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Attorney General Opinion No 1994 154
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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. 1994-047 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. 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. 1994-084 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1994-084 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 application affidavit provisions of 1994 senate bill no. 459 do not require notarization if an unsworn written declaration, subscribed under penalty of perjury, in substantially the form required by K.S.A. 1993 Supp. 53-601 is given in lieu of a sworn affidavit. Cited herein: K.S.A. 1993 Supp. 53-502; 53-601; K.S.A. 54-101; 54-105; 1994 S.B. No. 459.
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. 1994-038 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1994-038 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: Members of the governing board of a community mental health center who are also consumers of mental health services, representatives of mental health consumer groups, or family members of mentally ill persons may not keep their identities confidential in their official functions. Cited herein: K.S.A. 19-4001; K.S.A. 1993 Supp. 19-4002; K.S.A. 19-4003; 19-4004; K.S.A. 1993 Supp. 59-2931; 60-427; K.S.A. 65-5602; 65-5604; 74-5323.
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. 1994-059 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1994-059 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: Because the legislation proposed in 1994 senate bill no. 623 impairs a contractual right of those members having a vested interest in the retirement system without accompaniment of an offsetting or counterbalancing advantage, the bill violates section 10 of article 1 of the United States constitution and K.S.A. 74-4923. Cited herein: K.S.A. 74-4901; 74-4917; 74-4923; 74-4951; 1994 S.B. No. 623; 1994 S.B. No. 624; U.S. Const., art. 1, sec. 10.
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. 1994-033 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. 1994-089 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1994-089 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 amnesty provisions of 1994 senate bill no. 459 do not violate the uniform and equal provisions of article 11, section 1 of the Kansas constitution, nor does the bill violate article 2, sections 16 and 17 or section 1 of the Kansas bill of rights. Cited herein: Kan. Const., art. 2, secs. 16, 17, art. 11, sec. 1, bill of rights, sec. 1; 1994 S.B. 459.
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. 1994-076 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. 1994-117 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1994-117 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: Absent evidence that a newspaper acted with the specific intent to interfere with the employment or business of a person who may be subject to a sexually violent predator civil commitment proceeding, K.S.A. 21-4006 does not prohibit publication of such person's name and address. Cited herein: K.S.A. 21-4006; L. 1994, ch. 316, sec. 3; L. 1994, ch. 316, sec. 4.
Book Synopsis Attorney General Opinion No. 1994-136 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1994-136 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: Kansas law recognizes contractual guarantees between parent and wholly owned subsidiary corporations for the purpose of meeting the financial requirements of owners and operators of hazardous waste treatment, storage, and disposal facilities. However, the terms of the guarantee must be identical to the terms of 40 C.F.R. 264.151(h)(2). Cited herein: K.S.A. 17-6102; 40 C.F.R. secs. 264.147; 264.151; 265.147.
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. 1994-024 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.
