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 072 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: T̲h̲e̲ ̲W̲y̲a̲n̲d̲o̲t̲t̲e̲ ̲E̲c̲h̲o̲, in its current form, qualifies as a newspaper in which legal notices may be published pursuant to K.S.A. 1988 Supp. 64-101. Cited herein: K.S.A. 1988 Supp. 64-101.

Download or read book Attorney General Opinion No 1981 072 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Except as limited by the state constitution and the grant of authority to the federal, government by the federal constitution, the power of the state legislature is absolute with respect to all offices it creates. Such power includes the authority to shorten or lengthen the term of a public office, even though the effect may be to curtail or extend an incumbent's unexpired term. Thus, the provisions of K.S.A. 1980 Supp. 24-412 which extend the terms of office of drainage district directors elected in March of 1980 until April of 1983 represent a valid exercise of legislative authority. Cited herein: K.S.A. 1980 Supp. 24-409, 24-412, Kan. Const., Art. 2, section 18, Art. 15, section 1, L. 1980, ch. 107.

Download or read book Attorney General Opinion No 1985 072 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A city may use moneys credited to a special liability expense fund to purchase tort liability insurance, but may not use such moneys to construct a "holding pond" on city property. While a city may reduce or eliminate the tax levy authorized by subsection (c) of K.S.A. 75-6110, it may not transfer tax moneys in the special liability expense fund to the general fund of the city. Cited herein: K.S.A. 75-6110, 75-6111, 79-5001, 79-5016; Kan. Const., Art. 11, section 5.

Download or read book Attorney General Opinion No 1993 072 written by Robert T. Stephan and published by . This book was released on 1993 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In the absence of legislation implementing the consolidation of probation, parole and community corrections services, the "consolidation" provision of section 300 of chapter 239 of the 1992 Session Laws is a nullity. Cited herein: L. 1992, ch. 239, secs. 284, 300.

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 075 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 local government cannot be held liable for a violation of civil rights by its agents under 42 U.S.C. section 1983 on the basis of a respondeat superior theory. Local governments are liable only when execution of a government policy or custom inflicts the injury. Cited herein: K.S.A. 1987 Supp. 8-116a; 42 U.S.C. section 1983.

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 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 014 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: Pursuant to K.S.A. 1987 Supp. 19-101a(20), counties may not exempt or change the provisions contained in K.S.A. 1987 Supp. 19-211. Pertinent language of Attorney General Opinion No. 87-164 is amended so as to be consistent with this rule. Cited herein: K.S.A. 1987 Supp. 19-101a(20); 19-211.

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 1988 112 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: Courts presume the constitutionality of a statute and resolve all doubts in favor of its validity. This presumption, when combined with the lack of prohibitory language in K.S.A. 25-3802, leads us to conclude that, while state law does not require an officer of a county central committee to be a member of a precinct committee, a political party may require such membership. Cited herein: K.S.A. 25-3802.

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 044 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: In B̲e̲l̲l̲o̲t̲t̲i̲ ̲v̲.̲ ̲B̲a̲i̲r̲d̲, 443 U.S. 622, 995 S. Ct. 3035, 61 L. Ed. 2d 797 (1979) (plurality opinion) the United States Supreme Court held that the United States Constitution would permit a state to require a pregnant minor to obtain parental consent to an abortion if the state provided an alternative procedure whereby the minor could establish that she was mature enough to make the decision on her own or that it would be in her best interests to have the abortion. Since 1988 House Bill No. 2950 establishes such an alternative procedure, it is our opinion that its parental consent requirements would pass constitutional muster. Cited herein: 1988 House Bill No. 2950.

Download or read book Attorney General Opinion No 1988 059 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 school district is obligated to furnish or provide transportation to students who reside in the district, and who reside more than two and one-half miles from the schoolhouse, with some exceptions for those students who live and attend school in a city. The district's obligation is fulfilled when it provides bus transportation, reimburses persons who furnish transportation in privately owned vehicles, or utilizes a combination of both. A county has a duty to keep county roads in repair. Whether repairing a road necessarily involves graveling is a question of fact for the courts. While a family that lives on a county dirt road is obligated to require their children to attend school, that obligation does not encompass graveling the county dirt road. In the absence of a tax levy or establishment of a road benefit district, other adjoining property owners also do not appear to have an obligation to involuntarily share in the repair expense which would be incurred should the county dirt road be graveled. Cited herein: K.S.A. 68-115, 68-502, 68-5,100, 68-701, 68-702, 72-1111, K.S.A. 1987 Supp. 72-1113, K.S.A. 72-8301, 72-8302, 72-8304.

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 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.