Download or read book Attorney General Opinion No 1992 003 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A board of education for a unified school district may establish and implement an affirmative action contracting program. Any racial classification set forth in the program must be justified by a compelling governmental interest and the means chosen to effectuate the purpose for the program must be narrowly tailored to the achievement of that goal. Cited herein: K.S.A. 44-1009, as amended by L. 1991, ch. 147, section 6; K.S.A. 1990 Supp. 72-6760, as amended by L. 1991, ch. 226, section 10; K.S.A. 72-8201; 72-8205; Kan. Const., Bill of Rights, 55 1, 2; Kan. Const., art. 6, section5; U.S. Const., amend. 14, section 1.

Download or read book Attorney General Opinion No 1992 137 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The provisions of the student publications act, L.1992, ch. 5, sections 1, 2, 3, are not applicable to community colleges. Cited herein: L. 1992, ch. 5, sections 1, 2, 3; U.S. Const., Amend. I.

Download or read book Attorney General Opinion No 1992 151 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on I̲n̲ ̲r̲e̲ ̲A̲p̲p̲l̲i̲c̲a̲t̲i̲o̲n̲ ̲o̲f̲ ̲N̲o̲e̲l̲ ̲f̲o̲r̲ ̲D̲i̲s̲c̲h̲a̲r̲g̲e̲ ̲H̲e̲a̲r̲i̲n̲g̲, 17 Kan. App. 2d 303 (1992), it is our opinion that K.S.A. 1991 Supp. 22-3428(3), as amended, and K.S.A. 1991 Supp. 22-3428a(3), which are used to determine the need for continued commitment of insanity acquittees, violate the due process and equal protection clauses of the 14th amendment by not placing the burden of proof upon the state to show by clear and convincing evidence both the committed person's continued insanity and dangerousness. However, rather than striking the statutes down, the Court of Appeals engrafted the essential requirements onto the statutes. Cited herein: K.S.A. 1991 Supp. 22-3428, as amended by L. 1992, ch. 309, section 3; 22-3428a.

Download or read book Attorney General Opinion No 1992 136 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Documents circulated by electors of the city of Cherryvale seeking to bring about a change in the form of city government and the number of wards in the city constitute two separate petitions. Each petition must be able to stand on its own in meeting the requirements for a sufficient petition. A recital of the circulator must be included in each petition. A question regarding abandonment of the commission form of government is to be submitted to the qualified electors of the city at the next city or state general or primary election following by not less than 60 days the certification of the petition. A petition requesting that the question be submitted at an election held at any other time is a nullity. Division of the city into wards is essentially an administrative function, and is not subject to initiative and referendum. A petition requesting a change in the number of wards of a city is therefore of no legal consequence. Cited herein: K.S.A. 12-184; 12-3013; 14-103; 14-1807; K.S.A. 1991 Supp. 25-3601, as amended by L. 1992, ch. 194, section 2; 25-3602, as amended by L. 1992, ch. 194, section 3.

Download or read book Attorney General Opinion No 1992 133 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: When the legislature has named a day on which an election is to be held, or places bounds within which it must be held, a proclamation naming a day other than that fixed by the statutes is void and the election confers nothing. K.S.A. 19-204, as amended by L. 1992, ch. 38, section 4 provides that an election regarding a change in the number of county commissioners is to be conducted on the day of the general election, following not less than 60 days the presentation of the petition. Because November 3, 1992, falls within that 60-day period, an election regarding a change in the number of county commissioners for Chase county may not be called for November 3, 1992, but rather, must be called for the date of the general election to be conducted in November, 1994. Cited herein: K.S.A. 19-204, as amended by L. 1992, ch. 38, section 4; 25-2502; K.S.A. 1991 Supp. 25-3601, as amended by L. 1992, ch. 194, section 2; 25-3602, as amended by L. 1992, ch. 194, section 3; 77-201; Kan. Const., art. 4, section 2.

Download or read book Attorney General Opinion No 1992 031 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: An individual who is employed as an instructor at a state educational institution is not precluded by constitutional or statutory provision from concurrently serving as a member of the legislature. Cited herein: K.S.A. 1991 Supp. 75 - 2935; 76-712; K.S.A. 76-714; 76-715; Kan. Const., art. 6, section 3.

Download or read book Attorney General Opinion No 1992 085 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Article 3, section 13 of the Kansas constitution precludes a sitting district court judge from being a member of the Kansas commission on governmental standards and conduct in the absence of any provision of law specifically authorizing such membership. Cited herein: K.S.A. 20-2201; 20-2301; 25-113; K.S.A. 1991 Supp. 25-4119a; 25-4119d; K.S.A. 46-215; 75-3223; Kan. Const., art. 3, section 13.

Download or read book Attorney General Opinion No 1992 156 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In granting the department of social and rehabilitation services a claim against the estates and payable on death accounts of certain decedents who had received assistance, the legislature intended that the claims be enforced by existing provisions of the probate and civil codes and did not intend to grant the department independent authority to order payment. Cited herein: K.S.A. 9-1215, as amended by L. 1992, ch. 150, section 1; 9-1216, as amended by L. 1992, ch. 150, section 2; 17-2263, as amended by L. 1992, ch. 150, section 3; 17-2264, as amended by L. 1992, ch. 150, section 4; 17-5828, as amended by L. 1992, ch. 150, section 5; 17-5829, as amended by L. 1992, ch. 150, section 6; K.S.A. 1991 Supp. 39-708c, as amended by L. 1992, ch. 322, section 5; 39-709, as amended by L. 1992, ch. 150, section 7; K.S.A. 58-3901; K.S.A. 1991 Supp. 58-3910; 58-3912; K.S.A. 58-3914; K.S.A. 1991 Supp. 59-102; K.S.A. 59-514; 59-1301, as amended by L. 1992, ch. 150, section 8; K.S.A. 1991 Supp. 59-901; 59-1401; 59-2236; 59-2239; 42 C.F.R. section 483.10.

Download or read book Attorney General Opinion No 1992 120 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 12-1019 authorizes a petition seeking to bring to an election a question regarding a change in the form of government for a city. K.S.A. 1991 Supp. 25-3601, as amended by L. 1992, ch. 194, section 2, establishes in part the requirements for such petition. The amendment adopted in L. 1992, ch. 194, section 2 is merely procedural in nature, and therefore may be applied retrospectively to petitions being circulated prior to April 30, 1992, the effective date of the amendment. A petition drafted on March 31, 1992, should, prior to its circulation, be submitted to the county attorney for an opinion regarding the legality of the form of the question unless such retrospective application of the requirement results in a manifest injustice. Cited herein: K.S.A. 12-184; 12-1019; K.S.A. 1991 Supp. 25-3601, as amended by L. 1992, ch. 194, section 2; U.S. Const., art. 1, section 10.

Download or read book Attorney General Opinion No 1992 088 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the language of the statutes do not allow for an increase in the allowable fees for private process servers and because the county's home rule powers (K.S.A. 19-101) would not be applicable in this instance, it is this office's opinion that the county cannot compensate private process servers in an amount in excess of that which is set out in K.S.A. 1991 Supp. 28-110. Cited herein: K.S.A. 1991 Supp. 28-110; 60-303(3).

Download or read book Attorney General Opinion No 1992 101 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Persons and corporations conducting a state funded peer assistance program on behalf of a state agency are subject to the audit authority of the state insofar as such audits relate to the state funded program. The confidentiality and privilege provisions of 42 U.S.C., section 290ee-3, K.S.A. 1991 Supp. 65-4921 e̲t̲ s̲e̲q̲. or K.S.A. 1991 Supp. 47-846 e̲t̲ s̲e̲q̲. may be read in harmony with the access authority given the legislative division of post audit pursuant to K.S.A. 46-1101 e̲t̲ s̲e̲q̲. The record closure laws cited herein do not prohibit or prevent access to such records by the division of legislative post audit. Pursuant to the dictates and exceptions of the acts cited herein, such records are and should remain confidential, privileged and otherwise unaccessible whether possessed by the program, the state agency or the division of post audit. Cited herein: K.S.A. 1991 Supp. 40-3401, as amended by L. 1992, ch. 156, section 2; K.S.A. 45-215; 45-217, as amended by L. 1992, ch. 321, section 22; K.S.A. 1991 Supp. 45-221; K.S.A. 46-1101; K.S.A. 1991 Supp. 46-1106; 46-1108; K.S.A. 46-1112; K.S.A. 1991 Supp. 46-1114; K.S.A. 46-1115; 46-1116; K.S.A. 1991 Supp. 47-846; 47-849; 65-4921; 65-4923; 65-4924; 65-4925; 42 U.S.C. section 290ee-3; 42 C.F.R. 2.1; 42 C.F.R. 2.53.

Download or read book Attorney General Opinion No 1992 083A written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The sheriff of the county where the action is filed is responsible for the service of process by certified mail. Attorney General Opinion No. 92-83 is accordingly revised. Cited herein: L. 1992, ch. 290.

Download or read book Attorney General Opinion No 1992 022 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to K.S.A. 8-237 the chief law enforcement officer of a local unit of government can only recommend to the division of vehicles if an applicant should be issued a driver's license. The final decision rests with the division of vehicles. Cities and counties are not able to use their home rule powers to deny licenses to persons under the age of 16 years if the statute is uniformly applicable and does not grant such authority. Allowing the raising of the driving age to 16 years, in some counties but not others, will not violate an individual's constitutional right to equal protection. Cited herein: K.S.A. 8-237, Kan. Const., Art. 12, section 5.

Download or read book Attorney General Opinion No 1992 146 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: County commissioners elected to positions created by an increase in the number of commissioner districts pursuant to K.S.A. 1991 Supp. 19-203(c), as amended by L. 1992, ch. 38, section 3, are to take office on the second Monday in January following their election. Cited herein: K.S.A. 19-202, as amended by L. 1992, ch. 38, section 2; K.S.A. 1991 Supp. 19-203, as amended by L. 1992, ch. 38, section 3; K.S.A. 25-313.

Download or read book Attorney General Opinion No 1992 126 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Non-profit commercial enterprises that meet the requirements of section 3 of the enterprise zone act are eligible for the sales tax exemption provided by K.S.A. 1991 Supp. 79-3606(ee), as amended. Cited herein: K.S.A. 2-2602; 2-3001; 12-17,108 (repealed, L. 1992, ch. 202, section 15); K.S.A. 1991 Supp. 32-964, as amended by L. 1992, ch. 292, section 1; 74-8103, as amended by L. 1992, ch. 221, section 3; 79-3271; K.S.A. 79-32,153; 79-34,108, as amended by L. 1992, ch. 106, section 30; K.S.A. 1991 Supp. 79-3606, as amended by L. 1992, ch. 202, section 13; K.S.A. 79-4301, Art. IV; L. 1992, ch. 202, sections 2, 3.

Download or read book Attorney General Opinion No 1992 074 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: As it appears no compelling governmental interest is served by the durational residence requirement set forth in K.S.A. 76-1908(b), the requirement results in a violation of the equal protection clause and is therefore unconstitutional. Cited herein: K.S.A. 76-1902b; 76-1908; L. 1889, ch. 235, section 11; U.S. Const., art. I, section 8; U.S. Const., art. IV, section 2; U.S. Const., Amend. XIV.

Download or read book Attorney General Opinion No 1992 015 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The use of the word "shall" in a statute which specifies a set number of meetings per year is directory not mandatory if that statute does not provide consequences for non-compliance. Members of the advisory commission on health and environment should be compensated with subsistence allowances, and reimbursement for mileage and other actual and necessary expenses for attending commission meetings. Cited herein: K.S.A. 75-3223; 75-5656.