Download or read book Attorney General Opinion No 1986 133 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: K.S.A. 1985 Supp. 75-4318(b)(1) provides that if a request for notice of meetings subject to the Kansas Open Meetings Act (KOMA) is made by petition, notice is required to be given only to a designated person. We conclude that the request for notice submitted for our opinion constitutes a petition for purposes of the KOMA. Individual notice, therefore, is not required to be given to each person on the list. If individual requests for notice are made, however, notice must be given either in writing or by telephone to each person. We note that, if a public body has regularly scheduled meetings, the notice requirement is met by providing a single notice containing a list of such meetings. Additional notice must be given, however, of any changes or special meetings. Under the open meetings law a distinction is made between the requirements concerning notice and agenda. While notice must be f̲u̲r̲n̲i̲s̲h̲e̲d̲ to the person requesting it, K.S.A. 1985 Supp. 75-4318(b), an agenda must be m̲a̲d̲e̲ ̲a̲v̲a̲i̲l̲a̲b̲l̲e̲ to the requester if one is prepared, K.S.A. 1985 Supp. 75-4318(d). We affirm our previous opinion, No. 79-218, that a public body is not required to mail copies of an agenda if it can be obtained at a public place. Cited herein: K.S.A. 25-3601; 72-8801; 75-4317; K.S.A. 1985 Supp. 75-4318.

Download or read book Attorney General Opinion No 1986 148 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: A search warrant maybe issued by a district magistrate judge upon the sworn oral or written statement of a city attorney. Municipal law enforcement officers may execute such warrant, and property seized pursuant to the warrant may be admissible as evidence in a municipal court. However, K.S.A. 1985 Supp. 8-1001(f) precludes the use of a search warrant to obtain a blood sample from a person who has refused to submit to a blood, breath or urine test pursuant to that statute. An ordinance authorizing such procedure would be in conflict with the state statute prohibiting further testing after an informed refusal. Cited herein: K.S.A. 1985 Supp. 8-1001, as amended by L. 1986, ch. 40, section 2; K.S.A. 1985 Supp. 8-1005, as amended by L. 1986, ch. 41, section 1; K.S.A. 1985 Supp. 8-1567(m); K.S.A. 12-4504; K.S.A. 1985 Supp. 22-2202, as amended by L. 1986, ch. 133, section 1; K.S.A. 22-2502; 22-2503; 22-2507; L. 1986, ch. 40, section 1.

Download or read book Attorney General Opinion No 1986 161 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: Any law enforcement officer may execute an arrest warrant within the officer's jurisdictions. Cited Herein: K.S.A. 19-812a; K.S.A. 1985 Supp. 22-2202, as amended by L. 1986, ch. 133, 150; K.S.A. 22-2305; K.S.A. 1985 Supp. 22-2401a.

Download or read book Attorney General Opinion No 1986 054 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: Whether the wheat commission is designated a "fee agency" is not determinative of whether it should be required to pay 20% of the taxes it collects pursuant to K.S.A. 1985 Supp. 2-2608 into the state general fund. The statutes require the wheat commission to make that contribution, and the legislature has authority under Article 11, Section 4 of the Kansas Constitution to enact such a requirement. Cited herein: Kan. Const., Art. 11, section 4; K.S.A. 1985 Supp. 2-2608; K.S.A. 2-2609; 75-3170, 75-3170a, 77-133.

Download or read book Attorney General Opinion No 1985 133 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: In cases in which a defendant is charged with violating the "p̲e̲r̲ s̲e̲" provision of the statute prohibiting driving under the influence of alcohol [K.S.A. 1984 Supp. 8-1567, as amended by L. 1985, Ch. 48, section 9], evidence regarding the validity of the blood alcohol test is relevant and admissible. Cited herein: K.S.A. 8-1567 as amended by L. 1985, Ch., 48, section 9; K.S.A. 60-407(f).

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 1986 130 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: K.S.A. 1985 Supp. 21-4602, as amended by L. 1986, ch. 123, provides that the court retains jurisdiction over a person assigned to community corrections. Cited herein: K.S.A. 1985 Supp. 21-4602, as amended by L. 1986, ch. 123, section 5.

Download or read book Attorney General Opinion No 1986 020 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: A state or national bank which receives a deposit of state moneys is required to secure the account by a pledge of securities. K.S.A. 1985 Supp. 75-4218. Direct obligations of the United States government or its agencies are qualified securities, as are obligations insured as to principal and interest by the United States government or one of its agencies. K.S.A. 75-4201(p)(1). Cited herein: K.S.A. 75-4201; K.S.A. 1985 Supp. 75-4218; K.S.A. 75-4221; 7 U.S.C. sections 1981; 1988; 12 U.S.C. sections 1435; 1455; 1717; 1719; 1721; 15 U.S.C. sections 633; 634; 16 U.S.C. sections 831n-1; 831n-3; 831n-4; 31 U.S.C. section 3123; 42 U.S.C. sections 3534; 4514.

Download or read book Attorney General Opinion No 1986 162 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: K.S.A. 75-4319(b)(2) authorizes public bodies subject to the Kansas Open Meetings Act (KOMA) to recess into an executive session for the purpose of "consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship ..." The term "consultation" as used in the KOMA necessarily implies the presence of an attorney. Even though a letter from an attorney to his client containing advice is a privileged communication, we must conclude that members of a public body cannot recess into an executive session to review and discuss among themselves a letter from their attorney. Therefore, it is our opinion that the "consultation with an attorney" exception to the open meetings law cannot be invoked unless the attorney for the body is present. Cited herein: K.S.A. 60-426; 75-4317; K.S.A. 1985 Supp. 75-4318(a); K.S.A. 75-4319.

Download or read book Attorney General Opinion No 1986 014 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: K.S.A. 1985 Supp. 8-1008 creates an alcohol and drug safety action fund for each court which enforces the provisions of K.S.A. 1985 Supp. 8-1567 or a municipal ordinance patterned after the statute. In the case of the municipal court of the City of Wichita, the fund is administered by the administrative judge. Insofar as the court itself has been designated as a community-based alcohol and drug safety action program by the administrative judge of the Eighteenth Judicial District [pursuant to K.S.A. 1985 Supp. 8-1008(b)], money from the fund may be expended by the court for personnel, equipment and facilities necessary to carrying out the provisions of this statute. In the absence of such designation by the administrative judge of the judicial district, the municipal court would be limited to the ten percent expenditure limit included in subsection (e) of the statute, as noted in Attorney General Opinion No. 85-68. Cited herein: K.S.A. 1985 Supp. 8-1008, 8-1567.

Download or read book Attorney General Opinion No 1986 033 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: K.S.A. 75-4319 provides that any motion to recess for a closed or executive session must include a statement of both the justification for closing the meeting and the subjects to be discussed. A public body adjourning to executive session pursuant to the exception for "personnel matters" must specify the subject to be discussed with a reasonable degree of specificity, although identification of the particular individual or individuals involved need not be made. Cited herein: K.S.A. 75-4317; 75-4319.

Download or read book Attorney General Opinion No 1983 133 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A city ordinance which purports to authorize "independent contractors" to exercise the sovereign power of the city is contrary to statewide public policy, and is void. However, individuals who act as city attorney and municipal judge, under such an ordinance, are d̲e̲ f̲a̲c̲t̲o̲ officers of the city, and their acts are valid insofar as they involve the public and third parties. Additionally, the legal and judicial services provided by said individuals constitute "employment," as said term is defined in the Old Age and Survivors Insurance Act, and social security contributions are payable by the city with respect to remuneration paid for such services. Cited herein: K.S.A. 40-2301, 40-2302, 40-2305, 60-1205, L. 1983, ch. 157, section 1, Kan. Const., Art. 9, section 5.

Download or read book Attorney General Opinion No 1980 133 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Provided constitutional and procedural standards are employed, the Kansas legislature may make unlawful the use of radar detection devices and provide penalties for use of such a device and allow seizure thereof. Cited herein: 47 U.S.C. sections 151, e̲t̲ s̲e̲q̲.

Download or read book Attorney General Opinion No 1986 152 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: The United States Environmental Protection Agency allows for the use of a parent corporate guarantee as an additional financial responsibility mechanism for subsidiary owners and operators of hazardous waste facilities to comply with the third-party liability requirements of 40 C.F.R. sections 264.147 and 265.147. Regardless whether this guarantee is defined as "insurance," it is enforceable against the parent company. Cited herein: K.S.A. 1985 Supp. 40-2702; K.A.R. 28-31-8; 40 C.F.R. sections 264.147; 265.147.

Download or read book Attorney General Opinion No 1986 013 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: K.S.A. 1985 Supp. 75-4218 provides that all state bank accounts shall be secured by a pledge of securities owned by each bank receiving a deposit. The term "securities" is defined by K.S.A. 75-4201(p)(1) to include direct obligations of, or obligations that are insured by, the United States government or one of its agencies. By virtue of 12 U.S.C. 52001 e̲t̲ s̲e̲q̲., federal land banks, land bank associations, production credit associations, intermediate credit banks and banks for cooperatives are "federally chartered instrumentalities". This term has been interpreted by courts in Kansas and elsewhere as not raising them to the level of federal agencies. Accordingly, under K.S.A. 75-4201 as it now reads, obligations of these federally chartered instrumentalities may not be pledged to secure the deposit of state funds in Kansas banks. However, due to a 1983 amendment to K.S.A. 1984 Supp. 19-1402, such obligations may be used as security for the deposit of m̲u̲n̲i̲c̲i̲p̲a̲l̲ funds. Cited herein: K.S.A. 1985 Supp. 9-1402; K.S.A. 75-4201; K.S.A. 1985 Supp 75-4218; L. 1983, ch. 47, section 3; 12 U.S.C. sections 2011, 2012, 2031, 2033, 2071, 2072, 2091, 2093, 2121, 2122, 2155, 2157.

Download or read book Attorney General Opinion No 1986 138 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: Under its police power, a state may reimburse itself for the cost of regulating and supervising a business by assessing the necessary expenses to the business which created the necessity for such regulation and supervision. Use of conservation fee fund monies for the prevention and cleanup of pollution from oil and gas activities regulated by the state corporation commission is sufficiently related to the regulatory function to make its use for such purposes a valid exercise of the police power. The conservation fee fund may be used to fund the study and cleanup of oil and gas pollution pursuant to section 37 of 1986 House Bill No. 3078 (K.S.A. 55-143, as amended by 1986, ch. 201, section 37), to the extent that such study and cleanup are reasonably related to those activities of the oil and gas industry which are regulated by the commission. Use of the conservation fee fund by the state corporation commission for those oil and gas activities it does not regulate (as authorized by K.S.A. 55-143, as amended by L. 1986, ch. 201, section 37, which references subsection (a)(2)(A)-of K.S.A. 65-171d, as amended by L. 1986, ch. 201. section 22), is contrary to the findings of the Kansas Supreme Court in P̲a̲n̲h̲a̲n̲d̲l̲e̲ ̲E̲a̲s̲t̲e̲r̲n̲ ̲P̲i̲p̲e̲l̲i̲n̲e̲ ̲v̲.̲ ̲F̲a̲d̲e̲l̲e̲y̲. Such use exacts revenue from the oil and gas industry under the guise of a regulatory fee in violation of article 11, section 1 of the Kansas Constitution, and the commerce clause and the Fourteenth Amendment of the United State Constitution. Cited herein: Kans. Const., Art. 11, section 1; U.S. Const., Fourteenth Amendment; K.S.A. 55-131; 55-143; 65-171d, as amended by L. 1986, ch. 33, section 10(f); L. 1986, ch. 201, sections 1, 2, 10, 17, 22, 28, 37, 39 and 40; and K.A.R. 28-41-1.

Download or read book Attorney General Opinion No 1986 165 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: The Secretary of Administration has the authority to enter into an agreement with a non-profit corporation whereby that corporation, at its own expense, will plan and construct a Fountain of Justice, dependent upon the Secretary's approval, on state-owned property. The Secretary may further agree to maintain such fountain, provided the agreement complies with relevant budget laws. Cited herein: K.S.A. 75-1203; 75-1254, as amended by L. 1986, ch. 317, section 1; K.S.A. 75-2236; K.S.A. 1985 Supp. 75-3717; K.S.A. 75-3741; 75-3762; 75-3763; 75-3764.