Download or read book Attorney General Opinion No 1998 030 written by Carla J. Stovall and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The administrative handling cost paid by the issuer of a worthless check under K.S.A. 1997 Supp. 21-3707 should be deposited in a trust fund separate from the county general fund. Money in the trust fund should be used to defray the expenses of the county attorney in collecting on worthless checks or for the normal operating expenses of the county attorney's office. Expenditures from the trust fund should be debited against the trust fund. Cited herein: K.S.A. 1997 Supp. 21-3707; L. 1996, Ch. 203, section 1.

Download or read book Attorney General Opinion No 1996 030 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Kansas Supreme Court has the inherent power to prescribe conditions for admission to the bar and to regulate and control the practice of law. While there are statutes that relate to the practice of law, such statutes are effective only when in accord with the inherent power of the judiciary. Both K.S.A. 44-536(a) and rule 1.5(d) of the Kansas model rules of professional conduct adopted by Supreme Court rule 226 deal with how attorney fees in contingent fee cases are calculated. Because both the court's rule and the statute are intended to achieve the same goal, the legislation does not have a deleterious impact on the court's function. For this reason, K.S.A. 44-536(a) does not amount to a usurpation of power in contravention of the separation of powers doctrine and therefore is a statutory enactment which the court would sanction as in accord with the court's inherent power to regulate and control the practice of law. Cited Herein: K.S.A. 7-103; 7-104; 7-106; 7-108; 7-109; 7-111; K.S.A. 1995 Supp. 7-121b; K.S.A. 44-510c; 44-521; 44-531; 44-536.

Download or read book Attorney General Opinion No 1998 046 written by Carla J. Stovall and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 14-1302, which prohibits under certain conditions a city commission from appointing one of its former members to a city office, is subject to charter ordinance because it does not apply uniformly to all cities. However, the common law may still preclude a city commission from appointing one of its members to the office of city manager even if the member resigns his commission position unless the charter ordinance contains specific provisions that have the effect of abrogating the common law prohibition. Cited herein: K.S.A. 12-1011; 12-1014; 14-1302.

Download or read book Attorney General Opinion No 1998 010 written by Carla J. Stovall and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Takings Clause of the Fifth Amendment to the United States Constitution prohibits the government from taking private property for public use without just compensation. A moratorium on new water pollution control permits for new confined feeding facilities would not effect a compensable taking pursuant to the per se category of invasive takings which are those governmental regulations that compel the property owner to suffer a physical invasion of his property. Nor does it appear that a moratorium on new water pollution control permits for new confined feeding facilities would constitute a compensable taking pursuant to the per se category of economic takings which are those governmental regulations that ban all economically beneficial uses of land. Whether such a moratorium would result in a compensable taking for failure to substantially advance a legitimate state interest depends on (1) the nature of the governmental action, (2) the severity of the economic impact on the affected property owner and (3) the degree of interference with the affected property owner's reasonable investment-backed expectations. Cited herein: U.S. Const., Amends. V and XIV; K.S.A. 1997 Supp. 65-171d; K.A.R. 28-18-2; 28-18-3.

Download or read book Attorney General Opinion No 1998 008 written by Carla J. Stovall and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The federal Family Educational Rights and Privacy Act, FERPA, requires covered universities to keep education records confidential. Law enforcement records are exempt from FERPA confidentiality requirements, while disciplinary records are subject to those requirements. Whether student parking tickets are law enforcement records or disciplinary records depends on the facts. Cited herein: K.S.A. 1997 Supp. 74-3209; 74-3219; K.S.A. 75-4506, 74-4508; 20 U.S.C.A. section 1232g (Supp. 1997); 34 C.F.R. section 99.

Download or read book Attorney General Opinion No 1998 039 written by Carla J. Stovall and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A regional library created pursuant to K.S.A. 12-1231 et seq. is a taxing subdivision for purposes of exempting itself from the tax lid law pursuant to K.S.A. 79-5036(c) and a political subdivision for purposes of having an employee benefits contribution fund established for it pursuant to K.S.A. 12-16,102. Cited herein: K.S.A. 12-1231; 12-1232; 12-1233; 12-1234; 12-16,102; 79-5021; 79-5036.

Download or read book Attorney General Opinion No 1998 048 written by Carla J. Stovall and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A person who distributes hypodermic needles in a needle exchange program with reasonable knowledge that the needles will be used to inject a controlled substance into the human body, risks violating K.S.A. 1997 Supp. 65-4153. Cited herein: K.S.A. 21-3209; 65-101; 65-202; 65-301; 65-4150; K.S.A. 1997 Supp. 65-4153; K.S.A. 65-6003; L. 1988, Ch. 232, sections 1-9.

Download or read book Attorney General Opinion No 1998 044 written by Carla J. Stovall and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The pursuit of a "common calling," the right to practice one's chosen profession, is a fundamental privilege protected by of Article IV, Section 2 of the United States Constitution, commonly referred to as the Privileges and Immunities Clause. The ability to engage in business as a pawnbroker or precious metal dealer is as much a "common calling" as any other occupation or profession and is thus a protected privilege under the Clause. In the absence of any known substantial rationale to justify Kansas residency for persons who wish to engage in business as a pawnbroker or precious metal dealer, the Kansas statutory provisions which establish such a requirement are found to violate Article IV, Section 2 of the United States Constitution. Cited herein: K.S.A. 16-708. U.S. Const., Art. 4, section 8.

Download or read book Attorney General Opinion No 1998 032 written by Carla J. Stovall and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Director of Investments of the Pooled Money Investment Board is authorized to invest state moneys in tri-party repurchase agreements under K.S.A. 75-4207(a)(2) if certain conditions set forth herein are met. Cited herein: K.S.A. 12-1675; 75-4201; 75-4205; 75-4209; 75-4232; 75-4234; K.A.R. 122-1-1; 122-3-7; 11 U.S.C. section 101.

Download or read book Attorney General Opinion No 1998 016 written by Carla J. Stovall and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In performing the duties required under the Campaign Finance Act and the State governmental ethics provisions, the Kansas Commission on Governmental Standards and Conduct acts in the interests and for the benefit of the State. The functions performed by the Commission under such statutory provisions are governmental in nature. Therefore, statutes of limitation are not applicable to the Commission's actions. Cited herein: K.S.A. 25-4119a; 25-4142; 25-4160; 25-4161; 25-4166; 46-215; 46-253; 46-255; 46-256; 46-260; 46-262; 60-521; K.A.R. 19-1-1.

Download or read book Attorney General Opinion No 1998 059 written by Carla J. Stovall and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Unified school districts are required by subsection (b) of K.S.A. 1997 Supp. 72-89b03, as amended by L. 1998, Ch. 171, section 4, to adopt a policy establishing a procedure for reporting to the police, county attorney, Attorney General, Kansas Highway Patrol, or other similar law enforcement agency, as appropriate, acts which have been committed at school, on school property, or at a school supervised activity when the acts involve conduct which constitutes the commission of a felony or misdemeanor or the possession, use, or disposal of explosives, firearms, or other weapons. A unified school district may adopt a policy whereby all reports of incidents are made to an employee designated by the board of education of a unified school district. The designated employee may then review the reports. If it is determined that the incident involved conduct which constitutes the commission of a felony or a misdemeanor, or which involves the possession, use or disposal of explosives, firearms, or other weapons, the law requires the designated employee to forward the report to the appropriate law enforcement agency. A school policy providing for the reporting of an incident to a school resource officer who is employed by the police department or other law enforcement agency as a law enforcement officer may fulfill the requirements of K.S.A. 1997 Supp. 72-89b03 if such manner of reporting is acceptable to the law enforcement agency. Cited herein: K.S.A. 1997 Supp. 21-4502; 21-4503a, as amended by L. 1998, Ch. 192, section 5; K.S.A. 72-8222; K.S.A. 1997 Supp. 72-89b01; 72-89b03, as amended by L. 1998, Ch. 171, section 4; 72-89b04; 74-5602; K.S.A. 1985 Supp. 74-5602; L. 1996, Ch. 87, section 2; L. 1995, Ch. 123, section 3; L. 1987, Ch. 277, sections 1, 2.

Download or read book Official Opinions of the Attorneys General of the United States Vol 30 written by George Kearney and published by Forgotten Books. This book was released on 2017-10-30 with total page 670 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from Official Opinions of the Attorneys General of the United States, Vol. 30: Advising the President and Heads of Departments in Relation to Their Official Duties Also comm G citations OP acts OF congress, the revised statutes, the constitution, treaties and conventions, opinions OF the attorneys general, AN index TO subjects, and AN index-digest. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Download or read book Attorney General Opinion No 1998 028 written by Carla J. Stovall and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Under K.S.A. 47-632, the Livestock Commissioner does not have a statutory responsibility to indemnify the owner of an individual domestic animal, except for a bovine, which the Commissioner condemns due to the animal being affected with tuberculosis. By contrast, K.S.A. 47-633a applies when an entire herd of domestic animals, as defined, is condemned by the Livestock Commissioner because tuberculosis has been diagnosed in any animal within the herd. In that event the Livestock Commissioner is required to indemnify the herd owner based on an established formula for animals in the condemned herd regardless of type, although maximum amounts are set for bovines. Thus the Livestock Commissioner does not have a statutory responsibility to indemnify the owner of individual elk which the Commissioner may condemn due to the animal being affected with tuberculosis, but does have such responsibility if an entire herd of elk are condemned. Cited herein: K.S.A. 47-632; 47-633a; K.S.A. 1997 Supp. 47-635; K.A.R. 9-29-1; L. 1911, Ch. 312, section 23; L. 1911, Ch. 322, section 26; L. 1945, Ch. 230, section 1; L. 1969, Ch. 259, section 1; L. 1969, Ch. 259, section 2; L. 1978, Ch. 206, section 1; L. 1978, Ch. 206, section 2; L. 1993, Ch. 143, section 11; L. 1994, Ch. 79, section 4; L. 1996, Ch. 90, section 7.

Download or read book Attorney General Opinion No 1998 026 written by Carla J. Stovall and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A series of meetings, each of which involves less than a majority of a quorum of a public body, but collectively totaling a majority of a quorum, at which there is a common topic of discussion of the business or affairs of that body constitutes a meeting for purposes of the Kansas Open Meetings Act. Cited herein: K.S.A. 75-4317; 75-4317a; 75-4318.

Download or read book Attorney General Opinion No 1982 030 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: The Adjutant General may not exercise his rulemaking powers inconsistent with powers granted the governor regarding federally-subsidized flood insurance, pursuant to K.S.A. 48-938. Cited herein: K.S.A. 48-904, 48-907, 48-923, 48-938, 42 U.S.C.A. section 5121, Pub. L. 93-288 (1974).

Download or read book Attorney General Opinion No 1998 020 written by Carla J. Stovall and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 21-4206, which addresses the disposition of confiscated weapons when no longer needed for evidentiary purposes, does not authorize the sale of confiscated weapons and the retention of sale proceeds by a law enforcement agency. Cited herein: K.S.A. 21-4206.

Download or read book Attorney General Opinion No 1998 051 written by Carla J. Stovall and published by . This book was released on 1998 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to K.S.A. 21-3914, not all commercial use of public records is prohibited. The statute is violated only if the requestor intends to use the names and addresses in the records to contact those persons and solicit a sale. The term "person," for purposes of K.S.A. 21-3914, includes businesses. The Kansas Open Records Act does not require provision of records based upon a standing request or prospective request for documents not yet in existence. A request which is unreasonably burdensome need not be honored, but the public agency must cooperate with the requestor to provide access and copies, if possible. Cited herein: K.S.A. 21-3914; 45-215, K.S.A. 1997 Supp. 45-217; K.S.A. 45-218.