Attorney General Opinion No. 1985-045 PDF Download

Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :

View

Book Description
No fee is authorized and no fee should be charged by a register of deeds when filing a judgment pursuant to K.S.A. 60-2201(b). Cited herein: K.S.A. 1984 Supp. 28-115; K.S.A. 60-2201.

Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :

View

Book Description
The Kansas Open Records Act, K.S.A. 1984 Supp. 45-215 e̲t̲ s̲e̲q̲., is not violated by a public agency's refusal to allow public access to certain reports upon their compilation. However, access must be granted when such reports are reviewed in an open meeting or distributed to a majority of a quorum of that agency's subcommittee. Cited herein: K.S.A. 1984 Supp. 45-217; 45-221; K.S.A. 75-4318(a), as amended by L. 1985, ch. 284, section 1.

Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :

View

Book Description
K.S.A. 1985 Supp. 21-3914 and K.S.A. 1985 Supp. 45-220 limit the use of information obtained from public records so as to prohibit commercial solicitation of persons whose names and addresses are of record. Using information from the tax rolls to produce land "ownership maps" is not prohibited. In this case, names and addresses taken from public records are not used to solicit those persons to purchase property or services; rather, they are used for information purposes to determine land ownership and location. Cited herein: K.S.A. 1985 Supp. 21-3914; 45-220; 45-221.

Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :

View

Book Description
K.S.A. 1984 Supp 8-1341a provides that speeding convictions for traveling not more than 10 miles per hour in excess of the 55 miles per hour speed limit shall not be part of the public record and shall not be considered by any insurance company in establishing rates for an automobile liability insurance policy or cancelling such coverage. However, the statute does not have the effect of closing any other records concerning arrests, issuance of citations or judicial proceedings. While K.S.A. 1984 Supp. 74-2012(b)(1) and (2) permit the release of information by the division of vehicles or a law enforcement agency to insurers who are processing applications for, or renewing or cancelling, motor vehicle liability insurance policies, such a release involves only information in the public record. As information concerning the convictions specified in K.S.A. 1984 Supp. 8-1341a is not part of the public record, it is not subject to being released under the provisions of K.S.A. 1984 Supp. 74-2012. Cited herein: K.S.A. 8-1001, K.S.A. 1984 Supp. 8-1341a, 21-3914, 45-217, 45-221, 74-2012.

Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :

View

Book Description
The common law doctrine of incompatibility of offices does not preclude one person from simultaneously holding the offices of deputy sheriff and mayor of a third class city having the mayor-council form of government. Cited herein: K.S.A. 15-301, 15-308, K.S.A. 1984 Supp. 19-805, K.S.A. 19-812, 19-813.

Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :

View

Book Description
The Kansas Open Records Act, K.S.A. 1985 Supp. 45-215 e̲t̲ s̲e̲q̲., does not require a public agency to prepare a report in a particular form to satisfy a request for information. A public agency is only required to make available to the public those records which it makes, maintains, keeps or possesses. Further, a public agency is not required to prepare a statistical report based on information contained in records exempted under K.S.A. 1985 Supp. 44-221(a), as disclosure of these records is discretionary with the agency. Cited herein: K.S.A. 1985 Supp. 45-216; 45-217; 45-221.

Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :

View

Book Description
A person has no absolute right to inspect every record bearing his or her name or social security number which is maintained by a public agency, nor does a parent, solely by virtue of his or her parentage, have an absolute right to inspect records and reports maintained by the Department of Social and Rehabilitation Services concerning abuse or neglect of his or her child. Cited herein: K.S.A. 38-1507, as amended by L. 1985, Ch. 145, section 1; K.S.A. 1984 Supp. 45-221; 5 U.S.C. section 552a.

Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :

View

Book Description
The decision of the United States Supreme Court in R̲o̲e̲ ̲v̲.̲ ̲W̲a̲d̲e̲, 410 U.S. 113, 93 S. Ct. 705, 35 L. Ed. 2d 147 (1973), permits a state to regulate or even prohibit abortion after the stage of viability, except where it is necessary, in appropriate medical judgment, to preserve the life or health of the mother. Such regulations must be narrowly tailored to fit the precise state interest at stake. As a result, attempts to specify a particular time during a pregnancy when viability occurs or to interfere with the judgment of the attending physician have been struck down as unconstitutional, although general prohibitions on post-viability abortions have been upheld. Cited herein: U.S. Const., Fourteenth Amend.

Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :

View

Book Description
As a result of the decision in G̲a̲r̲c̲i̲a̲ ̲v̲̲.̲ ̲S̲a̲n̲ ̲A̲n̲̲t̲o̲n̲i̲o̲ ̲M̲e̲t̲r̲o̲p̲o̲l̲i̲t̲a̲n̲ ̲T̲r̲a̲n̲s̲i̲t̲ ̲A̲u̲t̲h̲o̲r̲i̲t̲y̲, the Dickinson County sheriff's department is subject to the federal Fair Labor Standards Act. Department employees who meet the qualifications of 29 C.F.R. section 553.4 are entitled to the exemption from overtime in 29 U.S.C.A. section 207(k) if the employer so elects. As the department has more than four employees who are law enforcement officers, it is therefore not eligible for the exemption in 29 U.S.C.A. section 213(b)(20). Law enforcement employees who are subject to section 7(k) may work a maximum of 171 hours in a 28 day pay period. Following April 15, 1985, overtime is required to be paid to such employees for any hours over this amount. Cited herein: 29 U.S.C.A. sections 201, 203, 206, 207, 213, 216, 217; K.S.A. 19-803, 44-1203, 44-1204; 29 C.F.R. sections 516, 531, 541, 553, 778, 785; U.S. Supreme Court Rule 51, 52.

Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :

View

Book Description
The Kansas Open Public Records Act, K.S.A. 1984 Supp. 45-215 e̲t̲ s̲e̲q̲., establishes as a general policy of this state that public records shall be open for inspection by the public. While K.S.A. 1984 Supp. 45-221 creates certain categories of records which may be closed, such exceptions are effective only where disclosure is not required by other Kansas statutes. One such statute is K.S.A. 79-1458, which provides that all records of the county appraiser relating to the identification and appraisal of property shall be open to public inspection. Division of interests statements regarding oil or gas production used in assessing royalty owners are accordingly records subject to K.S.A. 79-1458, and so must be made open to inspection by the public, notwithstanding the provisions of the Open Records Act. Cited herein: K.S.A. 19-2601; K.S.A. 1984 Supp. 45-217; 45-221; K.S.A. 79-330; 79-1401; 79-1412a; 79-1458.