Attorney General Opinion No. 1999-050 PDF Download
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Author: Carla J. Stovall
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Languages : en
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A law enforcement officer has no authority to stop a person and make inquiry concerning a possible violation of a regulation of a private homes association unless the officer suspects that such individual has violated or is about to violate a state law or a municipal ordinance. Cited herein: K.S.A. 22-2402; U.S. Const., Amend. XIV.
Author: Carla J. Stovall
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Languages : en
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A law enforcement officer has no authority to stop a person and make inquiry concerning a possible violation of a regulation of a private homes association unless the officer suspects that such individual has violated or is about to violate a state law or a municipal ordinance. Cited herein: K.S.A. 22-2402; U.S. Const., Amend. XIV.
Author: Carla J. Stovall
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Languages : en
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Documents related to an investigation conducted by an attorney for his or her client in order to provide legal advice to the client, may be closed under the Kansas Open Records Act because they are protected by the attorney-client privilege. Cited herein: K.S.A. 1998 Supp. 45-217; K.S.A. 1998 Supp. 45-221; 60-226; K.S.A. 60-426.
Author: Curt Thomas Schneider
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Languages : en
Pages : 3
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K.S.A. 21-3725 does not clearly distinguish between the intentional manipulation, alteration, destruction or removal of any signal device enumerated therein which is permissible, such as intentional conduct by persons acting properly and within the express scope of their employment, and intentional manipulation, alteration, destruction and removal which is performed for wrongful purposes. K.S.A. 21-3726 does not clearly specify whether it is limited to motor vehicle traffic control devices, or whether it extends also to devices for the control and direction of railroad, aircraft and watercraft traffic, as enumerated in K.S.A. 21-3725.
Author: Carla J. Stovall
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Languages : en
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A resolution enacted by the City of Newton that does nothing more than express a concern for the safety of the City's water resources and describe certain actions that the governing body may take in the future to protect the City's environment is not void on the grounds of vagueness and, therefore, does not offend the Due Process requirements of the 5th and 14th Amendments to the United States Constitution. Cited herein: U.S. Const., Amend. V and XIV.
Author: Robert T. Stephan
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Languages : en
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Pursuant to K.S.A. 1992 Supp. 22-2307(b)(1), a law enforcement officer who has probable cause to believe that a crime has been committed in a domestic violence situation must arrest the perpetrator and the provisions of K.S.A. 22-2401 which make an arrest discretionary do not apply in a domestic violence situation. Cited herein: K.S.A. 1992 Supp. 22-2307, K.S.A. 22-2401.
Author: Carla J. Stovall
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Languages : en
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Unified School District No. 423 does not have the authority to reimburse a student or parent for costs incurred by the student or parent in acquiring equipment and materials, including computer hardware, computer software, books, supplies, and Internet access, that enable the student to participate in the Mid-Kansas Independent Academy program proposed by the School District. Cited herein: K.S.A. 1999 Supp. 72-5389; 72-5390; K.S.A. 72-8212; K.S.A. 1999 Supp. 72-8301.
Author: Carla J. Stovall
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Languages : en
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K.S.A. 1998 Supp. 25-4501 states "there shall be held a presidential preference primary." The provision is mandatory. Although the expense of conducting the presidential preference primary may well prove burdensome for the counties of the State, the statutory language obligates the counties to conduct the presidential preference primary regardless whether the Legislature acts to appropriate monies which would be used to reimburse the counties for the costs associated with conducting the presidential preference primary. Cited herein: K.S.A. 1998 Supp. 25-4501; K.S.A. 25-4508; Kan. Const., Art. 2, section 24.
Author: Robert T. Stephan
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Languages : en
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Drugs which were generally recognized as safe prior to the enactment of the federal food, drug and cosmetic act of 1938 were not considered new drugs within the meaning of that act, and were therefore given approval through the grandfather provisions of the act. As long as those grandfathered drugs do not become new drugs, there will be a lack of sufficient data, and an absence of an opportunity to determine bioequivalence between other drugs and the grandfathered drug. In light of this lack of information, the grandfathered drugs are not subject to brand exchange as are drugs for which bioequivalence has been determined. Cited herein: K.S.A. 1989 Supp. 65-1626; 65-1637; 21 U.S.C.S. section 355 (Cum. Supp. 1989); 21 U.S.C.S. section 358 (1984); 34 Stat. 768 (1906), 37 Stat. 416 (1912), 52 Stat. 1040 (1938); Pub. L. 87-781 (1962), Pub. L. 98-417 (1984).
Author: Carla J. Stovall
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Languages : en
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Subsection (c) of K.S.A. 25-4323 states that no more than one less of a majority of a local governing body may be subject to recall at the same time. The number of members serving on a three-member board who may be subject to recall at the same time is one. A local officer is subject to recall once a petition seeking recall of the officer is properly filed. If a petition seeking recall of one member of a three-member governing body has been filed with the county election officer and the county election officer has determined the petition was properly filed, a petition seeking recall of a second member may not be approved by the county election officer until after the recall election on the first member has been conducted. While a petition seeking recall of a second member of a three-member governing body may not be approved until the recall election on the first member is conducted, the petition may still be circulated. Cited herein: K.S.A. 25-4301; 25-4302, as amended by L. 1999, Ch. 105, section 8; 25-4318; 25-4322, as amended by L. 1999, Ch. 105, section 9; 25-4323; 25-4324, as amended by L. 1999, Ch. 105, section 10; 25-4326; Kan. Const., Art. 4, section 3; L. 1987, Ch. 130, section 1; L. 1978, Ch. 147, sections 2, 6; L. 1976, Ch. 178, section 26.
Author: Carla J. Stovall
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Languages : en
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Absent a protest petition and referendum, a charter ordinance is effective sixty days after its final publication regardless whether a certified copy is filed with the Secretary of State. Cited herein: K.S.A. 15-201; Kan. Const., Art. 12, section 15.
