Download or read book Attorney General Opinion No 2007 005 written by Paul J. Morrison and published by . This book was released on 2006 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In light of all of the legislative and judicial activity in this arena over the past ten years, it is our opinion that a court would now find the residency requirements for corporations seeking micro-brewery licenses to be unconstitutional, in violation of the dormant Commerce Clause. Accordingly, contrary conclusions expressed in Attorney General Opinion No. 95-57 are hereby withdrawn. Cited herein: K.S.A. 2005 Supp. 41-311; 41-311b; 41-313; 41-319; L. 2001, Ch. 55.

Download or read book Attorney General Opinion written by Phill Kline and published by . This book was released on 2006 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Because law enforcement officers will often have heightened concerns about privacy due to safety and work considerations, in most instances identifying information such as photographs, home address, home telephone number and identity of family members of an officer may be lawfully closed pursuant to K.S.A. 2005 Supp. 45-221(a)(30). K.S.A. 2005 Supp. 45-221(a)(4) may also allow a public agency to close such identifying information of a public law enforcement officer who is an employee of the agency. The exception to this general rule would arise if a determination is made that the officer in question has somehow consented to the release or waived a claim of privacy, or that the general public interest served by releasing such information somehow outweighs the personal privacy rights of the individual. Cited herein: KS. A. 45-215; 45-216; K.S.A. 2005 Supp. 45-217; K.S.A. 45-218; K.S.A. 2005 Supp. 45-221.

Download or read book Attorney General Opinion No 1978 005 written by Curt Thomas Schneider and published by . This book was released on 1978 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: When the maker of a check payment of which is refused by a bank or other depository due to insufficient funds thereupon promptly and within seven days of notification that payment of the check had been refused, pays the amount thereof to the holder of said check, failure to pay, in addition, any service charge sought to be assessed by the holder of the check affords no basis for prosecution under K.S.A. 21-3707. The holder of such a check may lawfully assess such a service charge, but may not enforce payment thereof through use of the criminal law processes of the state.

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 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 written by Paul J. Morrison and published by . This book was released on 2007 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 2006 Supp. 21-4201 (criminal use of weapons) and K.S.A. 2006 Supp. 75-7c01 et seq. (Personal & Family Protection Act) do not exempt a licensed hunter who may be authorized to carry a concealed firearm from complying with K.S.A. 32-1003(a)(7) which prohibits spotlighting wildlife while in possession of a pistol and K.A.R. 115-4-4 which limits big game hunting equipment. We offer no opinion whether the Law Enforcement Officers Safety Act of 2004 would provide a viable defense to a violation of K.S.A. 32-1003(a)(7) and K.A.R. 115-4-4. Cited herein: K.S.A. 2006 Supp. 21-4201; K.S.A. 32-807; 32-1003; K.S.A. 2006 Supp. 32-1031; 32-1032; 75-7c01; 75-7c10, as amended by L. 2007, Ch. 166, section 5; 75-7c11, as amended by L. 2007, Ch. 166, section 6; 75-7c17, as amended by L. 2007, Ch. 166, section 7; K.A.R. 115-4-4; 18 U.S.C. sections 926B, 926C.

Download or read book Attorney General Opinion No 2007 027 written by Paul J. Morrison and published by . This book was released on 2007 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The statutory provisions prohibiting the Commission on Judicial Performance and elected judges from disclosing data from surveys evaluating elected judges' judicial performance violates the First Amendment to the United States Constitution because the purported justifications of: (1) promoting fairness in the use of public funds to evaluate judicial candidates in partisan elections; (2) preventing a violation of K.S.A. 25-4169a; and (3) preventing judicial candidates from using the evaluations in a misleading manner, do not serve a compelling state interest or are not narrowly tailored to serve those interests. Cited herein: K.S.A. 2006 Supp. 20-367; K.S.A. 20-2901; 20-2908; K.S.A. 2006 Supp. 20-2909; K.S.A. 20-2911; 20-2912; K.S.A. 2006 Supp. 20-3005; 20-3006; 20-3203; 20-3204; 20-3205; 20-3207; K.S.A. 25-101; 25-111; 25-4169a; Kan. Const., Art. 3, section 5, Art. 3, section 6; U.S. Const., Amend. I, Amend. XIV.

Download or read book Attorney General Opinion written by Paul J. Morrison and published by . This book was released on 2007 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Submitting multiple slates of nominees to the Governor to fill multiple vacancies on the Board of Directors (Board) of the University of Kansas Hospital Authority does not violate K.S.A. 2006 Supp. 76-3304. As the Governor can only select from a slate provided by the Board's nominating committee, common sense dictates that should a candidate die, be otherwise unable to serve, or not meet the statutory requirements, the Board's nominating committee should provide the Governor another slate of individuals. The Legislature has not imposed deadlines on the Governor for selecting an appointee or forwarding the appointment to the Senate for confirmation. Gubernatorial appointees can exercise the powers, duties, and functions of a Board member only if the appointee is either: (1) confirmed by the Senate pursuant to K.S.A. 75-4315b; or (2) authorized by the confirmation oversight committee pursuant to K.S.A. 46-2601. However, a person nominated by the Board's nominating committee but not yet appointed by the Governor or confirmed by the Senate has the same standing as a member of the public to participate in open meetings, to the extent allowed by the Board. As with any non-Board member, such person may attend and participate in discussions during a Board executive session if such person, in the Board's opinion, will aid its discussion. However, a gubernatorial appointee cannot vote until authorized by the confirmation oversight committee or confirmed by the Senate. Whether or not Board action is affected by virtue of a person voting on a matter in which the person had no authority to do so will depend upon the facts. Finally, as Board members are public officers, a Board member's resignation will not create a vacancy on the Board unless and until it is accepted by the Governor. Such acceptance does not need to be formal. Rather, any conduct treating the resignation as operative is sufficient. Whether or not the Governor has accepted a Board member's resignation is a question of fact. Cited herein: K.S.A. 20-134; 20-2910; 20-2911; 20-3005; 20-3008; 46-2601; 75-4315b; 75-4317; K.S.A. 2006 Supp. 75-2701; 76-3302; 76-3304; 76-3306; 77-109; Kan. Const. Art. 1, section 3; Art. 2, section 18; Art. 3, section 5; Art. 15, section 1.

Download or read book Attorney General Opinion No 2012 002 written by Derek Schmidt and published by . This book was released on 2012 with total page 5 pages. Available in PDF, EPUB and Kindle. Book excerpt: Synopsis: K.S.A. 2011 Supp. 12-16,124 preempts local zoning regulations that prohibit home-based businesses engaged in the sale of firearms or ammunition over the internet. Cited herein: K.S.A. 2011 Supp. 12-16,124; Kan. Const., Art. 12, §5; L. 2007, Ch. 166.

Download or read book Attorney General Opinion No 1987 065 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: Under the provisions of Article 3, section 5 of the Kansas Constitution, no member of the Supreme Court Nominating Commission shall, while he or she is a member, hold any other "public office" by appointment. The term "public office" refers to the common-law concept of a public office, and except where the office of city attorney has been stripped of all prosecutorial and other sovereign power (through the exercise of home rule powers), a city attorney holds a public office. Cited herein: Kan. Const., Article 3, section 5.

Download or read book Attorney General Opinion No 2007 008 written by Paul J. Morrison and published by . This book was released on 2007 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Courts uniformly find constitutional fault with blanket policies providing for strip searches of all prisoners detained or arrested for violation of statutes, resolutions or ordinances involving only traffic, regulatory or nonviolent misdemeanor offenses. K.S.A. 22-2521(a) codifies this case law. However, pursuant to K.S.A. 22-2524(b), strip searches may be conducted absent reasonable suspicion or probable cause when a person accused of even this type of crime is, out of strict necessity, confined in a general jail population while awaiting appearance before a magistrate judge. This provision has not been struck down as unconstitutional. However, because courts often impose a strict burden of proof when such searches are conducted, we caution against adoption of any blanket policy providing for such searches in all cases and urge every jailer to adopt policies that insure adequate justification is present in each specific situation. Cited herein: U.S. Const., Amend. IV; K.S.A. 22-2521; 22-2522; 22-2524.

Download or read book Attorney General Opinion No 2007 009 written by Paul J. Morrison and published by . This book was released on 2007 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The City of Lawrence proposed Ordinance No. B, establishing a domestic partnership registry, does not conflict with nor is it preempted by Article 15, Section 16 of the Kansas Constitution or statutes establishing the marital relationship. However, to the extent that the registry is available to individuals who do not reside in the City of Lawrence, the ordinance extends beyond the purview of the city's local affairs and, as such, may be found to violate the Home Rule Amendment to the Kansas Constitution. Cited herein: K.S.A. 2006 Supp. 23-101; K.S.A. 23-102; 60-1601; Kan. Const., Art. 12, section 5, Art. 15, section 16.

Download or read book Attorney General Opinion No 1984 106 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: As amended by chapter 282, section 5, the provisions of chapter 187, section 11 of the 1984 Session Laws prohibit the selling, giving or receiving of lists of names and addresses derived from public records, for the purpose of selling or offering for sale any property or service to the persons listed therein, subject to three exceptions. Section 6 of chapter 187, as amended by section 3 of chapter 282 of the 1984 Session Laws, further requires that any person who obtains a list of names and addresses certify that: (1) he or she will not use the information for the purpose of selling or offering for sale any property or services, and (2) will not give, sell or otherwise make available the list to another person so that the latter may sell or offer for sale any property or service. Accordingly, a person may not make commercial use of information derived from such lists, either directly or through the sale of the lists themselves. Cited herein: K.S.A. 1983 Supp. 21-3913; 45-201 (both repealed, L. 1984, ch. 187); 74-2012, as amended by L. 1984, ch. 282, section l; L. 1983, ch. 171, section 11, L. 1984, ch. 187, sections 6, 11; L. 1984, ch. 282, sections 3, 5.

Download or read book Attorney General Opinion No 1982 183 written by Robert T. Stephan and published by . This book was released on 1982 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: As amended by L. 1982, ch. 144, section 5, K.S.A. 1981 Supp. 8-1567 provides that a person convicted of a violation of the offense of operating a motor vehicle while under the influence of alcohol may be required to perform public or community service work as an alternative to incarceration or payment of a fine. In assigning the work to be performed, a judge or court services division would be exercising judicial and discretionary functions, respectively, and would be exempt from liability under the Tort Claims Act, K.S.A. 1981 Supp. 75-6101 e̲t̲ s̲e̲q̲. However, as noted by Attorney General Opinion Nos. 81-98 and 82-157, the recipient organization (including local governments and non-profit corporations) may be liable for injuries and damages inflicted or suffered by persons acting within the scope of their designated community service duties. Cited herein: K.S.A. 1981 Supp. 8-1567 (as amended by L. 1982, ch. 144, section 5), K.S.A. 21-4610, K.S.A. 1981 Supp. 75-6102, 75-6104.

Download or read book Attorney General Opinion No 1985 025 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: K.S.A. 15-209 applies to cities of the third class having the mayor-council form of government, and provides that all elected officers shall be qualified electors of the city. In order to be a qualified elector under state law, a person must have attained the age of 18. Therefore, the statute on its face would prohibit a person under the age of 18 from taking office as a city council member. However, as K.S.A. 15-209 is contained in an act which has non-uniform provisions, a city to which the statute applies may use home rule authority to charter out from any or all of the provisions contained therein, including the requirement that council members be 18 or older. Cited herein: K.S.A. 12-1208a; 13-2102; 15-201; 15-209; Kan. Const., Art. 5, section 1; Art. 12, section 5; L. 1967, ch. 90.

Download or read book Attorney General Opinion written by Paul J. Morrison and published by . This book was released on 2007 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: As the operation of the initiative and referendum process at K.S.A. 12-3013 is restricted to measures which are clearly legislative and not principally administrative, a proposed ordinance banning a casino gambling facility in the City of Mulvane and prohibiting the extension of city services to a casino located in Sumner County is not a proper subject for such process. Moreover, the initiative and referendum process is not available for a proposed ordinance that attempts to exempt the City of Mulvane from the Kansas Expanded Lottery Act. Cited herein: K.S.A. 12-808; 12-111; 12-3013; L. 2007, Ch. 110, sections 1, 3, 5, 6, 16; Kan. Const., Art. 12, section 5; U.S. Const., Art 1, section 10.

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.