Attorney General Opinion No. 1995-064

Attorney General Opinion No. 1995-064
Author: Carla J. Stovall
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Release: 1995
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The Kansas open records act (KORA) requires access to all public records, unless they are permissibly or mandatorily closed pursuant to some specific legal authority. While a county may, through its exercise of home rule, establish a proprietary computerized system which allows computer access to certain public records on a paid subscription basis, this arrangement does not alter the applicability of the KORA to public records nor does such a proprietary system alter the nature of a public record. A public agency may establish subscription fees and other charges for on-line access to computerized public records through the use of proprietary software. Public records accessed through such a system remain public records, and must also be available upon a record request, at a fee not exceeding the actual cost of their production. Cited herein: K.S.A. 21-3914; 45-215; 45-216; K.S.A. 1994 Supp. 45-217; K.S.A. 45-218; K.S.A. 1994 Supp. 45-219; K.S.A. 45-220; K.S.A. 1994 Supp. 45-221, as amended by 1995 H.B. 2203.

Attorney General Opinion No. 1996-064

Attorney General Opinion No. 1996-064
Author: Carla J. Stovall
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Release: 1996
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Because the mortgage registration fee is a tax on property, mortgages tendered for filing by a city would be exempt from payment of the mortgage registration fee if the mortgage instrument is used exclusively by the state, a municipality or political subdivision of the state. Cited herein: K.S.A. 1995 Supp. 79-201 a; 79-3102; 79-3606.

Attorney General Opinion No. 1995-046

Attorney General Opinion No. 1995-046
Author: Carla J. Stovall
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Release: 1995
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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. 1995-095

Attorney General Opinion No. 1995-095
Author: Carla J. Stovall
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Release: 1995
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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
Author: Carla J. Stovall
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Release: 1995
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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. 1995-114

Attorney General Opinion No. 1995-114
Author: Carla J. Stovall
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Release: 1995
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Except to the extent the duration of a term of public office is specified or limited by the Kansas constitution, the legislature may constitutionally alter the term, even if the effect is to cut short the unexpired term of an incumbent officer. A person appointed to public office has no vested property or liberty interest in holding the office. Nor does an incumbent have a contract right to hold the office for the duration of the original fixed term. Cited herein: Kan. const. art. 2, section 18, art. 6, sections 2, 3, art. 15, secs. 1, 2; K.S.A. 74-3201, as amended by L. 1995, ch. 241, section 12; K.S.A. 75-4315b; L. 1995, ch. 241.

Attorney General Opinion No. 1995-024

Attorney General Opinion No. 1995-024
Author: Carla J. Stovall
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Release: 1995
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The "governor's cabinet" has evolved through custom and tradition loosely patterned after the United States president's cabinet. Each member of the president's cabinet has a constitutional duty to provide opinions as the principal officer of an executive department when required by the president. U.S. const., art. II, section 2. There is a similar provision in the Kansas constitution. As such, cabinet members serve as advisors to the governor. The members of the current governor's cabinet include the secretaries of various state departments who are appointed by the governor subject to the confirmation of the senate and serve at the pleasure of the governor. In our opinion, the legislature may require that the secretary of the board of agriculture serve as a member of the governor's cabinet because as a member of the executive department she is already subject to the governor's request for information regarding her duties. Cited herein: K.S.A. 32-801; 74-5002; K.S.A. 1994 Supp. 75-3702; 75-5001; 75-5101; 75-5203; 75-5301; 75-5601; 75-5701; 75-5903. Kan. Const., art. 1, section 1; Kan. Const., art. 1, section 4; Kan. Const., art. 15, section 1; U.S. Const., Art. II, section 2.

Attorney General Opinion No. 1990-064

Attorney General Opinion No. 1990-064
Author: Robert T. Stephan
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Release: 1990
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K.S.A. 19-101b does not specifically provide a format for a petition demanding that a resolution of a county be submitted to a vote of the electors. Therefore, such a petition must meet the requirements of K.S.A. 25-3602. The petition must clearly state the question which petitioners seek to bring to an election and each circulator must sign a verification at the end of each set of documents which that circulator carried. It is not necessary for each and every document to contain a separate verification. The verification must be accompanied by an oath or affirmation of the circulator stating to the effect that the circulator has personally witnessed the signatures contained on the documents. In lieu of an oath or affirmation, the verification may be accompanied by the statement contained in K.S.A. 1989 Supp. 53-601. However, state statute does not require that the verification be notarized. Cited herein: K.S.A. 12-688 (repealed, L. 1986, ch. 173, section 85); K.S.A. 19-101b; K.S.A. 1989 Supp. 25-3601; K.S.A. 25-3602; K.S.A. 1989 Supp. 53-601; K.S.A. 54-101; 79-5036.

Attorney General Opinion No. 1995-100

Attorney General Opinion No. 1995-100
Author: Carla J. Stovall
Publisher:
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Release: 1995
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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. 1999-064

Attorney General Opinion No. 1999-064
Author: Carla J. Stovall
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Release: 1999
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The City of Prairie Village does not currently exercise sufficient control over the Prairie Village Development Corporation (PVDC) to bring the PVDC within the Kansas Open Meetings Act's requirements. Cited herein: K.S.A. 1998 Supp. 45-217; K.S.A. 75-4317, as amended by L. 1999, Ch. 95, section 1; 75-4318.