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Attorney General Opinion No 1992 138
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Book Synopsis Attorney General Opinion No. 1992-138 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1992-138 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: Upon receipt of notice of a death from other than natural causes, a coroner is required to take charge of a dead body within a period of time which is reasonable under the circumstances. The type of notice and the time frame for notifying the coroner should also be reasonable under the circumstances. Since a search warrant may be the preferable course of action in some situations, coroners are counseled to seek the advice of the district or county attorney in specific cases. Cited herein: K.S.A. 22a-231, as amended by L. 1992, ch. 312, section 35; K.S.A. 1991 Supp. 22a-232.
Book Synopsis Attorney General Opinion No. 1986-138 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1986-138 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: Under its police power, a state may reimburse itself for the cost of regulating and supervising a business by assessing the necessary expenses to the business which created the necessity for such regulation and supervision. Use of conservation fee fund monies for the prevention and cleanup of pollution from oil and gas activities regulated by the state corporation commission is sufficiently related to the regulatory function to make its use for such purposes a valid exercise of the police power. The conservation fee fund may be used to fund the study and cleanup of oil and gas pollution pursuant to section 37 of 1986 House Bill No. 3078 (K.S.A. 55-143, as amended by 1986, ch. 201, section 37), to the extent that such study and cleanup are reasonably related to those activities of the oil and gas industry which are regulated by the commission. Use of the conservation fee fund by the state corporation commission for those oil and gas activities it does not regulate (as authorized by K.S.A. 55-143, as amended by L. 1986, ch. 201, section 37, which references subsection (a)(2)(A)-of K.S.A. 65-171d, as amended by L. 1986, ch. 201. section 22), is contrary to the findings of the Kansas Supreme Court in P̲a̲n̲h̲a̲n̲d̲l̲e̲ ̲E̲a̲s̲t̲e̲r̲n̲ ̲P̲i̲p̲e̲l̲i̲n̲e̲ ̲v̲.̲ ̲F̲a̲d̲e̲l̲e̲y̲. Such use exacts revenue from the oil and gas industry under the guise of a regulatory fee in violation of article 11, section 1 of the Kansas Constitution, and the commerce clause and the Fourteenth Amendment of the United State Constitution. Cited herein: Kans. Const., Art. 11, section 1; U.S. Const., Fourteenth Amendment; K.S.A. 55-131; 55-143; 65-171d, as amended by L. 1986, ch. 33, section 10(f); L. 1986, ch. 201, sections 1, 2, 10, 17, 22, 28, 37, 39 and 40; and K.A.R. 28-41-1.
Book Synopsis Attorney General Opinion No. 1992-137 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1992-137 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 provisions of the student publications act, L.1992, ch. 5, sections 1, 2, 3, are not applicable to community colleges. Cited herein: L. 1992, ch. 5, sections 1, 2, 3; U.S. Const., Amend. I.
Book Synopsis Attorney General Opinion No. 1992-050 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1992-050 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: K.S.A. 8-129(a) provides to persons required to register in this state a possible option as to the county in this state with which the person may register. It does not authorize registration of Kansas residents' vehicles in other states where they have places of business. Cited herein: K.S.A. 8-127; 8-129; 8-138a; 8-1,138.
Book Synopsis Attorney General Opinion No. 1993-138 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1993-138 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: There is no per se rule that requires police to transport a person to an alternative site for an independent test to detect the presence of alcohol or drugs; whether the person was afforded a reasonable opportunity to obtain an independent test pursuant to K.S.A. 8-1004 will depend upon the circumstances. Furthermore, the police are not obligated to transport to sites outside the city in the absence of a showing that testing facilities in the city are inadequate. Cited herein: K.S.A. 8-1004.
Book Synopsis Attorney General Opinion No. 1985-138 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1985-138 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: Larned State Hospital employees, who are indirectly appointed by and are under the control of the Secretary of Social and Rehabilitation Services, are considered to be employees of the Department of Social and Rehabilitation Services. Such employees are therefore subject to the provisions of K.S.A. 1984 Supp. 38-1523(c), which requires that suspected child abuse or neglect by persons employed by the Department of Social and Rehabilitation Services be investigated by the appropriate law enforcement agency rather than the department. Cited herein: K.S.A. 1984 Supp. 38-1523; K.S.A. 75-7308b; 76-12a01; 76-12a02; 76-12a05.
Book Synopsis Attorney General Opinion No. 1992-100 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1992-100 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: A trust company's powers do not include the authority to branch. Cited herein: K.S.A. 9-801; 9-901; 9-1111, as amended by L. 1992, ch. 61, section 1; 9-1801; 9-2103.
Book Synopsis Attorney General Opinion No. 1992-120 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1992-120 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: K.S.A. 12-1019 authorizes a petition seeking to bring to an election a question regarding a change in the form of government for a city. K.S.A. 1991 Supp. 25-3601, as amended by L. 1992, ch. 194, section 2, establishes in part the requirements for such petition. The amendment adopted in L. 1992, ch. 194, section 2 is merely procedural in nature, and therefore may be applied retrospectively to petitions being circulated prior to April 30, 1992, the effective date of the amendment. A petition drafted on March 31, 1992, should, prior to its circulation, be submitted to the county attorney for an opinion regarding the legality of the form of the question unless such retrospective application of the requirement results in a manifest injustice. Cited herein: K.S.A. 12-184; 12-1019; K.S.A. 1991 Supp. 25-3601, as amended by L. 1992, ch. 194, section 2; U.S. Const., art. 1, section 10.
Book Synopsis Attorney General Opinion No. 1992-136 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1992-136 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: Documents circulated by electors of the city of Cherryvale seeking to bring about a change in the form of city government and the number of wards in the city constitute two separate petitions. Each petition must be able to stand on its own in meeting the requirements for a sufficient petition. A recital of the circulator must be included in each petition. A question regarding abandonment of the commission form of government is to be submitted to the qualified electors of the city at the next city or state general or primary election following by not less than 60 days the certification of the petition. A petition requesting that the question be submitted at an election held at any other time is a nullity. Division of the city into wards is essentially an administrative function, and is not subject to initiative and referendum. A petition requesting a change in the number of wards of a city is therefore of no legal consequence. Cited herein: K.S.A. 12-184; 12-3013; 14-103; 14-1807; K.S.A. 1991 Supp. 25-3601, as amended by L. 1992, ch. 194, section 2; 25-3602, as amended by L. 1992, ch. 194, section 3.
Book Synopsis Attorney General Opinion No. 1992-083A by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1992-083A 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 sheriff of the county where the action is filed is responsible for the service of process by certified mail. Attorney General Opinion No. 92-83 is accordingly revised. Cited herein: L. 1992, ch. 290.
Book Synopsis Attorney General Opinion No. 1992-119 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1992-119 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 legislature has effectively placed a moratorium during that period running from the first Wednesday following the first Tuesday in December of even-numbered years to the Tuesday immediately preceding the first Wednesday in April of odd-numbered years on elections regarding a change in the method of election or voting plan for members of a board of education. Because Tuesday, April 6, 1993, falls within that period of time subject to the moratorium, no election regarding a change in the method of election or voting plan for members of a board of education may be conducted on April 6, 1992. The provisions of K.S.A. 72-8004 are mandatory. If, in order to meet federal requirements, proposed member districts cannot be drawn so as to comply with the conditions set forth in K.S.A. 72-8004, a change in the method of election or voting plan may not be made. Cited herein: K.S.A. 72-8001; 72-8004; 72-8005; 72-8008; 72-8009; 42 U.S.C. section 1971.
Book Synopsis Attorney General Opinion No. 1992-151 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1992-151 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: Based on I̲n̲ ̲r̲e̲ ̲A̲p̲p̲l̲i̲c̲a̲t̲i̲o̲n̲ ̲o̲f̲ ̲N̲o̲e̲l̲ ̲f̲o̲r̲ ̲D̲i̲s̲c̲h̲a̲r̲g̲e̲ ̲H̲e̲a̲r̲i̲n̲g̲, 17 Kan. App. 2d 303 (1992), it is our opinion that K.S.A. 1991 Supp. 22-3428(3), as amended, and K.S.A. 1991 Supp. 22-3428a(3), which are used to determine the need for continued commitment of insanity acquittees, violate the due process and equal protection clauses of the 14th amendment by not placing the burden of proof upon the state to show by clear and convincing evidence both the committed person's continued insanity and dangerousness. However, rather than striking the statutes down, the Court of Appeals engrafted the essential requirements onto the statutes. Cited herein: K.S.A. 1991 Supp. 22-3428, as amended by L. 1992, ch. 309, section 3; 22-3428a.
Book Synopsis Attorney General Opinion No. 1992-015 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1992-015 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 use of the word "shall" in a statute which specifies a set number of meetings per year is directory not mandatory if that statute does not provide consequences for non-compliance. Members of the advisory commission on health and environment should be compensated with subsistence allowances, and reimbursement for mileage and other actual and necessary expenses for attending commission meetings. Cited herein: K.S.A. 75-3223; 75-5656.
Book Synopsis Attorney General Opinion No. 1992-029 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1992-029 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 present assault and battery statutes are not adequate to prosecute an HIV infected individual who engages in conduct defined in 42 U.S.C.S. section 300ff-47. Senate Bill No. 287 with its proposed amendments would allow such a prosecution. Senate Bill No. 358 which redefines the crime of battery, combined with the criminal attempt statute when appropriate, may permit such a prosecution. Cited herein: K.S.A. 21-3301; 21-3408; 21-3412; 21-3414; 42 U.S.C.S. section 300ff-41; 42 U.S.C.S. section 300ff-47.
Book Synopsis Attorney General Opinion No. 1992-052 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1992-052 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: 1992 House Bill No. 2646, dealing with health care issues and regulation of abortion, does not violate the constitutional prohibition against bills containing more than one subject. Cited herein: K.S.A. 21-3407; 21-3721; Kan. Const., art. 2, section 16; 1992 House Bills No. 2646, 2778.
Book Synopsis Attorney General Opinion No. 1992-130 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1992-130 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: A county official charged with official misconduct cannot be reimbursed by the county for attorneys fees associated with the defense of those charges. If not charged with official misconduct, and if the crime charged was committed while discharging official duties in good faith or for the public benefit, the official may be reimbursed at the county's discretion. Cited herein: K.S.A. 75-6101.
Book Synopsis Attorney General Opinion No. 1993-069 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1993-069 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: The Supreme Court nominating commission is not subject to title 7 of the civil rights act of 1964, as amended, but is subject to the Americans with disabilities act and the Kansas act against discrimination. Cited herein: K.S.A. 20-124; 20-125; 20-132; 20-137; 20-138; 20-3004; 20-3007; K.S.A. 1992 Supp. 44-1002; 44-1006; 44-1009; Kan. Const., art. 3, sec. 5; 29 U.S.C.S. sec. 630; 42 U.S.C.S. sec. 2000e; 42 U.S.C.S. sec. 2000e-2; 42 U.S.C.S. secs. 12101, 12111, 12112.
