Download or read book Attorney General Opinion No 1999 047 written by Carla J. Stovall and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Secretary of the Kansas Department of Health and Environment has authority to regulate the operation and maintenance of a child care facility that houses children ages 16 and 17, and to license a child care facility that houses children ages 16 and 17 if that facility also houses children under the age of 16. A licensed child care facility may be used to house children ages 16 and 17. Cited herein: K.S.A. 1998 Supp. 38-1602, as amended by L. 1999, Ch. 156, section 11; 65-501; 65-503; 65-504; 65-508; L. 1919, Ch. 210, sections 1, 4; L. 1974, Ch. 352, sections 85, 86; L. 1978, Ch. 236, sections 1, 3; L. 1985, Ch. 209, sections 1, 2; L. 1994, Ch. 279, section 4.

Download or read book Attorney General Opinion No 1993 047 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: Where both the district and city agree that title be retained by the district, it is not mandatory that a city which annexes land located within a rural water district acquire title to district facilities. Cited herein: K.S.A. 12-527.

Download or read book Attorney General Opinion No 1999 033 written by Carla J. Stovall and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Wichita Child Guidance Center (Center) does not meet the definition of a "community mental health center" and thus cannot be licensed as such unless the Center is affiliated with a licensed community mental health center. Moreover, under the Mental Health Reform Act, the Kansas Department of Social and Rehabilitation Services cannot contract directly with a provider of mental health services unless the provider is a "mental health center" as defined at K.S.A. 1999 Supp. 39-1602(c). Cited herein: K.S.A. 1999 Supp. 39-1602; K.S.A. 39-1603; K.S.A. 1999 Supp. 39-1610; K.S.A. 75-3307b; K.A.R. 30-60-7.

Download or read book Attorney General Opinion No 1999 048 written by Carla J. Stovall and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Documents related to an investigation conducted by an attorney for his or her client in order to provide legal advice to the client, may be closed under the Kansas Open Records Act because they are protected by the attorney-client privilege. Cited herein: K.S.A. 1998 Supp. 45-217; K.S.A. 1998 Supp. 45-221; 60-226; K.S.A. 60-426.

Download or read book Attorney General Opinion No 1978 047 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: Where a public officer is convicted of perjury during a prior term, arising out of a matter unrelated to the performance of his official duties or to the affairs of the municipality which he serves, the offense was widely disclosed to and known to the electorate prior to and at the time of his reelection, and there is no basis for deeming any actionable conduct to have extended into his present term, his return to office by the electorate for a succeeding term prohibits an ouster proceeding based upon the conviction occurring during the preceding term.

Download or read book Attorney General Opinion No 1985 047 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A popular election, held pursuant to K.S.A. 12-2001, at which the voters disapprove a city ordinance renewing a franchise with a natural gas company renders the ordinance in question void and without effect. The company in question, however, may continue to provide services and the city may continue to accept services according to the terms of the expired franchise under a theory of implied contract. Popular disapproval of an ordinance granting a franchise to a company does not prevent a city governing body from approving a new ordinance which grants a somewhat different franchise to the same company. Cited herein: K.S.A. 12-801, 12-2001, 12-2002.

Download or read book Attorney General Opinion No 1999 050 written by Carla J. Stovall and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A law enforcement officer has no authority to stop a person and make inquiry concerning a possible violation of a regulation of a private homes association unless the officer suspects that such individual has violated or is about to violate a state law or a municipal ordinance. Cited herein: K.S.A. 22-2402; U.S. Const., Amend. XIV.

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 1997 047 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 holding in Energy Reserve Group, Inc. v. Kansas Power & Light Co., 230 Kan. 176 (1981), cannot be construed as conclusive authority for the constitutionality of legislative intervention into private electric utility contracts, but the case does provide the criteria which legislative intervention must meet in order to overcome a constitutional challenge for impairing a contract. The Kansas Corporation Commission has the authority to abrogate utility contracts but only after an express finding that the contracts at issue are unreasonable, unjustly discriminatory, unduly preferential and adversely impacting the public welfare. Cited herein: K.S.A. 55-402; 55-404; K.S.A. 1996 Supp. 66-101b; 66-101c; 66-101d; 66-101e; 66-101f.

Download or read book Attorney General Opinion No 1999 040 written by Carla J. Stovall and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Proceeds from the emergency telephone tax created by K.S.A. 1998 Supp. 12-5302 may not be used for the purchase of a Data Transmission Network, as described herein, or the Network's monthly charges. Moreover, such proceeds may not be used for the costs involved in training civil defense personnel on the creation and operation of the Map-Info Database described herein. However, if employees of a county attorney's office are part of the law enforcement response to 911 emergencies, proceeds of the emergency telephone tax may be used to pay for the monthly recurring charges for pagers used by that office. Cited herein: K.S.A. 1998 Supp. 12-5302; 12-5304.

Download or read book Attorney General Opinion No 1999 028 written by Carla J. Stovall and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Sheriffs are empowered by K.S.A. 19-805 to appoint deputies for particular purposes. Thus, sheriffs have statutory authority to deputize tribal law enforcement officers to enforce state law within the parameters set by the sheriff. Generally a sheriff is liable for official acts of the sheriff's deputies. However, tribes may agree to waive their immunity for purposes of indemnifying the county or sheriff for any liability incurred as a result of negligent acts of deputized tribal law enforcement officers while acting in an official capacity on behalf of the sheriff. The mechanism for enforcing such an agreement will depend on the terms of the agreement. Cited herein: K.S.A. 19-805; 19-805a; 74-2113; 74-5602; K.S.A. 1998 Supp. 74-9804(c); K.S.A. 75-711; 75-6101; 42 U.S.C. section 1983.

Download or read book Attorney General Opinion No 1999 043 written by Carla J. Stovall and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A resolution enacted by the City of Newton that does nothing more than express a concern for the safety of the City's water resources and describe certain actions that the governing body may take in the future to protect the City's environment is not void on the grounds of vagueness and, therefore, does not offend the Due Process requirements of the 5th and 14th Amendments to the United States Constitution. Cited herein: U.S. Const., Amend. V and XIV.

Download or read book Attorney General Opinion No 1999 045 written by Carla J. Stovall and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Amendments contained in L. 1998, Ch. 131 allowing expungement of arrest and diversion records should be applied retroactively. Cited here: K.S.A. 1998 Supp. 21-4619; 22-2410.

Download or read book Attorney General Opinion No 1999 032 written by Carla J. Stovall and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The grounds in the petition seeking the recall of the Greenwood County Commissioner are set forth with sufficient particularity as to allow the Greenwood County Commissioner an opportunity to prepare a statement in justification of his conduct in office. The veracity of the allegations contained in the recall petition is to be determined by the electorate, not the county attorney. Cited herein: K.S.A. 25-4302; 25-4320; Kan. Const., Art. 4,3.

Download or read book Attorney General Opinion No 1999 038 written by Carla J. Stovall and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: By referring to "such office" in K.S.A. 25-4325, the Legislature intended that the number of signatures required on a petition seeking the recall of a local elected official be based on a percentage of the number of votes cast in the last general election at which an officer was elected from the same member district from which the officer sought to be recalled was elected. In the case of a petition seeking the recall of a city commissioner who was elected at-large in the 1997 general election, the petition must contain signatures equal in number to not less than 40% of the votes cast at the 1999 general election for all at-large candidates for city commissioner divided by the number of persons elected in the 1999 general election to the office of city commissioner for at-large districts. Cited herein: K.S.A. 25-4301; 25-4318; 25-4325; 71-1407; 72-8009; Kan. Const., Art. 4, section 3; L. 1976, Ch. 177, sections 5, 7; L. 1976, Ch. 178, sections 25, 32; L. 1913, Ch. 336, section 1.

Download or read book Attorney General Opinion No 1999 016 written by Carla J. Stovall and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Use of the terms "expressly advocate the nomination, election or defeat of a clearly identified candidate" and "equal access" in 1999 Senate Bill No. 283 does not render the bill unconstitutionally vague. Cited herein: K.S.A. 25-4142; K.S.A. 1998 Supp. 25-4143; 25-4169a; 1999 S.B. 283; U.S. Const., Amend. I.

Download or read book Attorney General Opinion No 1999 049 written by Carla J. Stovall and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Property specifically dedicated for public use is for the enjoyment of the public at large, not for one person or a limited number of persons, or for the exclusive use of restricted groups of individuals. Such public use does not include housing the offices of private organizations that provide services to only some members of the general public. However, there may be instances where a private non-profit organization desires to use a public building located on a public square in such a manner that its use is for the general public rather than for the organization's members or some other restricted group of individuals, and such use would be permissible. Cited herein: K.S.A. 12-401; 12-406; 12-406a.