Download or read book Attorney General Opinion No 1988 002 written by Robert T. Stephan and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the provisions of subsection (c) of K.S.A. 46-922, the head of a state agency may pay up to $500 to persons for loss or damage to property, where such loss or damage was caused by the negligence of the state or any agency, officer or employee thereof. Claims for personal injuries may not be paid under the provisions of the aforesaid statute. Cited herein: K.S.A. 46-922.

Download or read book Attorney General Opinion No 1988 074 written by Robert T. Stephan and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 1988 Substitute for House Bill No. 2219 does not violate Art. 2, section 16 of the Kansas Constitution which prohibits a bill from containing more than one subject. The Kansas courts have ruled that a statute should not be declared invalid under this provision unless invalidity is manifest. It is not clearly manifest that H.B. 2219 contains more than one subject, as both bills that were combined in the final version of H.B. 2219 concern animal welfare. None of the circumstances for which Art. 2, section 16 was designed to prevent are present in this case. Further, the title of H.B. 2219 clearly expresses the subject matter and gives fair notice of the content of the bill as constitutionally required. Cited herein: K.S.A. 1987 Supp. 21-1213; 1988 Substitute for House Bill No. 2219; Kan. Const. Art. 2, section 16.

Download or read book Attorney General Opinion No 1988 139 written by Robert T. Stephan and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.A.R. 74-6-2 requires an additional office of a certified public accountant (CPA) have a resident manager who devotes more than half of his working time to the affairs of that office. This regulation is outside the scope of the legislatively delegated powers in that it violates the Fourteenth Amendment of the United States Constitution. Cited herein: K.S.A. 1-202 e̲t̲ s̲e̲q̲.; K.S.A. 1987 Supp. 77-425, as amended by L. 1988, ch. 366, sec. 38; K.A.R. 74-6-1; 74-6-2; 74-6-1; U.S. Const., Fourteenth Amend.

Download or read book Attorney General Opinion No 1988 034 written by Robert T. Stephan and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: While there is no express provision in the Kansas Constitution that prohibits the legislature from appointing its members to administrative boards or commissions, the separation of powers doctrine prohibits the legislature from usurping the powers of another governmental branch. In view of the case law history of this doctrine and the facts with which we have been presented, we cannot conclusively say that legislative membership on the emergency medical services board is unconstitutional under the separation of powers doctrine. Cited herein: K.S.A. 65-4316; 74-2127; Kan. Const., Art. 2, section 14; 1988 House Bill No. 2639.

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Attorney General Opinion No 1988 107 written by Robert T. Stephan and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: L. 1988, ch. 115, which allocates good time credits for the purpose of determining parole eligibility and conditional release should be applied retroactively to those sentenced under K.S.A. 21-4618 prior to July 1, 1982. Cited herein: K.S.A. 21-4618; K.S.A. 1987 Supp. 22-3717 as amended by L. 1988, ch. 115, section 2.

Download or read book Attorney General Opinion No 1988 086 written by Robert T. Stephan and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Section 2(b) of 1988 Senate Bill No. 574 provides that the Secretary of Commerce "shall develop criteria for the review and analysis of loan applications under this section." As the criteria to be developed appear to fall within the definition of a rule or regulation, as set forth in K.S.A. 77-415(4), they must be adopted and filed in accordance with the provisions of K.S.A. 77-415 e̲t̲ s̲e̲q̲. Cited herein: K.S.A. 77-415; 1988 Senate Bill No. 574.

Download or read book Attorney General Opinion No 1988 047 written by Robert T. Stephan and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Section 7(a)(15) of a 1988 Senate Bill No. 727, amending K.S.A. 1987 Supp. 17-5904 by providing an additional exemption to the corporate farming act, is unconstitutional. It violates Sections 1 and 2 of the Kansas Bill of Rights and the Equal Protection Clause of the 14th Amendment to the United States Constitution in that it establishes an arbitrary classification that does not bear a rational relationship to the purpose of the act. Cited herein: K.S.A. 17-5902; K.S.A. 1987 Supp. 17-5904; 1988 Senate Bill No. 727; Kan. Bill of Rights, sections 1, 2; U.S. Const., Amend. XIV.

Download or read book Attorney General Opinion No 1988 095 written by Robert T. Stephan and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The act relating to insurance, concerning captive insurance companies and the regulation of certain title insurance rates, does not violate the provisions of the Kansas Constitution regarding the effective date of a bill, the single-subject requirement, or uniformity of application. Cited herein: K.S.A. 1987 Supp. 40-252; K.S.A. 40-1111, as amended by L. 1988, ch. 156, section 19; K.A.R. 1987 Supp. 40-1-9; L. 1988, ch. 156; Kan. Const., Art. 2, sections 16, 17, 19; Kan. Const., Art. 2, section 17 (1859).

Download or read book Attorney General Opinion No 1988 072 written by Robert T. Stephan and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: An appointed non-lawyer member may not continue membership on the judicial nominating committee once that member has been granted a temporary permit to practice law. Cited herein: K.S.A. 20-119; 20-120, 20-123; 20-124; 20-125; 20-127; Supreme Court Rule 705.

Download or read book Attorney General Opinion No 1988 032 written by Robert T. Stephan and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The land surveyors' licensing statute, K.S.A. 1987 Supp. 74-2044, is constitutional as a valid exercise of the police powers of the state. The exemption from examination found in subsection (b) of this statute is within the discretion of the governing body and evidences an attempt to not unduly burden engineers currently practicing land surveying under their engineering license. In addition, unless mandated by statute, the Board of Technical Professions, as the administrative agency, is under no obligation to provide notice of statutory changes to those affected by the legislation. Cited herein: K.S.A. 1987 Supp. 74-7022, K.S.A. 74-7034 (Ensley 1985), Kan. Const., Art. 2, sections 18.

Download or read book Attorney General Opinion No 1988 114 written by Robert T. Stephan and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 1987 Supp. 2-610(b) does not mandate action by the board of county commissioners within 10 days after initial receipt of a proposed budget. If the proposed budget is not approved within 10 days after its receipt, it should be returned to the board in a timely manner. The board may then resubmit it to the commission for action according to the procedures set forth in the statute. Cited herein: K.S.A. 1987 Supp. 2-610(b); 1987 House Bill No. 2394, L. 1987, ch. 61, section 1.

Download or read book Attorney General Opinion No 1988 010 written by Robert T. Stephan and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Crime Victims Reparations Board (Board) does not have authority to pay reparations to claimants if it does not have funds. However, even if the Board has no money, the Board still has the duty to process claims and make awards. For reasons stated in this opinion, the Board does not have authority to prorate claims. Cited herein: K.S.A. 1987 Supp. 74-7301; K.S.A. 74-7302; 74-7305; 74-7313; Kan. Const., Art. 2, section 24.

Download or read book Attorney General Opinion No 1989 024 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 1989 Senate Bill No. 24 does not violate article 2, section 16 of the Kansas Constitution which prohibits a bill from containing more than one subject. Cited herein: K.S.A. 1988 Supp. 72-7067; K.S.A. 72-7068; K.S.A. 79-4904; Kan. Const., Art. 2, section 16; L. 1988, ch. 17, section 6; L. 1988, ch. 31, section 2.

Download or read book Attorney General Opinion No 1988 131 written by Robert T. Stephan and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A criminal statute should not be extended to embrace conduct not clearly included within the statute's prohibition. K.S.A. 1987 Supp. 74-8810(d)(3) and (e), criminal provisions, do not clearly include a county fair association licensed only as an organization licensee within their prohibition. Thus, it is our opinion that county fair associations, their directors, officers and employees are not statutorily prohibited from wagering on or participating in horse race meetings conducted in this state. Cited herein: K.S.A. 2-125 e̲t̲ s̲e̲q̲.; K.S.A. 1987 Supp. 74-8802; 74-8804, as amended by L. 1988, ch. 315, section 3; 74-8810; Kan. Const., Bill of Rights, section 1; U.S. Const., Amend. Fourteenth.

Download or read book Attorney General Opinion No 1988 050 written by Robert T. Stephan and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 28-175 and K.S.A. 19-705 prohibit additional compensation or fees for performance of duties connected with the office of county attorney beyond what is specifically allowed by law. Case law uniformly allows additional compensation to be paid when a county attorney performs legal services outside the county's jurisdiction. While K.S.A. 22-2616(4) requires a county attorney to remain responsible for prosecution of cases transferred to another venue pursuant to that statute, it does not prohibit compensation or evidence legislative intent to abolish this case law. It is therefore our opinion that the county attorney may properly receive additional compensation for services rendered in another county pursuant to K.S.A. 22-2616(4). Cited herein: K.S.A. 2-1208a; 8-605; 9-2014; 17-1267; 19-701; K.S.A. 1987 Cupp. 19-702; 19-703; K.S.A. 19-705; 19-723; 22-2616(4); 22-3902; 22a-107; 28-175; 65-4036.

Download or read book Attorney General Opinion No 1988 073 written by Robert T. Stephan and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 1988 House Bill No. 2704, places restraints on the "property rights" of individuals in order to promote and protect the well established public welfare interest of insuring that human remains are treated properly. In our opinion it clearly represents a valid exercise of the state's inherent police power. Therefore, any private individual claiming ownership of human skeletal remains would not be entitled to compensation simply because the state regulation requires relinquishment of the remains. However, if a claimant convinced the court that 1988 House Bill No. 2704 operated as an eminent domain taking of an identifiable property interest, rather than a valid exercise of police power, the court could require compensation for any legally held property interest taken by the regulation. Valuation of such a property interest would require consideration of factors set forth in K.S.A. 26-513(d) and evidence of (1) the fair market value and condition of the portion of property at the time of the taking, and (2) the loss of that value to the legal owner. Cited herein: K.S.A. 7-103; 12-707; 12-1401; 13-14c01; 14-1007; 15-1001; 15-1014; 17-1302; 19-1015; 19-2901; 19-3106; 21-3512; 21-4112; 21-4115; 21-4214; 22-3902; 26-513; 41-101; 58-2501; 65-901; 65-1701; 65-4127; 73-301; and 80-916.