Attorney General Opinion No. 1982-089 PDF Download
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Author: Robert T. Stephan
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Languages : en
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As part of the Alternate Care Services program of the Department of Social and Rehabilitation Services, adult family homes have been established which provide community-based living facilities for elderly or disabled individuals who can no longer live independently. In that adult family homes do not provide nursing care, they are distinguishable from most forms of adult care homes, which are licensed by the Department of Health and Environment. However, in that they do offer the same type of services as do boarding care homes (a type of adult care home), adult family homes serving 3 or more clients are required to be licensed by the Department of Health and Environment before operating. Cited herein: K.S.A. 39-923, K.S.A. 1981 Supp. 75-3307b.
Author: Robert T. Stephan
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Languages : en
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Book Description
As part of the Alternate Care Services program of the Department of Social and Rehabilitation Services, adult family homes have been established which provide community-based living facilities for elderly or disabled individuals who can no longer live independently. In that adult family homes do not provide nursing care, they are distinguishable from most forms of adult care homes, which are licensed by the Department of Health and Environment. However, in that they do offer the same type of services as do boarding care homes (a type of adult care home), adult family homes serving 3 or more clients are required to be licensed by the Department of Health and Environment before operating. Cited herein: K.S.A. 39-923, K.S.A. 1981 Supp. 75-3307b.
Author: Robert T. Stephan
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Languages : en
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Penal statutes must be strictly construed. Since 1987 House Bill No. 2412 is penal in nature, the language granting total discretion must be given its ordinary meaning. Therefore, the proprietor or person in charge of the premises is free to designate any percentage of the premises as a smoking area, subject only to the limitations of any existing local regulation which are at least as stringent as those imposed by the act. Cited herein: 1987 House Bill No. 2412.
Author: Robert T. Stephan
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Languages : en
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Under a privileges and immunities and equal protection analysis a city may restrict nonresidents' use of city parks. In order to pass constitutional scrutiny, the level of discrimination must be offset by a reasonable justification. Cited herein: U.S. Const., art. 4, section 1; Amend. 14th.
Author: Robert T. Stephan
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Languages : en
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The Secretary of Transportation has express statutory authority to organize the Department of Transportation in any manner he deems most efficient, so long as it is not in conflict with the act creating the Department (L. 1975, ch. 426) or other provisions of law. Thus, to reorganize the Department so as to eliminate the statutorily-created Division of Aviation and the statutorily-created position of Director of Aviation, exceeds the Secretary's authority and creates a direct conflict with manifested legislative intent. Cited herein: K.S.A. 75-5006, K.S.A. 1981 Supp. 75-5007, 75-5008, K.S.A. 75-5009, 75-5010, 75-5015.
Author: Curt Thomas Schneider
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Languages : en
Pages : 2
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A law enforcement agency has the authority to finger- print individuals violating a city ordinance and K.S.A. 21-2501 places a duty on law enforcement officers and not a limitation.
Author: Robert T. Stephan
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Languages : en
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The common law doctrine of incompatibility of offices precludes one person from simultaneously holding the offices of city councilman in a city of the third class and a township officer in the township which contains such city. Attorney General Opinion No. 75-50 is withdrawn. Cited herein: K.S.A. 15-104, 25-1606, 80-1502, L. 1982, ch. 63.
Author: Robert T. Stephan
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Languages : en
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Pursuant to K.S.A. 19-2918b, the board of county commissioners and the governing body of any city within the county may establish a joint committee for subdivision regulation. The committee is empowered to adopt regulations governing the subdivision of land within the area subject to the jurisdiction of both the city and the county. Such regulations may provide for, among other things, the location and width of streets. Provided a regulation requiring the dedication of land for future improvements to an existing, adjoining highway is reasonable, it is a legitimate exercise of the police power granted to counties and cities in the area of land use and development, and is not a taking of property without just compensation. Cited herein: K.S.A. 19-2918, 19-2918b, 19-2918c.
Author: Robert T. Stephan
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Languages : en
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The common law doctrine of incompatibility of offices precludes one person from simultaneously holding the offices of city manager and city treasurer in a city of the second class having a commission-manager form of government. Cited herein: K.S.A. 12-1001, 12-1011, 12-1014, 12-1024.
Author: Robert T. Stephan
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Languages : en
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A contract which determines the custody of a child is void as against public policy. Cited herein: K.S.A. 23-128, 23-129, 23-130.
Author: Robert T. Stephan
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Languages : en
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Where a law enforcement officer detains a person without a warrant for misdemeanor theft, and the officer does not arrest the person but instead serves upon him a notice to appear in court, the officer must, pursuant to K.S.A. 22-2408, release the person upon receiving a written promise to appear in court. Under such circumstances, the officer may not detain the person to take fingerprints and photographs. Cited herein: K.S.A. 21-2501 (as amended by L. 1984, ch. 115, section 4), 22-2202 (as amended by L. 1984, ch. 112, section 6), 22-2408, 77-109.
