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.
Download or read book Attorney General Opinion No 1992 128 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. 1991 Supp. 74-4960, as amended by L. 1992, ch. 321, section 14, and 74-4960a, as amended by L. 1992, ch. 321, section 15, the Kansas public employees retirement system (KPERS) is obligated to make payment of the 10% benefit due a minor child of a disabled member of the Kansas police and firemen's retirement system (KP & F) only to a legally appointed conservator. It is necessary, therefore, that a conservator be appointed for each minor child of the member's family. Unless the divorce decree provides otherwise, a member of KP & F who is making child support payments pursuant to a divorce decree is entitled to credit toward those payments the amount of the 10% benefit paid by KPERS to the conservator of the minor child. If the 10% benefit exceeds the amount owed pursuant to the divorce decree, the excess will be considered a gratuity under the divorce decree. If the court determines that payment of the 10% benefit to a conservator somehow results in a material change in circumstances, the court may modify the order fixing child support. Cited herein: K.S.A. 20-165, as amended by L. 1992, ch. 312, section 1; K.S.A. 1991 Supp. 59-3004; 60-1610, as amended by L. 1992, ch. 273, section 2; 74-4916, as amended by L. 1992, ch. 321, section 8; 74-4927h; 74-4959, as amended by L. 1992, ch. 321, section 13; K.S.A. 74-4960, as amended by L. 1992, ch. 321, section 14; 74-4960a, as amended by L. 1992, ch. 321, section 15.
Download or read book Attorney General Opinion No 1992 042 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: 1992 Senate Bill No. 174 does not violate the provisions of article 15, section 12 of the Kansas constitution. Cited herein: K.S.A. 44-803; 44-809; Kan. Const., art. 15, sec. 12.
Download or read book Attorney General Opinion No 1992 127 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 15, section 10 of the Kansas constitution does not preclude the legislature from amending K.S.A. 1991 Supp. 41-2646 to allow counties to consider a proposition to limit sales of liquor by the drink in public places to those places which obtain a temporary permit. K.S.A. 1991 Supp. 41-2642 would need to be amended as well, should the legislature choose to do this. Cited herein: K.S.A. 1991 Supp. 41-2642; 41-2646; L. 1947, ch. 248, section 1; Kan. Const., art. 15, section 10.
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 117 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. 75-5501 does not authorize members of an employee organization to designate part of their payroll deducted monthly dues be contributed by the state to political action committees. An agreement between the state and an employee organization to deduct membership dues from non-members would be contrary to article 15, section 12 of the Kansas constitution and K.S.A. 75-5501 unless the employee has voluntarily signed a written authorization-assignment. Finally, an "actual direct expense" for purposes of K.S.A. 75-5501(b)(4) is not limited to the transaction cost incurred by the state's computer in taking a specified sum from the check. Cited herein: K.S.A. 75-4333; 75-4337; 75 -5501; Kan. Const., Art. 15, section 12.
Download or read book Attorney General Opinion No 1993 015 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: The chief engineer of the division of water resources of the Kansas state board of agriculture is authorized to initiate proceedings to designate an intensive groundwater use control area under K.S.A. 1992 Supp. 82a-1038. Such a conservation plan cannot be effected by the promulgation of rules and regulations. Cited herein: K.S.A. 1992 Supp. 82a-733; K.S.A. 82a-1036; K.S.A. 1992 Supp. 82a-1038.
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 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 1992 100 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 trust company's powers do not include the authority to branch. Cited herein: K.S.A. 9-801; 9-901; 9-1111, as amended by L. 1992, ch. 61, section 1; 9-1801; 9-2103.
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 105 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 attempt by a board of education and a professional employees' organization to ratify amendments to the contracts of employment of professional employees without submitting the amendments to a vote of the professional employees pursuant to K.S.A. 72-5421 would conflict with the purposes of professional negotiation recognized by the legislature. Any provisions of an agreement conferring such authority upon a board of education and a professional employees' organization would be void and unenforceable. Cited herein: K.S.A. 72-5411, as amended by L. 1992, ch. 20, section 1; K.S.A. 1991 Supp. 72-5412; 72-5413; K.S.A. 72-5414; 72-5421; K.S.A. 1991 Supp. 72-5423; K.S.A. 72-5424; 72-5437, as amended by L. 1992, ch. 20, section 2.
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 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 1989 015 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: Subsection (c) of K.S.A. 1988 Supp. 75-6116 generally provides a governmental entity may pay a part of any judgment taken against an employee for punitive or exemplary damages if the government entity finds three conditions exist. The statute requires that a judgment be rendered before the governmental entity may consider whether the conditions attendant to payment have been met. Cited herein: K.S.A. 1988 Supp. 75-6116.
Download or read book Attorney General Opinion No 1992 034 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 law enforcement officer acting within the scope of employment who arrests the "primary aggressor" pursuant to a written agency policy regarding domestic violence calls adopted pursuant to K.S.A. 1991 Supp. 22-2307 is not liable for damages resulting from the enforcement of such policy. In addition, the administrative judge may appoint law enforcement officers as process servers for purposes of serving protection from abuse documents. The plaintiff in a protection from abuse case may be considered an agent of the clerk for purposes of delivering appropriate documents to an appointed process server. Cited herein: K.S.A. 21-3721; K.S.A. 1991 Supp. 22-2307; 22-2308; 60 - 303; 60-3101; 60-3104; 60-3105; 60-3106; 60-3107.
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.
