Attorney General Opinion No. 1994-051

Attorney General Opinion No. 1994-051 PDF Author: Robert T. Stephan
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Languages : en
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Because Mr. Richard Kaminski was elected as a member of the board of county commissioners prior to enactment of L. 1993, ch. 250, sec. 2, Mr. Kaminski was required to be a resident of the commissioner district at the time he took the oath of office, but not at the time he filed his candidacy or at the time of election. If Mr. Kaminiski was successful in moving his residence to the third commissioner district, he was then qualified to take the oath of office and begin service as the county commissioner for the third district. Based on the information provided, it appears the board of county commissioners for Wyandotte county operated within its authority in enacting resolution no. 3008. Cited herein: K.S.A. 19-202; K.S.A. 1993 Supp. 19-202; K.S.A. 19-204; K.S.A. 1993 Supp. 19-204; K.S.A. 25-407; 25-2022a; 72-7504; K.S.A. 1993 Supp. 77-201; L. 1992, ch. 38, secs. 2, 6; L. 1993, ch. 250, secs. 2, 5; Kan. Const., art. 5, sec. 1; Kan. Const., art. 10, sec. 1; 18 U.S.C. sec. 591; 42 U.S.C. sec. 1971; U.S. Const., art. 1, sec. 2; U.S. Const., Amend. XIV, XV, XIX, XXIV, XXVI.

Attorney General Opinion No. 1995-051

Attorney General Opinion No. 1995-051 PDF Author: Carla J. Stovall
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Languages : en
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An administrative law judge employed by the division of workers compensation of the department of human resources is not prohibited by statute from also serving part time as judge of a municipal court, as long as the individual serving in both capacities devotes full time to the duties of administrative law judge. Cited herein: Kan. Const., Art. 3, section 13; K.S.A. 12-4104; K.S.A. 1994 Supp. 12-4106; 75-5708.

Attorney General Opinion No. 1994-047

Attorney General Opinion No. 1994-047 PDF 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.

Attorney General Opinion No. 1994-117

Attorney General Opinion No. 1994-117 PDF Author: Robert T. Stephan
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Languages : en
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Absent evidence that a newspaper acted with the specific intent to interfere with the employment or business of a person who may be subject to a sexually violent predator civil commitment proceeding, K.S.A. 21-4006 does not prohibit publication of such person's name and address. Cited herein: K.S.A. 21-4006; L. 1994, ch. 316, sec. 3; L. 1994, ch. 316, sec. 4.

Attorney General Opinion No. 1994-095

Attorney General Opinion No. 1994-095 PDF Author: Robert T. Stephan
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Languages : en
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The form of the question set forth in the herein referenced petition meets the requirements set forth in K.S.A. 12-3013 and 25-3602. Cited herein: K.S.A. 12-3005; 12-3013; 25-620; 25-3601; 25-3602; Kan. Const., art. 12, sec. 5.

Attorney General Opinion No. 1994-035

Attorney General Opinion No. 1994-035 PDF Author: Robert T. Stephan
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Languages : en
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The United States constitution has delegated to congress the power to determine the qualifications of its own members and to expel its members when necessary. Because this is a power reserved for the individual houses of congress, the tenth amendment of the United States constitution does not reserve to the states the authority to remove members of congress from office. K.S.A. 25-4301 et seq. are not applicable to members of congress. Cited herein: K.S.A. 25-4301; 25-4304; U.S. Const., art. 1, sec. 5, amend. 10.

Attorney General Opinion No. 1984-051

Attorney General Opinion No. 1984-051 PDF Author: Robert T. Stephan
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Languages : en
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State law prohibits the sale or consumption of alcoholic liquor at any location to which the general public has access regardless of whether or not the premises are privately owned. Criminal responsibility for allowing consumption in violation of state law is a question of fact that can be determined only on a case by case basis. In the absence of a cereal malt beverage license, cereal malt beverages may be dispensed at functions where an admission is charged only if no part of the admission charge is directly or indirectly used to pay for the cereal malt beverage. Cited herein: K.S.A. 21-3201, 41-719, 41-2602, 41-2603 and 41-2604.

Attorney General Opinion No. 1994-009

Attorney General Opinion No. 1994-009 PDF 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.

Attorney General Opinion No. 1985-051

Attorney General Opinion No. 1985-051 PDF Author: Robert T. Stephan
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Languages : en
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A community college may offer courses related to law enforcement which would satisfy the annual training requirement imposed on law enforcement officers by K.S.A. 1984 Supp. 74-5607a(b). Cited herein: K.S.A. 1984 Supp. 74-5604a; 74-5607a.

Attorney General Opinion No. 1994-056

Attorney General Opinion No. 1994-056 PDF Author: Robert T. Stephan
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Languages : en
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1993 house bill no. 2070 amended the water transfer act, specifically K.S.A. 82a-1504(c), eliminating the legislative oversight of water transfers. The amendment contained procedural changes that are applied retroactively unless the legislature indicates otherwise. Thus the legislative review requirement in the former statute, K.S.A. 82a-1504(c) (Ensley 1989), does not apply to a water transfer in litigation during the amendment of the statute wherein the legislative oversight provision was eliminated. Cited herein: K.S.A. 65-4801; 82a-701; 82a-1504 (Ensley 1989); K.S.A. 1993 Supp. 82a-1504; K.S.A. 82a-5801.