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Attorney General Opinion No 1993 138
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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. 1994-138 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1994-138 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: Townships have been granted authority pursuant to K.S.A. 1993 Supp. 79-5036(c) to exempt themselves entirely from the provisions of the aggregate tax levy limit law, K.S.A. 79-5021 to 79-5033, or to modify the provisions of those statutes, subject to petition and referendum. However, townships do not have general home rule authority and therefore may not effect changes in statutes other than K.S.A. 79-5021 to 79-5033. Cited herein: K.S.A. 19-101b; K.S.A. 1993 Supp. 79-5022; 79-5028; 79-5036.
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.
Book Synopsis Attorney General Opinion No. 1993-029 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1993-029 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: It is our opinion that the offices of councilperson for a city of the second class and trustee for the city hospital are incompatible. The common law doctrine of incompatibility of offices precludes a person from concurrently serving in both offices. Cited herein: K.S.A. 14-109; 14-204; 14-205; 14-601; 14-604; 14-605; 14-606; K.S.A. 14-602 (Weeks 1935).
Book Synopsis Attorney General Opinion No. 1993-005 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1993-005 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: As used in K.S.A. 1991 Supp. 74-7301, personal injury means an injury affecting one's physical and mental person; an injury giving rise to a personal action at law. Cited herein: K.S.A. 1991 Supp. 74-7301.
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. 1993-016 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1993-016 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: As long as the assistant district attorney does not practice civil law when acting as a conservator, and his job as a conservator does not interfere with his ability to devote full time to his duties, he may continue in his role as a conservator. The support staff of the district attorney's office may be part of the public employer-employee relations act contracts, however, any memorandum of agreement which is entered into cannot preempt state law or the rights of the public employer listed in K.S.A. 75-4326. Cited herein: K.S.A. 22a-106; 59-3002; 75-3747; 75-4326; 75-4330.
Book Synopsis Attorney General Opinion No. 1993-055 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1993-055 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 Kansas open records act (KORA) requires public records to be disclosed upon request unless a law permits or requires closure of a specific public record. A settlement agreement entered into by a city meets the definition of a public record, and is subject to the KORA. There is no exemption provision allowing the settlement agreement to be confidential under the KORA. It is our opinion that a contractual term attempting to close the conditions of the settlement is void as against public policy. The Kansas open meetings act (KOMA) declares as the policy of this state that meetings for the conduct of governmental affairs and the transaction of governmental business be open to the public. Based on this policy, no binding action shall be taken during closed executive sessions. A city may not take binding action on a settlement agreement during executive session. Cited herein: K.S.A.45-215; 45-216; K.S.A. 1992 Supp. 45-217; 45-221; K.S.A. 75-4317; K.S.A. 1992 Supp. 75-4319.
Book Synopsis Attorney General Opinion No. 1993-027 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1993-027 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: Judging from the facts provided, B.C. Christopher, a financial advisor, has not held itself out as an expert in the area of law and will give no advice regarding the legal rights or obligations of the school district; therefore, it is not engaged in the unauthorized practice of law. The proposal submitted by the financial advisor does not obligate the school district to use the services of the attorney selected by the financial advisor, nor does it prohibit the school district from appointing legal counsel to provide the services necessary for issuing bonds. The proposal does not result in an impermissable impediment to the on-going relationship between the school district and the district's present legal counsel. Failure by the school district to meet all statutory requirements, regardless whether the school district follows the advice of legal counsel, may affect the validity of the issuance of bonds by the school district. Cited herein: K.S.A. 72-6761; 72-8201; 72-8202e; Kan. Const., art. 3, sec. 1; D.R. 7-104; M.P.R.C. 4.2; 1992 Kan. Ct. R. Annot. 225.
Book Synopsis Attorney General Opinion No. 1993-090 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1993-090 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: Persons listed in K.S.A. 1992 Supp. 38-1522 are required to notify the department of social and rehabilitation services (S.R.S.), or a law enforcement agency if S.R.S. is closed, if they have reason to suspect that a child has been sexually abused regardless whether the alleged perpetrator resides in the child's home. A mandated reporter who refuses to notify S.R.S. because of a promise extracted by the victim or the victim's family violates the law and subjects himself or herself to criminal prosecution. Cited herein: K.S.A. 1992 Supp. 38-1502; K.S.A. 38-1521; K.S.A. 1992 Supp. 38-1522; 38-1523; K.S.A. 65-5810; 65-5812.
Book Synopsis Attorney General Opinion No. 1993-066 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1993-066 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: K.S.A. 1992 Supp. 38-1513(a)(2) can be interpreted to authorize the court to take into consideration a parent's religious objections in determining whether to order medical treatment for a child who is a ward of the court. In spite of the deference to a parent with certain religious beliefs, the code for care of children treats all children the same in terms of the reporting, investigation, and treatment of such children regardless of their parents' religious beliefs. Cited herein: K.S.A. 1992 Supp. 38-1513; 38-1522; 38-1523; U.S. Const., Amend. I.
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. 1993-042 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1993-042 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 county or district attorney of the county in which the application is filed represents the applicant. The application may be filed in the district court of either the patient's county of residence or the county in which the patient is present. However, it is within the district court's discretion to change venue, in which case, the county or district attorney of the receiving district court assumes responsibility to represent the applicant. Cited herein: K.S.A. 1992 Supp. 59-2902; K.S.A. 59-2913; K.S.A. 1992 Supp. 59-2914; (repealed, L. 1986, ch. 211, sec. 40); K.S.A. 1992 Supp. 59-2916; 59-2916a; 59-2917; 59-2918a; 59-2922.
Book Synopsis Attorney General Opinion No. 1993-113 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1993-113 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 Kansas open meetings act applies to legislative conference committee meetings and, when such meetings take place, the appropriate notice under the circumstances must be given to any person requesting such notice. Cited herein: K.S.A. 75-4317a, 75-4318.
Book Synopsis Attorney General Opinion No. 1993-009 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1993-009 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 incident based reporting system code sheet is a public record that must be disclosed by law enforcement agencies upon request. Cited herein: K.S.A. 45-216; K.S.A. 1992 Supp. 45-217; K.S.A. 45-218; K.S.A. 1992 Supp. 45-221; 22-4701; K.S.A. 22-4707.
Book Synopsis Attorney General Opinion No. 1993-020 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1993-020 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: To satisfy the mandatory imprisonment requirements imposed by K.S.A. 8-1567, the individual must be in custody. Providing private security guards in a hospital setting is not sufficient in and of itself to meet this requirement, however, constant surveillance by law enforcement officials in a jail is not required either. The determining factor is the intent of the court and law enforcement officials to retain custody and control of the prisoner. Cited herein: K.S.A. 8-1567; 8-1450; 12-4113; K.S.A. 1992 Supp. 21-3110; 22-2202; K.S.A. 65-4003.
Book Synopsis Attorney General Opinion No. 1993-011 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1993-011 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: Pursuant to the Kansas sentencing code neither court services officers nor community corrections officers have authority to unilaterally restrict the liberty of clients under their supervision. A statute which would purport to grant such authority to court services officers or community corrections officers without the benefit of a hearing would violate due process rights guaranteed under the fourteenth amendment to the United States constitution. Cited herein: K.S.A. 1992 Supp. 21-4602; 21-4603; 21-4610.
