Attorney General Opinion No. 1989-129 PDF Download

Author: Robert T. Stephan
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Languages : en
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A regional system of cooperating libraries created under K.S.A. 75-2547 e̲t̲ s̲e̲q̲. and a regional library created pursuant to K.S.A. 12-1231 e̲t̲ s̲e̲q̲. must follow the applicable procedures set forth in K.S.A. 19-101b in order to exempt such subdivision from the tax lid law, K.S.A. 1988 Supp. 79-5021 e̲t̲ s̲e̲q̲. K.S.A. 19-101b requires that a valid protest petition be signed by a number of electors of the subdivision equal to not less than 2% of the number of electors who voted at the last preceding November general election or 100 electors, whichever is greater. Protest petitions should be filed with the county election officer of the county in the subdivision with the highest population of such electors. Cited herein: K.S.A. 12-1231; 12-1232; 19-101b; 25-1117; 25-2007; 25-2104; 25-2110; 25-2110a; 25-2303; 25-2504; 75-2549b; 75-2550; K.S.A. 1988 Supp. 79-5036.

Author: Robert T. Stephan
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Languages : en
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While the Kansas Supreme Court has not specifically precluded the use of criminal sanctions to enforce the eight-hour work day regulations found at K.S.A. 44-201 e̲t̲ s̲e̲q̲., it has precluded that option for purposes of enforcing the wage rate provisions of the act. The court has indicated a preference for civil, as opposed to criminal, methods of enforcement for the eight-hour work day provisions as well. If it is a public official who is in violation of K.S.A. 44-201 e̲t̲ s̲e̲q̲., an action in mandamus may be brought to enforce the act's provisions, though only by reference of the attorney general or county attorney, or by any citizen with a specific interest or right distinct from that of the general public. If a contractor is violating the statutes, a laborer might be able to enforce those statutes through mandatory injunction or a suit on the contract as third party beneficiary. The Kansas Department of Human Resources has no jurisdiction to adjudicate wage claims based on violations of K.S.A. 44-201 e̲t̲ s̲e̲q̲. Cited herein: K.S.A. 44-201; 44-202; 44-203; 44-204; 44-205; 75-6101; 75-6104.

Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

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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: Curt Thomas Schneider
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Languages : en
Pages : 2

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"You inquire whether [K.S.A. 1974 Supp. 65-1,109], and the reference to "any person," applies to all law enforcement personnel administering tests to determine the alcohol content of human breath for law enforcement purposes."

Author: Robert T. Stephan
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Languages : en
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While the state may require abortions to be performed in licensed facilities from and after the first trimester, K.S.A. 21-3407 sweeps too broadly and the offending provisions cannot be severed from the rest without legislative amendment. We note that the United States Supreme Court is currently considering a case which may modify Roe v. Wade, and thus render this opinion invalid. Cited herein: K.S.A. 21-3407.

Author: Robert T. Stephan
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Languages : en
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Article 9 of the Uniform Commercial Code (UCC), which governs secured transactions, is applicable to a security interest in oil or gas a̲f̲t̲e̲r̲ such minerals are extracted from the earth. The UCC is not applicable, however, to mortgages of oil and gas leasehold interests, and recordation of such mortgages is governed by the real estate recordation statutes in Chapter 58 of the Kansas Statutes Annotated and the mortgage registration fee statutes, K.S.A. 79-3101 e̲t̲ s̲e̲q̲. Cited herein: K.S:A; 1981 Supp. 79-3102, 84-9-402.

Author: Robert T. Stephan
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Languages : en
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A recreation commission may enter into a lease agreement with a unified school district, the terms of which permit the unified school district to use baseball and softball fields owned by the recreation commission. The term of such a lease may not exceed 10 years. A unified school district has the authority to acquire and maintain equipment, buildings, or other recreational facilities and make capital improvements on real property, title to which is held by a recreation commission. Cited herein: K.S.A. 12-1901 (repealed); 12-1924; 12-1926, as amended by L. 1993, ch. 46, sec. 1; 12-1928; K.S.A. 1987 Supp. 12-1928; L. 1989, ch. 64, sec. 1; L. 1986, ch. 80, sec. 1.

Author: Robert T. Stephan
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Languages : en
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K.S.A. 1988 Supp. 12-1222, and the act of which it is a part, contain provisions which are not uniformly applicable to all cities. Accordingly, a city may use its home rule authority to charter out from the provisions of that statute, including the requirement that members appointed to a library board be residents of the municipality. Cited herein: K.S.A. 1988 Supp. 12-1222; Kan. Const., Art. 12, section 5.

Author: Robert T. Stephan
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Languages : en
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K.S.A. 1986 Supp. 8-2503(e) restricts the enforcement of the Kansas Safety Belt Use Act only in those situations where a law enforcement officer "effects an enforcement stop." Therefore, a person involved in a vehicular accident may be cited for failure to use a safety belt (if that person was not wearing one at the time of the accident) even if such person is not cited for any other violation. Cited herein: K.S.A. 1986 Supp. 8-2501 e̲t̲ s̲e̲q̲.; K.S.A. 1986 Supp. 8-2503(e).

Author: Robert T. Stephan
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Languages : en
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1990 House Bill No. 2598 does not alter or affect the vehicle rental agency provisions of the International Registration Plan as such plan was entered into pursuant to the continuing authority of K.S.A. 1989 Supp. 8-127 and K.S.A. 74-4302. Cited herein: K.S.A. 1989 Supp. 8-127; K.S.A. 8-129; K.S.A. 1989 Supp. 8-145; K.S.A. 8-149; 74-4302; 79-5107; 1990 H.B. No. 2598.