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Attorney General Opinion No 1994 033
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Book Synopsis Attorney General Opinion No. 1994-033 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1994-033 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: A civil action filed pursuant to K.S.A. 1993 Supp. 60-3331 does not preclude a criminal prosecution. Cited herein: K.S.A. 1993 Supp. 60-3331.
Book Synopsis Attorney General Opinion No. 1977-033 by : Curt Thomas Schneider
Download or read book Attorney General Opinion No. 1977-033 written by Curt Thomas Schneider and published by . This book was released on 1977 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Steel traps which may be set for coyotes are not limited in number by the provisions of K.S.A. 32-158.
Book Synopsis Attorney General Opinion No. 1994-035 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1994-035 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: The United States constitution has delegated to congress the power to determine the qualifications of its own members and to expel its members when necessary. Because this is a power reserved for the individual houses of congress, the tenth amendment of the United States constitution does not reserve to the states the authority to remove members of congress from office. K.S.A. 25-4301 et seq. are not applicable to members of congress. Cited herein: K.S.A. 25-4301; 25-4304; U.S. Const., art. 1, sec. 5, amend. 10.
Book Synopsis Attorney General Opinion No. 1994-047 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1994-047 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: Attorney's fees are recoverable in a class action lawsuit under two exceptions to the American no fee rule: one involving a party who has acted in bad faith and the other involving a benefit created by counsel for the benefit of the class. Retaliatory termination of water service by a rural water district may subject the district to a civil rights action under 42 U.S.C. sec. 1983. Cited herein: K.S.A. 12-631k; 60-223; U.S. Const., Amendments IV, V, XIV.
Book Synopsis Attorney General Opinion No. 1995-033 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1995-033 written by Carla J. Stovall and published by . This book was released on 1995 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The board of education may not delegate to another officer the authority to determine whether to submit to the electorate of the school district a resolution authorizing adoption of a local option budget. Likewise, the board may not delegate to another officer the authority to specify the date of the election for submitting a resolution authorizing the local option budget to the electorate. If the board has through its rules, regulations, or policies, or by direct order, expressed its intention to submit to the electorate resolutions which were the subject of protest petitions, and established a time frame for the date of such elections, the superintendent may apply such directions of the board to a local option budget. Cited herein: K.S.A. 1994 Supp. 72-6433; K.S.A. 72-8202b; Kan. Const., art. 2, sec. 21.
Book Synopsis Attorney General Opinion No. 1994-095 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1994-095 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: The form of the question set forth in the herein referenced petition meets the requirements set forth in K.S.A. 12-3013 and 25-3602. Cited herein: K.S.A. 12-3005; 12-3013; 25-620; 25-3601; 25-3602; Kan. Const., art. 12, sec. 5.
Book Synopsis Attorney General Opinion No. 1994-078 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1994-078 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: Use of a blue devil as a mascot by a unified school district does not violate the establishment clause of the first amendment of the United States constitution. Cited herein: U.S. Const., amend. I; U.S. Const., amend. XIV.
Book Synopsis Attorney General Opinion No. 1994-009 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1994-009 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: Generally, criminal history record information is not open to the public and disclosure is restricted by statute. However, persons may request conviction records on individuals from a criminal justice agency, and the agency may discretionarily disclose the requested records. Cited herein: K.S.A. 1993 Supp. 22-4701; K.S.A. 22-4705; 22-4707; K.A.R. 1992 Supp. 10-11-1; 10-12-1; 10-12-2.
Book Synopsis Attorney General Opinion No. 1994-056 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1994-056 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: 1993 house bill no. 2070 amended the water transfer act, specifically K.S.A. 82a-1504(c), eliminating the legislative oversight of water transfers. The amendment contained procedural changes that are applied retroactively unless the legislature indicates otherwise. Thus the legislative review requirement in the former statute, K.S.A. 82a-1504(c) (Ensley 1989), does not apply to a water transfer in litigation during the amendment of the statute wherein the legislative oversight provision was eliminated. Cited herein: K.S.A. 65-4801; 82a-701; 82a-1504 (Ensley 1989); K.S.A. 1993 Supp. 82a-1504; K.S.A. 82a-5801.
Book Synopsis Attorney General Opinion No. 1994-118 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1994-118 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: The question set forth in a petition seeking to bring an issue before the electorate must be in the form of a question as it should appear upon the ballot in accordance with the requirements of K.S.A. 25-620, unless otherwise specifically provided. The question set forth in the petition must be preceded by the phrase "Shall the following be adopted." Cited herein: K.S.A. 25-601; 25-605a; 25-620; 25-3601; 25-3602; L. 1992, ch. 194, sec. 3.
Book Synopsis Attorney General Opinion No. 1994-098 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1994-098 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: New subsection (b) of K.S.A. 79-2005 as amended by L. 1994, ch. 275, sec. 3 may not be applied retroactively in cases where substantive rights would be prejudicially affected. Cited herein: K.S.A. 45-310; 45-311; K.S.A. 1993 Supp. 79-1448; K.S.A. 79-2005, as amended by L. 1994, ch. 275, sec. 3.
Book Synopsis Attorney General Opinion No. 1994-024 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1994-024 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: 1994 house bill no. 2698 violates the fourteenth amendment to the United States constitution because it does not provide due process protection for a person who may have an interest in an inactive bank deposits and a right to receive further lease payments -- both of which may escheat to the city under this proposed legislation. However, these constitutional infirmities may be cured by the inclusion of provisions which provide for a presumption of abandonment after a period of years and a judicial determination of escheat with the concomitant provisions of notice and an opportunity to object. Cited herein: K.S.A. 1993 Supp. 58-3902; 59-514; 59-901; 59-903.
Book Synopsis Attorney General Opinion No. 1994-076 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1994-076 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: Rate making is a legislative function which necessarily implies a range of legislative discretion. Within this discretion lies the authority to prescribe specific conditions in a rate order such as the conditions found in 1994 House Bill No. 3039. Cited herein: K.S.A. 66-101b; 66-104; 66-128b; 66-1,189; 66-1,191; 66-1,192, as amended by L. 1994, H.B. No. 2665; 66-1,194; 1994 H.B. No. 3039; Kan. Const., art. 2, sec. 1; U.S. Const., amend. IV.
Book Synopsis Attorney General Opinion No. 1994-160 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1994-160 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: A city of the second class may condemn private property outside of its city limits for the purpose of obtaining an easement to construct a pipeline that will transport water from a point outside the city limits to a point within the city. Furthermore, a city may condemn property owned by a county if the property is either not devoted to a public use or, if it is devoted to such use, the condemnation will not substantially destroy or materially interfere with the original use. Cited herein: K.S.A. 12-809; 12-845; 12-856; 19-3545; 26-201.
Book Synopsis Attorney General Opinion No. 1994-003 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1994-003 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: The residence of a pupil for the purpose of attending school is not limited to the residence or domicile of the parents. A child may attend school in a particular school district if the child lives with a resident of the school district who has actual care and control of the child and is supporting the child or has the written consent of the child's parents. State law does not recognize the intention of the pupil for changing the pupil's living arrangements as a factor to be considered when determining whether a pupil may attend school in a particular school district. State law does not obligate each school district to suspend or expel a pupil who has engaged in any of the activities set forth in K.S.A. 72-8901; rather, discretion is given each school district to determine for which offenses a pupil of the school district may be suspended or expelled. A school district does not possess the authority to suspend or expel a pupil from attending school in another school district. Given this limitation of authority, the fact that a pupil has been expelled from attending school in the former school district does not result in expulsion from attending school in the present school district. K.S.A. 72-8905excuses a pupil from compulsory attendance in a school district once the pupil has been suspended or expelled from that particular school district. However, if the place of residence of the pupil is moved to another school district, the pupil is once again subject to K.S.A. 72-1111. Cited herein: K.S.A. 72-961; 72-1046; 72-1111; 72-1113; 72-8901; 72-8903; 72-8904; 72-8905; Kan. Const., art. 6, sec. 2; L. 1970, ch. 300.
Book Synopsis Attorney General Opinion No. 1994-154 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1994-154 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: Water right holders applying for a change in place of use must comply with K.S.A. 1993 Supp. 82a-708b. Subsection (a)(3) of that statute requires the applicant to demonstrate that the change in the water right would not divert water from a different local source of supply than was originally authorized by the water right in question. Cited herein: K.S.A. 82a-703; 82a-706; K.S.A. 1993 Supp. 82a-708b; 82a-709; K.S.A. 1993 Supp. 82a-711; K.A.R. 5-25-10.
Book Synopsis Attorney General Opinion No. 1994-013 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1994-013 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: Law enforcement authorities are not required to obtain fingerprints from a person who is given a notice to appear for a municipal ordinance violation which would be the equivalent of a class A or B misdemeanor under state law. However, at that person's first court appearance or at some point before final disposition of the matter, it is the court's responsibility to ensure that fingerprints have been secured. Cited herein: K.S.A. 12-4113; K.S.A. 1993 Supp. 21-2501.
