Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
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.
Author: American Bar Association. House of Delegates Publisher: American Bar Association ISBN: 9781590318737 Category : Law Languages : en Pages : 216
Book Description
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.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
When a county and city are both participating members in a regional system of cooperating libraries, the county may enter into a contract with the city to provide funding for the city library. However, such contract is independent of the provisions for assuring access to the city library for county residents, and the city may not require such county funding in order to assure library access for county residents. A county mill levy does not affect the regional system tax unless such levy is equal to or greater than the regional system tax. Cited herein: K.S.A. 12-1230; 19-117; 75-2547; 75-2549b; 75-2551; 75-2552; 75-2554; 79-1947; K.A.R. 54-1-8 (1984).
Author: Curt Thomas Schneider Publisher: ISBN: Category : Languages : en Pages :
Book Description
1978 Senate Concurrent Resolution No. 1640, which purports to rescind, effective March 22, 1979, 1972 House Concurrent Resolution No. 1155, contingent upon the failure of three fourths of the states to ratify the proposed equal rights amendment, is not invalid because it becomes effective at a date certain in the future upon the happening of a contingent event, nor does it represent an act which operates impermissibly to bind subsequent legislatures.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages : 0
Book Description
A corporation domiciled in a foreign country which meets the requirements of K.S.A. 1987 Supp. 17-5904(a)(7)(B) will not forfeit its exemption from the corporate farming law if the corporation changes its domicile to the State of Delaware. Cited herein: K.S.A. 17-5901; K.S.A. 1987 Supp. 17-5904.
Author: Carla J. Stovall Publisher: ISBN: Category : Languages : en Pages :
Book Description
Clear and convincing evidence is not a quantum of proof but, rather, a quality of proof. In a professional license or registration disciplinary proceeding, an agency should establish its claim by a preponderance of the evidence which is clear and convincing in nature. Evidence is clear if it is certain, unambiguous, and plain to the understanding. It is convincing if it is reasonable and persuasive enough to cause the trier of facts to believe it. Cited herein: K.S.A. 60-401; 77-501.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
Where an injunction prevents a governing body from dividing a city into wards (as required by K.S.A. 14-101) until 2 weeks before the city general election, K.S.A. 14-101 should be interpreted as requiring such division a̲f̲t̲e̲r̲ the election. Under such circumstances, council members who are elected on April 7, 1987, and other members of the governing body, will hold their offices until the next city election in an odd-numbered year (in the absence of a charter ordinance providing otherwise). Cited herein: K.S.A. 14-101, 14-103.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
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.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
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.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
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.
Author: Robert T. Stephan
Author: American Bar Association. House of Delegates
Author: Robert T. Stephan
Author: Curt Thomas Schneider
Author: Robert T. Stephan
Author: Carla J. Stovall
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan