Download or read book Attorney General Opinion No 1994 044 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 provisions of 1994 house bill no. 2056 do not embrace two or more subjects which are so dissimilar and discordant that the provisions cannot reasonably be considered as having any legitimate connection with or relationship to each other. The bill does not violate section 16 of article 2 of the Kansas constitution. Cited herein: K.S.A. 72-5443; K.S.A. 1993 Supp. 72-6410; 72-6433; K.S.A. 76-11a03; Kan. Const., art. 2, sec. 16; 1994 House Bill No. 2056.

Download or read book Attorney General Opinion No 1995 044 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: In light of K.S.A. 12-406a, K.S.A. 19-101 and the common law, we believe that a county may generally transfer fee simple title held by the county in dedicated park property to a city if public use of the real estate is continued and if not otherwise prohibited by the grantor or trust. The value of the property is a fact question. As dedicated park property can only be owned by a public entity and used for a public purpose, its marketable value is substantially decreased and it may not be necessary that the transfer of deed be associated with payment of public moneys. If it is valued at less than $1,000, the provisions of K.S.A. 1994 Supp. 19-211(c) may provide a simplified procedure foraccomplishing a transfer of title to park land located outside the boundaries of the city. If the park is located within the city, K.S.A. 12-406a makes such a transfer mandatory. Cited herein: K.S.A. 12-101; 12-406; 12-406a; 12-1301; 13-2535; 13-1335; 19-101; K.S.A. 1994 Supp. 19-211; 19-2803b; K.S.A. 19-2890; 75-3304b; 75-3350; K.S.A. 1994 Supp. 76-183; 76-184; 76-187; K.S.A. 1994 Supp. 79-1466.

Download or read book Attorney General Opinion No 1994 127 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 personnel policy giving employees an option to reimburse cash shortages in lieu of incurring disciplinary action is in violation of K.S.A. 44-319. Cited herein: K.S.A. 44-313; 44-319; K.A.R. 49-20-1.

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 1993 044 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: With one limited and inapplicable exception, Congress has preempted the area of railroad safety including drug testing. Accordingly, state and local law enforcement officials may not conduct drug testing of railroad employees following a grade crossing accident. Cited herein: U.S. Const., art. VI, cl. 2; 45 U.S.C. sec. 421, 434.

Download or read book Attorney General Opinion No 1981 044 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: Through the imposition of fines for unlawful conduct, K.S.A. 1980 Supp. 8-1901(d) imposes criminal liability. In addition, subsection (a) of that statute does not appear to violate the United States Constitution's Equal Protection Clause, although it only imposes liability upon a limited class of persons. Moreover, that subsection appears to convey a sufficiently definite warning as to the conduct proscribed therein, so as to avoid being unconstitutionally vague and uncertain. Cited herein: K.S.A. 1980 Supp. 8-1901, 8-1909, K.S.A. 8-2116, 8-2204, 21-3105, K.S.A. 1980 Supp. 21-4503, U.S. Const., Amend. XIV.

Download or read book Attorney General Opinion No 1978 044 written by Curt Thomas Schneider and published by . This book was released on 1978 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A law enforcement officer may not contact certain defendants by telephone in order to inform them that a warrant is outstanding for their arrest. Such disclosures violate the prohibition of K.S.A. 21-3827.

Download or read book Attorney General Opinion No 1984 044 written by Robert T. Stephan and published by . This book was released on 1984 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 1983 Supp. 8-1567, as amended by 1984 Senate Bill No. 490, provides [at subsection (a)] that no person shall operate a vehicle within this state while under the influence of alcohol. While it is necessary to show that a defendant was "under the influence of alcohol" in order to prove a violation, this phrase means that the defendant's mental or physical function was impaired to the extend that he or she was incapable of safely driving a vehicle. Such incapability may be presumed if it is shown that there was .10% or more by weight of alcohol in the defendant's blood, and need not be accompanied by any showing that the actual operation of the vehicle was erratic or that the driver failed to exercise due care. Cited herein: K.S.A. 8-1005, K.S.A. 8-1566, as amended by 1984 Senate Bill No. 490, section 8, K.S.A. 1983 Supp. 8-1567, as amended by 1984 Senate Bill No. 490, section 9.

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 1996 030 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Kansas Supreme Court has the inherent power to prescribe conditions for admission to the bar and to regulate and control the practice of law. While there are statutes that relate to the practice of law, such statutes are effective only when in accord with the inherent power of the judiciary. Both K.S.A. 44-536(a) and rule 1.5(d) of the Kansas model rules of professional conduct adopted by Supreme Court rule 226 deal with how attorney fees in contingent fee cases are calculated. Because both the court's rule and the statute are intended to achieve the same goal, the legislation does not have a deleterious impact on the court's function. For this reason, K.S.A. 44-536(a) does not amount to a usurpation of power in contravention of the separation of powers doctrine and therefore is a statutory enactment which the court would sanction as in accord with the court's inherent power to regulate and control the practice of law. Cited Herein: K.S.A. 7-103; 7-104; 7-106; 7-108; 7-109; 7-111; K.S.A. 1995 Supp. 7-121b; K.S.A. 44-510c; 44-521; 44-531; 44-536.

Download or read book Attorney General Opinion No 1994 078 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: Use of a blue devil as a mascot by a unified school district does not violate the establishment clause of the first amendment of the United States constitution. Cited herein: U.S. Const., amend. I; U.S. Const., amend. XIV.

Download or read book Attorney General Opinion No 1992 044 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 amendment proposed in 1992 Senate Bill No. 109, section 1 requires the tenured teacher to pay the costs of transcription if the tenured teacher requests a transcript, or one-half of the costs if both parties request a transcript. However, the state has established no compelling interest in recouping the costs of procedural due process, and cannot impose a significant and unjustified open-ended penalty on the exercise of the right of due process. The state therefore cannot penalize the tenured teacher for exercising the tenured teacher's due process rights by requiring the tenured teacher to pay the costs of transcription as set forth in 1992 Senate Bill No. 109, section 1. Cited herein: K.S.A. 1991 Supp. 60-2101; K.S.A. 72-5436; K.S.A. 1991 Supp. 72-5438; 72-5439; 72-5440; 72-5443; 1992 Senate Bill No. 109; U.S. Const., Amend. XIV.

Download or read book Attorney General Opinion No 1994 035 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 United States constitution has delegated to congress the power to determine the qualifications of its own members and to expel its members when necessary. Because this is a power reserved for the individual houses of congress, the tenth amendment of the United States constitution does not reserve to the states the authority to remove members of congress from office. K.S.A. 25-4301 et seq. are not applicable to members of congress. Cited herein: K.S.A. 25-4301; 25-4304; U.S. Const., art. 1, sec. 5, amend. 10.

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 No 1991 044 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: Injection wells used to increase the ultimate recovery of oil or gas are an integral part of oil and gas recovery operations. As such, the Kansas corporation commission has exclusive jurisdiction, and a county cannot use its home rule powers to regulate drilling activities in this area. Cited herein: K.S.A. 1990 Supp. 19-101a; 55-150; 55-901; 55-1003; 74-623.

Download or read book Attorney General Opinion No 1994 056 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: 1993 house bill no. 2070 amended the water transfer act, specifically K.S.A. 82a-1504(c), eliminating the legislative oversight of water transfers. The amendment contained procedural changes that are applied retroactively unless the legislature indicates otherwise. Thus the legislative review requirement in the former statute, K.S.A. 82a-1504(c) (Ensley 1989), does not apply to a water transfer in litigation during the amendment of the statute wherein the legislative oversight provision was eliminated. Cited herein: K.S.A. 65-4801; 82a-701; 82a-1504 (Ensley 1989); K.S.A. 1993 Supp. 82a-1504; K.S.A. 82a-5801.

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.