Download or read book Attorney General Opinion No 1999 048 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: Documents related to an investigation conducted by an attorney for his or her client in order to provide legal advice to the client, may be closed under the Kansas Open Records Act because they are protected by the attorney-client privilege. Cited herein: K.S.A. 1998 Supp. 45-217; K.S.A. 1998 Supp. 45-221; 60-226; K.S.A. 60-426.

Download or read book Attorney General Opinion No 1993 048 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: The language of K.S.A. 72-6433 and the circumstances under which it was enacted do not evince a legislative intent to create private rights of a contractual nature enforceable against the state. The electors of a school district have not achieved a vested interest which may not be modified by the legislature. Therefore, retroactive application of the amendments set forth in 1993 Senate Bill No. 102 does not result in a violation of constitutional rights. Cited herein: K.S.A. 72-6433; 1993 Senate Bill No. 102.

Download or read book Attorney General Opinion No 1986 048 written by Robert T. Stephan and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: An entity created by action of a city, a county and a chamber of commerce (which is not itself subject to either the Kansas Open Records Act or the Kansas Open Meetings Act) may be subject to both such acts if certain requirements are met. In the case of the Kansas Open Records Act (KORA), K.S.A. 45-215 e̲t̲ s̲e̲q̲., the entity must be supported by public funds in whole or in part. While an exception exists for the mere provision of goods or services, an entity which is established by a city and county and to which they appoint members, and which has the task of performing functions they assign, is a public agency for the purposes of KORA. Records concerning the prospective location of a business in the area may or may not be subject to disclosure, depending on whether the requirements of K.S.A. 1985 Supp. 45-221 have been met. The Kansas Open Meetings Act (KOMA) applies if the entity is subordinate to a legislative or administrative agency of the state, and is supported in whole or in part by public funds. In the case of an entity which has a majority of its members appointed by a city and a county, which is charged with the performance of duties which would otherwise be done by the units of government themselves, and which receives funding from such governments, the tests are satisfied and KOMA applies. Questions involving the prospective location of a business in the area may be discussed in executive session only as they concern the acquisition of real property or confidential data relating to the financial affairs of the business. Cited herein: K.S.A. 1985 Supp. 45-216; 45-217; 45-221; K.S.A. 75-4317; K.S.A. 1985 Supp. 75-4318; K.S.A. 75-4319.

Download or read book Attorney General Opinion No 1981 048 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Reports of the decisions of the Kansas Supreme Court and Court of Appeals may be copyrighted as compilations. However, any such copyright cannot cover the opinions of the judges and justices or other material prepared by them in the discharge of their judicial duties. The copyright protection afforded the Reports is limited to the Appellate Reporter's own work and labor in the production of the Reports. The publication of advance sheets without copyright notice under copyright laws existing prior to January 1, 1978, resulted in forfeiture of the copyright on the material contained therein, which cannot be revived by subsequent publication in copyrighted volumes of the Reports. However, the publication of advance sheets without copyright notice after that date under current copyright laws does not constitute a forfeiture, and the works are protected from infringement as long as they are properly registered within five years after first publication. Neither one of these circumstances affects the validity of the copyright of the Reports as a compilation of preexisting material, but the copyright can only cover new and original material contributed by the reporter. The use made of the Reports by West Publishing Company and K-Bar Research, Inc., pursuant to licensing agreements, has not resulted in forfeiture of the copyright protection afforded the Reports. Cited herein: K.S.A. 20-206, K.S.A. 1980 Supp. 20-211, 17 U.S.C.A. sections 1, 3, 10, 19, 102, 103, 106, 405, P.L. 94-553, U.S. Const., Art. I, section 8.

Download or read book Attorney General Opinion No 1984 048 written by Robert T. Stephan and published by . This book was released on 1984 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A register of deeds is required to file of record a written instrument whereby real estate may be affected. Such filing can properly be refused only if the instrument contains apparent errors, or is not proved or acknowledged and certified in the manner prescribed by law, or the register of deeds has been directed by a court not to file the instrument. A register of deeds also may refuse to file instruments that clearly do not affect real estate, or where the law requires some act, such as payment of the mortgage registration fee, before the instrument may be received and filed of record. Cited herein: K.S.A. 5872211, 58-2221; Affirming Attorney General Opinion No. 82-164.

Download or read book Attorney General Opinion No 1999 038 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: By referring to "such office" in K.S.A. 25-4325, the Legislature intended that the number of signatures required on a petition seeking the recall of a local elected official be based on a percentage of the number of votes cast in the last general election at which an officer was elected from the same member district from which the officer sought to be recalled was elected. In the case of a petition seeking the recall of a city commissioner who was elected at-large in the 1997 general election, the petition must contain signatures equal in number to not less than 40% of the votes cast at the 1999 general election for all at-large candidates for city commissioner divided by the number of persons elected in the 1999 general election to the office of city commissioner for at-large districts. Cited herein: K.S.A. 25-4301; 25-4318; 25-4325; 71-1407; 72-8009; Kan. Const., Art. 4, section 3; L. 1976, Ch. 177, sections 5, 7; L. 1976, Ch. 178, sections 25, 32; L. 1913, Ch. 336, section 1.

Download or read book Attorney General Opinion No 1999 032 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 grounds in the petition seeking the recall of the Greenwood County Commissioner are set forth with sufficient particularity as to allow the Greenwood County Commissioner an opportunity to prepare a statement in justification of his conduct in office. The veracity of the allegations contained in the recall petition is to be determined by the electorate, not the county attorney. Cited herein: K.S.A. 25-4302; 25-4320; Kan. Const., Art. 4,3.

Download or read book Attorney General Opinion No 1999 050 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: A law enforcement officer has no authority to stop a person and make inquiry concerning a possible violation of a regulation of a private homes association unless the officer suspects that such individual has violated or is about to violate a state law or a municipal ordinance. Cited herein: K.S.A. 22-2402; U.S. Const., Amend. XIV.

Download or read book Attorney General Opinion No 1999 028 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: Sheriffs are empowered by K.S.A. 19-805 to appoint deputies for particular purposes. Thus, sheriffs have statutory authority to deputize tribal law enforcement officers to enforce state law within the parameters set by the sheriff. Generally a sheriff is liable for official acts of the sheriff's deputies. However, tribes may agree to waive their immunity for purposes of indemnifying the county or sheriff for any liability incurred as a result of negligent acts of deputized tribal law enforcement officers while acting in an official capacity on behalf of the sheriff. The mechanism for enforcing such an agreement will depend on the terms of the agreement. Cited herein: K.S.A. 19-805; 19-805a; 74-2113; 74-5602; K.S.A. 1998 Supp. 74-9804(c); K.S.A. 75-711; 75-6101; 42 U.S.C. section 1983.

Download or read book Attorney General Opinion No 1999 016 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: Use of the terms "expressly advocate the nomination, election or defeat of a clearly identified candidate" and "equal access" in 1999 Senate Bill No. 283 does not render the bill unconstitutionally vague. Cited herein: K.S.A. 25-4142; K.S.A. 1998 Supp. 25-4143; 25-4169a; 1999 S.B. 283; U.S. Const., Amend. I.

Download or read book Attorney General Opinion No 1999 043 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: A resolution enacted by the City of Newton that does nothing more than express a concern for the safety of the City's water resources and describe certain actions that the governing body may take in the future to protect the City's environment is not void on the grounds of vagueness and, therefore, does not offend the Due Process requirements of the 5th and 14th Amendments to the United States Constitution. Cited herein: U.S. Const., Amend. V and XIV.

Download or read book Attorney General Opinion No 1999 052 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: Subsection (c) of K.S.A. 25-4323 states that no more than one less of a majority of a local governing body may be subject to recall at the same time. The number of members serving on a three-member board who may be subject to recall at the same time is one. A local officer is subject to recall once a petition seeking recall of the officer is properly filed. If a petition seeking recall of one member of a three-member governing body has been filed with the county election officer and the county election officer has determined the petition was properly filed, a petition seeking recall of a second member may not be approved by the county election officer until after the recall election on the first member has been conducted. While a petition seeking recall of a second member of a three-member governing body may not be approved until the recall election on the first member is conducted, the petition may still be circulated. Cited herein: K.S.A. 25-4301; 25-4302, as amended by L. 1999, Ch. 105, section 8; 25-4318; 25-4322, as amended by L. 1999, Ch. 105, section 9; 25-4323; 25-4324, as amended by L. 1999, Ch. 105, section 10; 25-4326; Kan. Const., Art. 4, section 3; L. 1987, Ch. 130, section 1; L. 1978, Ch. 147, sections 2, 6; L. 1976, Ch. 178, section 26.

Download or read book Attorney General Opinion No 1999 049 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: Property specifically dedicated for public use is for the enjoyment of the public at large, not for one person or a limited number of persons, or for the exclusive use of restricted groups of individuals. Such public use does not include housing the offices of private organizations that provide services to only some members of the general public. However, there may be instances where a private non-profit organization desires to use a public building located on a public square in such a manner that its use is for the general public rather than for the organization's members or some other restricted group of individuals, and such use would be permissible. Cited herein: K.S.A. 12-401; 12-406; 12-406a.

Download or read book Attorney General Opinion No 1999 045 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: Amendments contained in L. 1998, Ch. 131 allowing expungement of arrest and diversion records should be applied retroactively. Cited here: K.S.A. 1998 Supp. 21-4619; 22-2410.

Download or read book Attorney General Opinion No 1992 048 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: Whether a particular minor in a particular case has been injured as a result of sexual intercourse and a resulting pregnancy must be determined on a case-by-case basis. While the pregnancy itself is not an injury, it certainly puts one on notice that sexual abuse (as statutorily defined) probably has occurred, and requires those persons listed in K.S.A. 1991 Supp. 38-1522(a) to investigate further whether the child has suffered injury, either physical or emotional. If there is reason to suspect that the child has been injured, that person is then required to report such suspicions and the reasons therefore. Cited herein: K.S.A. 1991 Supp. 21-3503; K.S.A. 38-1501; K.S.A. 1991 Supp. 38 - 1502; K.S.A. 38-1521; K.S.A. 1991 Supp. 38 - 1522; 38 - 1523; K.S.A. 38-1525; 38-1526; K.S.A. 1991 Supp. 38-1583; 40-3103; 44-508; K.S.A. 1980 Supp. 38-717; 38-718; 38-721; 38-721c; 38-721d; L. 1975, ch. 231, section 1.

Download or read book Attorney General Opinion No 1999 010 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 provisions of 1999 Senate Bill No. 288 do not violate the Free Speech Clause of the First Amendment to the United States Constitution or Section 11 of the Bill of Rights of the Kansas Constitution, nor do they violate the Equal Protection Clauses of the United States and Kansas Constitutions. Cited herein: 1999 Senate Bill No. 288; Kan. Const., Bill of Rights, sections 1, 2, 11; U.S. Const., Amend. 1, 14.

Download or read book Attorney General Opinion No 1979 048 written by Robert T. Stephan and published by . This book was released on 1979 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: As stated in Attorney General Opinion No. 78-188, the assessment required by K.S.A. 1978 Supp. 74-5612 constitutes a fine and is not subject to the legal constraints against use of fees as general revenue sources. Such assessment is to be imposed by a state or municipal court in addition to such court's imposition of a fine or forfeiture of bail for criminal law violations. In determining the amount of such assessment, court costs incurred in connection with such other fine or forfeiture are not to be considered.