Attorney General Opinion No. 1990-107 PDF Download
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Author: Robert T. Stephan
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Languages : en
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Local legislation which is an exercise of police power does not involve e home rule provisions of the Constitution, but is subservient to preempting acts of the state legislature. If the local legislation is not an exercise of police power, then the measure is subject to uniform state law. In either case, the regulation may not conflict with other statutes or constitutional provisions. Cities may therefore exercise their police power by regulating the performance of abortions through ordinary ordinances since the legislature has not expressly preempted the field. Any abortion regulation is subject to Roe v. Wade and any limitations imposed by the federal and Kansas constitutions. Cited herein: Kan. Const., Art. 12, section 5; K.S.A. 21-3407; K.S.A. 65-444.
Author: Robert T. Stephan
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Languages : en
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Local legislation which is an exercise of police power does not involve e home rule provisions of the Constitution, but is subservient to preempting acts of the state legislature. If the local legislation is not an exercise of police power, then the measure is subject to uniform state law. In either case, the regulation may not conflict with other statutes or constitutional provisions. Cities may therefore exercise their police power by regulating the performance of abortions through ordinary ordinances since the legislature has not expressly preempted the field. Any abortion regulation is subject to Roe v. Wade and any limitations imposed by the federal and Kansas constitutions. Cited herein: Kan. Const., Art. 12, section 5; K.S.A. 21-3407; K.S.A. 65-444.
Author: Robert T. Stephan
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Languages : en
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A county, as a subdivision of state government is subject to limitations imposed by an enabling act. K.S.A. 1990 Supp. 65-6113 limits how a county may reimburse a taxing district that provides ambulance service. Given that home rule cannot be used because the act is uniformly applicable, the reimbursement formula cannot be altered, short of legislative amendment. Cited herein: K.S.A. 1990 Supp. 19-101a; 65-6113.
Author: Curt Thomas Schneider
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Languages : en
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Any citizen alleging the commission of a crime may file a complaint pursuant to K.S.A. 12-4202.
Author: Robert T. Stephan
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Languages : en
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Memoranda written by school board staff and wherein opinions are expressed or policies and actions are proposed are not public records which must mandatorily be disclosed unless such memoranda are publicly cited or identified in an open meeting or in an agenda to an open meeting. Such citation or identification subjects the memoranda to mandatory disclosure, unless otherwise specifically prohibited by law. However, even if such citation or identification does not occur, unless information contained in the memoranda is specifically prohibited or restricted from disclosure by federal law, state statute or rule of the Kansas supreme court, it may nevertheless be discretionarily disclosed by the public agency. Cited herein: 20 U.S.C. section 1232g; K.S.A. 45-215; K.S.A. 1989 Supp. 45-221; K.S.A. 72-9005.
Author: Robert T. Stephan
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Languages : en
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Where there has been a violation of the common law rule cited in Attorney General Opinion No. 90-59, both resignations and reappointments should be considered a nullity. Cited herein: K.S.A. 1989 Supp. 13-1806.
Author: Robert T. Stephan
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Languages : en
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The common law doctrine of incompatibility of offices precludes one person from simultaneously holding the offices of city councilman and municipal judge in a city of the third class having a mayor-council form of government. Cited herein: K.S.A. 15-204, 15-209.
Author: Robert T. Stephan
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Languages : en
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1990 House Concurrent Resolution No. 5061, subsection (a)(4), does not violate the uniform and equal provision of the Kansas Constitution or the equal protection clause of the United States Constitution. Cited herein: Kan. Const., Art. 11, section 1; 1990 H.C.R. No. 5061; U.S. Const., Amend. XIV.
Author: Robert T. Stephan
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Languages : en
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The oath required by K.S.A. 75-4308 must be subscribed to by each person who becomes employed by the state or any county, city or municipality therein. As the statute admits to no exceptions, the oath is required for all such employees, regardless of the position or amount of remuneration. Cited herein: K.S.A. 21-305 (repealed, L.1968, ch. 106 section 8), 54-106, 75-4308.
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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K.S.A. 50-703(c)(5) permits a consumer reporting agency to furnish a consumer report in circumstances involving a legitimate business need for the information in connection with a business transaction involving the consumer. A financial investigation into the assets of drug dealers by the criminal fraud unit of the division of alcoholic beverage control does not involve a consumer relationship or business transaction, and thus, K.S.A. 50-703(c)(5) does not allow a consumer reporting agency to furnish a consumer report for that purpose. Cited herein: K.S.A. 50-701; 50-703; 50-707; 15 U.S.C.S. section 1681b.
