Download or read book Attorney General Opinion No 1994 038 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: Members of the governing board of a community mental health center who are also consumers of mental health services, representatives of mental health consumer groups, or family members of mentally ill persons may not keep their identities confidential in their official functions. Cited herein: K.S.A. 19-4001; K.S.A. 1993 Supp. 19-4002; K.S.A. 19-4003; 19-4004; K.S.A. 1993 Supp. 59-2931; 60-427; K.S.A. 65-5602; 65-5604; 74-5323.

Download or read book Attorney General Opinion No 1994 071 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: "Forthwith" as used in K.S.A. 38-1672(a) is not susceptible to a fixed term definition and is dependent upon the circumstances. There is no time period within which SRS must act between the time a juvenile offender is placed in the custody of a state youth center and the time a juvenile is actually admitted to the youth center. If the court commits a juvenile offender to a state youth center the county is responsible for the expenses for the care and custody of the juvenile until the juvenile is delivered to the youth center. Placing a juvenile offender in the custody of both the secretary of SRS and a youth residential facility is not an "appropriate" combination of dispositions under K.S.A. 38-1663(a)(5). The juvenile offender code does not address the length of time between the point at which a juvenile offender is placed in the custody of SRS and the time SRS decides where the juvenile will be placed. A juvenile, under house arrest, who cuts his or her electronic monitoring equipment and absconds may be charged with escape from custody. Cited herein: K.S.A. 1993 Supp. 21-3809; 21-3810; K.S.A. 38-1602, as amended by 1994 S.B.'s No. 500, 853, 657; 38-1616; 38-1663, as amended by 1994 S.B.'s No. 500, 657, 853; 38-1664; 38-1671, as amended by 1994 S.B. 657; 38-1672.

Download or read book Attorney General Opinion No 1994 053 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: A juvenile may waive the right to counsel provided that it is a knowing and intelligent waiver based upon the totality of circumstances. Cited herein: K.S.A. 38-1606; 38-1633.

Download or read book Attorney General Opinion No 1989 038 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: Under the United States Supreme Court decision in H̲a̲z̲e̲l̲w̲o̲o̲d̲ ̲S̲c̲h̲o̲o̲l̲ ̲D̲i̲s̲t̲r̲i̲c̲t̲ ̲v̲.̲ ̲K̲u̲h̲l̲m̲e̲i̲e̲̲r̲, local public school officials and administrators may exercise reasonable control over activities sponsored by a public school such as publications, theatrical productions and other expressive activities so long as the educators' actions are reasonably related to legitimate pedagogical concerns and there is no intent to create a public forum. Also, Section 11 of the Kansas Bill of Rights does not provide an absolute right to freedom of speech and expression. Students in private, accredited schools are subject to reasonable school regulations. The H̲a̲z̲e̲l̲w̲o̲o̲d̲ decision applies to public schools on its facts, and does not apply to non-public schools. Cited herein: Kans. Const., B. of R., section 11; U.S. Const., Amend. I, XIV.

Download or read book Attorney General Opinion No 1995 038 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: While it is appropriate for a city and county to enter into an interlocal agreement whereby the county invests the city's idle funds, a city may not use the interlocal cooperation agreement act to bypass the requirements of K.S.A. 1994 Supp. 12-1677b. Cited herein: K.S.A. 1994 Supp. 12-1675; 12-1677b; K.S.A. 12-2904.

Download or read book Attorney General Opinion No 1995 094 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: The Kansas bureau of investigation may not release information in the juvenile offender information system except as specifically authorized by K.S.A. 38-1618(e), which generally prohibits the disclosure of such information in a manner that enables the identification of the juvenile. Unless a request for access to such information falls under one of the exceptions set forth in that statute, the bureau may not disclose information from the system pertaining to any juvenile, including those age 14 and older. Cited herein: K.S.A. 1994 Supp. 22-4701; 22-4704; K.S.A. 22-4707, as amended by L. 1995, ch. 251, sec. 18; K.S.A. 38-1601; K.S.A. 1994 Supp. 38-1602; 38-1607; 38-1608; K.S.A. 38-1617; 38-1618; 38-1655, as amended by L. 1995, ch. 251, sec. 31; K.S.A. 45-215; 45-216; K.S.A. 1994 Supp. 45-217; 45-221, as amended by L. 1995, ch. 257, sec. 6; K.S.A. 75-711, as amended by L. 1995, ch. 213, sec. 1; K.S.A. 75-712; L. 1994, ch. 271, sec. 8; K.A.R. 10-12-1; 10-12-2.

Download or read book Attorney General Opinion No 1990 038 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: For purposes of the uniform consumer credit code, the residence of military personnel is the address listed as the person's residence in any signed writing in connection with the consumer transaction. If the individual's residence is called into question, it must be determined on a case-by-case basis taking many factors into consideration in an attempt to ascertain the individual's intended residence. Cited herein: K.S.A. 16a-1-201; K.S.A. 77-201.

Download or read book Attorney General Opinion No 1994 156 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: The tax imposed by K.S.A. 79-1107 on national banking associations and state banks for the privilege of doing business in this state is a franchise tax. K.S.A. 79-1109 requires those entities subject to the tax to add the amount of the tax paid the previous year to federal adjusted gross income for that year (if such taxes were deducted on the taxpayers federal return) when determining "net income" for purposes of measuring the tax for the current year. This requirement does not result in violation of 12 U.S.C. sec. 3124, 12 U.S.C. sec. 548 or the equal protection provisions of the Kansas or United States constitutions. Failure of the department of revenue to correctly interpret the law in the past does not preclude the department from interpreting and administering it correctly in the future. Cited herein: K.S.A. 40-2801; 40-2803, as amended by L. 1994, ch. 38, sec. 6; 40-2804, as amended by L. 1994, ch. 38, sec. 7; 79-1107; 79-1108; 79-1109; K.S.A. 1993 Supp. 79-32,117, as amended by L. 1994, ch. 265, sec. 19; K.S.A. 79-32,138; Kan. Const., Bill of Rights, sec. 1; 12 U.S.C. sec. 548; 31 U.S.C. sec. 3124; U.S. Const., amend. 14.

Download or read book Attorney General Opinion No 1994 047 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: Attorney's fees are recoverable in a class action lawsuit under two exceptions to the American no fee rule: one involving a party who has acted in bad faith and the other involving a benefit created by counsel for the benefit of the class. Retaliatory termination of water service by a rural water district may subject the district to a civil rights action under 42 U.S.C. sec. 1983. Cited herein: K.S.A. 12-631k; 60-223; U.S. Const., Amendments IV, V, XIV.

Download or read book Attorney General Opinion written by Carla J. Stovall and published by . This book was released on 2001 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The conclusions expressed in Attorney General Opinion No. 2001-1 are based on a reading of K.S.A. 2000 Supp. 12-1928 and 12-1935 together and are not intended to apply to any recreation commission other than the Blue Valley Recreation Commission (Blue Valley). We continue to believe that, while the Legislature has authorized Blue Valley to purchase real property, expenditures for such may be made only from Blue Valley's capital improvement fund, establishment of which is subject to voter approval. The one-mill levy assessed for the capital improvement fund is in addition to the four mills that may be levied pursuant to K.S.A. 2000 Supp. 12-1927. Costs of projects previously payable from monies in Blue Valley's general fund, but which are listed among the types of projects payable from the capital improvement fund, may be paid from monies in either the general fund or the capital improvement fund. Any language in Attorney General Opinion No. 2001-1 indicating a different conclusion is hereby withdrawn. Cited herein: K.S.A. 12-1922; K.S.A. 2000 Supp. 12-1927; 12-1928; 12-1935; L. 1994, Ch. 150, sections 3, 4; 2001 HB No. 2408.

Download or read book Attorney General Opinion No 1986 038 written by Robert T. Stephan and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 75-4318 provides a two-part test that must be met before a body can be found to be included under the Kansas Open Meetings Act: (1) the body is either a legislative or administrative agency of the state or one of its political or taxing subdivisions or subordinate to such a body; and (2) the body receives, expends or is supported in whole or in part by public funds, or, in the case of subordinate groups, has a parent or controlling body which is so supported. Members of the board of trustees of the Sedan City Hospital are appointed by the Sedan City Council. Therefore, the board of trustees is a "subordinate group" of a legislative body which receives and expends public funds. Since both parts of the test are met, the board of trustees of the Sedan City Hospital is subject to the KOMA. Cited herein: K.S.A. 1985 Supp. 12-1615; K.S.A. 75-4317; K.S.A. 1985 Supp. 75-4318.

Download or read book Attorney General Opinion No 1993 038 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: A provision of the city housing code authorizing inspections of dwellings does not violate section 15 of the Kansas bill of rights and the fourth amendment to the United States constitution, however, the owner or occupant has the right to deny access to a public inspection officer and may require that a search warrant be secured. Cited herein: Kan. Bill of Rights, section 15; U.S. Const., amendment IV.

Download or read book Attorney General Opinion No 1994 068 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: A juvenile offender who turns eighteen while residing in a juvenile facility may not be placed in jail to serve out the rest of his or her disposition. A person who is convicted of a traffic offense when the person is seventeen but who turns eighteen before sentencing may be required to serve his or her sentence in jail. A juvenile offender between the ages of eighteen and twenty who commits a traffic offense may be required to serve his or her sentence in jail. Cited herein: K.S.A. 1993 Supp. 8-2117; 21-3611; K.S.A. 38-1602, as amended by 1994 S.B.'s No. 500, 657, 853; 38-1604; 38-1636; 38-1663, as amended by 1994 S.B.'s No. 500, 657, 853.

Download or read book Attorney General Opinion No 1995 050 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 juvenile who is 16 years of age or over and has been detained - but not yet charged - for an act which would constitute the commission of a felony if committed by an adult is a "juvenile offender" as defined at K.S.A. 1994 Supp. 38-1602(b) and may not be detained in jail. However, a juvenile who falls within one of the exceptions to the definition of a "juvenile offender" contained in K.S.A. 1994 Supp. 38-1602(b)(3)-(7) or who falls within one of the jail prohibition exceptions contained in K.S.A. 38-1691, may be detained in jail. Cited herein: K.S.A. 1994 Supp. 8-2117; K.S.A. 32-1040; K.S.A. 1994 Supp. 38-1602; K.S.A. 38-1621; 38-1691.

Download or read book Attorney General Opinion No 1992 038 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. 1991 Supp. 79-1437f provides that the contents of real estate sales validation questionnaires filed in accordance with that act, while closed to most individuals, shall be made available to appraisers licensed or certified pursuant to K.S.A. 58-4101 et seq. Such questionnaires meet the definition of a public record set forth at K.S.A. 45-217(f), and thus, copies of and access to such records must be provided to licensed or certified appraisers in accordance with the applicable provisions of K.S.A. 45-215 et seq. A custodian of such a public record may not refuse to make copies of such records for persons entitled to access to the contents of a questionnaire filed under K.S.A. 1991 Supp. 79-1437f nor may a custodian delay access or copying until the information in the questionnaire is verified or refuted. Cited herein: K.S.A. 45-215; 45-217; K.S.A. 1991 Supp. 45-221; 58-4101; 79-1437c; 79-1437f.

Download or read book Attorney General Opinion No 1994 067 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: Licensed psychologists (who direct registered masters level psychologists) and licensed social workers employed at a treatment facility are required to report incidents of suspected child abuse or neglect which are disclosed during an examination or interview. This requirement is applicable to communications made by a criminal defendant during the course of a court-ordered mental evaluation as well as to other communications made by a patient of a treatment facility. Because of a specific statutory exception, the reporting of such incidents is not considered a breech of the patient's privilege to prevent disclosure of confidential communications. Cited herein: K.S.A. 21-2606; K.S.A. 1993 Supp. 21-3504; 21-3505; 38-1522; 65-5601; 65-5602.

Download or read book Attorney General Opinion No 1994 136 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: Kansas law recognizes contractual guarantees between parent and wholly owned subsidiary corporations for the purpose of meeting the financial requirements of owners and operators of hazardous waste treatment, storage, and disposal facilities. However, the terms of the guarantee must be identical to the terms of 40 C.F.R. 264.151(h)(2). Cited herein: K.S.A. 17-6102; 40 C.F.R. secs. 264.147; 264.151; 265.147.