Attorney General Opinion No 1992 151

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Attorney General Opinion No. 1992-151

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (81 download)

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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.

Attorney General Opinion No. 1992-137

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (81 download)

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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.

Attorney General Opinion No. 1992-083A

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (798 download)

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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.

Attorney General Opinion No. 1992-015

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (798 download)

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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.

Attorney General Opinion No. 1992-100

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (798 download)

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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.

Attorney General Opinion No. 1992-074

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (798 download)

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Book Synopsis Attorney General Opinion No. 1992-074 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1992-074 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: As it appears no compelling governmental interest is served by the durational residence requirement set forth in K.S.A. 76-1908(b), the requirement results in a violation of the equal protection clause and is therefore unconstitutional. Cited herein: K.S.A. 76-1902b; 76-1908; L. 1889, ch. 235, section 11; U.S. Const., art. I, section 8; U.S. Const., art. IV, section 2; U.S. Const., Amend. XIV.

Attorney General Opinion No. 1992-135

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (81 download)

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Book Synopsis Attorney General Opinion No. 1992-135 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1992-135 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: An ordinance increasing the penalty for certain crimes when the crimes are motivated by bigotry does not violate the first amendment to the United States constitution. Cited herein: U.S. Const., Amend I.

Attorney General Opinion No. 1992-042

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (798 download)

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Book Synopsis Attorney General Opinion No. 1992-042 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1992-042 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 Senate Bill No. 174 does not violate the provisions of article 15, section 12 of the Kansas constitution. Cited herein: K.S.A. 44-803; 44-809; Kan. Const., art. 15, sec. 12.

Attorney General Opinion No. 1992-105

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (798 download)

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Book Synopsis Attorney General Opinion No. 1992-105 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1992-105 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: An attempt by a board of education and a professional employees' organization to ratify amendments to the contracts of employment of professional employees without submitting the amendments to a vote of the professional employees pursuant to K.S.A. 72-5421 would conflict with the purposes of professional negotiation recognized by the legislature. Any provisions of an agreement conferring such authority upon a board of education and a professional employees' organization would be void and unenforceable. Cited herein: K.S.A. 72-5411, as amended by L. 1992, ch. 20, section 1; K.S.A. 1991 Supp. 72-5412; 72-5413; K.S.A. 72-5414; 72-5421; K.S.A. 1991 Supp. 72-5423; K.S.A. 72-5424; 72-5437, as amended by L. 1992, ch. 20, section 2.

Attorney General Opinion No. 1992-052

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (798 download)

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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.

Attorney General Opinion No. 1992-128

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (798 download)

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Book Synopsis Attorney General Opinion No. 1992-128 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1992-128 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: Pursuant to K.S.A. 1991 Supp. 74-4960, as amended by L. 1992, ch. 321, section 14, and 74-4960a, as amended by L. 1992, ch. 321, section 15, the Kansas public employees retirement system (KPERS) is obligated to make payment of the 10% benefit due a minor child of a disabled member of the Kansas police and firemen's retirement system (KP & F) only to a legally appointed conservator. It is necessary, therefore, that a conservator be appointed for each minor child of the member's family. Unless the divorce decree provides otherwise, a member of KP & F who is making child support payments pursuant to a divorce decree is entitled to credit toward those payments the amount of the 10% benefit paid by KPERS to the conservator of the minor child. If the 10% benefit exceeds the amount owed pursuant to the divorce decree, the excess will be considered a gratuity under the divorce decree. If the court determines that payment of the 10% benefit to a conservator somehow results in a material change in circumstances, the court may modify the order fixing child support. Cited herein: K.S.A. 20-165, as amended by L. 1992, ch. 312, section 1; K.S.A. 1991 Supp. 59-3004; 60-1610, as amended by L. 1992, ch. 273, section 2; 74-4916, as amended by L. 1992, ch. 321, section 8; 74-4927h; 74-4959, as amended by L. 1992, ch. 321, section 13; K.S.A. 74-4960, as amended by L. 1992, ch. 321, section 14; 74-4960a, as amended by L. 1992, ch. 321, section 15.

Attorney General Opinion No. 1992-119

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (798 download)

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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.

Attorney General Opinion No. 1992-005

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (798 download)

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Book Synopsis Attorney General Opinion No. 1992-005 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1992-005 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: Boards of libraries established or maintained in accordance with K.S.A. 12-1219 are subject to the provisions of K.S.A. 1990 Supp. 12-1223 and 12-1225. Cited herein: K.S.A. 12-1219; K.S.A. 1990 Supp. 12-1223; 12-1225; K.S.A. 17-6001; 77-201, as amended by L. 1991, ch. 33, section 37.

Attorney General Opinion No. 1992-025

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (798 download)

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Book Synopsis Attorney General Opinion No. 1992-025 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1992-025 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: No legal action may be undertaken to force an appropriation of state money for the purpose of reimbursing counties for costs incurred by the counties in conducting the presidential reference primary election. Cited herein: K.S.A. 25-4508; Kan. Const., art. 2, section 24.

Attorney General Opinion No. 1992-014

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (798 download)

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Book Synopsis Attorney General Opinion No. 1992-014 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1992-014 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. 1991 Supp. 41-714(a)(2) attempts to prohibit retailers from advertising alcoholic liquor by means of billboards. However, the statute does not sufficiently inform retailers what conduct will subject them to penalties, and prohibits advertising by "billboard" in terms so vague that persons of common intelligence must necessarily guess at its meaning. In our opinion that provision is therefore violative of due process and unenforceable. Cited herein: K.S.A. 1991 Supp. 41-714, Kan. Const., Bill of Rights, section 10; U.S. Const., Amend. 14.

Attorney General Opinion No. 1992-120

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (798 download)

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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.

Attorney General Opinion No. 1992-056

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (798 download)

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Book Synopsis Attorney General Opinion No. 1992-056 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1992-056 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: Bodies subject to the Kansas open meetings act, K.S.A. 75-4317 e̲t̲ s̲e̲q̲., may conduct executive sessions pursuant to the terms and limitations established by K.S.A. 75-4319. Such bodies may include in some executive sessions those individuals whom the body determines will assist with the executive session discussion. Mere observers may not attend executive sessions. Moreover, K.S.A. 75-4319(b)(2) may only be used to close meetings if the attorney for the body is present, if persons other than the client and the attorney and his or her agents are excluded from the executive session, and if the communication in the executive session is privileged in nature. More than one attorney may be present in an executive session called pursuant to K.S.A. 75-4319(b)(2) if the attorneys represent the public body and the communication in executive session is privileged in nature. Cited herein: K.S.A. 60-246; 74-4903; 75-4317; 75-4319.