Download or read book Attorney General Opinion No 1998 026 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 series of meetings, each of which involves less than a majority of a quorum of a public body, but collectively totaling a majority of a quorum, at which there is a common topic of discussion of the business or affairs of that body constitutes a meeting for purposes of the Kansas Open Meetings Act. Cited herein: K.S.A. 75-4317; 75-4317a; 75-4318.
Download or read book Attorney General Opinion No 1999 026 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: Corporations doing business in Kansas must file an annual report with the Secretary of State pursuant to K.S.A. 1998 Supp. 17-7503. The Secretary of State is authorized to reject an annual report when the filing party is unable to provide the information required by K.S.A. 17-6007 because the incorporator has failed to perfect the organization of the corporation within a reasonable amount of time. Additionally, the Secretary of State is authorized to reject the filing of articles of incorporation from a nonprofit entity when the incorporator fails to provide the conditions of membership as required by K.S.A. 17-6002(a)(4). Cited herein: K.S.A. 17-6002, as amended by 1999 HB 2161; K.S.A. 1998 Supp. 17-6005; K.S.A. 17-6006; 17-6007; 17-6008; K.S.A. 1998 Supp. 17-7402; K.S.A. 17-7503.
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 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 1985 026 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: The Kansas Code for Care of Children allows an individual to initiate a petition alleging a child is in need of care, and provides that said individual may retain legal counsel to present the case to a court of competent jurisdiction. The Secretary of SRS or his representative, as an individual, may file such a petition and use the agency legal staff to present the case. Such authority fulfills the federal statutory mandates. The definition of abused and neglected child as set out in the code substantially complies with the parameters of federal law. Cited herein: K.S.A. 1984 Supp. 38-1501; 38-1502; 38-1510; 38-1529; K.S.A. 77-201 S̲e̲c̲o̲n̲d̲, T̲h̲i̲r̲t̲e̲e̲n̲t̲h̲; 42 U.S.C.A. section 5101, section 5102, section 5103, as amended by P.L. 98-457.
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 1987 026 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 3̲2̲4̲ ̲L̲i̲q̲u̲o̲r̲ ̲C̲o̲r̲p̲.̲ ̲v̲.̲ ̲D̲u̲f̲f̲y̲, the Supreme Court of the United States held that the State of New York's statutory scheme for maintenance and control of retail liquor prices was in violation of Section 1 of the Sherman Act. The Court also held that New York's pricing system would not be saved under the "state-action exemption" from the antitrust laws (due to the fact that the state did not actively supervise the pricing system) or the Twenty-first Amendment to the United States Constitution (because the asserted state interests were not substantiated and did not suffice to afford such immunity). In Kansas, distributors are to file current bottle and case prices with the Director of the Division of Alcoholic Beverage Control. The Alcoholic Beverage Control Board is required to establish a minimum markup to be added on to the bottle price on file at the time of retail sale. The Board does not regulate the prices posted by distributors and has not adjusted the markup percentage for distilled spirits for approximately ten years. The pricing system for alcoholic liquor sales in Kansas is so closely aligned with that of New York that it too is in violation of antitrust laws. As a practical matter, prices are set by private industry and the State does not "actively" supervise the pricing system. Additionally, the United States Supreme Court held that unsubstantiated claims that the system promotes temperance and protects small liquor retailers are not sufficient to afford immunity under the Twenty-first Amendment. Cited herein: K.S.A. 41-1101; 41-1111; 41-1114; 41-1115; 41-1116; 41-1117; 41-1118; K.A.R. 13-4-2; 15 U.S.C. section 1.
Download or read book Attorney General Opinion No 1996 026 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: A citizen has a constitutionally protected right to participate in elections on an equal basis with other citizens in the jurisdiction. In order to ensure exercise of this right, state statute and the national voter registration act require that sites designated as places of registration be open to the public at large. Designation of sites which are not open to the public at large may result in legal action against the public entity responsible for the operation of the place of registration. Cited herein: KS. A. 25-2302; 25-2303; 25-2309; 252310; 25-2311; 25-2312; 25-2313; 42 U.S.C.A. section 1973gg; 42 U.S.C.A. section 1973gg-5; 42 U.S.C.A. section 1973gg-9.
Download or read book Attorney General Opinion No 1998 013 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: Upon entering into a trust agreement which obligates Decatur County to make payments over a forty-year period, in order to comply with the cash-basis law the County should have on hand in its treasury the entire aggregate amount due over the forty-year period, unless the agreement is authorized by the electors of Decatur County. The current Board of County Commissioners of Decatur County may bind future Boards of County Commissioners by entering into a trust agreement as long as such agreement complies with the cash-basis law and any other applicable laws. Cited herein: K.S.A. 1997 Supp. 10-1101; K.S.A. 10-1113; 10-1116; 10-1116a; 10-1116b; K.S.A. 1997 Supp. 10-1116c; K.A.R. 26-29-98.
Download or read book Attorney General Opinion No 1991 026 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: Current statutes concerning the powers and duties of county officials do not authorize boards of county commissioners to enter into interlocal agreements which unilaterally require county attorneys or their staff to prosecute in municipal court for violations of a municipal DUI ordinance. If a city has enacted a DUI ordinance, violations of that ordinance which fall within the city's jurisdiction may be prosecuted in municipal court. Such prosecutions may be undertaken by an attorney authorized by the city to appear in municipal court on behalf of the city. Likewise, defense costs for indigent defendants may be paid to attorneys properly hired by the city for such purposes. Compensation paid by the city to such prosecutors or other attorneys may be contractually shared with or paid to a third party (such as a county) if that party provides contractual consideration for such payments and if the city is expending funds which may be utilized for such purposes. Attorneys involved in representation of two or more public entities must resolve potential statutory or ethical conflict of interest issues. Cited herein: K.S.A. 1990 Supp. 8-1567; K.S.A. 12-2901; K.S.A. 1990 Supp. 12-2909; K.S.A. 12-4104; K.S.A. 1990 Supp. 12-4106; K.S.A. 19-701; 19-702; 22-2401a; K.S.A. 1990 Supp. 75-4301a.
Download or read book Opinions of the Attorney General and Report to the Governor of Virginia written by Virginia. Office of the Attorney General and published by . This book was released on 1979 with total page 620 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Attorney General Opinion No 1995 026 written by Carla J. Stovall and published by . This book was released on 1995 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The applicable definition of "state agency," as used in rules and regulations adopted by the state records board pursuant to K.S.A. 75-3504, is set forth in K.S.A. 45-402. Under that definition, and for purposes of appointing a records officer as provided by K.A.R. 53-4-1, the deferred compensation unit of the department of administration is a state agency. However, Kansas Advocacy and Protective Services, Inc. is not a state agency for purposes of K.A.R. 53-4-1 and therefore need not appoint a records officer. Cited herein: K.S.A. 40-2302; 45-402; 46-224; 75-3049; 75-3502a; 75-3504; 75-3701; 75-3728a; 75-5274; 75-5521; 75-5523; L. 1990, ch. 22, section 3; L. 1991, ch. 11, section 2; L. 1992, ch. 214, section 9; L. 1992, ch. 325, section 2; L. 1993, ch. 270, section 2; L. 1994, ch. 361, section 2; K.A.R. 53-4-1.
Download or read book Attorney General Opinion No 1998 054 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 moneys in the State Highway Fund, the Highway Bond Proceeds Fund and the Highway Bond Debt Service Fund are not part of the Pooled Money Investment Portfolio and are not subject to the Pooled Money Investment Board's (PMIB's) administrative fee. The Secretary of the Department of Transportation has statutory and fiduciary responsibility for investment of all three Funds and the Director of Investments of the PMIB is responsible for executing the Secretary's investment directives. Cited herein: K.S.A. 68-2311; 68-2314; 68-2320; 68-2321; 68-2324; 68-2325; 68-2328; 75-4232; 75-4234, as amended by L. 1998, Ch. 161, section 5; 75-4253; L. 1975, Ch. 404, section 5; L. 1996, Ch. 254, section 26.
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 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 016 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: In performing the duties required under the Campaign Finance Act and the State governmental ethics provisions, the Kansas Commission on Governmental Standards and Conduct acts in the interests and for the benefit of the State. The functions performed by the Commission under such statutory provisions are governmental in nature. Therefore, statutes of limitation are not applicable to the Commission's actions. Cited herein: K.S.A. 25-4119a; 25-4142; 25-4160; 25-4161; 25-4166; 46-215; 46-253; 46-255; 46-256; 46-260; 46-262; 60-521; K.A.R. 19-1-1.
Download or read book Attorney General Opinion No 1994 026 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The phrase "state-owned and operated," as used in article 15, section 3c of the Kansas constitution, is not synonymous with the phrase "state-regulated, licensed and taxed," the latter describing the state's involvement in bingo and parimutuel wagering on horse and dog races. A state-owned and operated lottery is one that is owned as well as directly controlled or managed by the state. Cited herein: Kan. Const., art. 15, secs. 3a, 3b, 3c.
