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Author: Robert T. Stephan
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K.S.A. 19-1204 requires a Register of Deeds to maintain certain handwritten record books. Although K.S.A. 58-2224 provides that certain other forms of record keeping will satisfy this requirement, it does not authorize the exclusive use of computerized recording. Thus, while a Register of Deeds may use a computer to aid in the recording functions of the office, he or she must also maintain the books required by K.S.A. 19-1204 until the legislature specifically allows computerized record keeping to be substituted for the handwritten records. Cited herein: K.S.A. 19-1204, 58-2224.
Author: Robert T. Stephan
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Languages : en
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K.S.A. 19-1204 requires a Register of Deeds to maintain certain handwritten record books. Although K.S.A. 58-2224 provides that certain other forms of record keeping will satisfy this requirement, it does not authorize the exclusive use of computerized recording. Thus, while a Register of Deeds may use a computer to aid in the recording functions of the office, he or she must also maintain the books required by K.S.A. 19-1204 until the legislature specifically allows computerized record keeping to be substituted for the handwritten records. Cited herein: K.S.A. 19-1204, 58-2224.
Author: Robert T. Stephan
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Languages : en
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The Kansas Open Meetings Act is applicable to meetings of the Board of Trustees of the Economic Opportunity Foundation, Inc., and such meetings must be open to the public. Cited herein: K.S.A. 75-3036, 75-3734, K.S.A. 75-4317, K.S.A. 1983 Supp. 75-4318, 42 U.S.C.A. section 2790, 42 U.S.C.A. section 6861, 42 U.S.C.A. section 9901, 42 U.S.C.A. section 9904.
Author: Robert T. Stephan
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The Kansas Bureau of Investigation has both the authority and the duty to oversee and control the collection and dissemination of criminal history record information at the state level. This responsibility includes management control over DISC as part of the criminal justice information system relating to the collection, storage and dissemination of criminal history record information. Cited herein: K.S.A. 1983 Supp. 22-4705(d), K.S.A. 1983 Supp. 22-4701(d), K.S.A. 22-4704, K.A.R. 10-14-1, 42 U.S.C. 3771, 28 C.F.R. 20, 42 U.S.C. 3701.
Author: Robert T. Stephan
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Languages : en
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Kansas statutes requiring certificates of need for certain projects undertaken by health facilities (K.S.A. 65-4801 e̲t̲ s̲e̲q̲.) contain no exemption for facilities owned or operated by the state, although federal facilities are specifically exempted. K.S.A. 65-4819. In that the act was in response to federal legislation which mandated the adoption of a plan for health care cost control through a certificate of need program in return for federal funds, any exemption should be through an express amendment, and should not be inferred. Accordingly, the appropriation by the 1984 Kansas Legislature of money for two projects at the University of Kansas Medical Center does not in itself act to amend by implication the requirements of K.S.A. 65-4801 e̲t̲ s̲e̲q̲., leaving the two projects subject to a grant of a certificate of need before they are undertaken. Cited herein: K.S.A. 1983 Supp. 65-4801, K.S.A. 65-4802, K.S.A. 1983 Supp. 65-4805, K.S.A. 65-4819, L. 1984, ch. 13, 21, 23, Kan. Const., Art. 2, section 16, 42 U.S.C.A. section 300m, 42 U.S.C.A. 5300m-1, 42 U.S.C.A. section 300m-2.
Author: Robert T. Stephan
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As amended by chapter 282, section 5, the provisions of chapter 187, section 11 of the 1984 Session Laws prohibit the selling, giving or receiving of lists of names and addresses derived from public records, for the purpose of selling or offering for sale any property or service to the persons listed therein, subject to three exceptions. Section 6 of chapter 187, as amended by section 3 of chapter 282 of the 1984 Session Laws, further requires that any person who obtains a list of names and addresses certify that: (1) he or she will not use the information for the purpose of selling or offering for sale any property or services, and (2) will not give, sell or otherwise make available the list to another person so that the latter may sell or offer for sale any property or service. Accordingly, a person may not make commercial use of information derived from such lists, either directly or through the sale of the lists themselves. Cited herein: K.S.A. 1983 Supp. 21-3913; 45-201 (both repealed, L. 1984, ch. 187); 74-2012, as amended by L. 1984, ch. 282, section l; L. 1983, ch. 171, section 11, L. 1984, ch. 187, sections 6, 11; L. 1984, ch. 282, sections 3, 5.
Author: Robert T. Stephan
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The common law doctrine of incompatibility of offices precludes one person from simultaneously holding the offices of city council member and clerk of the municipal court in a city of the third class having a mayor-council form of government. Cited herein: K.S.A. 12-4108.
Author: Robert T. Stephan
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The legislature may refuse to appropriate moneys to provide funds for a̲ ̲p̲a̲r̲t̲i̲c̲u̲l̲a̲r̲ lease of office space already entered into by a state agency and may direct that no appropriated moneys shall be used for such purpose. However, the legislature may not prescribe that an agency may not enter into a̲n̲y̲ lease for office space without the prior approval of the State Finance Council or some other legislatively-dominated committee. Such a limitation on prospective action by a state agency violates the doctrine of separation of powers and is unconstitutional. Attorney General Opinion No. 81-83 is reaffirmed. Cited herein: K.S.A. 75-3708, 75-3711, K.S.A. 1983 Supp. 75 -3711c, 75-3725a, L. 1984, ch. 23, section 5, L. 1984, ch. 244, sections 1, 2, 23, L. 1981, ch. 32, section 69.
Author: Robert T. Stephan
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K.S.A. 19-702 provides that it is the duty of the county attorney to prosecute all cases arising out of the criminal statutes of this state which arise in his or her county. If such a violation occurs, it is immaterial whether it takes place within or without the limits of any city located in the county, or whether the officer issuing the citation or making the arrest is an employee of the city or county. In any violation of a state criminal statute, it is the function of the county attorney to prosecute, and such prosecution may not be declined, or additional conditions attached (i̲.̲e̲.̲ payment of costs) on the grounds that the violation took place within the city. Cited herein: K.S.A. 1983 Supp. 8-1567, K.S.A. 12-4111, 12-4113, 19-702, 19-706b.
Author: Robert T. Stephan
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The filing of the 1875 plat of the City of McPherson did not result in a statutory dedication of Block 56 thereof to the public use of McPherson County, and the subsequent deed conveying such property to the County did not result in a common law dedication to public uses. Cited herein: K.S.A. 12-401, 12-406 (as amended by L. 1984, ch. 65, section 1).
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.
