Attorney General Opinion No 1992 158

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Attorney General Opinion No. 1992-158

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (798 download)

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Book Synopsis Attorney General Opinion No. 1992-158 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1992-158 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The county attorney is not bound by the county's personnel policies and procedures, the county pay plan, or any applicable collective bargaining agreement as they apply to personnel actions. Furthermore, the county commissioners have authority to set the county attorney's budget. However, once they have set the budget, the county attorney can spend this money as he or she sees fit as long as it is within the amount allotted either generally or through a line item budget by the board of county commissioners. Cited herein: K.S.A. 19-212; 19-229; 19-701; 19-706.

Attorney General Opinion No. 1992-151

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (81 download)

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Book Synopsis Attorney General Opinion No. 1992-151 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1992-151 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on I̲n̲ ̲r̲e̲ ̲A̲p̲p̲l̲i̲c̲a̲t̲i̲o̲n̲ ̲o̲f̲ ̲N̲o̲e̲l̲ ̲f̲o̲r̲ ̲D̲i̲s̲c̲h̲a̲r̲g̲e̲ ̲H̲e̲a̲r̲i̲n̲g̲, 17 Kan. App. 2d 303 (1992), it is our opinion that K.S.A. 1991 Supp. 22-3428(3), as amended, and K.S.A. 1991 Supp. 22-3428a(3), which are used to determine the need for continued commitment of insanity acquittees, violate the due process and equal protection clauses of the 14th amendment by not placing the burden of proof upon the state to show by clear and convincing evidence both the committed person's continued insanity and dangerousness. However, rather than striking the statutes down, the Court of Appeals engrafted the essential requirements onto the statutes. Cited herein: K.S.A. 1991 Supp. 22-3428, as amended by L. 1992, ch. 309, section 3; 22-3428a.

Attorney General Opinion No. 1992-137

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (81 download)

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Book Synopsis Attorney General Opinion No. 1992-137 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1992-137 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The provisions of the student publications act, L.1992, ch. 5, sections 1, 2, 3, are not applicable to community colleges. Cited herein: L. 1992, ch. 5, sections 1, 2, 3; U.S. Const., Amend. I.

Attorney General Opinion No. 1992-083A

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (798 download)

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Book Synopsis Attorney General Opinion No. 1992-083A by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1992-083A written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The sheriff of the county where the action is filed is responsible for the service of process by certified mail. Attorney General Opinion No. 92-83 is accordingly revised. Cited herein: L. 1992, ch. 290.

Attorney General Opinion No. 1992-100

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (798 download)

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Book Synopsis Attorney General Opinion No. 1992-100 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1992-100 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A trust company's powers do not include the authority to branch. Cited herein: K.S.A. 9-801; 9-901; 9-1111, as amended by L. 1992, ch. 61, section 1; 9-1801; 9-2103.

Attorney General Opinion No. 1992-119

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (798 download)

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Book Synopsis Attorney General Opinion No. 1992-119 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1992-119 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The legislature has effectively placed a moratorium during that period running from the first Wednesday following the first Tuesday in December of even-numbered years to the Tuesday immediately preceding the first Wednesday in April of odd-numbered years on elections regarding a change in the method of election or voting plan for members of a board of education. Because Tuesday, April 6, 1993, falls within that period of time subject to the moratorium, no election regarding a change in the method of election or voting plan for members of a board of education may be conducted on April 6, 1992. The provisions of K.S.A. 72-8004 are mandatory. If, in order to meet federal requirements, proposed member districts cannot be drawn so as to comply with the conditions set forth in K.S.A. 72-8004, a change in the method of election or voting plan may not be made. Cited herein: K.S.A. 72-8001; 72-8004; 72-8005; 72-8008; 72-8009; 42 U.S.C. section 1971.

Attorney General Opinion No. 1992-015

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (798 download)

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Book Synopsis Attorney General Opinion No. 1992-015 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1992-015 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The use of the word "shall" in a statute which specifies a set number of meetings per year is directory not mandatory if that statute does not provide consequences for non-compliance. Members of the advisory commission on health and environment should be compensated with subsistence allowances, and reimbursement for mileage and other actual and necessary expenses for attending commission meetings. Cited herein: K.S.A. 75-3223; 75-5656.

Attorney General Opinion No. 1992-022

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (798 download)

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Book Synopsis Attorney General Opinion No. 1992-022 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1992-022 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to K.S.A. 8-237 the chief law enforcement officer of a local unit of government can only recommend to the division of vehicles if an applicant should be issued a driver's license. The final decision rests with the division of vehicles. Cities and counties are not able to use their home rule powers to deny licenses to persons under the age of 16 years if the statute is uniformly applicable and does not grant such authority. Allowing the raising of the driving age to 16 years, in some counties but not others, will not violate an individual's constitutional right to equal protection. Cited herein: K.S.A. 8-237, Kan. Const., Art. 12, section 5.

Attorney General Opinion No. 1992-105

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
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Book Synopsis Attorney General Opinion No. 1992-105 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1992-105 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: An attempt by a board of education and a professional employees' organization to ratify amendments to the contracts of employment of professional employees without submitting the amendments to a vote of the professional employees pursuant to K.S.A. 72-5421 would conflict with the purposes of professional negotiation recognized by the legislature. Any provisions of an agreement conferring such authority upon a board of education and a professional employees' organization would be void and unenforceable. Cited herein: K.S.A. 72-5411, as amended by L. 1992, ch. 20, section 1; K.S.A. 1991 Supp. 72-5412; 72-5413; K.S.A. 72-5414; 72-5421; K.S.A. 1991 Supp. 72-5423; K.S.A. 72-5424; 72-5437, as amended by L. 1992, ch. 20, section 2.

Attorney General Opinion No. 1992-120

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (798 download)

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Book Synopsis Attorney General Opinion No. 1992-120 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1992-120 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 12-1019 authorizes a petition seeking to bring to an election a question regarding a change in the form of government for a city. K.S.A. 1991 Supp. 25-3601, as amended by L. 1992, ch. 194, section 2, establishes in part the requirements for such petition. The amendment adopted in L. 1992, ch. 194, section 2 is merely procedural in nature, and therefore may be applied retrospectively to petitions being circulated prior to April 30, 1992, the effective date of the amendment. A petition drafted on March 31, 1992, should, prior to its circulation, be submitted to the county attorney for an opinion regarding the legality of the form of the question unless such retrospective application of the requirement results in a manifest injustice. Cited herein: K.S.A. 12-184; 12-1019; K.S.A. 1991 Supp. 25-3601, as amended by L. 1992, ch. 194, section 2; U.S. Const., art. 1, section 10.

Attorney General Opinion No. 1991-158

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (88 download)

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Book Synopsis Attorney General Opinion No. 1991-158 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1991-158 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: It is our opinion that pursuant to K.S.A. 1990 Supp. 46-1114(c)(1), 26 U.S.C.A. sections 25 e̲t̲ s̲e̲q̲. 26 C.F.R. sections 1.25-1T e̲t̲ s̲e̲q̲. and K.S.A. 1990 Supp. 74-5058 e̲t̲ s̲e̲q̲., post audit should be given access to the records in question unless federal or state law concerning confidentiality of income tax returns prohibits post audit access. These records concern the mortgage credit certificate program which is being implemented and administered by a private entity on behalf of and pursuant to contracts with Kansas counties. Records obtained by post audit remain subject to any duty of confidentiality imposed by law. Cited herein: K.S.A. 1-401; 12-2901; K.S.A. 1990 Supp. 12-2904; K.S.A. 19-101; 45-215; 45-217; K.S.A. 1990 Supp. 45-221, as amended by L. 1991, ch. 149, section 12; K.S.A. 46-1101; K.S.A. 1990 Supp. 46-1106; 46-1108; 46-1114; K.S.A. 46-1115; 46-1116; K.S.A. 1990 Supp. 74-5058; 74-5060; 74-5061; K.S.A. 77-201, as amended by L. 1991, ch. 33, section 37; K.S.A. 79-3234; 26 U.S.C.A. sections 25; 26 U.S.C.A. section 6103; 26 C.F.R. sections 1.25-1T, 1.25 - 3T, 1.25-4T.

Attorney General Opinion No. 1992-130

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (798 download)

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Book Synopsis Attorney General Opinion No. 1992-130 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1992-130 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A county official charged with official misconduct cannot be reimbursed by the county for attorneys fees associated with the defense of those charges. If not charged with official misconduct, and if the crime charged was committed while discharging official duties in good faith or for the public benefit, the official may be reimbursed at the county's discretion. Cited herein: K.S.A. 75-6101.

Attorney General Opinion No. 1992-074

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (798 download)

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Book Synopsis Attorney General Opinion No. 1992-074 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1992-074 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: As it appears no compelling governmental interest is served by the durational residence requirement set forth in K.S.A. 76-1908(b), the requirement results in a violation of the equal protection clause and is therefore unconstitutional. Cited herein: K.S.A. 76-1902b; 76-1908; L. 1889, ch. 235, section 11; U.S. Const., art. I, section 8; U.S. Const., art. IV, section 2; U.S. Const., Amend. XIV.

Attorney General Opinion No. 1992-128

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (798 download)

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Book Synopsis Attorney General Opinion No. 1992-128 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1992-128 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to K.S.A. 1991 Supp. 74-4960, as amended by L. 1992, ch. 321, section 14, and 74-4960a, as amended by L. 1992, ch. 321, section 15, the Kansas public employees retirement system (KPERS) is obligated to make payment of the 10% benefit due a minor child of a disabled member of the Kansas police and firemen's retirement system (KP & F) only to a legally appointed conservator. It is necessary, therefore, that a conservator be appointed for each minor child of the member's family. Unless the divorce decree provides otherwise, a member of KP & F who is making child support payments pursuant to a divorce decree is entitled to credit toward those payments the amount of the 10% benefit paid by KPERS to the conservator of the minor child. If the 10% benefit exceeds the amount owed pursuant to the divorce decree, the excess will be considered a gratuity under the divorce decree. If the court determines that payment of the 10% benefit to a conservator somehow results in a material change in circumstances, the court may modify the order fixing child support. Cited herein: K.S.A. 20-165, as amended by L. 1992, ch. 312, section 1; K.S.A. 1991 Supp. 59-3004; 60-1610, as amended by L. 1992, ch. 273, section 2; 74-4916, as amended by L. 1992, ch. 321, section 8; 74-4927h; 74-4959, as amended by L. 1992, ch. 321, section 13; K.S.A. 74-4960, as amended by L. 1992, ch. 321, section 14; 74-4960a, as amended by L. 1992, ch. 321, section 15.

Attorney General Opinion No. 1992-073

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (798 download)

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Book Synopsis Attorney General Opinion No. 1992-073 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1992-073 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Simply stated, the public purpose doctrine permits the spending of public funds only for public purposes. A benefit to specific individuals does not necessarily deprive the expenditure of its public character if the benefit is incidental to the primary purpose of promoting the public welfare. In our opinion, the cost-share program that provides public monies to assist landowners in plugging their abandoned wells serves the public welfare. The program was implemented in response to the federal water pollution control act (commonly referred to as the clean water act) to expeditiously restore and maintain the biological integrity of the nation's waters. Cited herein: K.S.A. 1991 Supp. 65-101; 65-164; K.S.A. 65-171a; 75-5657; 82a-1213; 82a-1214; 33 U.S.C. sections 1251, 1329, 1362.

Attorney General Opinion No. 1992-153

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (81 download)

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Book Synopsis Attorney General Opinion No. 1992-153 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1992-153 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The general rule for payment of compromises, settlements and final judgments from the Kansas tort claims fund is that to the extent that payment cannot be made from insurance coverage obtained therefore, payment is made from the fund. An exception to that general rule is made for payment of compromises, settlements and final judgments arising from specified types of claims made against charitable health care providers. Accordingly, the Kansas tort claims fund is responsible as a "first payor" for a compromise, settlement or final judgment whether or not such charitable health care provider has other insurance coverage. Cited herein: K.S.A. 75-6101; K.S.A. 1991 Supp. 65-226; 75-6117.

Attorney General Opinion No. 1992-016

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (798 download)

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Book Synopsis Attorney General Opinion No. 1992-016 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1992-016 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: As used within the statute which sets qualifications for the position of secretary of Wildlife and Park, the term "education" refers, at a minimum, to some measure of instruction received at a school or college in wildlife, parks or natural resources or a related field. Cited herein: K.S.A. 1991 Supp. 32-801.