Attorney General Opinion No. 1994-107 PDF Download
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Author: Robert T. Stephan
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Languages : en
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Kansas Venture Capital, Inc. is a for-profit corporation, which operates and manages independently from any governmental control or supervision. Further, it is not a subordinate body to any state agency or local unit of government. Accordingly, Kansas Venture Capital, Inc. is not required to follow the mandates of the Kansas open meetings act. Cited herein: K.S.A. 74-8203; K.S.A. 1993 Supp. 74-8204; K.S.A. 75-4318.
Author: Robert T. Stephan
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Languages : en
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Kansas Venture Capital, Inc. is a for-profit corporation, which operates and manages independently from any governmental control or supervision. Further, it is not a subordinate body to any state agency or local unit of government. Accordingly, Kansas Venture Capital, Inc. is not required to follow the mandates of the Kansas open meetings act. Cited herein: K.S.A. 74-8203; K.S.A. 1993 Supp. 74-8204; K.S.A. 75-4318.
Author: Robert T. Stephan
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Languages : en
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A public official may not deny access to a public record unless the disclosure is prohibited by federal or state law or the record fits one of the exceptions listed in K.S.A. 45-221. Public land records are public records which do not fit any of these exceptions, and are therefore open for inspection. A custodian who relies in good faith on a certification by a requestor that the information obtained from public records will not be used in a prohibited manner is not subject to criminal charges under K.S.A. 21-3914. Therefore, a public official may not deny a requestor access to records, which are otherwise open, when the appropriate certification is submitted pursuant to K.S.A. 45-220, and the official is acting in good faith. Cited herein: K.S.A. 21-3914, as amended byL. 1994, ch. 317, sec. 1.; K.S.A. 45-217, as amended by L. 1994, ch. 293, sec. 4; 45-220; 45-221, as amended by L. 1994, chs. 89, 101, 107, 138.
Author: Robert T. Stephan
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Languages : en
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With regard to appraisal information contained in questionnaires provided to a county appraiser by property owners, if disclosure is requested during the course of an administrative proceeding or on appeal from agency action, then the county appraiser's office must comply with the request and disclose the records on individually owned real property. However, in other cases, identifying portions of the questionnaires such as the name, address, and phone numbers of the owner and financial information of a taxpayer should be deleted before the disclosure of any remaining portions. Cited herein: K.S.A. 45-216; 45-217, as amended by L. 1994, ch. 293, sec. 4; 45-221, as amended by L. 1994, chs. 89, 101, 107, 138; K.S.A. 79-1458.
Author: Robert T. Stephan
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Languages : en
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Attorney's fees are recoverable in a class action lawsuit under two exceptions to the American no fee rule: one involving a party who has acted in bad faith and the other involving a benefit created by counsel for the benefit of the class. Retaliatory termination of water service by a rural water district may subject the district to a civil rights action under 42 U.S.C. sec. 1983. Cited herein: K.S.A. 12-631k; 60-223; U.S. Const., Amendments IV, V, XIV.
Author: Robert T. Stephan
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Languages : en
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Generally, criminal history record information is not open to the public and disclosure is restricted by statute. However, persons may request conviction records on individuals from a criminal justice agency, and the agency may discretionarily disclose the requested records. Cited herein: K.S.A. 1993 Supp. 22-4701; K.S.A. 22-4705; 22-4707; K.A.R. 1992 Supp. 10-11-1; 10-12-1; 10-12-2.
Author: Robert T. Stephan
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Languages : en
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An individual county commissioner is not given statutory authority to unilaterally exercise the powers of the commission and examine personnel records, which otherwise are not open for public inspection. However, the board of county commissioners may inspect county personnel records if appropriate actions are taken as a board at an open meeting. Cited herein: K.S.A. 19-103; 19-208; 19-212; 45-216; 45-221, as amended by L. 1994, ch. 89, sec. 5, ch. 101, sec. 2, ch. 107, sec. 8, and ch. 138, sec. 28.
Author: Carla J. Stovall
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Languages : en
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The federal violence against women act (VAWA) requires that a valid protection order issued by a court of another state or an Indian tribe be accorded full faith and credit by a Kansas court and enforced as if it were a Kansas protection order, provided the due process requirements of 18 U.S.C. section 2265(b) are satisfied. In some instances, full faith and credit may not be granted to foreign mutual protection orders. There is no requirement that the foreign protection order be filed pursuant to the uniform enforcement of foreign judgments act. A Kansas law enforcement officer is not in a position to determine whether the due process requirements were satisfied or whether a mutual protection order is entitled to full faith and credit; this is a decision for a court. Finally, both United States courts and Kansas courts may entertain violations of foreign protection orders. Cited herein: K.S.A. 1994 Supp. 21-3721; 22-2307; 22-2308; K.S.A. 60-3002; 60-3003; 60-3107; 60-3110; 18 U.S.C. sections 2262, 2265; 108 Stat. 1902.
Author: Robert T. Stephan
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Languages : en
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New subsection (b) of K.S.A. 79-2005 as amended by L. 1994, ch. 275, sec. 3 may not be applied retroactively in cases where substantive rights would be prejudicially affected. Cited herein: K.S.A. 45-310; 45-311; K.S.A. 1993 Supp. 79-1448; K.S.A. 79-2005, as amended by L. 1994, ch. 275, sec. 3.
Author: Robert T. Stephan
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Languages : en
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The provisions of the Transient Merchant Licensing Act do not apply to "state or county fairs." L. 1985, ch. 94, section 3(j). This exemption applies to a state or county fair and to the exhibitors at such a fair. Cited herein: L. 1985, ch. 94, sections 2, 3.
Author: Robert T. Stephan
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Languages : en
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If a witness is subpoenaed to appear in two separate courts on the same day and appearance in both courts is thereby made impractical or impossible, the witness may choose which subpoena to honor. There is no established priority between subpoenas that would give one preference over the other based either on jurisdiction or the time or method of service. Cited herein: K.S.A. 1993 Supp. 60-245; K.S.A. 22-3214; Fed. R. Civ. P. 45; Fed. R. Crim. P. 17.
