Download or read book Attorney General Opinion No 1994 076 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: Rate making is a legislative function which necessarily implies a range of legislative discretion. Within this discretion lies the authority to prescribe specific conditions in a rate order such as the conditions found in 1994 House Bill No. 3039. Cited herein: K.S.A. 66-101b; 66-104; 66-128b; 66-1,189; 66-1,191; 66-1,192, as amended by L. 1994, H.B. No. 2665; 66-1,194; 1994 H.B. No. 3039; Kan. Const., art. 2, sec. 1; U.S. Const., amend. IV.

Download or read book Attorney General Opinion No 1994 011 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 state can alter the manner in which the John Brown cabin is operated and maintained without breaching the agreement which was entered into with the city of Osawatomie in 1965. Cited herein: K.S.A. 76-2002a; 76-2002b; 76-2002c; and 76-2002d.

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 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 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 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 101 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 cash-basis law does not apply to the indebtedness created by an asset purchase contract designed to integrate the city hospital and a private hospital where the voters approved a tax increase for the purpose of financing the integration. Cited herein: K.S.A. 10-1116.

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 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 1994 152 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: Unless deputized or otherwise employed by the county in which the reservation is located, or some other appropriate state law enforcement authority, tribal law enforcement officers are not authorized to enforce state laws within the boundaries of the reservation even upon receiving certification from the Kansas law enforcement training commission. However, under the tribe's sovereign authority, and in order to preserve the peace, tribal law enforcement officers may detain persons who have committed an unlawful breach of the peace within the boundaries of the reservation and transport such persons, as far as the reservation border, to the proper authorities. What constitutes an "unlawful breach of the peace" will depend on the circumstances and the applicable law. Cited herein: K.S.A. 12-4111; 12-4212; 12-4113; 19-813; 22-2201; K.S.A. 1993 Supp. 22-2202; K.S.A. 22-2401; 22-2401a; 22-2403; 74-2108; K.S.A. 1993 Supp. 75-4503; K.S.A. 76-726.

Download or read book Attorney General Opinion No 1994 003 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 residence of a pupil for the purpose of attending school is not limited to the residence or domicile of the parents. A child may attend school in a particular school district if the child lives with a resident of the school district who has actual care and control of the child and is supporting the child or has the written consent of the child's parents. State law does not recognize the intention of the pupil for changing the pupil's living arrangements as a factor to be considered when determining whether a pupil may attend school in a particular school district. State law does not obligate each school district to suspend or expel a pupil who has engaged in any of the activities set forth in K.S.A. 72-8901; rather, discretion is given each school district to determine for which offenses a pupil of the school district may be suspended or expelled. A school district does not possess the authority to suspend or expel a pupil from attending school in another school district. Given this limitation of authority, the fact that a pupil has been expelled from attending school in the former school district does not result in expulsion from attending school in the present school district. K.S.A. 72-8905excuses a pupil from compulsory attendance in a school district once the pupil has been suspended or expelled from that particular school district. However, if the place of residence of the pupil is moved to another school district, the pupil is once again subject to K.S.A. 72-1111. Cited herein: K.S.A. 72-961; 72-1046; 72-1111; 72-1113; 72-8901; 72-8903; 72-8904; 72-8905; Kan. Const., art. 6, sec. 2; L. 1970, ch. 300.

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 110 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 legislature has recognized various technologies which may be used in counting and tabulating votes cast by electors. The ability to use stickers for the purpose of casting a vote for a write-in candidate and the form such stickers must take is dependent in part on the type of technology used in counting and tabulating votes. If the voter's intent can be derived from the ballot despite the fact the ballot does not contain a mark in the square to the left of the write-in candidate's name, the ballot should be counted. Cited herein: K.S.A. 25-601; 25-612; 25-619; 25-1301; 25-1330; 25-2706; 25-2902; 25-2903; 25-4401; 25-4404; 25-4406; 25-4409; 25-4410; 25-4601; 25-4604; 25-4609; 25-4613; K.A.R. 7-29-2.

Download or read book Attorney General Opinion No 1994 118 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 question set forth in a petition seeking to bring an issue before the electorate must be in the form of a question as it should appear upon the ballot in accordance with the requirements of K.S.A. 25-620, unless otherwise specifically provided. The question set forth in the petition must be preceded by the phrase "Shall the following be adopted." Cited herein: K.S.A. 25-601; 25-605a; 25-620; 25-3601; 25-3602; L. 1992, ch. 194, sec. 3.