Attorney General Opinion No. 1992-076

Attorney General Opinion No. 1992-076 PDF Author: Robert T. Stephan
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1992 Senate Bill No. 472, amending K.S.A. 1991 Supp. 74-8704 of the Kansas lottery act to prohibit advertising or promotion of the lottery at amateur athletic events, is not an unlawful restraint of trade. The Sherman act does not prohibit a state's actions taken in its governmental capacity as sovereign regulator. Cited herein: K.S.A. 1991 Supp. 74-8704, as amended by 1992 S.B. No. 472, section 1(b); 15 U.S.C. sections 1, 2.

Attorney General Opinion No. 1992-076

Attorney General Opinion No. 1992-076 PDF Author: Robert T. Stephan
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ISBN:
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Languages : en
Pages :

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Book Description
1992 Senate Bill No. 472, amending K.S.A. 1991 Supp. 74-8704 of the Kansas lottery act to prohibit advertising or promotion of the lottery at amateur athletic events, is not an unlawful restraint of trade. The Sherman act does not prohibit a state's actions taken in its governmental capacity as sovereign regulator. Cited herein: K.S.A. 1991 Supp. 74-8704, as amended by 1992 S.B. No. 472, section 1(b); 15 U.S.C. sections 1, 2.

Attorney General Opinion No. 1992-074

Attorney General Opinion No. 1992-074 PDF Author: Robert T. Stephan
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Languages : en
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As it appears no compelling governmental interest is served by the durational residence requirement set forth in K.S.A. 76-1908(b), the requirement results in a violation of the equal protection clause and is therefore unconstitutional. Cited herein: K.S.A. 76-1902b; 76-1908; L. 1889, ch. 235, section 11; U.S. Const., art. I, section 8; U.S. Const., art. IV, section 2; U.S. Const., Amend. XIV.

Attorney General Opinion No. 1993-076

Attorney General Opinion No. 1993-076 PDF Author: Robert T. Stephan
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Languages : en
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A watershed district organized pursuant to K.S.A. 24-1201 et seq. has specific statutory authority under K.S.A. 1992 Supp. 58-3810 et seq. to destroy or substantially interfere with an existing conservation easement provided to an agency upon property which a watershed flood prevention structure is to be located. Cited herein: K.S.A. 24-1201; 24-1208; K.S.A. 1992 Supp. 32-807; 58-3810; 58-3814; 58-3816.

Attorney General Opinion No. 1992-031

Attorney General Opinion No. 1992-031 PDF Author: Robert T. Stephan
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Languages : en
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An individual who is employed as an instructor at a state educational institution is not precluded by constitutional or statutory provision from concurrently serving as a member of the legislature. Cited herein: K.S.A. 1991 Supp. 75 - 2935; 76-712; K.S.A. 76-714; 76-715; Kan. Const., art. 6, section 3.

Attorney General Opinion No. 1989-076

Attorney General Opinion No. 1989-076 PDF Author: Robert T. Stephan
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Languages : en
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The doctrine of incompatibility of offices precludes one person from holding the office of reserve police officer while at the same time serving as a city council member in a city of the second class having the mayor-council form of government. However, as stated in Attorney General Opinion No. 81-74, a person could hold the office of council member and still serve as a member of a volunteer fire department, as such volunteers are neither officers nor employees of the city for the purposes of the doctrine.

Attorney General Opinion No. 1992-119

Attorney General Opinion No. 1992-119 PDF Author: Robert T. Stephan
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Languages : en
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The legislature has effectively placed a moratorium during that period running from the first Wednesday following the first Tuesday in December of even-numbered years to the Tuesday immediately preceding the first Wednesday in April of odd-numbered years on elections regarding a change in the method of election or voting plan for members of a board of education. Because Tuesday, April 6, 1993, falls within that period of time subject to the moratorium, no election regarding a change in the method of election or voting plan for members of a board of education may be conducted on April 6, 1992. The provisions of K.S.A. 72-8004 are mandatory. If, in order to meet federal requirements, proposed member districts cannot be drawn so as to comply with the conditions set forth in K.S.A. 72-8004, a change in the method of election or voting plan may not be made. Cited herein: K.S.A. 72-8001; 72-8004; 72-8005; 72-8008; 72-8009; 42 U.S.C. section 1971.

Attorney General Opinion No. 1992-070

Attorney General Opinion No. 1992-070 PDF Author: Robert T. Stephan
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Languages : en
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The Kansas commission on veterans' affairs may require applicants or members of the Kansas soldiers' home to submit copies of the individuals' federal and state income tax returns so that the commission may determine whether the individuals are eligible to become or remain members of the Kansas soldiers' home. Cited herein: K.S.A. 76-1902b; 76-1904; 76-1908; 76-1927; 79-3234; 5 U.S.C.S. section 552a note; 26 U.S.C. section 6103.

Attorney General Opinion No. 1992-137

Attorney General Opinion No. 1992-137 PDF Author: Robert T. Stephan
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Languages : en
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The provisions of the student publications act, L.1992, ch. 5, sections 1, 2, 3, are not applicable to community colleges. Cited herein: L. 1992, ch. 5, sections 1, 2, 3; U.S. Const., Amend. I.

Attorney General Opinion No. 1994-076

Attorney General Opinion No. 1994-076 PDF Author: Robert T. Stephan
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Languages : en
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Rate making is a legislative function which necessarily implies a range of legislative discretion. Within this discretion lies the authority to prescribe specific conditions in a rate order such as the conditions found in 1994 House Bill No. 3039. Cited herein: K.S.A. 66-101b; 66-104; 66-128b; 66-1,189; 66-1,191; 66-1,192, as amended by L. 1994, H.B. No. 2665; 66-1,194; 1994 H.B. No. 3039; Kan. Const., art. 2, sec. 1; U.S. Const., amend. IV.

Attorney General Opinion No. 1992-100

Attorney General Opinion No. 1992-100 PDF Author: Robert T. Stephan
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Languages : en
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A trust company's powers do not include the authority to branch. Cited herein: K.S.A. 9-801; 9-901; 9-1111, as amended by L. 1992, ch. 61, section 1; 9-1801; 9-2103.