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Attorney General Opinion No. 1986-072

Attorney General Opinion No. 1986-072 PDF Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :

Book Description
The express language of K.S.A. 1985 Supp. 41-2708(a)(10) states that a county or city shall suspend or revoke the license of a cereal malt beverage licensee if the licensee employs any person who has been adjudged guilty of any violation of the intoxicating liquor laws. The legislature has distinguished between managerial and other types of employees, however, in allowing a licensee to employ as a manager or agent any person convicted of an intoxicating liquor law, as long as the conviction occurred more than two years prior to the date the licensee made application for the license. Cited herein: K.S.A. 41-2703; K.S.A. 1985 Supp. 41-2708.

Attorney General Opinion No. 1986-072

Attorney General Opinion No. 1986-072 PDF Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :

Book Description
The express language of K.S.A. 1985 Supp. 41-2708(a)(10) states that a county or city shall suspend or revoke the license of a cereal malt beverage licensee if the licensee employs any person who has been adjudged guilty of any violation of the intoxicating liquor laws. The legislature has distinguished between managerial and other types of employees, however, in allowing a licensee to employ as a manager or agent any person convicted of an intoxicating liquor law, as long as the conviction occurred more than two years prior to the date the licensee made application for the license. Cited herein: K.S.A. 41-2703; K.S.A. 1985 Supp. 41-2708.

Attorney General Opinion No. 1988-072

Attorney General Opinion No. 1988-072 PDF Author: Robert T. Stephan
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Languages : en
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Book Description
An appointed non-lawyer member may not continue membership on the judicial nominating committee once that member has been granted a temporary permit to practice law. Cited herein: K.S.A. 20-119; 20-120, 20-123; 20-124; 20-125; 20-127; Supreme Court Rule 705.

Attorney General Opinion No. 1987-072

Attorney General Opinion No. 1987-072 PDF Author: Robert T. Stephan
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Languages : en
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Book Description
1987 House Bill No. 2273 defines "qualified elector" for purposes of municipal bond elections to include any person 18 years of age or over owning land within the limits of the municipality, even if that person is not a resident therein. Applying this definition of "qualified elector" to all municipal bond elections would violate Article 5, section 1 of the Kansas Constitution. Cited herein: K.S.A. 1986 Supp. 10-120; K.S.A. 12-105; K.S.A. 1986 Supp. 19-27a03; K.S.A. 19-3802; 24-410; 24-507; 24-605; 82a-602; 82a-1021(e); Ks. Const., Art. 5, section 1; Art. 11, section 7.

Attorney General Opinion No. 1981-072

Attorney General Opinion No. 1981-072 PDF Author: Robert T. Stephan
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Languages : en
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Book Description
Except as limited by the state constitution and the grant of authority to the federal, government by the federal constitution, the power of the state legislature is absolute with respect to all offices it creates. Such power includes the authority to shorten or lengthen the term of a public office, even though the effect may be to curtail or extend an incumbent's unexpired term. Thus, the provisions of K.S.A. 1980 Supp. 24-412 which extend the terms of office of drainage district directors elected in March of 1980 until April of 1983 represent a valid exercise of legislative authority. Cited herein: K.S.A. 1980 Supp. 24-409, 24-412, Kan. Const., Art. 2, section 18, Art. 15, section 1, L. 1980, ch. 107.

Attorney General Opinion No. 1989-072

Attorney General Opinion No. 1989-072 PDF Author: Robert T. Stephan
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Languages : en
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Book Description
T̲h̲e̲ ̲W̲y̲a̲n̲d̲o̲t̲t̲e̲ ̲E̲c̲h̲o̲, in its current form, qualifies as a newspaper in which legal notices may be published pursuant to K.S.A. 1988 Supp. 64-101. Cited herein: K.S.A. 1988 Supp. 64-101.

Attorney General Opinion No. 1986-162

Attorney General Opinion No. 1986-162 PDF Author: Robert T. Stephan
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Languages : en
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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.

Attorney General Opinion No. 1985-072

Attorney General Opinion No. 1985-072 PDF Author: Robert T. Stephan
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Languages : en
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A city may use moneys credited to a special liability expense fund to purchase tort liability insurance, but may not use such moneys to construct a "holding pond" on city property. While a city may reduce or eliminate the tax levy authorized by subsection (c) of K.S.A. 75-6110, it may not transfer tax moneys in the special liability expense fund to the general fund of the city. Cited herein: K.S.A. 75-6110, 75-6111, 79-5001, 79-5016; Kan. Const., Art. 11, section 5.

Attorney General Opinion No. 1986-020

Attorney General Opinion No. 1986-020 PDF Author: Robert T. Stephan
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Languages : en
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Book Description
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.

Attorney General Opinion No. 1986-130

Attorney General Opinion No. 1986-130 PDF Author: Robert T. Stephan
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Languages : en
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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.

Attorney General Opinion No. 1986-148

Attorney General Opinion No. 1986-148 PDF Author: Robert T. Stephan
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Languages : en
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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.