Attorney General Opinion No. 1995-083 PDF Download
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Author: Carla J. Stovall
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Languages : en
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Vehicles may be registered in either the Kansas county where the owner of record resides or, under certain conditions, the Kansas county where the owner of record has a bona fide place of business. Cited herein: K.S.A. 1994 Supp. 8-126; K.S.A. 8-129; 8-1,138; 79-5106.
Author: Carla J. Stovall
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Languages : en
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Vehicles may be registered in either the Kansas county where the owner of record resides or, under certain conditions, the Kansas county where the owner of record has a bona fide place of business. Cited herein: K.S.A. 1994 Supp. 8-126; K.S.A. 8-129; 8-1,138; 79-5106.
Author: Carla J. Stovall
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Languages : en
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Municipal courts have jurisdiction over juveniles who are charged with violating cigarette or tobacco infraction ordinances. Cited herein: K.S.A. 12-4113, 12-4209, 12-4212, and 12-4214, as amended by L. 1996, ch. 214, sections 18-21; K.S.A. 1995 Supp. 12-4305, as amended by L. 1996, ch. 214, section 22; K.S.A. 21-3105, as amended by L. 1996, ch. 214, section 24; K.S.A. 1995 Supp. 38-1602, as amended by L. 1996, ch. 229, section 40; K.S.A. 79-3321, as amended by L. 1996, ch. 214, section 7.
Author: Carla J. Stovall
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Languages : en
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The term "counsel" as used in K.S.A. 72-5453 includes an attorney or lawyer. Cited herein: K.S.A. 72-5451; 72-5453.
Author: Carla J. Stovall
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Languages : en
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Public fund depository laws precluding the state and its municipalities from placing their funds in branches of national banks that do not have home offices in Kansas do not violate the commerce clause, the supremacy clause or the equal protection clause of the United States constitution. Cited herein: K.S.A. 1994 Supp. 9-1111, as amended by L. 1995, ch. 79, sec. 15; K.S.A. 9-1401, K.S.A. 1994 Supp. 12-1675, 75-4201; 75-4205; 75-4208; 75-4209, as amended by L. 1995, ch. 194, sec. 2; 12 U.S.C. secs. 30, 36, 1831, 1831u, 1842; U.S. Const., art. I, sec. 8; art. VI; 14th amend.
Author: Curt Thomas Schneider
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Languages : en
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The provisions of House Bill No. 3050 are supported by the decision of the U.S. Supreme Court in California v. LaRue, 409 U.S. 109, 34 L. Ed. 2d 342, 93 S. Ct. 390 (1972).
Author: Carla J. Stovall
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Languages : en
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A city may barricade a portion of a street without infringing upon certain property owners' rights of access if such property owners continue to have access to streets that abut their property.
Author: Carla J. Stovall
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Languages : en
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While recognizing the importance of requiring licensure and regulation by the state of those who wish to practice law here, and the Kansas Supreme Court's inherent authority to require such licensure and regulation, due to the fact that the activities in question are occurring within a federal enclave and based on the supremacy clause, in our opinion attorneys acting under the authority of the United States army legal assistance program may counsel and assist pro se military clients with the preparation of necessary documents to be filed in Kansas courts in specified civil proceedings without obtaining a license to practice in the state of Kansas. Cited herein: 10 U.S.C. section 1044; U.S. Const., art. VI, cl. 2.
Author: Carla J. Stovall
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Languages : en
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The small claims procedure act, which prohibits attorney representation except in limited circumstances, abrogates the common law principle that corporations may appear in court only through an attorney. While corporate representatives may participate in small claims matters, they may not practice law. Cited herein: K.S.A. 61-2703; 61-2704; 61-2705; 61-2707; 61-2712; 61-2713; 61-2714.
Author: Carla J. Stovall
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Languages : en
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The "governor's cabinet" has evolved through custom and tradition loosely patterned after the United States president's cabinet. Each member of the president's cabinet has a constitutional duty to provide opinions as the principal officer of an executive department when required by the president. U.S. const., art. II, section 2. There is a similar provision in the Kansas constitution. As such, cabinet members serve as advisors to the governor. The members of the current governor's cabinet include the secretaries of various state departments who are appointed by the governor subject to the confirmation of the senate and serve at the pleasure of the governor. In our opinion, the legislature may require that the secretary of the board of agriculture serve as a member of the governor's cabinet because as a member of the executive department she is already subject to the governor's request for information regarding her duties. Cited herein: K.S.A. 32-801; 74-5002; K.S.A. 1994 Supp. 75-3702; 75-5001; 75-5101; 75-5203; 75-5301; 75-5601; 75-5701; 75-5903. Kan. Const., art. 1, section 1; Kan. Const., art. 1, section 4; Kan. Const., art. 15, section 1; U.S. Const., Art. II, section 2.
Author: Carla J. Stovall
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Languages : en
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The 1994 amendments to K.S.A. 64-101 establish separate and distinct requirements for qualification as the official newspaper for a city of the first class, as opposed to the official county newspaper. If there is no newspaper published in the home county of a city of the first class, and if a newspaper otherwise qualifies under K.S.A. 64-101(a)(1) through (3), a city of the first class may utlize the second set of alternative requirements established in K.S.A. 64-101(a)(4). The location where a paper is published must be determined by looking at all the facts surrounding its singular place of origin. Prior Attorney General opinions discussing K.S.A. 12-1651 may provide guidance in interpreting the identical requirements now set forth in K.S.A. 64-101(b). Citied herein: K.S.A. 12-1651; 64-101.
