Download or read book Attorney General Opinion No 1988 036 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 fund established by a corporation to provide funding for the corporation's own business or subsidiary (exclusively) does not constitute a "local seed capital pool," as that term is defined in subsection (c) of K.S.A. 1987 Supp. 74-8401. Cited herein: K.S.A. 1987 Supp. 74-8401; 74-8402.

Download or read book Attorney General Opinion No 1988 082 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. 36-206 and 36-207, add "dwelling unit" to penal statutes of defrauding an innkeeper or owner. K.S.A. 1987 Supp. 36-206 and 36-207, as applied to tenants, do not violate Section 16 of the Bill of Rights of the Constitution of the State of Kansas nor do they violate the due process provisions of the Fourteenth Amendment of the United States Constitution. Cited herein: K.S.A. 1987 Supp., 26-206; 36-207; Kan. Const., Bill of Rights, section 16; U.S. Const., Fourteenth Amendment.

Download or read book Attorney General Opinion No 1977 036 written by Curt Thomas Schneider and published by . This book was released on 1977 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The tuition charged by the Law Enforcement Training Center for the attendance of a law enforcement officer shall be paid by the county authorizing such person to attend and this expense cannot be charged over to the officer requiring him to reimburse the county through a contract provision.

Download or read book Attorney General Opinion No 1979 036 written by Robert T. Stephan and published by . This book was released on 1979 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Weapons which have been used in the commission of a crime and are no longer required as evidence may be sold by order of the court having jurisdiction of the weapons without placing the weapons for sale at public auction.

Download or read book Attorney General Opinion No 1988 085 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: 42 U.S.C. 290aa, Part C, Sec. 523b(1) prohibits the use of federally provided amounts as a non-federal match contribution. Once a recipient provider has properly received Medicaid reimbursement funds and is free to expend them in any legally permissible manner, those funds become the freely alienable property of that recipient. Thus, such a recipient and not the federal government provides the funds which may thereafter be used to match a grant pursuant to 42 U.S.C. 290aa, Part C, Sec. 523(a). Cited herein: 42 U.S.C. 290aa, Part C, Sec. 523; 42 U.S.C.A. 1396; 42 C.F.R. 74.53; 42 C.F.R. 433.45; K.S.A. 39-701, 39-717, 75-3301, 75-5301; K.A.R. 30-5-58.

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 1989 036 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: The City of Salina, as a municipal corporation, is not specifically precluded from obtaining a license to operate a drinking establishment as long as it is otherwise qualified and meets relevant requirements. The City may only hold such license to further a public purpose, such as operating the concession at the Bicentennial Center. Cited herein: K.S.A. 17-6004; K.S.A. 1988 Supp. 41-2608; 41-2613; 41-2619; 41-2622; 41-2625; Kan. Const., Art. 12, section 5; K.A.R. 14-21-2.

Download or read book Attorney General Opinion No 1984 036 written by Robert T. Stephan and published by . This book was released on 1984 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 15-104 provides that cities of the third class "shall be and remain a part of the corporate limits of the townships in which the same are situated." However, said statutory provision does not operate retroactively so as to effect the status of cities which had become separate townships pursuant to L. 1905, ch. 126, section 1, and such cities are not part of the corporate limits of the townships in which the same are situated. Cited herein: K.S.A. 15-104.

Download or read book Attorney General Opinion No 1990 036 written by Robert T. Stephan and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Behavioral Sciences Regulatory Board may delegate to its staff the task of issuing licenses to practice social work if there is no discretion involved in completing the ministerial task. If executive/legislative discretion must be applied, such delegation is proper when attended with adequate safeguards and standards to guide the exercise of discretion. If issuing or denying a license involves the exercise of discretion as it pertains to personal fitness, the determination of fitness may be delegated provided there is an avenue for relief through an appellate process. Cited herein: K.S.A. 1989 Supp. 65-6309; 65-6311; K.S.A. 77-421; K.A.R. 102-2-7.

Download or read book Attorney General Opinion No 1988 057 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 secretary of corrections may not expend money appropriated pursuant to L. 1987, ch. 335, 58 to lease a facility having a structural capacity of less than 352 inmates. The secretary is not precluded, however, from making a policy determination to use the facility to house less than its maximum capacity. Such a policy decision would not require approval of the legislature under the current statutes, nor would such a decision require approval of the Ellsworth public building commission or the holders of the Ellsworth Public Building Commission Revenue Bonds, Series 1986. Cited herein: K.S.A. 75-5206; K.S.A. 1987 Supp. 75-52,124; L. 1987, ch. 335, section 8; L. 1986, ch. 33, section 25.

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 117 written by Robert T. Stephan and published by . This book was released on 1988 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The letter of notice sent by the Clerk of the Supreme Court to attorneys who fail to register and pay the fee for renewal of their license by July 1 each year, and the return receipt are public records as that term is defined by the Kansas open records act (KORA), K.S.A. 45-215 et seq. These documents are subject to mandatory disclosure as the letter constitutes correspondence intended to give notice of an action relating to a regulatory and enforcement responsibility of the Clerk's office. K.S.A. 1987 Supp. 45-221(a)(14). The list of attorneys certified by the clerk to the Supreme Court who have failed to register and pay the fee, and an order of the Supreme Court suspending an attorney from the practice of law for that reason are also public records which must be disclosed to the public upon request. Cited herein: K.S.A. 45-215; 45-216; 45-217; K.S.A. 1987 Supp. 45-221.

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 097 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 public body must comply with the provisions of the Kansas Open Meetings Act if two tests are met: (1) the body is a legislative or administrative agency of the state or one of its political or taxing subdivisions, or is subordinate to such a body; and (2) the body receives or expends and is supported in whole or in part by public funds. A rural water district meets the first test as it is a political subdivision of the state. The second test is met if the district receives federal or state grants or other such public funding. Cited herein: K.S.A. 24-1201; K.S.A. 1987 Supp. 24-1219; K.S.A. 75-4317; K.S.A. 1987 Supp. 75-4318; K.S.A. 82a-612; K.S.A. 1987 Supp. 82a-613; K.S.A. 82a-614; 82a-616; 82a-619a; 82a-625; 82a-638.

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.

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 Attorney General Opinion No 1988 008 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: Assuming the Kansas Commission on Civil Rights (KCCR) otherwise has the authority to waive jurisdiction over employment and housing discrimination complaints filed by its employees, it is our opinion that the KCCR would not be precluded by the Equal Protection Clause from doing so. Cited herein; K.S.A. 44-1001 e̲t̲ s̲e̲q̲.; 44-1111 e̲t̲ s̲e̲q̲.; 42 U.S.C.S. sections 2000e-5, 3610; 24 C.F.R. sections 105.18, 105.20 (1977); U.S. Const., Amend. XIV.