Download or read book Attorney General Opinion No 1992 073 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: Simply stated, the public purpose doctrine permits the spending of public funds only for public purposes. A benefit to specific individuals does not necessarily deprive the expenditure of its public character if the benefit is incidental to the primary purpose of promoting the public welfare. In our opinion, the cost-share program that provides public monies to assist landowners in plugging their abandoned wells serves the public welfare. The program was implemented in response to the federal water pollution control act (commonly referred to as the clean water act) to expeditiously restore and maintain the biological integrity of the nation's waters. Cited herein: K.S.A. 1991 Supp. 65-101; 65-164; K.S.A. 65-171a; 75-5657; 82a-1213; 82a-1214; 33 U.S.C. sections 1251, 1329, 1362.

Download or read book Attorney General Opinion No 1991 073 written by Robert T. Stephan and published by . This book was released on 1991 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: It is our opinion that unless a specific law alters common law, the presence of five of a nine member board constitutes a quorum of that body and a majority vote of those five members (three) is sufficient to bind the body. If one of the members abstains from the vote, he is deemed to have voted with the majority unless he has an interest or bias in the matter and is therefore disqualified. Where the required majority exists without the vote or presence of the disqualified member, his vote or presence will not invalidate the result. Members disqualified from voting may not be counted when determining whether a quorum is present. Cited herein: K.S.A. 75-4317a.

Download or read book Attorney General Opinion No 1994 073 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 1994 senate bill no. 542 does not prohibit collection of delinquent personal property taxes on escaped property discovered prior to January 1, 1994, nor does it require the county to automatically refund 1992 and prior tax years' delinquent personal property taxes for escaped property discovered after January 1, 1994 that were paid to the county before enactment of the bill. Cited herein: 1994 S.B. No. 542.

Download or read book Attorney General Opinion No 1981 073 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: A municipal court judge is not ethically barred from serving as criminal defense counsel in district court except in those cases on appeal from his or her municipal court. Cited herein: K.S.A. 1980 Supp. 7-125, 20-176.

Download or read book Attorney General Opinion No 1992 106 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: Renovations, alterations or construction of government buildings may be accomplished by using either uniform federal accessibility standards (UFAS) or Americans with disabilities act accessibility guidelines (ADAAG) standards. The reference to 28 C.F.R. part 36 in section 7 of 1992 House Bill No. 2602 as the only standard was a technical error. Local building code officials are not required to investigate complaints about accessibility in public buildings. The enforcement authority of the local building code-officials is limited to denying the application for a building permit for the construction or alteration of a building. Since 1992 House Bill No. 2602 states that all public buildings and facilities shall conform to federal regulations (28 C.F.R. part 36) and no state regulations have been drafted regarding the design and occupancy standard, we must infer that the legislature meant for the federal regulations and interpretations to apply in determining whether a facility is subject to the new construction standards. Unless the landlord-tenant contract provides otherwise, the tenant is not responsible for making other areas included in the path of travel accessible if such is not within the tenant's control. Cited herein: K.S.A. 58-1301, as amended by L. 1992, ch. 208, section 1; K.S.A. 1991 Supp. 58-1305, as amended by L. 1992, ch. 208 section 7; 28 C.F.R. parts 35, 36.

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 1987 073 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 1986 Supp. 21-3914(a) and K.S.A. 45-220(c) provide that n̲̲o̲ l̲i̲s̲t̲ of names and addresses obtained from public records can be used for solicitation purposes. This limitation on the use of such information applies not only to individuals, but also to the name and addresses of businesses which are made public record. Cited herein: K.S.A. 1986 Supp. 21-3914; K.S.A. 45-215; 45-220.

Download or read book Attorney General Opinion No 1997 073 written by Carla J. Stovall and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The provisions of 1997 House Bill No. 2055, dealing with transfer-on-death titling of real property and release of mortgage or deed of trust on real property, do not violate the constitutional provision against bills containing more than one subject. Cited herein: Kan. Const., Art. 2, section 16; 1997 House Bill No. 2055; 1997 House Bill No. 2057, as amended by 1997 House Bill No. 2055, Section 8.

Download or read book Attorney General Opinion No 1995 073 written by Carla J. Stovall and published by . This book was released on 1995 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A legislative act which imposes an earnings limitation applicable to retirants of the Kansas police and firemen's retirement system who were previously not subject to an earnings limitation, or which includes employment previously not subject to an earnings limitation, modifies the vested contractual interests of the retirants and violates the contract clause of the United States constitution if it does not provide an off-setting advantage. Cited herein: K.S.A. 1994 Supp. 74-4914, as amended by L. 1995, ch. 267, section 8; 74-4957, as amended by L. 1995, ch. 267, section 22; 74-4963, as amended by L. 1995, ch. 267, section 23; 1995 H.B. 2076; U.S. Const., art. 1, section 10.

Download or read book Attorney General Opinion No 1977 073 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: House Concurrent Resolution No. 5023, if adopted, would not authorize the submission of a proposition to rescind 1972 House Concurrent Resolution No. 1155 to the voters at the time of the 1978 general election or at any other election. If adopted, the resolution would have no legal effect whatever, and would not authorize the expenditure of state funds for such an election, nor would it authorize the calling and holding of any such election by the Secretary of State or any other official. If, for any reason, the resolution were passed and the proposition submitted to the voters, approval thereof would have no effect on the 1972 ratification of the Equal Rights Amendment by the Kansas Legislature, it would not be binding upon the United States Congress, and it would not be binding upon the 1979 legislature or any subsequent session thereof.

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 153 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 general rule for payment of compromises, settlements and final judgments from the Kansas tort claims fund is that to the extent that payment cannot be made from insurance coverage obtained therefore, payment is made from the fund. An exception to that general rule is made for payment of compromises, settlements and final judgments arising from specified types of claims made against charitable health care providers. Accordingly, the Kansas tort claims fund is responsible as a "first payor" for a compromise, settlement or final judgment whether or not such charitable health care provider has other insurance coverage. Cited herein: K.S.A. 75-6101; K.S.A. 1991 Supp. 65-226; 75-6117.

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 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 025 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: No legal action may be undertaken to force an appropriation of state money for the purpose of reimbursing counties for costs incurred by the counties in conducting the presidential reference primary election. Cited herein: K.S.A. 25-4508; Kan. Const., art. 2, section 24.