussed herein the statutory classifications for determining eligibility for and amounts of reimbursement from the underground petroleum storage tank trust fund as set forth in K.S.A. 1990 Supp. 65-34,119 violate the equal protection clause of the United States constitution. Other provisions of the Kansas storage tank act are severable and therefore not affected by this opinion. Cited herein: K.S.A. 1990 Supp. 65-34,100; 65-34,104; 65-34,106; 65-34,107; 65-34,114; 65-34,115; 65-34,119; 65-34,120; 65-34,125; P.L. 98-616; 40 C.F.R. section 280.

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 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 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 009 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: Improvement districts created pursuant to K.S.A. 19-2753 e̲̲t̲ s̲e̲q̲. have been authorized by K.S.A. 19-2765(a)(4) to ". . . plan and construct or purchase public works and improvements for public health, recreation, convenience or welfare within the limits of the improvement district . . ." and thus, may take such actions if the governing body determines that such a necessity exists. Construction and maintenance of a public commodity program distribution facility or a public recreation area may meet the definition of a public work or improvement in certain situations, and improvement district funds may be expended for such purposes if the levy utilized to obtain such funds does not otherwise limit or prohibit expenditures for such purposes. Cited herein: K.S.A. 19-2752a; 19-2753; 19-2765.

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 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 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 086 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 district convention held to elect a person to be appointed to fill a vacancy in a district office is subject to K.S.A. 1990 Supp. 25-3902. The county chairperson must, within 10 days of receipt of notice that a vacancy has occurred or will occur, call a convention by mailing a notice to the persons designated in subsection (b) or (c) of K.S.A. 1990 Supp. 25-3902. The convention is to be convened and held as soon as is reasonable and practicable after the appropriate time as set forth in subsection (b) or (c) has elapsed. An actual vacancy need not exist before the convention is called and held. K.S.A. 13-1802 precludes a member of the board of commissioners of a city of the first class from simultaneously serving as a state representative. The common law doctrine of incompatibility of offices does not preclude an individual from simultaneously serving as a state representative and as president of a registered lobbying group. However, the ability of an individual to simultaneously serve in both roles is subject to the findings of the Kansas commission on governmental standards and conduct. Cite herein: K.S.A. 13-1802; K.S.A. 1990 Supp. 25-3902; 25-3903a; 46-160; K.S.A. 46-254; K.S.A. 1990 Supp. 75-4303a, as amended by L. 1991, ch. 150, section 42.

Download or read book Attorney General Opinion No 1991 130 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: Kansas law does not currently prohibit licensed physicians from performing abortions and, under current court decisions, the state may not prohibit abortions at any stage when the woman's life or health is at risk. The state may suggest guidelines for determining, after viability, when the woman's health is at risk, but the decision in a particular case must be left to the woman's physician. The physician's decision would be reviewable by the courts. Cited herein: K.S.A. 21-3407, 65-443; 65-444; 65-445; K.S.A. 1990 Supp. 65-2837, as amended by L. 1991, ch. 192, section 3.

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 091 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 city has no authority to prevent licensure under the drinking establishment act, unless the applicant's premises is located in an area not zoned for such purposes. Pursuant to K.S.A. 41-301, the director of alcoholic beverage control may not issue a retailer's license for a premises located in a city or township which has elected to prohibit packaged sales. Cited herein: K.S.A. 1990 Supp. 19-101a; K.S.A. 41-301; 41-302; K.S.A. 1990 Supp. 41-2605; 41-2606; 41-2608; 41-2609; 41-2611, as amended by L. 1991, ch. 148, section 1; 41-2620; 41-2622; 41-2631; 41-2646; Kan. Const., Art. 12, section 5; Art. 15, section 10.

Download or read book Attorney General Opinion No 1991 120 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: Kansas technology enterprise corporation (KTEC) does not have statutory authority with sufficient guidelines and standards to enable it to form a subsidiary corporation. The governor has only such appointing power granted by the constitution or the legislature. Cited herein: K.S.A. 1990 Supp. 74-8104; Kan. Const., art. 2, section 18, art. 15, section 1.

Download or read book Attorney General Opinion No 1991 157 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, pursuant to the definitions of public record and public agency set forth at K.S.A. 45-217, and in accordance with the declarations set forth in K.S.A. 1-401, working papers created, maintained and in the possession of a private CPA firm, whose only connection with a public entity is a service contract entered into pursuant to K.S.A. 1990 Supp. 46-1122, are records which are not subject to the provisions of the Kansas open records act (KORA). However, post audit may review such working papers in accordance with the oversight duties dictated by K.S.A. 1990 Supp. 46-1127(a), the access powers of the division of legislative post audit and as recognized by general legal principles applicable to the accountant/client relationship. Access to or review of CPA working papers by post audit does not automatically alter the nature of the records for purposes of the open records act. If copies of records are provided to post audit, records in the possession of post audit must be closed by post audit if the records in question are subject to a duty of confidentiality. Cited herein: K.S.A. 1-401; 45-215; 45-217; K.S.A. 1990 Supp. 45-221, as amended by L. 1991, ch. 149, section 12; K.S.A. 46-1101; K.S.A. 1990 Supp. 46-1106; 46-1108; 46-1114; 46-1122; K.S.A. 46-1127; K.A.R. 74-5-101; 74-5-105.

Download or read book Attorney General Opinion No 1991 050 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: If a public record qualifies as a personnel record, it may be closed pursuant to K.S.A. 1990 Supp. 45-221(a)(4), with the exception of the information noted therein. However, not every public record concerning public employees automatically qualifies as a personnel record. Public records may be closed pursuant to K.S.A. 1990 Supp. 45-221(a)(30) when public disclosure would constitute a clearly unwarranted invasion of personal privacy. Closure under this subsection may not occur if the elements of invasion of privacy are not present, if the invasion of privacy can be eliminated by deleting the identifying personal information pursuant to K.S.A. 1990 Supp. 45-221(d), by providing statistical information pursuant to K.S.A. 1990 Supp. 45-221(e), or if the individual whose privacy interest is at risk consents to the disclosure. Closure under K.S.A. 1990 Supp. 45-221(a)(4) or (a)(30) is discretionary not mandatory. Cited herein: K.S.A. 45-215; 45-216; 45-217; K.S.A. 1990 Supp. 45-221.