Attorney General Opinion No. 1998-013 PDF Download

Author: Carla J. Stovall
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Languages : en
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Upon entering into a trust agreement which obligates Decatur County to make payments over a forty-year period, in order to comply with the cash-basis law the County should have on hand in its treasury the entire aggregate amount due over the forty-year period, unless the agreement is authorized by the electors of Decatur County. The current Board of County Commissioners of Decatur County may bind future Boards of County Commissioners by entering into a trust agreement as long as such agreement complies with the cash-basis law and any other applicable laws. Cited herein: K.S.A. 1997 Supp. 10-1101; K.S.A. 10-1113; 10-1116; 10-1116a; 10-1116b; K.S.A. 1997 Supp. 10-1116c; K.A.R. 26-29-98.

Author: Carla J. Stovall
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Languages : en
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The name of a person may be printed on the school election ballot as a candidate for both an at-large member position and a district member position. Cited herein: K.S.A. 1998 Supp. 25-213; K.S.A. 25-613; 25-2001; 25-2009; 25-2014; 25-2014a; 25-2015; 25-2021; 25-2116; 25-2601; 25-213 (Ensley 1983); 25-2113 (Ensley 1983); L. 1968, Ch. 59, sections 1 - 44; L. 1968, Ch. 274, sections 1 - 49; L. 1968, Ch. 406, section 8.

Author: Robert T. Stephan
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Languages : en
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District attorneys and their agents are state employees for purposes of the Kansas Tort Claims Act. Cited herein: K.S.A. 22a-101, 22a-106, 25-2505, 75-6101, 75-6102.

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: Robert T. Stephan
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Languages : en
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Under K.S.A. 1990 Supp. 74-4914(6), a retirant who retired on or after July 1, 1988, and is employed or appointed in or to any position or office for which compensation for service is paid, in an amount equal to $6,000 or more in any one calendar year, by any participating employer for which such retirant was employed or appointed during the final two years of such retirant's participation, may not receive any retirement benefit for any month for which such retirant serves in such position or office. Retirants employed as substitute teachers or officers, employees, appointees or members of the legislature, or any other elected officials are exempt from application of K.S.A. 1990 Supp. 74-4914(6). The classifications set forth in the statute need have only a rational basis to the purpose of the legislation to be deemed valid classifications. Because legislative classifications have a presumption of constitutionality and no evidence which would override such a presumption has been presented, the classifications set forth in K.S.A. 1990 Supp. 74-4914(6) are not deemed to violate the equal protection clauses of the United States constitution and Kansas constitution. Cited herein: K.S.A. 74-4901; K.S.A. 1990 Supp. 74-4914; K.S.A. 74-4929; Kan. Const., Bill of Rights, sections 1, 2; U.S. Const., 14th Amend., section 1.

Author: Carla J. Stovall
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Languages : en
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K.S.A. 16-1205(b)(3) makes it a violation of the Kansas Agricultural Equipment Dealership Act to discriminate in the prices charged for agricultural equipment of like grade and quality sold by a farm equipment manufacturer to similarly situated farm equipment dealers. A manufacturer's certification program which results in different prices on like grade equipment to similarly situated dealers would violate the prohibition against price discrimination if the standards used by the manufacturer to determine certification are not equally available and fairly administered with respect to all dealers. Cited herein: K.S.A. 16-1202; 16-1205; 15 U.S.C. section 13.

Author: Robert T. Stephan
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Languages : en
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Law enforcement authorities are not required to obtain fingerprints from a person who is given a notice to appear for a municipal ordinance violation which would be the equivalent of a class A or B misdemeanor under state law. However, at that person's first court appearance or at some point before final disposition of the matter, it is the court's responsibility to ensure that fingerprints have been secured. Cited herein: K.S.A. 12-4113; K.S.A. 1993 Supp. 21-2501.

Author: Carla J. Stovall
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Languages : en
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A unified school district may permit pupils of the school district to utilize the district's transportation services in order to arrive at a religious facility in which the pupils will attend catechism classes if such transportation occurs along the regular transportation routes designated by the unified school district, as required by state statute, and the same service is available for pupils seeking transportation to other religious or nonreligious facilities. The latter is required because a governmental preference of one religion over other religions or nonreligion is not permitted under the Establishment Clause of the First Amendment of the United States Constitution. Cited herein: K.S.A. 72-8302, as amended by L. 1996, ch. 141, section 3; 72-8303; 72-8305; U.S. Const., Amend. I; U.S. Const., Amend. XIV; 20 U.S.C. section 1400.

Author: Carla J. Stovall
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Languages : en
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A victim impact statement which is part of the presentence investigation report and is prepared by either a victim or a victim advocate on behalf of a victim does not violate K.S.A. 21-3815 because it does not constitute an attempt to improperly influence a judge. Cited herein: K.S.A. 21-3815, 21-4604, 21-4714; 22-3424; K.S.A. 1995 Supp. 74-7333; Kan. Const., art. 15, section 15.

Author: Robert T. Stephan
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Languages : en
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The final field review required by reappraisal maintenance specifications issued by the division of property valuation are mandatory in the sense that the director of the division, prosecutors and the board of tax appeals may pursue actions to penalize an appraiser for failure to conduct such a review. Moreover, upon finding that any county has not performed a final review, the director of property valuation must file a complaint with the board of tax appeals seeking reappraisal of that county. Finally, L. 1990, ch. 90, section 5 and K.S.A. 1991 Supp. 79-1460 require a specific review, including a physical inspection, of property the value of which is to be increased in tax years 1990 or 1992 and subsequent years. If this review is not performed, the value of the property (excluding agricultural land) may not be increased. Cited herein: K.S.A. 79-401; 79-411; K.S.A. 1991 Supp. 79-1413a; 79-1460; 79-1479; L. 1990, ch. 90, section 5.