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Attorney General Opinion No 1994 161
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Book Synopsis Attorney General Opinion No. 1994-161 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1994-161 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 person convicted of a third or subsequent DUI must serve the term of imprisonment in a county jail, not in a state facility in the custody of the secretary of corrections. Cited herein: K.S.A. 1993 Supp. 8-1567; K.S.A. 1993 Supp. 8-1567 as amended by L. 1994, ch. 291, section 2; K.S.A. 1993 Supp. 21-4703; K.S.A. 1993 Supp. 21-4704 as amended by L. 1994, ch. 291, section 50.
Book Synopsis Attorney General Opinion No. 1994-016 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1994-016 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: County treasurers are not authorized to charge a fee for the production or issuance of individual identification cards issued to disabled veterans for parking privileges pursuant to K.S.A. 8-161. Cited herein: K.S.A. 1993 Supp. 8-145d; K.S.A. 8-160; 8-161; K.S.A. 1993 Supp. 8-1,124; 8-1,125.
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. 1995-041 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1995-041 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: "Good time credits" are applicable only to persons serving a sentence in the custody of the secretary of corrections upon conviction of a felony. Kansas statutes neither require nor authorize a county to develop a policy regarding good time credits for persons serving a sentence for a third or subsequent driving under the influence conviction. A person serving a sentence for a third or subsequent driving under the influence conviction in a county jail is thus not eligible for "good time credits." In relation to persons convicted of a third or subsequent driving under the influence offense, substantive rights were affected by the 1994 amendments to K.S.A. 1993 Supp. 8-1567 and to K.S.A. 1993 Supp. 21-4704(i). Consequently the 1994 amendments should be applied prospectively, i.e. only to offenses committed after July 1, 1994. To the extent it conflicts with conclusions reached herein, Attorney General Opinion No. 94-161 is withdrawn. Cited herein: K.S.A. 1993 Supp. 8-1567; 21-4704; K.S.A. 1994 Supp. 8-1567; 21-3105; 21-4703; 21-4704; 21-4706; 21-4707; 21-4722; K.A.R. 44-6-146.
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. 1994-035 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. 1994-101 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1994-101 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 cash-basis law does not apply to the indebtedness created by an asset purchase contract designed to integrate the city hospital and a private hospital where the voters approved a tax increase for the purpose of financing the integration. Cited herein: K.S.A. 10-1116.
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. 1994-098 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. 1994-166 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1994-166 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: If a witness is subpoenaed to appear in two separate courts on the same day and appearance in both courts is thereby made impractical or impossible, the witness may choose which subpoena to honor. There is no established priority between subpoenas that would give one preference over the other based either on jurisdiction or the time or method of service. Cited herein: K.S.A. 1993 Supp. 60-245; K.S.A. 22-3214; Fed. R. Civ. P. 45; Fed. R. Crim. P. 17.
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. 1994-033 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. 1994-084 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. 1991-161 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1991-161 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: The distribution of powers by a state constitution among the governmental departments is a question for the state itself. Under the Kansas constitution, the functions of parole and probation may be conferred upon either the executive or judicial branch of government. Those powers conferred upon the secretary of corrections by the community corrections act are executive or administrative in nature and may not be transferred to or exercised by the judiciary. Cited herein: K.S.A. 21-4601; K.S.A. 1990 Supp. 21-4603, as amended by L. 1991, ch. 89, section 4; K.S.A. 21-4611; 22-3707; 75-5290; 75-5291; 75-5292; 75-5294; 75-5296; 75-52,103; 75-52,105; 75-52,110; K.S.A. 1990 Supp. 75-52,111; 75-52,114; Kan. Const., Art. 1, sections 1, 7; Kan. Const., Art. 3, section 1.
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. 1994-118 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. 1994-004 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1994-004 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: Moneys in local special law enforcement trust funds or the state special asset forfeiture fund may be used to provide matching funds to obtain federal grants for law enforcement purposes, as long as such use does not replace or reduce amounts previously budgeted or appropriated by the local or state government for that purpose. Cited herein: K.S.A. 65-4173.
