Download or read book Attorney General Opinion No 1998 012 written by Carla J. Stovall and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The term "registered guest," as used in K.S.A. 1997 Supp. 41-2641(d)(1) of the Club and Drinking Establishment Act, means an individual who is registered as an overnight guest of the hotel. Cited herein: K.S.A. 36-501; K.S.A. 1997 Supp. 41-2601; 41-2637; 41-2641.

Download or read book Attorney General Opinion No 1999 012 written by Carla J. Stovall and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: There is no statutory discretion that would allow a court to suspend the mandatory minimum fine for a person who has violated K.S.A. 1998 Supp. 41-727, making it unlawful for a person under 21 to possess alcoholic liquor or cereal malt beverages. Cited herein: K.S.A. 1998 Supp. 8-1567; K.S.A. 21-3102; K.S.A. 1998 Supp. 21-4503a; 21-4603d; 38-1663; 41-727.

Download or read book Attorney General Opinion written by Carla J. Stovall and published by . This book was released on 2001 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Act conferring the Kansas Development Finance Authority's discretion to determine the use of specified State and local tax revenues to pay bond debt service, project costs and to determine whether to approve remittances to taxing authorities includes sufficient policies and standards to guide the Authority's exercise of delegated power. Thus, the Act constitutionally delegates administrative, not legislative, power to the Authority to determine the use of State and local tax revenues deposited in the redevelopment bond fund to: (a) pay debt service on bonds issued pursuant to K.S.A. 2000 Supp. 74-8905(e), (b) pay any portion of such revenues directly to, or on the order of, a development to defray the costs of a "project of statewide as well as local importance" and (c) direct that any moneys not used for such purposes be remitted back to State and local taxing authorities. The specified State and local tax revenues at issue are collected, segregated, set aside, and may be used only for statutorily specified purposes, namely, for the payment of debt service on redevelopment bonds and project costs. However, once these revenues are remitted to the State Treasurer, he is mandated to credit them to the redevelopment bond fund established in the state treasury. As such, Article 2, section 24 of the Kansas Constitution requires legislative appropriation in order for the State Treasurer to disburse moneys from the redevelopment bond fund for payment of debt service on redevelopment bonds and costs of a project of statewide as well as local importance. An initial, no limit appropriation with a savings clause would be sufficient for this purpose. Cited herein: K.S.A. 2000 Supp. 12-187; 12-189; 74-8902; 74-8903; 74-8905; 74-8921; 74-8922; 74-8923; 74-8924; 74-8925; 79-8926; 74-8927; 74-8929; Kan. Const., Art. 1, section 2; Art. 2, section 24; L. 1987, ch. 57; L. 1998, ch. 199; L. 1999 ch. 158.

Download or read book Attorney General Opinion No 1997 012 written by Carla J. Stovall and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Policy No. 50 of the Legislative Coordinating Council prohibiting the employment of Legislators' immediate family members by either house or any legislative staff agency is not facially violative of the Equal Protection Clause of the United States Constitution. Cited herein: K.S.A. 46-246a; 46-1202; 74-605; K.A.R. 19-40-4; U.S. Const., Amend. XIV.

Download or read book Attorney General Opinion No 1992 012 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: Pursuant to K.S.A. 79-503a and the holding in Garvey Grain, Inc. v. MacDonald, 203 Kan. 1 (1969), guidelines and schedules promulgated by the director of property valuation must reflect, where applicable, realistic market-place depreciation, including short and long-term physical deterioration or functional, economic or social obsolescence. Cited herein: K.S.A. 1991 Supp. 79-503a; K.S.A. 79-1439; K.S.A. 1991 Supp. 79-1476; K.S.A. 1968 Supp. 79-503 (repealed L. 1982, ch. 391, section 39).

Download or read book Attorney General Opinion No 1998 039 written by Carla J. Stovall and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A regional library created pursuant to K.S.A. 12-1231 et seq. is a taxing subdivision for purposes of exempting itself from the tax lid law pursuant to K.S.A. 79-5036(c) and a political subdivision for purposes of having an employee benefits contribution fund established for it pursuant to K.S.A. 12-16,102. Cited herein: K.S.A. 12-1231; 12-1232; 12-1233; 12-1234; 12-16,102; 79-5021; 79-5036.

Download or read book Attorney General Opinion No 1996 012 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The practice of medicine and surgery and the practice of chiropractic are licensed professions each with their own scope of practice as defined by statute. While manual manipulation as defined generally may include methods of practice authorized to one or the other profession or both, chiropractic manual manipulation as taught in accredited schools of chiropractic is not within the scope of practice of medicine and surgery as defined by K.S.A. 65-2869. Cited herein: K.S.A. 65-2869; 65-2871.

Download or read book Attorney General Opinion No 1999 054 written by Carla J. Stovall and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Kansas Dairy Commission is an "agency, authority, institution or other instrumentality" of the state for purposes of the Kansas Tort Claims Act. Commission members are considered employees of the Commission for purposes of the Kansas Tort Claims Act. Cited herein: K.S.A. 1998 Supp. 47-2302; 47-2303; 47-2304; K.S.A. 75-6101; 75-6102; 75-6103.

Download or read book Attorney General Opinion No 1990 012 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: The Board of Emergency Medical Services, as a regulatory agency, can exercise powers incidental to the granting and denying of licenses. It thus has the discretion to renew an otherwise void license under circumstances that warrant renewal. Cited herein: K.S.A. 1989 Supp. 65-6129; 65-6133; K.S.A. 77-501 e̲t̲ s̲e̲q̲.; 77-509; 77-523; 77-524.

Download or read book Attorney General Opinion No 1988 012 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: Section 7 of the Kansas Bill of Rights and the First Amendment to the United States Constitution guarantee free exercise of religion. Students do not shed these rights when they enter school grounds. Absent a compelling state interest, a student may not be prohibited from reading a Bible or other religious text during free reading periods or unstructured recesses. Cited herein: Kan. Const. Bill of Rights, section 7; U.S. Const., Amend. I.

Download or read book Attorney General Opinion No 1998 059 written by Carla J. Stovall and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Unified school districts are required by subsection (b) of K.S.A. 1997 Supp. 72-89b03, as amended by L. 1998, Ch. 171, section 4, to adopt a policy establishing a procedure for reporting to the police, county attorney, Attorney General, Kansas Highway Patrol, or other similar law enforcement agency, as appropriate, acts which have been committed at school, on school property, or at a school supervised activity when the acts involve conduct which constitutes the commission of a felony or misdemeanor or the possession, use, or disposal of explosives, firearms, or other weapons. A unified school district may adopt a policy whereby all reports of incidents are made to an employee designated by the board of education of a unified school district. The designated employee may then review the reports. If it is determined that the incident involved conduct which constitutes the commission of a felony or a misdemeanor, or which involves the possession, use or disposal of explosives, firearms, or other weapons, the law requires the designated employee to forward the report to the appropriate law enforcement agency. A school policy providing for the reporting of an incident to a school resource officer who is employed by the police department or other law enforcement agency as a law enforcement officer may fulfill the requirements of K.S.A. 1997 Supp. 72-89b03 if such manner of reporting is acceptable to the law enforcement agency. Cited herein: K.S.A. 1997 Supp. 21-4502; 21-4503a, as amended by L. 1998, Ch. 192, section 5; K.S.A. 72-8222; K.S.A. 1997 Supp. 72-89b01; 72-89b03, as amended by L. 1998, Ch. 171, section 4; 72-89b04; 74-5602; K.S.A. 1985 Supp. 74-5602; L. 1996, Ch. 87, section 2; L. 1995, Ch. 123, section 3; L. 1987, Ch. 277, sections 1, 2.

Download or read book Attorney General Opinion No 1998 055 written by Carla J. Stovall and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A requester does not violate the statutory prohibition on receiving lists of names from public records when that requester obtains from register of deeds' records names of persons who have sold property pursuant to a contract for deed, and the requester receives such records for the purpose of contacting the persons therein named to offer to purchase their rights to receive payments under the contract for deed, rather than to sell property or services to such persons. Cited herein: K.S.A. 21-3914; 45-220.

Download or read book Attorney General Opinion No 1998 045 written by Carla J. Stovall and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A mortgagee having a statutory right to redeem real estate pursuant to K.S.A. 79-2803 may not purchase that real estate, either directly or indirectly, at a public auction conducted pursuant to K.S.A. 79-2804. Cited herein: K.S.A. 79-2803; 79-2804; 79-2804g, as amended by L. 1998, ch. 188, section 5; 79-2804j, repealed by L. 1998, Ch. 188, section 11; 79-2812; L. 1994, Ch. 200, section 3; L. 1995, Ch. 254, section 8; L. 1996, Ch. 264, section 24.

Download or read book Attorney General Opinion No 1998 010 written by Carla J. Stovall and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Takings Clause of the Fifth Amendment to the United States Constitution prohibits the government from taking private property for public use without just compensation. A moratorium on new water pollution control permits for new confined feeding facilities would not effect a compensable taking pursuant to the per se category of invasive takings which are those governmental regulations that compel the property owner to suffer a physical invasion of his property. Nor does it appear that a moratorium on new water pollution control permits for new confined feeding facilities would constitute a compensable taking pursuant to the per se category of economic takings which are those governmental regulations that ban all economically beneficial uses of land. Whether such a moratorium would result in a compensable taking for failure to substantially advance a legitimate state interest depends on (1) the nature of the governmental action, (2) the severity of the economic impact on the affected property owner and (3) the degree of interference with the affected property owner's reasonable investment-backed expectations. Cited herein: U.S. Const., Amends. V and XIV; K.S.A. 1997 Supp. 65-171d; K.A.R. 28-18-2; 28-18-3.

Download or read book Attorney General Opinion No 1998 053 written by Carla J. Stovall and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A real estate broker is prohibited from offering or giving anything of value, other than the broker's services as a broker, that is contingent upon an agency agreement with a client or the sale, purchase or lease of real estate. In the errors and omissions insurance program described, a real estate broker would be offering a seller-client something of value, other than services as a broker, that is contingent upon an agency agreement. Thus a real estate broker who participated in the AHS program as described would be in violation of K.S.A. 1997 Supp. 58-3062(a)(11). Cited herein: K.S.A. 1997 Supp. 58-3035; 58-3062, as amended by L. 1998, Ch. 93, section 74; 58-30,102.

Download or read book Attorney General Opinion No 1998 046 written by Carla J. Stovall and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 14-1302, which prohibits under certain conditions a city commission from appointing one of its former members to a city office, is subject to charter ordinance because it does not apply uniformly to all cities. However, the common law may still preclude a city commission from appointing one of its members to the office of city manager even if the member resigns his commission position unless the charter ordinance contains specific provisions that have the effect of abrogating the common law prohibition. Cited herein: K.S.A. 12-1011; 12-1014; 14-1302.

Download or read book Attorney General Opinion No 1998 020 written by Carla J. Stovall and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 21-4206, which addresses the disposition of confiscated weapons when no longer needed for evidentiary purposes, does not authorize the sale of confiscated weapons and the retention of sale proceeds by a law enforcement agency. Cited herein: K.S.A. 21-4206.