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Author: Robert T. Stephan
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Discounts for cash purchases offered by oil companies are not proscribed by L. 1986, ch. 90, section 2 when such discounts are offered to all prospective buyers, the availability of the discount is clearly and conspicuously disclosed and the discount is subtracted from the regular price. Cited herein: 15 U.S.C. section 1666f(b) (1982); K.S.A. 16a-1-101(2); 16a-1-102; K.S.A. 1985 Supp. 16a-2-401, as amended by L. 1986, ch. 90, section 2.
Author: Robert T. Stephan
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Languages : en
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Discounts for cash purchases offered by oil companies are not proscribed by L. 1986, ch. 90, section 2 when such discounts are offered to all prospective buyers, the availability of the discount is clearly and conspicuously disclosed and the discount is subtracted from the regular price. Cited herein: 15 U.S.C. section 1666f(b) (1982); K.S.A. 16a-1-101(2); 16a-1-102; K.S.A. 1985 Supp. 16a-2-401, as amended by L. 1986, ch. 90, section 2.
Author: Robert T. Stephan
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K.S.A. 75-4319(b)(2) authorizes public bodies subject to the Kansas Open Meetings Act (KOMA) to recess into an executive session for the purpose of "consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship ..." The term "consultation" as used in the KOMA necessarily implies the presence of an attorney. Even though a letter from an attorney to his client containing advice is a privileged communication, we must conclude that members of a public body cannot recess into an executive session to review and discuss among themselves a letter from their attorney. Therefore, it is our opinion that the "consultation with an attorney" exception to the open meetings law cannot be invoked unless the attorney for the body is present. Cited herein: K.S.A. 60-426; 75-4317; K.S.A. 1985 Supp. 75-4318(a); K.S.A. 75-4319.
Author: Robert T. Stephan
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Immunity granted by a county attorney pursuant to a plea bargaining agreement is not necessarily binding on another county attorney. Evidence independent of that testified to by the defendant may be used by another county attorney in a prosecution of the defendant. Cited herein: K.S.A. 1985 Supp. 19-702; K.S.A. 22-3415.
Author: Robert T. Stephan
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Languages : en
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Kansas laws pertaining to driving under the influence of alcohol allow conviction when the accused's blood or breath alcohol test (BAT) registers less than .10 as long as other supporting evidence is available. A conviction under a similar statute in another state may be considered for sentencing purposes. Cited herein: K.S.A. 1985 Supp. 8-1005; 8-1567.
Author: Robert T. Stephan
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It is our opinion that advanced registered nurse practitioners may not issue prescription orders pursuant to a physician's standing orders or protocol because they have not been granted such authority by the statutes and regulations under which they are licensed. Physicians' assistants, however, are expressly authorized to practice medicine under the direction and supervision of a physician. Since the practice of medicine includes the act of prescribing medicine, we conclude that physicians' assistants may issue prescription orders under the direction and supervision of a physician. Cited herein: K.S.A. 65-1113(d), (g); 65-1626(t), (x), as amended by L. 1986, ch. 236, section 1; 65-2869(b); 65-2896e; 65-2897a(a), (c); K.A.R. 1985 Supp. 60-11-104; 60-11-105; 60-11-106.
Author: Robert T. Stephan
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Under provisions of the Kansas Tort Claims Act, K.S.A. 75-6101 e̲t̲ s̲e̲q̲., a member of the Board of Directors of the Kansas Technology Enterprise Corporation will, upon proper request, be provided with legal representation in, and will not be personally liable for judgments resulting from, lawsuits in which the member has acted within the scope of his employment. Cited herein: K.S.A. 68-2003; 75-3223; 75-6101; 75-6102; 75-6103; 75-6104; 75-6108; 75-6109; L. 1986, ch. 284.
Author: Robert T. Stephan
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Languages : en
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The United States Environmental Protection Agency allows for the use of a parent corporate guarantee as an additional financial responsibility mechanism for subsidiary owners and operators of hazardous waste facilities to comply with the third-party liability requirements of 40 C.F.R. sections 264.147 and 265.147. Regardless whether this guarantee is defined as "insurance," it is enforceable against the parent company. Cited herein: K.S.A. 1985 Supp. 40-2702; K.A.R. 28-31-8; 40 C.F.R. sections 264.147; 265.147.
Author: Robert T. Stephan
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A director of a rural water district may be employed by the district in a position which does not involve an exercise of the sovereign power of the district. Neither K.S.A. 75-4304, relating to conflicts of interests, nor the common law doctrine of incompatibility of offices would preclude such employment. Cited herein K.S.A. 75-4303a; 75-4304.
Author: Robert T. Stephan
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The Secretary of Administration has the authority to enter into an agreement with a non-profit corporation whereby that corporation, at its own expense, will plan and construct a Fountain of Justice, dependent upon the Secretary's approval, on state-owned property. The Secretary may further agree to maintain such fountain, provided the agreement complies with relevant budget laws. Cited herein: K.S.A. 75-1203; 75-1254, as amended by L. 1986, ch. 317, section 1; K.S.A. 75-2236; K.S.A. 1985 Supp. 75-3717; K.S.A. 75-3741; 75-3762; 75-3763; 75-3764.
Author: Robert T. Stephan
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A state or national bank which receives a deposit of state moneys is required to secure the account by a pledge of securities. K.S.A. 1985 Supp. 75-4218. Direct obligations of the United States government or its agencies are qualified securities, as are obligations insured as to principal and interest by the United States government or one of its agencies. K.S.A. 75-4201(p)(1). Cited herein: K.S.A. 75-4201; K.S.A. 1985 Supp. 75-4218; K.S.A. 75-4221; 7 U.S.C. sections 1981; 1988; 12 U.S.C. sections 1435; 1455; 1717; 1719; 1721; 15 U.S.C. sections 633; 634; 16 U.S.C. sections 831n-1; 831n-3; 831n-4; 31 U.S.C. section 3123; 42 U.S.C. sections 3534; 4514.
