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Attorney General Opinion No 1996 069
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Book Synopsis Attorney General Opinion No. 1996-069 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1996-069 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A sheriff is required to transport prisoners that are housed within the county jail to medical appointments. However, a county resolution that transfers the operation of a jail from the sheriff to a county department of corrections may remove that responsibility from the sheriff. Furthermore, pursuant to its home rule powers, a county may create the position of transport officer in a county department of corrections. Such transport officer may carry a concealed weapon while acting within the scope of his or her authority. If the officer's sole function is to transport prisoners then the officer may not be subject to the certification requirement of the Kansas law enforcement training act. Cited herein: K.S.A. 19-101a, as amended by L. 1996, ch. 68, section 2; K.S.A. 19-212; 19-811; 21-3110; K.S.A. 21-4201, as amended by L. 1996, ch. 149, section 4; K.S.A. 1995 Supp. 74-5602.
Book Synopsis Attorney General Opinion No. 1997-069 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1997-069 written by Carla J. Stovall and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 1996 Supp. 8-1567a, making it unlawful for anyone less than 21 years of age to operate or attempt to operate a vehicle with a breath or blood alcohol content of .02 or greater, but less than .08, provides for a civil rather than a criminal proceeding for determining violation of its provisions. The only penalty for such violations is suspension of the individual's driver's license. The statute must be read in conjunction with K.S.A. 1996 Supp. 8-1001 and 8-1002 to determine the proceedings to be followed for notice, certification and hearing. The proceeding is administrative in nature and is to be conducted by the Division of Motor Vehicles. Nevertheless, the Division must file abstracts of court records of "convictions" based on violations of K.S.A. 1996 Supp. 8-1567a rather than substituting its judgment for that of the Court in determining the propriety of the Court's proceedings. Cited herein: K.S.A. 8-249; 8-286 (Furse 1991); K.S.A. 1996 Supp. 8-1001; 8-1002; 8-1014; 8-1567; 8-1567a; 21-3105; 23 U.S.C.A. section161; 23 C.F.R. section 1210.4.
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. 1996-030 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1996-030 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Kansas Supreme Court has the inherent power to prescribe conditions for admission to the bar and to regulate and control the practice of law. While there are statutes that relate to the practice of law, such statutes are effective only when in accord with the inherent power of the judiciary. Both K.S.A. 44-536(a) and rule 1.5(d) of the Kansas model rules of professional conduct adopted by Supreme Court rule 226 deal with how attorney fees in contingent fee cases are calculated. Because both the court's rule and the statute are intended to achieve the same goal, the legislation does not have a deleterious impact on the court's function. For this reason, K.S.A. 44-536(a) does not amount to a usurpation of power in contravention of the separation of powers doctrine and therefore is a statutory enactment which the court would sanction as in accord with the court's inherent power to regulate and control the practice of law. Cited Herein: K.S.A. 7-103; 7-104; 7-106; 7-108; 7-109; 7-111; K.S.A. 1995 Supp. 7-121b; K.S.A. 44-510c; 44-521; 44-531; 44-536.
Book Synopsis Attorney General Opinion No. 1995-069 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1995-069 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 term employee in K.S.A. 71-1403 is defined to include those persons whose service to the community college is subject to the control and direction of the community college, provided such control and direction includes directing the manner in which the services are performed, regardless whether the person receives compensation from the community college. The prohibition against an employee of a community college serving as a member of the board of trustees does not violate the free speech and equal protection clauses of the United States and Kansas constitutions. Cited herein: K.S.A. 25-1903; 71-1401; 71-1403; 72-6913 (repealed); L. 1990, ch. 252, section 6; L. 1967, ch. 407, section 3; L. 1965, ch. 417, section 13; Kan. const., bill of rights, secs. 1, 11; U.S. const., amends. I, XIV.
Book Synopsis Attorney General Opinion No. 1996-001 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1996-001 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Government imposed content-based restrictions on speech are generally impermissible under the first amendment. However, a carefully crafted racial and sexual discrimination and harassment policy that is directed at conduct violative of title VI, title VII or title IX may indirectly regulate speech that is "swept up incidentally within" the policy's reach. Cited herein: 20 U.S.C.A. section 1681; 42 U.S.C.A. sections 2000d, 2000e; 29 C.F.R. section 1604.11.
Book Synopsis Attorney General Opinion No. 1996-036 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1996-036 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A unified school district may not enter into a contract the provisions of which require the unified school district to incur liability greater than that established under the Kansas tort claims act, K.S.A. 75-6101 et seq., or which require the unified school district to secure payment of its obligations in any manner other than those set forth in state statute. Cited herein: K.S.A. 60-1111; 72-8201; 72-8416; 75-6101; 75-6103; K.S.A. 1995 Supp. 75-6104; K.S.A. 75-6111; 75-6401; 75-6402; 75-6403; L. 1979, ch. 186, sections 1-15.
Book Synopsis Attorney General Opinion No. 1994-069 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1994-069 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 real estate ratio study provided for by K.S.A. 1993 Supp. 79-1485 et seq. may be used as evidence of fair market value but such evidence, standing alone, is not conclusive; all the factors listed in K.S.A. 1993 Supp. 79-503a must be considered in arriving at fair market value. Adjustments to sales prices in the ratio study should not be made for real estate sales and brokerage commissions except when the buyer agrees to pay such commissions. Cited herein: K.S.A. 1993 Supp. 79-503a; 79-1439; 79-1460; 79-1476; 79-1485; 79-1435 (Ensley 1989).
Book Synopsis Attorney General Opinion No. 1988-069 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1988-069 written by Robert T. Stephan and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: If a corporation is a creditor of a party owning agricultural land, the corporation may acquire the land by the debtor's voluntary surrender of title if the land is subject to a lien or claim of the corporation. If a debt does not involve a lien or claim on the land, then collection of the debt by voluntary surrender of title may not be used to vest title in the corporation. Cited herein: K.S.A. 1987 Supp. 17-5904.
Book Synopsis Attorney General Opinion No. 1996-025 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1996-025 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: As a matter of law, a person who is not a "public employee" as defined by K.S.A. 75-4322(a) does not qualify as a representative of public employees for purposes of the act establishing the requirements for appointment to the public employee relations board. However, whether an individual appointed to the board is excluded from the definition of "public employee" as defined by K.S.A. 75-4322(a) is an issue of fact. An individual presently employed as director of human resources or personnel manager for a state agency is not necessarily excluded from the definition of "public employee" as a matter of law for purposes of the public employer-employee relations act. The appointee's status as a supervisory employee, a confidential employee, or a management official depends upon the particular duties and functions associated with the job rather than the position title or classification, and the issue is properly resolved on a case-by-case examination of the relevant facts and circumstances. The factual determination whether an appointee meets the statutory requirements for a particular position properly rests with the senate when the appointment is subject to senate confirmation. Cited herein: Kan. const., art. 2, section 18, art. 15, section 1; K.S.A. 75-4315b; 75-4321; 75-4322; K.S.A. 1995 Supp. 75-4323; K.S.A. 75-4324; 75-4333; 75-4334; 29 U.S.C. section 152(11).
Book Synopsis Attorney General Opinion No. 1987-069 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-069 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The terms "employer," "employee" and "employ" are construed broadly under the Fair Labor Standards Act. The United States Department of Labor's determination that an individual is an employee of both the City of Norwich and the Kingman County Sheriff's Office is reasonable under the circumstances and should be observed. Cited herein: 29 U.S.C. sections 203, 207, 213; 29 C.F.R. sections 553.9, 553.200, 791.2.
Book Synopsis Attorney General Opinion No. 1989-069 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-069 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A regional system of cooperating libraries may levy in a county within its boundaries due to the participation of a school district library located in the county. Territory of the county may be excluded from the system, and thus the tax, pursuant to K.S.A. 75-2550. Cited herein: K.S.A. 75-2548; 75-2549b; 75-2550; 75-2551.
Book Synopsis Attorney General Opinion No. 1996-020 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1996-020 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Jefferson county board of county commissioners is not obligated to reimburse fire district no. 11 with its proportionate share of county general funds budgeted for ambulance service. Cited herein: K.S.A. 19-261 (repealed L. 1988, ch. 261); 65-6113.
Book Synopsis Attorney General Opinion No. 1991-069 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1991-069 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: Pursuant to federal regulation, a unified school district is required to identify friable and nonfriable asbestos containing material (ACM) in buildings the school district leases, owns, or otherwise uses as school buildings. The school district has the option of removing, encapsulating, or enclosing ACM, such election being partially dependent on the condition of the ACM. If ACM has been placed within a school building as building material, the school district is not liable under CERCCA for costs incurred by a future party-in-interest in removing the ACM from the building. Cited herein: 15 U.S.C. section 2601; 33 U.S.C. sections 1251, 1317; 42 U.S.C. sections 6901; 7401, 7412, 9601, 9607; 40 C.F.R. sections 763.80; 763.83; 763.85; 763.90.
Book Synopsis Attorney General Opinion No. 1996-034 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1996-034 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Licensed medical practitioners and a licensed hospital may organize as a limited liability company pursuant to K.S.A. 17-760l et seq. Consistent with K.S.A. 17-7604 (q) and Kansas case law, the limited liability company may contract with other medical practitioners to provide health care services. Cited herein: K.S.A. 17-2708; 17-2710; 17-7602; 17-7603; 17-7604;17-7620; 17-7631; K.S.A. 1995 Supp. 40-3401; 65-425; K.S.A. 65-429; 65-442; 65-2801.
Book Synopsis Attorney General Opinion No. 1996-077 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1996-077 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 1995 Supp. 45-217 excludes judges of the district court from the definition of public agency. Judges' telephone records do not become public records merely because the telephone system is maintained by another branch of government. Cited herein: K.S.A. 1995 Supp. 45-217; 75-4709.
Book Synopsis Attorney General Opinion No. 1996-075 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1996-075 written by Carla J. Stovall and published by . This book was released on 1996 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A pupil attending a private school does not possess a property interest in the yearly provision, free of charge, of auxiliary school services as enunciated under K.S.A. 72-5393. Amending the statute as proposed in 1996 senate bill no. 636 would not violate the due process clause of the fourteenth amendment to the United States constitution. Cited herein: K.S.A. 72-5392; 72-5393; 1996 senate bill no. 636; 20 U.S.C. section 1400; U.S. const., amend. XIV.
