Attorney General Opinion No. 1996-068 PDF Download
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Author: Carla J. Stovall
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Languages : en
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K.S.A. 45-216(a) requires public records to be open for inspection unless the record falls within one of the exceptions listed in K.S.A. 1994 Supp. 45-221. An agency shall not be required to disclose records of a utility unless the request concerns billings for a specific individual customer named by the requester. A request for records which does not fall under an exclusion listed in K.S.A. 45-221 (a) cannot be denied for the reason that the requester plans to contact those listed for the purpose of purchasing property or services. Cited herein: K.S.A. 21-3914; 45-216; 45-220; K.S.A. 1994 Supp. 45-221, as amended by L. 1996. ch. 196, section 1 and ch. 256, section 15.
Author: Carla J. Stovall
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Languages : en
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K.S.A. 45-216(a) requires public records to be open for inspection unless the record falls within one of the exceptions listed in K.S.A. 1994 Supp. 45-221. An agency shall not be required to disclose records of a utility unless the request concerns billings for a specific individual customer named by the requester. A request for records which does not fall under an exclusion listed in K.S.A. 45-221 (a) cannot be denied for the reason that the requester plans to contact those listed for the purpose of purchasing property or services. Cited herein: K.S.A. 21-3914; 45-216; 45-220; K.S.A. 1994 Supp. 45-221, as amended by L. 1996. ch. 196, section 1 and ch. 256, section 15.
Author: Carla J. Stovall
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Languages : en
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A city may regulate the size and spacing of signs and billboards located on private property. Such regulation may not conflict with 12 U.S.C. section 131 and K.S.A. 68-2231 et seq., however, both laws recognize a city's regulatory authority over the erection, maintenance, size, spacing and lighting of signs in commercial and industrial areas. Cited herein: K.S.A. 68-2231; 68-2233; 68-2234; 23 U.S.C. section 131.
Author: Carla J. Stovall
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Languages : en
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Government imposed content-based restrictions on speech are generally impermissible under the first amendment. However, a carefully crafted racial and sexual discrimination and harassment policy that is directed at conduct violative of title VI, title VII or title IX may indirectly regulate speech that is "swept up incidentally within" the policy's reach. Cited herein: 20 U.S.C.A. section 1681; 42 U.S.C.A. sections 2000d, 2000e; 29 C.F.R. section 1604.11.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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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.
Author: Carla J. Stovall
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Languages : en
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Rural water districts created pursuant to KS. A. 82a-612 et seq. may, under certain conditions, recoup the costs of relocating water lines which cross a state funded highway project, KS. A 1995 Supp. 68-415. A public wholesale water supply district is not eligible for the reimbursement of costs because the statute is specific to rural water districts. However, a rural water district, which cooperates with another entity to create a public wholesale water district, but has water lines which remain the property of a rural water district and otherwise meet the statutory requirement of the 90% limitation may be eligible for the recoupment, notwithstanding its joining with another entity to create a public wholesale water district under KS. A 19-3545. Cited herein: KS. A 19-3545; 19-3547; KS. A 1995 Supp. 68-415; KS. A. 82a-612.
Author: Carla J. Stovall
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Languages : en
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The Kansas Supreme Court has the inherent power to prescribe conditions for admission to the bar and to regulate and control the practice of law. While there are statutes that relate to the practice of law, such statutes are effective only when in accord with the inherent power of the judiciary. Both K.S.A. 44-536(a) and rule 1.5(d) of the Kansas model rules of professional conduct adopted by Supreme Court rule 226 deal with how attorney fees in contingent fee cases are calculated. Because both the court's rule and the statute are intended to achieve the same goal, the legislation does not have a deleterious impact on the court's function. For this reason, K.S.A. 44-536(a) does not amount to a usurpation of power in contravention of the separation of powers doctrine and therefore is a statutory enactment which the court would sanction as in accord with the court's inherent power to regulate and control the practice of law. Cited Herein: K.S.A. 7-103; 7-104; 7-106; 7-108; 7-109; 7-111; K.S.A. 1995 Supp. 7-121b; K.S.A. 44-510c; 44-521; 44-531; 44-536.
Author: Carla J. Stovall
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Languages : en
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A citizen has a constitutionally protected right to participate in elections on an equal basis with other citizens in the jurisdiction. In order to ensure exercise of this right, state statute and the national voter registration act require that sites designated as places of registration be open to the public at large. Designation of sites which are not open to the public at large may result in legal action against the public entity responsible for the operation of the place of registration. Cited herein: KS. A. 25-2302; 25-2303; 25-2309; 252310; 25-2311; 25-2312; 25-2313; 42 U.S.C.A. section 1973gg; 42 U.S.C.A. section 1973gg-5; 42 U.S.C.A. section 1973gg-9.
Author: Carla J. Stovall
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Languages : en
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Because section 11(d) of 1996 senate bill no. 585 provides for a substantive rather than a procedural or remedial change, and in the absence of legislative intent that it operate retroactively, in our opinion it should be applied prospectively to felony drug offenses committed after July 1, 1996 and not retroactively to felony drug offenses committed on or after July 1, 1993 but before July 1, 1996 even if the sentencing occurs after July 1, 1996. Cited herein: K.S.A. 21-4705, as amended by 1996 SB 585.
Author: Carla J. Stovall
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Languages : en
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A county is not generally required to provide burial markers for deceased veterans, but is authorized to do so under home rule powers. Cited herein: K.S.A. 19-101a, as amended by L. 1996, ch. 68, section 2; 73-301; 73-302; 73-304; 73-305; 73-306; K.S.A. 73-430 (Weeks 1972); K.S.A. 73-431; 73-432.
Author: Carla J. Stovall
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Languages : en
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No constitutional or statutory authority exists for the election of fire district trustees at a general election. Absent such authority, no valid election of fire district trustees may be called and held at the general election conducted in either April or November. Cited herein: K.S.A. 19-101; 19101a, as amended by L. 1996, ch. 68, section 2; 19-3601; 19-3612a; 25-101; 251601; 25-2021; 25-2107; 25-2502.
