Attorney General Opinion No. 1995-010

Attorney General Opinion No. 1995-010 PDF 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.

Attorney General Opinion No. 1995-095

Attorney General Opinion No. 1995-095 PDF 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.

Attorney General Opinion No. 1995-085

Attorney General Opinion No. 1995-085 PDF 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.

Attorney General Opinion No. 1995-094

Attorney General Opinion No. 1995-094 PDF Author: Carla J. Stovall
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Languages : en
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The Kansas bureau of investigation may not release information in the juvenile offender information system except as specifically authorized by K.S.A. 38-1618(e), which generally prohibits the disclosure of such information in a manner that enables the identification of the juvenile. Unless a request for access to such information falls under one of the exceptions set forth in that statute, the bureau may not disclose information from the system pertaining to any juvenile, including those age 14 and older. Cited herein: K.S.A. 1994 Supp. 22-4701; 22-4704; K.S.A. 22-4707, as amended by L. 1995, ch. 251, sec. 18; K.S.A. 38-1601; K.S.A. 1994 Supp. 38-1602; 38-1607; 38-1608; K.S.A. 38-1617; 38-1618; 38-1655, as amended by L. 1995, ch. 251, sec. 31; K.S.A. 45-215; 45-216; K.S.A. 1994 Supp. 45-217; 45-221, as amended by L. 1995, ch. 257, sec. 6; K.S.A. 75-711, as amended by L. 1995, ch. 213, sec. 1; K.S.A. 75-712; L. 1994, ch. 271, sec. 8; K.A.R. 10-12-1; 10-12-2.

Attorney General Opinion No. 1995-049

Attorney General Opinion No. 1995-049 PDF Author: Carla J. Stovall
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Languages : en
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The Kansas cash-basis law does not prohibit a unified school district from establishing an early retirement incentive program which outlines payment of pension benefits over a period exceeding one fiscal year, provided the obligation to pay the pension benefits is subject to the occurrence of a contingency. Because the legislature has not established a time frame for extended, sabbatical, and other leave, the length of time permitted for such leave will be governed by the terms of the agreement entered into by the board of education and the teacher or administrator. No one has been given the legal obligation of providing KPERS with notice at the time a retirant has reached the earnings limitation set forth in K.S.A. 1994 Supp. 74-4914. An employee of a unified school district gains through continued service to the school district certain vested rights in the early retirement incentive program established by the school district. Such rights are afforded the protection of the contract clause of the United States constitution and may not be retroactively changed in a substantial manner by the unified school district. Cited herein: K.S.A. 1994 Supp. 10-1101; K.S.A. 10-1113; 10-1119; K.S.A. 1994 Supp. 72-5395; K.S.A. 72-5397; 72-5410; 72-5411; 72-5412; 72-5413; 72-5414; 72-5436; 72-5451; 72-9001; K.S.A. 1994 Supp. 74-4902; 74-4914; K.S.A. 74-4924; K.S.A. 1994 Supp. 77-415; L. 1980, ch. 220, section 1; U.S. Const., art. 1, section 10.

Attorney General Opinion No. 1995-100

Attorney General Opinion No. 1995-100 PDF 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.

Attorney General Opinion No. 1995-115

Attorney General Opinion No. 1995-115 PDF Author: Carla J. Stovall
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Languages : en
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The Kansas state university research foundation (KSURF) is a governmental entity for purpose of the Kansas tort claims act. Cited herein: K.S.A. 75-6101; K.S.A. 1994 Supp. 75-6102, as amended by L. 1995, ch. 82, section 7; 75-6104, as amended by L. 1995, ch. 260, section 10; 76-711.

Attorney General Opinion No. 1995-046

Attorney General Opinion No. 1995-046 PDF 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.

Attorney General Opinion No. 1995-063

Attorney General Opinion No. 1995-063 PDF Author: Carla J. Stovall
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Languages : en
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Whether adjudicated under the juvenile offenders code or prosecuted as adults, juveniles may not be fingerprinted subsequent to disposition unless fingerprinting is specifically authorized by a judge of the district court having jurisdiction. Cited herein: K.S.A. 1994 Supp. 21-2501; 21-2511, as amended by 1995 S.B. 333, section 1; 21-3301; 21-3501; 21-3505; 21-3508; 22-4701; K.S.A. 22-4705; 38-1601; K.S.A. 1994 Supp. 38-1602, 38-1611; L. 1991, ch. 92, section 1; L. 1992, ch. 143, section 1; K.A.R. 10-19-9.

Attorney General Opinion No. 1995-073

Attorney General Opinion No. 1995-073 PDF Author: Carla J. Stovall
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Languages : en
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A legislative act which imposes an earnings limitation applicable to retirants of the Kansas police and firemen's retirement system who were previously not subject to an earnings limitation, or which includes employment previously not subject to an earnings limitation, modifies the vested contractual interests of the retirants and violates the contract clause of the United States constitution if it does not provide an off-setting advantage. Cited herein: K.S.A. 1994 Supp. 74-4914, as amended by L. 1995, ch. 267, section 8; 74-4957, as amended by L. 1995, ch. 267, section 22; 74-4963, as amended by L. 1995, ch. 267, section 23; 1995 H.B. 2076; U.S. Const., art. 1, section 10.