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Attorney General Opinion No 1996 056
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Book Synopsis Attorney General Opinion No. 1996-056 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1996-056 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 governor and the secretary of state acting in concert have the power and authority to delay the deadline for filing nomination petitions and declarations of intention to become a candidate for purposes of filling a vacancy occurring in the United States senate when notice of the vacancy is given with sufficient time to prepare for utilization of the primary procedure, but the effective date of the resignation creating the vacancy falls after the filing deadline prescribed by statute. Cited herein: K.S.A. 25-202; 25-204; 25-205; 25-220, repealed L. 1972, ch. 131, section 11; 25-318; 25-3905; 25-3906; U.S. const., amend XVII.
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. 1997-056 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1997-056 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. 19-4605 precludes submitting to the electorate of a county more than once in any one calendar year a question regarding a change in the manner of selection of the members of a hospital board. Cited herein: K.S.A. 19-4601; 19-4605; K.S.A. 1996 Supp. 77-201.
Book Synopsis Attorney General Opinion No. 1976-056 by : Curt Thomas Schneider
Download or read book Attorney General Opinion No. 1976-056 written by Curt Thomas Schneider and published by . This book was released on 1976 with total page 5 pages. Available in PDF, EPUB and Kindle. Book excerpt: Section 1 of H.B. 2731 may affect the ability of certain associational organizations of persons joined together for common purposes of political expression and communication to serve the purposes for which they were organized, and if so, the procedural requirements of the section may be open to the most serious constitutional First Amendment objections.
Book Synopsis Attorney General Opinion No. 1996-026 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1996-026 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 citizen has a constitutionally protected right to participate in elections on an equal basis with other citizens in the jurisdiction. In order to ensure exercise of this right, state statute and the national voter registration act require that sites designated as places of registration be open to the public at large. Designation of sites which are not open to the public at large may result in legal action against the public entity responsible for the operation of the place of registration. Cited herein: KS. A. 25-2302; 25-2303; 25-2309; 252310; 25-2311; 25-2312; 25-2313; 42 U.S.C.A. section 1973gg; 42 U.S.C.A. section 1973gg-5; 42 U.S.C.A. section 1973gg-9.
Book Synopsis Attorney General Opinion No. 1996-058 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1996-058 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: Because section 11(d) of 1996 senate bill no. 585 provides for a substantive rather than a procedural or remedial change, and in the absence of legislative intent that it operate retroactively, in our opinion it should be applied prospectively to felony drug offenses committed after July 1, 1996 and not retroactively to felony drug offenses committed on or after July 1, 1993 but before July 1, 1996 even if the sentencing occurs after July 1, 1996. Cited herein: K.S.A. 21-4705, as amended by 1996 SB 585.
Book Synopsis Attorney General Opinion No. 1996-057 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1996-057 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. 64-101 sets forth criteria for newspapers in which legal notices, advertisements, and publications required by state law may be published. Subsection (a)(2) of K.S.A. 64-101 provides that eligible newspapers be entered at the post office of publication as second class mail matter. Newspapers which, after July 1, 1996, are entered at the post office as periodicals meet the standards required by the legislature when it enacted the provision. Therefore, newspapers entered at the post office as periodicals are deemed to comply with subsection (a)(2) of K.S.A. 64-101. Cited herein: K.S.A. 12-1651; 64-101; L. 1935, ch. 236, section 1; 39 C.F.R. section 30011.68.
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. 1994-056 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. 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.
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. 1996-022 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1996-022 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 city may regulate the size and spacing of signs and billboards located on private property. Such regulation may not conflict with 12 U.S.C. section 131 and K.S.A. 68-2231 et seq., however, both laws recognize a city's regulatory authority over the erection, maintenance, size, spacing and lighting of signs in commercial and industrial areas. Cited herein: K.S.A. 68-2231; 68-2233; 68-2234; 23 U.S.C. section 131.
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. 1993-056 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1993-056 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: K.S.A. 75-2566(b) requires each state agency to deposit with the state library copies of any publication issued by that state agency. In that the historical journal and the newsletter of the state historical society are printed and published by a private printer, for distribution to members of the Kansas State Historical Society, Inc., the journal and newsletter are not required to be deposited with the state library at the state historical society's expense. Cited herein: K.S.A. 1992 Supp. 75-1023; K.S.A. 75-2565; 75-2566; 75-2702.
Book Synopsis Attorney General Opinion No. 1996-035 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1996-035 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: Substitute for senate bill no. 388 which contains provisions for a special layoff benefit package available only to certain state hospital employees does not violate the equal protection clause of the fourteenth amendment to the United States constitution because the classification is rationally related to the legitimate state objective of ensuring that the patients of certain state hospital facilities are not deprived of consistent and adequate care. Cited herein: U.S. Const., amend. XIV; substitute for 1996 senate bill no. 388.
Book Synopsis Attorney General Opinion No. 1987-056 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-056 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: Acquiring and constructing certain municipal improvements, to be paid for in whole or in part by special assessments upon property benefited by such improvements, is a valid exercise of the City of Lenexa's constitutional powers of home rule as provided in Article 12, Section 5 of the Kansas Constitution. Special assessments levied under the home rule ordinance and payable in installments may be paid by issuing special or limited obligation bonds of the city payable solely from such special assessments. K.S.A. 12-6a01 e̲t̲ s̲e̲q̲., which also permits cities to acquire and construct municipal improvements, the costs of which may be paid (in whole or in part) by special assessments on benefited property, and which authorizes a city to issue bonds which are general obligations of the the city, does not address a city's authority to issue special obligation bonds payable solely from special assessments. Thus, K.S.A. 12-6a01 e̲t̲ s̲e̲q̲., while it addresses a similar subject and provides an alternative methodology, does not preclude nor preempt the utilization of home rule powers proposed by the City of Lenexa. Special obligation bonds issued pursuant to the home rule ordinance would not be subject to statutory aggregate debt limitations applicable to the city because such bonds are not a pledge of the city's faith and credit nor of its general power to levy ad valorem taxes. While the home rule amendment states that cities shall be subject to enactments of the legislature prescribing limits of indebtedness this limitation does not make those bonds issued by a city pursuant to home rule which are otherwise exempt from statutory debt limitations subject to such limitations. Cited herein: Kan. Const., Art. 12, Sec. 5; K.S.A. 1986 Supp. 10-308; K.S.A. 12-6a01 to 12-6a14.
