Attorney General Opinion No 1988 164

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Attorney General Opinion No. 1988-164

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (826 download)

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Book Synopsis Attorney General Opinion No. 1988-164 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1988-164 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: K.S.A. 58-3924 does not by its terms mandate the disclosure of confidential vital statistic information to the state treasurer. However, K.S.A. 1987 Supp. 65-2422(a) and (e) allow the Secretary of the Kansas Department of Health and Environment (KDHE) to promulgate regulations, containing the mandated safeguards, authorizing the transfer of such vital statistic information to the state treasurer. To date, the secretary has not adopted such a regulation. Pursuant to K.S.A. 65-2418, the legislature has provided the secretary of KDHE with the authority and discretion to charge a fee for the transfer of vital statistic information. K.A.R. 28-17-6 implements that authority and sets forth the fees for such transfers. Unless the secretary of KDHE promulgates a specific exemption or has previously interpreted K.A.R. 28-17-6 to allow fees to be waived, the state treasurer must pay the fees set forth in that regulation. Should the state treasurer obtain vital statistic information, the limitations contained in the enabling authority protect the information from all uses not connected with the purposes for which it was obtained. Cited herein: K.S.A. 58-3901; 58-3920; 58-3921, as amended by L. 1988, ch. 356, section 179; K.S.A. 1987 Supp. 58-3922; K.S.A. 58-3924; 65-2401; 65-2418; K.S.A. 1987 Supp. 65-2422; K.S.A. 75-3701; K.A.R. 28-17-6; 28-17-7.

Attorney General Opinion No. 1988-014

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (819 download)

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Book Synopsis Attorney General Opinion No. 1988-014 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1988-014 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: Pursuant to K.S.A. 1987 Supp. 19-101a(20), counties may not exempt or change the provisions contained in K.S.A. 1987 Supp. 19-211. Pertinent language of Attorney General Opinion No. 87-164 is amended so as to be consistent with this rule. Cited herein: K.S.A. 1987 Supp. 19-101a(20); 19-211.

Attorney General Opinion No. 1988-072

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (824 download)

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Book Synopsis Attorney General Opinion No. 1988-072 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1988-072 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: An appointed non-lawyer member may not continue membership on the judicial nominating committee once that member has been granted a temporary permit to practice law. Cited herein: K.S.A. 20-119; 20-120, 20-123; 20-124; 20-125; 20-127; Supreme Court Rule 705.

Attorney General Opinion No. 1988-117

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (14 download)

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Book Synopsis Attorney General Opinion No. 1988-117 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1988-117 written by Robert T. Stephan and published by . This book was released on 1988 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The letter of notice sent by the Clerk of the Supreme Court to attorneys who fail to register and pay the fee for renewal of their license by July 1 each year, and the return receipt are public records as that term is defined by the Kansas open records act (KORA), K.S.A. 45-215 et seq. These documents are subject to mandatory disclosure as the letter constitutes correspondence intended to give notice of an action relating to a regulatory and enforcement responsibility of the Clerk's office. K.S.A. 1987 Supp. 45-221(a)(14). The list of attorneys certified by the clerk to the Supreme Court who have failed to register and pay the fee, and an order of the Supreme Court suspending an attorney from the practice of law for that reason are also public records which must be disclosed to the public upon request. Cited herein: K.S.A. 45-215; 45-216; 45-217; K.S.A. 1987 Supp. 45-221.

Attorney General Opinion No. 1988-082

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (824 download)

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Book Synopsis Attorney General Opinion No. 1988-082 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1988-082 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: K.S.A. 1987 Supp. 36-206 and 36-207, add "dwelling unit" to penal statutes of defrauding an innkeeper or owner. K.S.A. 1987 Supp. 36-206 and 36-207, as applied to tenants, do not violate Section 16 of the Bill of Rights of the Constitution of the State of Kansas nor do they violate the due process provisions of the Fourteenth Amendment of the United States Constitution. Cited herein: K.S.A. 1987 Supp., 26-206; 36-207; Kan. Const., Bill of Rights, section 16; U.S. Const., Fourteenth Amendment.

Attorney General Opinion No. 1988-073

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (824 download)

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Book Synopsis Attorney General Opinion No. 1988-073 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1988-073 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: 1988 House Bill No. 2704, places restraints on the "property rights" of individuals in order to promote and protect the well established public welfare interest of insuring that human remains are treated properly. In our opinion it clearly represents a valid exercise of the state's inherent police power. Therefore, any private individual claiming ownership of human skeletal remains would not be entitled to compensation simply because the state regulation requires relinquishment of the remains. However, if a claimant convinced the court that 1988 House Bill No. 2704 operated as an eminent domain taking of an identifiable property interest, rather than a valid exercise of police power, the court could require compensation for any legally held property interest taken by the regulation. Valuation of such a property interest would require consideration of factors set forth in K.S.A. 26-513(d) and evidence of (1) the fair market value and condition of the portion of property at the time of the taking, and (2) the loss of that value to the legal owner. Cited herein: K.S.A. 7-103; 12-707; 12-1401; 13-14c01; 14-1007; 15-1001; 15-1014; 17-1302; 19-1015; 19-2901; 19-3106; 21-3512; 21-4112; 21-4115; 21-4214; 22-3902; 26-513; 41-101; 58-2501; 65-901; 65-1701; 65-4127; 73-301; and 80-916.

Attorney General Opinion No. 1988-160

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (826 download)

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Book Synopsis Attorney General Opinion No. 1988-160 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1988-160 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: Claims against a county, based upon federal civil rights law, are not subject to the damage limitation provisions set forth in the Kansas tort claims act. K.S.A. 1987 Supp. 75-6105 sets a damage limitation and K.S.A. 1987 Supp. 75-6111 creates an exception to that limitation when an insurance policy is purchased that has policy limits in excess of the limitation. If such a policy is purchased, the damage limitation becomes the limitation of the policy. If a policy does not cover liability for certain claims, the damage limitation contained in K.S.A. 1987 Supp. 75-6105 remains applicable. Cited herein: K.S.A. 1987 Supp. 75-6105; 75-6111.

Attorney General Opinion No. 1988-074

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (824 download)

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Book Synopsis Attorney General Opinion No. 1988-074 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1988-074 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: 1988 Substitute for House Bill No. 2219 does not violate Art. 2, section 16 of the Kansas Constitution which prohibits a bill from containing more than one subject. The Kansas courts have ruled that a statute should not be declared invalid under this provision unless invalidity is manifest. It is not clearly manifest that H.B. 2219 contains more than one subject, as both bills that were combined in the final version of H.B. 2219 concern animal welfare. None of the circumstances for which Art. 2, section 16 was designed to prevent are present in this case. Further, the title of H.B. 2219 clearly expresses the subject matter and gives fair notice of the content of the bill as constitutionally required. Cited herein: K.S.A. 1987 Supp. 21-1213; 1988 Substitute for House Bill No. 2219; Kan. Const. Art. 2, section 16.

Attorney General Opinion No. 1988-162

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (826 download)

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Book Synopsis Attorney General Opinion No. 1988-162 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1988-162 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: K.S.A. 1987 Supp. 21-3525, known as the rape shield law, applies where the crime of rape, K.S.A. 1987 Supp. 21-3502, has occurred. Due to the sexual neutrality of the language used in the rape statute, the definition of "sexual intercourse" found in K.S.A. 1987 Supp. 21-3501(1), and due to the rule that criminal statutes are to be strictly construed, it is possible for a male to be the victim of rape. K.S.A. 1987 Supp. 21-3525 also applies when the crime of aggravated criminal sodomy, K.S.A. 1987 Supp. 21-3506, has occurred. Therefore, the rape shield law does indeed apply to forceable rapes committed against male victims, as well as applying to cases of aggravated criminal sodomy when the victim is a male. Cited herein: K.S.A. 1987 Supp. 21-3501; 21-3502; 21-3506; 21-3525.

Attorney General Opinion No. 1988-024

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (819 download)

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Book Synopsis Attorney General Opinion No. 1988-024 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1988-024 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: The issue of whether there has been a violation of the Voting Rights Act or the Fourteenth and Fifteenth Amendments to the United States Constitution in utilizing at large or multi-member electoral systems is a question of fact. Relevant factors a court will consider in making such a factual determination are set forth in this opinion. Cited herein: 42 U.S.C.A. section 1973a.

Attorney General Opinion No. 1988-091

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (824 download)

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Book Synopsis Attorney General Opinion No. 1988-091 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1988-091 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: K.S.A. 1987 Supp 22-2512 applies to the disposition of all evidence which is seized but is no longer required for evidence, regardless of the circumstances concerning its seizure or subsequent use. When evidence is not turned over to the rightful owner, then it is necessary for the prosecuting attorney to obtain an order of the district court before selling or destroying the property. Cited herein: K.S.A. 1987 Supp. 22-2512; U.S. Const. Amend V; U.S. Const. Amend XIV section 1.

Attorney General Opinion No. 1988-044

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (819 download)

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Book Synopsis Attorney General Opinion No. 1988-044 by : Robert T. Stephan

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.

Attorney General Opinion No. 1981-164

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (87 download)

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Book Synopsis Attorney General Opinion No. 1981-164 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-164 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: Neither the provisions of K.S.A. 1980 Supp. 19-1803, nor the common law doctrine of incompatibility of offices, precludes a person from concurrently serving on the board of trustees of a county hospital and on the board of education of a local school district. Cited herein: K.S.A. 1980 Supp. 19-1803.

Attorney General Opinion No. 1988-002

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (819 download)

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Book Synopsis Attorney General Opinion No. 1988-002 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1988-002 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: Under the provisions of subsection (c) of K.S.A. 46-922, the head of a state agency may pay up to $500 to persons for loss or damage to property, where such loss or damage was caused by the negligence of the state or any agency, officer or employee thereof. Claims for personal injuries may not be paid under the provisions of the aforesaid statute. Cited herein: K.S.A. 46-922.

Attorney General Opinion No. 1988-130

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (824 download)

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Book Synopsis Attorney General Opinion No. 1988-130 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1988-130 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 chronological order, the following must occur before a court may authorize placement in a secure facility pursuant to L. 1988, Ch. 138, section 8(e): 1) The child must have run from a court ordered or designated placement at least twice; 2) the child must be adjudicated as a child in need of care for having so run; 3) the court must enter an order directing the child to remain in a specified placement, following the procedures set forth in L. 1988, Ch. 138, section 8(a); 4) the child must violate this order; 5) upon the filing of an application pursuant to L. 1988, Ch. 138, section 8(b), a hearing on the violation must be held and the court must make the determinations required in L. 1988, Ch. 138, 58(e). A subsection 8(e) court order authorizing placement in a secure facility expires 60 days after it is issued. The court may grant two extensions of such authorization, up to 60 days each, upon rehearing pursuant to K.S.A. 38-1564. The secure placement authorized by L. 1988, Ch. 138, section 8(e) may not be in an adult jail except when a juvenile detention facility located therein, in quarters separated by sight and sound from adult prisoners, is used to hold the child for not more than 24 hours, including time spent therein pursuant to subsections 8(c) and (d). Cited herein: K.S.A. 1987 Supp. 38-1502, K.S.A. 38-1527, 38-1528, 38-1542, 38-1543, all as amended by L. 1988, Ch. 138; K.S.A. 38-1556; 38-1563; and L. 1988, Ch. 138, section 8.

Attorney General Opinion No. 1988-012

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (819 download)

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Book Synopsis Attorney General Opinion No. 1988-012 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1988-012 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: Section 7 of the Kansas Bill of Rights and the First Amendment to the United States Constitution guarantee free exercise of religion. Students do not shed these rights when they enter school grounds. Absent a compelling state interest, a student may not be prohibited from reading a Bible or other religious text during free reading periods or unstructured recesses. Cited herein: Kan. Const. Bill of Rights, section 7; U.S. Const., Amend. I.

Attorney General Opinion No. 1988-097

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (824 download)

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Book Synopsis Attorney General Opinion No. 1988-097 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1988-097 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: A public body must comply with the provisions of the Kansas Open Meetings Act if two tests are met: (1) the body is a legislative or administrative agency of the state or one of its political or taxing subdivisions, or is subordinate to such a body; and (2) the body receives or expends and is supported in whole or in part by public funds. A rural water district meets the first test as it is a political subdivision of the state. The second test is met if the district receives federal or state grants or other such public funding. Cited herein: K.S.A. 24-1201; K.S.A. 1987 Supp. 24-1219; K.S.A. 75-4317; K.S.A. 1987 Supp. 75-4318; K.S.A. 82a-612; K.S.A. 1987 Supp. 82a-613; K.S.A. 82a-614; 82a-616; 82a-619a; 82a-625; 82a-638.