Download or read book Attorney General Opinion No 1984 018 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 city may, by charter ordinance, exempt itself from the limitations upon cereal malt beverage license fees prescribed by K.S.A. 41-2702. Such a charter ordinance may prescribe the amount of such license fees, or may authorize the governing body to prescribe the amount by ordinary ordinance adopted by the governing body. Cited herein: K.S.A. 41-2702.
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 Cited herein: K.S.A. 1983 Supp. 21-3913; 45-201 (both repealed, L. 1984, ch. 187); 74-2012, as amended by L. 1984, ch. 282, section l; L. 1983, ch. 171, section 11, L. 1984, ch. 187, sections 6, 11; L. 1984, ch. 282,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 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 1984 074 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: Section 3 of chapter 358 of the session laws of 1984 makes it unlawful for any person to sell or distribute smokeless tobacco to any person under the age of 18 years. Smokeless tobacco includes any tobacco product which is suitable for chewing, as defined by K.S.A. 79-3370. Unlike the cereal malt beverage laws at K.S.A. 41-2701 e̲t̲ s̲e̲q̲., the new act contains no prohibition on either the possession of smokeless tobacco by persons under the age of 18 or the dispensing by minors of such products. Accordingly, it is not a violation of the law for a retailer who sells such products to employ minors who assist in the handling or sale of smokeless tobacco. Cited herein: K.S.A. 41-2708, K.S.A. 1983 Supp. 41-2721, K.S.A. 79-3370, L. 1984, ch. 358.
Download or read book Attorney General Opinion No 1984 122 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: The common law doctrine of incompatibility of offices precludes one person from simultaneously holding the offices of city council member and clerk of the municipal court in a city of the third class having a mayor-council form of government. Cited herein: K.S.A. 12-4108.
Download or read book Attorney General Opinion No 1984 001 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 municipality, through the exercise of constitutional home, rule powers, may grant to the municipal court the power to impose contempt sanctions against persons who fail to obey the subpoenas of a municipal administrative agency. Cited herein: K.S.A. 12-4101, 12-4104, 12-4105, 12-4106, 12-4204, 12-4602, Kan. Const. Art. 12, section 5.
Download or read book Attorney General Opinion No 1984 050 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: In making recommendations as to the zoning of an individual parcel of land, a planning commission acts in a quasi-judicial, rather than a legislative, function. As such, its deliberations may be held in closed session, as a specific exception to the Kansas Open Meetings Law, K.S.A. 75-4317 e̲t̲ s̲e̲q̲. For purposes of the Open Meetings Law, "binding action" would occur when the commission votes to approve or deny a particular request, and would have to be done in an open meeting. Further, In that K.S.A. 12-708 requires the commission to adopt its recommendations by affirmative vote at the conclusion of the hearing, it is not possible to have a binding vote before such recommendations, in the form of specific findings, are prepared. Cited herein: K.S.A. 12-708, K.S.A. 1983 Supp. 75-4318, 75-4319.
Download or read book Attorney General Opinion No 1984 060 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: No state statute prescribes a procedure whereby a city of the third class may change from the commission form of government to the mayor-council form of government. However, the governing body of such a city may, by ordinance adopted pursuant to home rule powers, prescribe that the city shall revert to the mayor-council form of government on the date of the next city election, and provide for the election of a mayor and five council members at that election. Cited herein: K.S.A. 12-184, 12-1019, 12-1027, 12-1035, 12-1036h, 12-10a09, 13-1812, 14-1807, 15-124, 15-1201, 15-1704, Kan. Const., Art. 12, section 5.
Download or read book Attorney General Opinion No 1984 032 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: K.S.A. 19-702 provides that it is the duty of the county attorney to prosecute all cases arising out of the criminal statutes of this state which arise in his or her county. If such a violation occurs, it is immaterial whether it takes place within or without the limits of any city located in the county, or whether the officer issuing the citation or making the arrest is an employee of the city or county. In any violation of a state criminal statute, it is the function of the county attorney to prosecute, and such prosecution may not be declined, or additional conditions attached (i̲.̲e̲.̲ payment of costs) on the grounds that the violation took place within the city. Cited herein: K.S.A. 1983 Supp. 8-1567, K.S.A. 12-4111, 12-4113, 19-702, 19-706b.
Download or read book Attorney General Opinion No 1984 047 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: Pursuant to the restrictions of K.S.A. 17-5904, and subject to exemptions prescribed therein, corporations (other than family farm corporations and authorized farm corporations) may not own agricultural land in this state. An investment plan whereby a corporation (other than a family farm corporation or authorized farm corporation) would own agricultural land, subject to a "buyback option," would violate the restrictions of the aforesaid statute. Cited herein: K.S.A. 1983 Supp. 17-5903, K.S.A. 17-5904.
Download or read book Attorney General Opinion No 1984 057 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: 1984 Senate Bill No. 858 reduces the sentences which may lawfully be imposed upon persons convicted of Class D or E felonies which are not included in articles 34, 35 or 36 of chapter 21 of the Kansas Statutes Annotated. An attempt to commit a felony contained in these three articles is defined as a distinct criminal act by article 33 of the same chapter. Thus, the exclusion of these three articles from the provisions of the bill does not extend to attempts to commit such crimes. Under the terms of this bill, the sentencing court must review the sentence of a person convicted of a non-excluded D or E felony and, at the discretion of the court, reduce the minimum term of imprisonment to the new limits in K.S.A. 1983 Supp. 21-4501, as amended. Such a review and possible reduction is also required for persons who were sentenced for the included felonies within the time frame established by the bill, but who were placed on probation and who remain subject to possible imprisonment should the conditions of their probation be violated. Cited herein: K.S.A. 1983 Supp. 21-3301, 21-4501, 21-4602, 21-4610, K.S.A. 21-4618, 22-3716, 1984 Senate Bill No. 858.
Download or read book Attorney General Opinion No 1984 091 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: The legislature may refuse to appropriate moneys to provide funds for a̲ ̲p̲a̲r̲t̲i̲c̲u̲l̲a̲r̲ lease of office space already entered into by a state agency and may direct that no appropriated moneys shall be used for such purpose. However, the legislature may not prescribe that an agency may not enter into a̲n̲y̲ lease for office space without the prior approval of the State Finance Council or some other legislatively-dominated committee. Such a limitation on prospective action by a state agency violates the doctrine of separation of powers and is unconstitutional. Attorney General Opinion No. 81-83 is reaffirmed. Cited herein: K.S.A. 75-3708, 75-3711, K.S.A. 1983 Supp. 75 -3711c, 75-3725a, L. 1984, ch. 23, section 5, L. 1984, ch. 244, sections 1, 2, 23, L. 1981, ch. 32, section 69.
Download or read book Attorney General Opinion No 1984 126 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: The names of juveniles aged 16 or 17 years of age who have committed a public offense may be entered into the NCIC system. Cited herein: K.S.A. 1983 Supp. 38-1607, 38-1608.
Download or read book Attorney General Opinion No 1984 119 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: Pursuant to K.S.A. 1983 Supp. 22-4501 e̲t̲ s̲e̲q̲., the State Board of Indigent Defense Services has the authority to deny authorization of claims for compensation in cases where the attorneys seeking compensation were appointed without regard to the applicable system for providing legal services to indigent defendants as established by the board. Cited herein: K.S.A. 1983 Supp. 22-4501; 22-4503; 22-4507; 22-4522; 22-4523.
Download or read book Attorney General Opinion No 1984 020 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: Pursuant to the provisions of K.S.A. 68-423b e̲t̲ s̲e̲q̲., the secretary of transportation is authorized to acquire property for use as roadside parks and rest areas, and to establish, construct and maintain such parks and rest areas. The secretary of transportation has general supervision over the maintenance of all roads, and has authority to dispose of any real estate, or interest therein, when the same is no longer needed for state highway purposes. Pursuant to these powers, the secretary may close roadside parks and rest areas, and dispose of real property, or interests therein, used for such purposes. The power to close a roadside park or rest area which was established through cooperation with the federal government, or local units of government, is subject to any contractual conditions governing the closing of such parks or rest areas. Cited herein: K.S.A. 1983 Supp. 68-404, 68-413, K.S.A. 68-423b, 68-423f.
Download or read book Attorney General Opinion No 1984 023 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: K.S.A. 1983 Supp. 8-1567 (c), (d) and (e) provide that a person convicted of a violation of the statute is not eligible for probation or suspension or reduction of sentence until the minimum time of imprisonment has been served. While the term "parole" is not specifically used, the statute must be construed to include parole within those actions which are not allowed before the minimum sentence is served. Cited herein: K.S.A. 1983 Supp. 8-1567, K.S.A. 12-4511.
Download or read book Attorney General Opinion No 1984 083 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: The filing of the 1875 plat of the City of McPherson did not result in a statutory dedication of Block 56 thereof to the public use of McPherson County, and the subsequent deed conveying such property to the County did not result in a common law dedication to public uses. Cited herein: K.S.A. 12-401, 12-406 (as amended by L. 1984, ch. 65, section 1).
