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Attorney General Opinion No 1999 065
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Book Synopsis Attorney General Opinion No. 1999-065 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1999-065 written by Carla J. Stovall and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Absent a protest petition and referendum, a charter ordinance is effective sixty days after its final publication regardless whether a certified copy is filed with the Secretary of State. Cited herein: K.S.A. 15-201; Kan. Const., Art. 12, section 15.
Book Synopsis Attorney General Opinion No. 1999-065 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1999-065 written by Carla J. Stovall and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Absent a protest petition and referendum, a charter ordinance is effective sixty days after its final publication regardless whether a certified copy is filed with the Secretary of State. Cited herein: K.S.A. 15-201; Kan. Const., Art. 12, section 15.
Book Synopsis Attorney General Opinion No. 1999-025 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1999-025 written by Carla J. Stovall and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Proposed 1999 Substitute for Senate Bill No. 80 would create an external review process conducted by qualified and credentialed health care providers to review an adverse decision against a consumer by an insurer under a health insurance plan. The judicial review provisions of the proposed legislation treat the insurer and the insured equally and thus do not offend the Equal Protection Clause or the Due Process Clause of the Fourteenth Amendment to the United States Constitution. Cited herein: U.S. Const., 14th Amend.
Book Synopsis Attorney General Opinion No. 1987-065 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-065 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: Under the provisions of Article 3, section 5 of the Kansas Constitution, no member of the Supreme Court Nominating Commission shall, while he or she is a member, hold any other "public office" by appointment. The term "public office" refers to the common-law concept of a public office, and except where the office of city attorney has been stripped of all prosecutorial and other sovereign power (through the exercise of home rule powers), a city attorney holds a public office. Cited herein: Kan. Const., Article 3, section 5.
Book Synopsis Attorney General Opinion No. 1999-016 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1999-016 written by Carla J. Stovall and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Use of the terms "expressly advocate the nomination, election or defeat of a clearly identified candidate" and "equal access" in 1999 Senate Bill No. 283 does not render the bill unconstitutionally vague. Cited herein: K.S.A. 25-4142; K.S.A. 1998 Supp. 25-4143; 25-4169a; 1999 S.B. 283; U.S. Const., Amend. I.
Book Synopsis Attorney General Opinion No. 1990-065 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1990-065 written by Robert T. Stephan and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to K.S.A. 1989 Supp. 74-7312(a), 74-7301(d) and 74-7305(c)(1), the state should be subrogated to the victim's receipt of restitution to the extent of the victim's award from the crime victims compensation board. Cited herein: K.S.A. 21-4610; K.S.A. 1989 Supp. 74-7301; 74-7305; 74-7312.
Book Synopsis Attorney General Opinion No. 1999-050 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1999-050 written by Carla J. Stovall and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A law enforcement officer has no authority to stop a person and make inquiry concerning a possible violation of a regulation of a private homes association unless the officer suspects that such individual has violated or is about to violate a state law or a municipal ordinance. Cited herein: K.S.A. 22-2402; U.S. Const., Amend. XIV.
Book Synopsis Attorney General Opinion No. 1999-048 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1999-048 written by Carla J. Stovall and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Documents related to an investigation conducted by an attorney for his or her client in order to provide legal advice to the client, may be closed under the Kansas Open Records Act because they are protected by the attorney-client privilege. Cited herein: K.S.A. 1998 Supp. 45-217; K.S.A. 1998 Supp. 45-221; 60-226; K.S.A. 60-426.
Book Synopsis Attorney General Opinion No. 1999-023 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1999-023 written by Carla J. Stovall and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 1998 Supp. 25-308 does not limit primary election objections to candidates. Cited herein: K.S.A. 1998 Supp. 25-308; K.S.A. 25-1435; 25-1436.
Book Synopsis Attorney General Opinion No. 1999-043 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1999-043 written by Carla J. Stovall and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A resolution enacted by the City of Newton that does nothing more than express a concern for the safety of the City's water resources and describe certain actions that the governing body may take in the future to protect the City's environment is not void on the grounds of vagueness and, therefore, does not offend the Due Process requirements of the 5th and 14th Amendments to the United States Constitution. Cited herein: U.S. Const., Amend. V and XIV.
Book Synopsis Attorney General Opinion No. 1999-014 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1999-014 written by Carla J. Stovall and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In order to ensure that a unified school district remains within the authority conferred under K.S.A. 1998 Supp. 72-5395, it is advisable that the school district have in place some mechanism or procedure for establishing the penalty incurred under the Federal Insurance Contributions Act (FICA) or the Kansas Public Employees Retirement System (KPERS) by an employee who retires before the normal retirement age of 65 years. However, the existence of such a mechanism is not statutorily required. The fact that the early retirement incentive plan of a unified school district does not have such a mechanism in place does not, in and of itself, invalidate the plan. A person is deemed to reach "retirement age" when the person turns 65 years of age. While a person is entitled to receive a monthly old-age insurance benefit upon attaining the age of 62, the amount of the monthly benefit is reduced pursuant to a formula enacted by Congress. This reduction is the "penalty" referred to in K.S.A. 1998 Supp. 72-5395. The authority of the school district is limited to establishing an early retirement incentive program which reduces in whole or in part the penalty incurred under FICA or KPERS for retiring before the normal retirement age. A school district exceeds its statutory authority if it confers a benefit under an early retirement incentive program to an employee who has not incurred a penalty under FICA or KPERS for retiring early. An early retirement incentive plan which provides benefits on a sliding scale based solely on the age of the plan participants, resulting in a reduction of the benefits available to older plan participants, violates the Age Discrimination in Employment Act as amended by the Older Workers' Benefit Protection Act of 1990. Cited herein: K.S.A. 1998 Supp. 72-5395; 29 U.S.C.A. section 621; 29 U.S.C.A. section 623; 42 U.S.C.A. section 402; 42 U.S.C.A. section 415; 42 U.S.C.A. section 416; Pub. L. 101-433, 104 Stat. 978 (1990).
Book Synopsis Attorney General Opinion No. 1999-009 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1999-009 written by Carla J. Stovall and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A third party acting in a contractual capacity with a swine facility operator may provide financial assurance on behalf of the operator to cover the cost of closure of the swine facility or lagoon if the operator provides evidence satisfactory to the Kansas Department of Health and Environment (KDHE) that those closure costs will be accessible to the KDHE when needed. K.A.R. 28-18a-23 and 28-18a-24 set forth mechanisms to demonstrate financial assurance. Which mechanism is appropriate will depend on the particular circumstances of each facility and the parties involved. Although the regulations provide for self-insurance, self-insurance by a third party should only be allowed if the operator demonstrates to the satisfaction of the KDHE that adequate funds will be legally available and accessible to the KDHE in the event of closure. Cited herein: K.S.A. 1998 Supp. 65-1,179; 65-1,181; 65-1,182; 65-1,189; 65-1,190; K.A.R. 28-18a-23; 28-18a-24.
Book Synopsis Attorney General Opinion No. 1999-016 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1999-016 written by Carla J. Stovall and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Use of the terms "expressly advocate the nomination, election or defeat of a clearly identified candidate" and "equal access" in 1999 Senate Bill No. 283 does not render the bill unconstitutionally vague. Cited herein: K.S.A. 25-4142; K.S.A. 1998 Supp. 25-4143; 25-4169a; 1999 S.B. 283; U.S. Const., Amend. I.
Book Synopsis Attorney General Opinion No. 1999-028 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1999-028 written by Carla J. Stovall and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Sheriffs are empowered by K.S.A. 19-805 to appoint deputies for particular purposes. Thus, sheriffs have statutory authority to deputize tribal law enforcement officers to enforce state law within the parameters set by the sheriff. Generally a sheriff is liable for official acts of the sheriff's deputies. However, tribes may agree to waive their immunity for purposes of indemnifying the county or sheriff for any liability incurred as a result of negligent acts of deputized tribal law enforcement officers while acting in an official capacity on behalf of the sheriff. The mechanism for enforcing such an agreement will depend on the terms of the agreement. Cited herein: K.S.A. 19-805; 19-805a; 74-2113; 74-5602; K.S.A. 1998 Supp. 74-9804(c); K.S.A. 75-711; 75-6101; 42 U.S.C. section 1983.
Book Synopsis Attorney General Opinion No. 1999-038 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1999-038 written by Carla J. Stovall and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: By referring to "such office" in K.S.A. 25-4325, the Legislature intended that the number of signatures required on a petition seeking the recall of a local elected official be based on a percentage of the number of votes cast in the last general election at which an officer was elected from the same member district from which the officer sought to be recalled was elected. In the case of a petition seeking the recall of a city commissioner who was elected at-large in the 1997 general election, the petition must contain signatures equal in number to not less than 40% of the votes cast at the 1999 general election for all at-large candidates for city commissioner divided by the number of persons elected in the 1999 general election to the office of city commissioner for at-large districts. Cited herein: K.S.A. 25-4301; 25-4318; 25-4325; 71-1407; 72-8009; Kan. Const., Art. 4, section 3; L. 1976, Ch. 177, sections 5, 7; L. 1976, Ch. 178, sections 25, 32; L. 1913, Ch. 336, section 1.
Book Synopsis Attorney General Opinion No. 1999-061 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1999-061 written by Carla J. Stovall and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Absent statutory authority, a court order assessing attorney fees in a child-in-need-of-care action is not a civil judgment that can be enforced by garnishment. Moreover, such order cannot be enforced as a civil judgment unless the Legislature so authorizes. Cited herein: K.S.A. 1998 Supp. 22-4513; 38-1511; K.S.A. 38-1593; 60-714; 60-716.
Book Synopsis Attorney General Opinion No. 1999-049 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1999-049 written by Carla J. Stovall and published by . This book was released on 1999 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Property specifically dedicated for public use is for the enjoyment of the public at large, not for one person or a limited number of persons, or for the exclusive use of restricted groups of individuals. Such public use does not include housing the offices of private organizations that provide services to only some members of the general public. However, there may be instances where a private non-profit organization desires to use a public building located on a public square in such a manner that its use is for the general public rather than for the organization's members or some other restricted group of individuals, and such use would be permissible. Cited herein: K.S.A. 12-401; 12-406; 12-406a.
