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 024 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 house bill no. 2698 violates the fourteenth amendment to the United States constitution because it does not provide due process protection for a person who may have an interest in an inactive bank deposits and a right to receive further lease payments -- both of which may escheat to the city under this proposed legislation. However, these constitutional infirmities may be cured by the inclusion of provisions which provide for a presumption of abandonment after a period of years and a judicial determination of escheat with the concomitant provisions of notice and an opportunity to object. Cited herein: K.S.A. 1993 Supp. 58-3902; 59-514; 59-901; 59-903.

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 1994 166 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: If a witness is subpoenaed to appear in two separate courts on the same day and appearance in both courts is thereby made impractical or impossible, the witness may choose which subpoena to honor. There is no established priority between subpoenas that would give one preference over the other based either on jurisdiction or the time or method of service. Cited herein: K.S.A. 1993 Supp. 60-245; K.S.A. 22-3214; Fed. R. Civ. P. 45; Fed. R. Crim. P. 17.

Download or read book Attorney General Opinion No 1994 117 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: Absent evidence that a newspaper acted with the specific intent to interfere with the employment or business of a person who may be subject to a sexually violent predator civil commitment proceeding, K.S.A. 21-4006 does not prohibit publication of such person's name and address. Cited herein: K.S.A. 21-4006; L. 1994, ch. 316, sec. 3; L. 1994, ch. 316, sec. 4.

Download or read book Attorney General Opinion No 1994 089 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 amnesty provisions of 1994 senate bill no. 459 do not violate the uniform and equal provisions of article 11, section 1 of the Kansas constitution, nor does the bill violate article 2, sections 16 and 17 or section 1 of the Kansas bill of rights. Cited herein: Kan. Const., art. 2, secs. 16, 17, art. 11, sec. 1, bill of rights, sec. 1; 1994 S.B. 459.

Download or read book Attorney General Opinion No 1994 009 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: Generally, criminal history record information is not open to the public and disclosure is restricted by statute. However, persons may request conviction records on individuals from a criminal justice agency, and the agency may discretionarily disclose the requested records. Cited herein: K.S.A. 1993 Supp. 22-4701; K.S.A. 22-4705; 22-4707; K.A.R. 1992 Supp. 10-11-1; 10-12-1; 10-12-2.

Download or read book Attorney General Opinion No 1995 056 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: When a township detaches from a benefit fire district organized pursuant to K.S.A. 19-3624, the township is liable for its proportionate share of all outstanding indebtedness of the district on the date the detachment resolution is passed by the governing body of the district. The distribution of the holdings of such fire district is within the authority and control of the governing body of the district. All tax revenue, including delinquent taxes, generated in order to carry out the purposes of the benefit district must be distributed to the governing body of the district. Cited herein: K.S.A. 1994 Supp. 19-3601a; K.S.A. 19-3611; 19-3624; 19-3625; 19-3626; 19-3627; 19-3631; 19-3631a.

Download or read book Attorney General Opinion No 1994 095 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 form of the question set forth in the herein referenced petition meets the requirements set forth in K.S.A. 12-3013 and 25-3602. Cited herein: K.S.A. 12-3005; 12-3013; 25-620; 25-3601; 25-3602; Kan. Const., art. 12, sec. 5.

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.

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 1986 056 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: The proceeds of revenue bonds issued under the provisions of K.S.A. 1985 Supp. 32-603 may be used for research and testing of water quality at the new state fish hatchery. Cited herein: K.S.A. 1985 Supp. 32-601, 32-603, 32-606.

Download or read book Attorney General Opinion No 1994 059 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: Because the legislation proposed in 1994 senate bill no. 623 impairs a contractual right of those members having a vested interest in the retirement system without accompaniment of an offsetting or counterbalancing advantage, the bill violates section 10 of article 1 of the United States constitution and K.S.A. 74-4923. Cited herein: K.S.A. 74-4901; 74-4917; 74-4923; 74-4951; 1994 S.B. No. 623; 1994 S.B. No. 624; U.S. Const., art. 1, sec. 10.

Download or read book Attorney General Opinion No 1994 098 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: New subsection (b) of K.S.A. 79-2005 as amended by L. 1994, ch. 275, sec. 3 may not be applied retroactively in cases where substantive rights would be prejudicially affected. Cited herein: K.S.A. 45-310; 45-311; K.S.A. 1993 Supp. 79-1448; K.S.A. 79-2005, as amended by L. 1994, ch. 275, sec. 3.

Download or read book Attorney General Opinion No 1994 119 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 petition submitted to the city of Lawrence and setting forth a proposed ordinance establishing term limitations does not fulfill the requirements of K.S.A. 25-3602 and is, therefore, invalid because it does not state the question which the petitioners seek to bring to an election. The proposed ordinance establishing term limitations contains both legislative and administrative provisions and, therefore, is not a proper subject of an initiative petition and may not be submitted to a referendum. The severability clause is ineffective to sever the administrative provision from the legislative provision. A proposed ordinance which establishes term limitations will not affect a Lawrence city ordinance establishing terms of office because a term limitation acts as a qualification for running for office. Cited herein: K.S.A. 12-1001; 12-1006; 12-1017; 12-3013; 13-1501; 25-620; 25-3602.

Download or read book Attorney General Opinion No 1994 132 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 public official may not deny access to a public record unless the disclosure is prohibited by federal or state law or the record fits one of the exceptions listed in K.S.A. 45-221. Public land records are public records which do not fit any of these exceptions, and are therefore open for inspection. A custodian who relies in good faith on a certification by a requestor that the information obtained from public records will not be used in a prohibited manner is not subject to criminal charges under K.S.A. 21-3914. Therefore, a public official may not deny a requestor access to records, which are otherwise open, when the appropriate certification is submitted pursuant to K.S.A. 45-220, and the official is acting in good faith. Cited herein: K.S.A. 21-3914, as amended byL. 1994, ch. 317, sec. 1.; K.S.A. 45-217, as amended by L. 1994, ch. 293, sec. 4; 45-220; 45-221, as amended by L. 1994, chs. 89, 101, 107, 138.

Download or read book Attorney General Opinion No 1994 161 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 person convicted of a third or subsequent DUI must serve the term of imprisonment in a county jail, not in a state facility in the custody of the secretary of corrections. Cited herein: K.S.A. 1993 Supp. 8-1567; K.S.A. 1993 Supp. 8-1567 as amended by L. 1994, ch. 291, section 2; K.S.A. 1993 Supp. 21-4703; K.S.A. 1993 Supp. 21-4704 as amended by L. 1994, ch. 291, section 50.