Attorney General Opinion No. 1990-005

Attorney General Opinion No. 1990-005 PDF Author: Robert T. Stephan
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Languages : en
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Book Description
By statute, a candidate in Kansas can have her or his name placed on the ballot by either filing a nominating petition, or filing a declaration of intention and paying a filing fee. Due to the change in district and precinct boundaries, however, the number of signatures required on nominating petitions cannot be determined. Until the statutory method of calculating the number is changed, the only means of becoming placed on the ballot is by filing fee. The United States Supreme Court has ruled that, based on the Equal Protection Clause of the Constitution, an indigent candidate cannot be required to pay a filing fee, and that a reasonable alternative means of ballot access must be available. Until current law is amended, the filing fee requirement must be waived for persons unable to pay. Cited herein: K.S.A. 1988 Supp. 25-205, as amended by L. 1989, Ch. 106, section 3; K.S.A. 25-206, as amended by L. 1989, Ch. 106, section 4.

Attorney General Opinion No. 1990-005

Attorney General Opinion No. 1990-005 PDF Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :

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Book Description
By statute, a candidate in Kansas can have her or his name placed on the ballot by either filing a nominating petition, or filing a declaration of intention and paying a filing fee. Due to the change in district and precinct boundaries, however, the number of signatures required on nominating petitions cannot be determined. Until the statutory method of calculating the number is changed, the only means of becoming placed on the ballot is by filing fee. The United States Supreme Court has ruled that, based on the Equal Protection Clause of the Constitution, an indigent candidate cannot be required to pay a filing fee, and that a reasonable alternative means of ballot access must be available. Until current law is amended, the filing fee requirement must be waived for persons unable to pay. Cited herein: K.S.A. 1988 Supp. 25-205, as amended by L. 1989, Ch. 106, section 3; K.S.A. 25-206, as amended by L. 1989, Ch. 106, section 4.

Attorney General Opinion No. 1992-005

Attorney General Opinion No. 1992-005 PDF Author: Robert T. Stephan
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Languages : en
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Book Description
Boards of libraries established or maintained in accordance with K.S.A. 12-1219 are subject to the provisions of K.S.A. 1990 Supp. 12-1223 and 12-1225. Cited herein: K.S.A. 12-1219; K.S.A. 1990 Supp. 12-1223; 12-1225; K.S.A. 17-6001; 77-201, as amended by L. 1991, ch. 33, section 37.

Attorney General Opinion No. 1990-101

Attorney General Opinion No. 1990-101 PDF Author: Robert T. Stephan
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Languages : en
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Book Description
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.

Attorney General Opinion No. 1991-005

Attorney General Opinion No. 1991-005 PDF Author: Robert T. Stephan
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Languages : en
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Book Description
Release or waiver of a tax lien arising pursuant to K.S.A. 1990 Supp. 79-2017 does not violate the provisions of K.S.A. 79-1703. However, an unconditional waiver or release is outside the authority granted to Sedgwick county officials. Cited herein: K.S.A. 1989 Supp. 8-173; K.S.A. 1990 Supp. 19-101a; K.S.A. 79-1703; K.S.A. 1990 Supp. 79-2017.

Model Rules of Professional Conduct

Model Rules of Professional Conduct PDF Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

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Book Description
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.

Attorney General Opinion No. 1990-109

Attorney General Opinion No. 1990-109 PDF Author: Robert T. Stephan
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Languages : en
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Book Description
K.S.A. 1989 Supp. 44-714, as amended by L. 1990, ch. 122, section 17, prohibits designated employees of the Kansas department of human resources from participating in all forms of political activity except as a candidate for nonpartisan elective office. Because the state lacks a legitimate interest for such a prohibition, that provision of the statute continues to be unconstitutionally overbroad. Employees of the department of human resources are permitted to: (1) post yard signs at their residences; (2) participate in fund-raisers; (3) make contributions; (4) attend party functions; and (5) work for a particular candidate or party on the employees' own time. However, those employees subject to state statute and those employees subject to the federal Hatch Act are restricted in solicitation of contributions. Cited herein: K.S.A. 1989 Supp. 44-714, as amended by L. 1990, ch. 122, section 17; K.S.A. 75-2953; 75-2974; 5 U.S.C.A. section 1501; 5 U.S.C.A. section 1502.

Attorney General Opinion No. 1991-048

Attorney General Opinion No. 1991-048 PDF Author: Robert T. Stephan
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Languages : en
Pages :

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Book Description
The provision of K.S.A. 1990 Supp. 31-134(b), that "nothing in this act shall be construed to impair the power of any municipality ... to prohibit or regulate the sale, handling, use or storage of fireworks within its boundaries," does not constitute a clear articulation of an anti-competitive policy and, therefore, does not bring municipal actions based on the statute within the "state action" exemption from the federal anti-trust laws. Cited herein: K.S.A. 1990 Supp. 31-134; Kan. Const., art. 12, section 5; 15 U.S.C. section 1 e̲t̲ s̲e̲q̲.

Attorney General Opinion No. 1990-097

Attorney General Opinion No. 1990-097 PDF Author: Robert T. Stephan
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Languages : en
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Book Description
The Olathe library board's charter resolution exempting the board from K.S.A. 79-5021 to 79-5023 is not superseded or repealed by 1990 House Bill No. 2700 as that bill does not alter the authority exercised by the library board. Cited herein: K.S.A. 19-101b; 77-201; 79-5036; L. 1985, ch. 314; 1990 H.B. No. 2700; Kan. Const., Art. 12, section 5.

Attorney General Opinion No. 1990-084

Attorney General Opinion No. 1990-084 PDF Author: Robert T. Stephan
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Languages : en
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Book Description
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.

Attorney General Opinion No. 1993-005

Attorney General Opinion No. 1993-005 PDF Author: Robert T. Stephan
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Languages : en
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Book Description
As used in K.S.A. 1991 Supp. 74-7301, personal injury means an injury affecting one's physical and mental person; an injury giving rise to a personal action at law. Cited herein: K.S.A. 1991 Supp. 74-7301.