Download or read book Attorney General Opinion No 2007 032 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. 82a-706a of the Kansas Water Appropriation Act authorizes the Chief Engineer for the Division of Water Resources of the Kansas State Board of Agriculture to promulgate rules and regulations regarding intensive groundwater use control areas. Cited herein: K.S.A. 82a-201; 82a-701; 82a-706a; 82a-726; 82a-730; 82a-1036; 82a-1037; K.S.A. 2006 Supp. 82a-1038; K.S.A. 82a-1039; 82a-1040.

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 1989 032 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: While the state may require abortions to be performed in licensed facilities from and after the first trimester, K.S.A. 21-3407 sweeps too broadly and the offending provisions cannot be severed from the rest without legislative amendment. We note that the United States Supreme Court is currently considering a case which may modify Roe v. Wade, and thus render this opinion invalid. Cited herein: K.S.A. 21-3407.

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: Conservation officers, also referred to as natural resource officers, do not incur criminal liability for trespass when they enter and remain upon private property without the owner's permission while in the pursuit of their statutory duties. Cited herein: K.S.A. 2006 Supp. 21-3721; K.S.A. 32-808; 32-1048; K.S.A. 2006 Supp. 74-5602.

Download or read book Attorney General Opinion No 1990 032 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: K.S.A. 24-401 e̲t̲ s̲e̲q̲. authorize a drainage district, organized pursuant to the act, to prohibit or limit discharges into a drainage ditch that prevent its maintenance. The drainage district is authorized by statute to maintain suits to enforce the reasonable orders of its directors and thus includes the ability to seek an injunction to this effect thus obviating the need for 1990 House Bill No. 2623. Cited herein: K.S.A. 24-401 e̲t̲ s̲e̲q̲.; 24-407; 24-429; 24-434.

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 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 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 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 1977 033 written by Curt Thomas Schneider and published by . This book was released on 1977 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Steel traps which may be set for coyotes are not limited in number by the provisions of K.S.A. 32-158.

Download or read book Attorney General Opinion No 2007 015 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: Forfeiture funds may be used to purchase additional law enforcement vehicles and equipment as well as providing additional law enforcement education and training but only if such purchases are for additional and special purposes and not to replace old vehicles or cover other normal operating expenses. Such proceeds cannot be used to fund capital improvements costs to a county building and should never be considered a source of revenue to meet normal operating expenses of the sheriff's office or county. Cited herein: K.S.A. 19-120; 19-801; 19-1512; 19-1923; 19-4468; 60-4101; K.S.A. 2006 Supp. 60-4117; K.S.A. 65-4173 (repealed, L. 1994, Ch. 339, section 28; July 1).

Download or read book Attorney General Opinion No 2007 041 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 Gun Control Act of 1968 does not preempt K.S.A. 2006 Supp. 21-4201 and, therefore, federally licensed firearms dealers must abide by the prohibitions on possessing automatic weapons and silencers unless an exception applies. Cited herein: K.S.A. 2006 Supp. 21-4201; 18 U.S.C. section 921; 18 U.S.C. section 922; 18 U.S.C. section 923; 18 U.S.C. section 927; 27 C.F.R. section 478.58; U.S. Const., Art. VI, Cl. 2.

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 No 1975 384 written by Curt Thomas Schneider and published by . This book was released on 1975 with total page 2 pages. Available in PDF, EPUB and Kindle. Book excerpt: Provisions of K.S.A. 32-156a and -156b, as amended, were designed to adopt the provisions of the Federal Migratory Treaty Act and prosecutions under the same may be appropriately filed in county courts in this state.

Download or read book Attorney General Opinion No 1978 281 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: The open meeting law does not require that an agenda be prepared of the business to be transacted at any meeting which is subject to the act. It does require that if an agenda is prepared, it must be made available to persons requesting it.

Download or read book Attorney General Opinion No 2007 026 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: Municipal courts have subject matter jurisdiction to hear certain ordinance violations that could be prosecuted as felony crimes in district court. Convictions under such ordinances will be misdemeanor convictions - not felony convictions. Moreover, a municipal court has jurisdiction in third and subsequent driving under the influence (DUI) violations where: (1) the ordinance violation occurred on or after July 1, 2006; and (2) the city has enacted an ordinance subsequent to July 1, 2007 giving its municipal court jurisdiction over third and subsequent DUI ordinance violations. Cited herein: K.S.A. 2006 Supp. 8-1567, as amended by L. 2007, Ch. 168, section 2 and L. 2007, Ch. 181, section 9; K.S.A. 12-4101; 12-4104, as amended by L. 2007, Ch. 168, section 3; 21-3105; K.S.A. 2006 Supp. 21-3412a, 21-3701, 21-3707; K.S.A. 22-2601, 65-4162.

Download or read book Attorney General Opinion No 1978 002 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: No docket or other fee should be assessed for the filing of a complaint or order pursuant to K.S.A. 17-4759(d) with the clerk of the district court.