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Attorney General Opinion No 1992 157
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Book Synopsis Attorney General Opinion No. 1992-157 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1992-157 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 L. 1992, ch. 265, section 4, if a mortgage states that it is to secure an amount less than the total amount of principal debt or obligation, mortgage registration tax shall be based on the lesser amount. Intent of the parties, determined by a comprehensive review of the mortgage and the note as suggested in Attorney General Opinion No. 90-61, is no longer determinative of the amount upon which to base the tax. Cited herein: K.S.A. 1991 Supp. 79 - 3102, as amended by L. 1992, ch. 265, section 4.
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. 1991-157 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1991-157 written by Robert T. Stephan and published by . This book was released on 1991 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: It is our opinion that, pursuant to the definitions of public record and public agency set forth at K.S.A. 45-217, and in accordance with the declarations set forth in K.S.A. 1-401, working papers created, maintained and in the possession of a private CPA firm, whose only connection with a public entity is a service contract entered into pursuant to K.S.A. 1990 Supp. 46-1122, are records which are not subject to the provisions of the Kansas open records act (KORA). However, post audit may review such working papers in accordance with the oversight duties dictated by K.S.A. 1990 Supp. 46-1127(a), the access powers of the division of legislative post audit and as recognized by general legal principles applicable to the accountant/client relationship. Access to or review of CPA working papers by post audit does not automatically alter the nature of the records for purposes of the open records act. If copies of records are provided to post audit, records in the possession of post audit must be closed by post audit if the records in question are subject to a duty of confidentiality. Cited herein: K.S.A. 1-401; 45-215; 45-217; K.S.A. 1990 Supp. 45-221, as amended by L. 1991, ch. 149, section 12; K.S.A. 46-1101; K.S.A. 1990 Supp. 46-1106; 46-1108; 46-1114; 46-1122; K.S.A. 46-1127; K.A.R. 74-5-101; 74-5-105.
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. 1992-015 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. 1992-074 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.
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. 1992-094 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1992-094 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: In domestic violence calls, when a law enforcement officer has probable cause to believe a crime is being committed or has been committed, the officer is required to arrest the offender and may not simply issue a ticket with a notice to appear in court. Cited herein: K.S.A. 1991 Supp. 22-2202; 22-2307; K.S.A. 22-2401.
Book Synopsis Attorney General Opinion No. 1992-022 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1992-022 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. 8-237 the chief law enforcement officer of a local unit of government can only recommend to the division of vehicles if an applicant should be issued a driver's license. The final decision rests with the division of vehicles. Cities and counties are not able to use their home rule powers to deny licenses to persons under the age of 16 years if the statute is uniformly applicable and does not grant such authority. Allowing the raising of the driving age to 16 years, in some counties but not others, will not violate an individual's constitutional right to equal protection. Cited herein: K.S.A. 8-237, Kan. Const., Art. 12, section 5.
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. 1993-157 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1993-157 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: County officers and employees are not exempt from the provisions of K.S.A. 74-7001 et seq. The technical professions act applies to county officers and employees who perform work that falls under the definitions in the act and who are not otherwise exempt. Furthermore, it is our opinion that the term "corporations" as used in K.S.A. 74-7035(d), does not include municipal corporations such as counties and cities. Cited herein: K.S.A. 74-7001; 74-7003; 74-7031; 74-7032; 74-7034; 74-7035; 74-7038.
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. 1992-057 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1992-057 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 health department may not be required to disclose information regarding an individual's treatment for venereal disease when such information is intended to be used by the state as evidence in a prosecution for indecent liberties with a child. Cited herein: K.S.A. 1991 Supp. 38-1514; K.S.A. 38-1554; K.S.A. 1991 Supp. 60-427; K.S.A. 65-118; 65-427; K.A.R. 28-1-2.
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. 1992-105 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.
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. 1992-130 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.
