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Author: Robert T. Stephan
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Languages : en
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K.S.A. 1987 Supp. 36-206 and 36-207, add "dwelling unit" to penal statutes of defrauding an innkeeper or owner. K.S.A. 1987 Supp. 36-206 and 36-207, as applied to tenants, do not violate Section 16 of the Bill of Rights of the Constitution of the State of Kansas nor do they violate the due process provisions of the Fourteenth Amendment of the United States Constitution. Cited herein: K.S.A. 1987 Supp., 26-206; 36-207; Kan. Const., Bill of Rights, section 16; U.S. Const., Fourteenth Amendment.
Author: Robert T. Stephan
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Languages : en
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K.S.A. 1987 Supp. 36-206 and 36-207, add "dwelling unit" to penal statutes of defrauding an innkeeper or owner. K.S.A. 1987 Supp. 36-206 and 36-207, as applied to tenants, do not violate Section 16 of the Bill of Rights of the Constitution of the State of Kansas nor do they violate the due process provisions of the Fourteenth Amendment of the United States Constitution. Cited herein: K.S.A. 1987 Supp., 26-206; 36-207; Kan. Const., Bill of Rights, section 16; U.S. Const., Fourteenth Amendment.
Author: Robert T. Stephan
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Languages : en
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A licensed cosmetologist cannot advertise his services as those provided by a barber shop unless he is licensed as a barber, even though the services performed by barbers and cosmetologists have a common field of practice. Similarly, a cosmetology shop providing only the services of licensed cosmetologists cannot use a "barbering pole" to advertise. Cited herein: K.S.A. 65-1801 e̲t̲ s̲e̲q̲.; K.S.A. 65-1901 e̲t̲ s̲e̲q̲.; K.S.A. 1988 Supp. 65-1904a.
Author: Robert T. Stephan
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Languages : en
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An appointed non-lawyer member may not continue membership on the judicial nominating committee once that member has been granted a temporary permit to practice law. Cited herein: K.S.A. 20-119; 20-120, 20-123; 20-124; 20-125; 20-127; Supreme Court Rule 705.
Author: Robert T. Stephan
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Languages : en
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In B̲e̲l̲l̲o̲t̲t̲i̲ ̲v̲.̲ ̲B̲a̲i̲r̲d̲, 443 U.S. 622, 995 S. Ct. 3035, 61 L. Ed. 2d 797 (1979) (plurality opinion) the United States Supreme Court held that the United States Constitution would permit a state to require a pregnant minor to obtain parental consent to an abortion if the state provided an alternative procedure whereby the minor could establish that she was mature enough to make the decision on her own or that it would be in her best interests to have the abortion. Since 1988 House Bill No. 2950 establishes such an alternative procedure, it is our opinion that its parental consent requirements would pass constitutional muster. Cited herein: 1988 House Bill No. 2950.
Author: Robert T. Stephan
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Languages : en
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Pursuant to K.S.A. 1987 Supp. 19-101a(20), counties may not exempt or change the provisions contained in K.S.A. 1987 Supp. 19-211. Pertinent language of Attorney General Opinion No. 87-164 is amended so as to be consistent with this rule. Cited herein: K.S.A. 1987 Supp. 19-101a(20); 19-211.
Author: Robert T. Stephan
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Languages : en
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A public body must comply with the provisions of the Kansas Open Meetings Act if two tests are met: (1) the body is a legislative or administrative agency of the state or one of its political or taxing subdivisions, or is subordinate to such a body; and (2) the body receives or expends and is supported in whole or in part by public funds. A rural water district meets the first test as it is a political subdivision of the state. The second test is met if the district receives federal or state grants or other such public funding. Cited herein: K.S.A. 24-1201; K.S.A. 1987 Supp. 24-1219; K.S.A. 75-4317; K.S.A. 1987 Supp. 75-4318; K.S.A. 82a-612; K.S.A. 1987 Supp. 82a-613; K.S.A. 82a-614; 82a-616; 82a-619a; 82a-625; 82a-638.
Author: Virginia. Office of the Attorney General
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Category : Attorneys general's opinions
Languages : en
Pages : 620
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Author: Robert T. Stephan
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42 U.S.C. 290aa, Part C, Sec. 523b(1) prohibits the use of federally provided amounts as a non-federal match contribution. Once a recipient provider has properly received Medicaid reimbursement funds and is free to expend them in any legally permissible manner, those funds become the freely alienable property of that recipient. Thus, such a recipient and not the federal government provides the funds which may thereafter be used to match a grant pursuant to 42 U.S.C. 290aa, Part C, Sec. 523(a). Cited herein: 42 U.S.C. 290aa, Part C, Sec. 523; 42 U.S.C.A. 1396; 42 C.F.R. 74.53; 42 C.F.R. 433.45; K.S.A. 39-701, 39-717, 75-3301, 75-5301; K.A.R. 30-5-58.
Author: Robert T. Stephan
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Languages : en
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A local government cannot be held liable for a violation of civil rights by its agents under 42 U.S.C. section 1983 on the basis of a respondeat superior theory. Local governments are liable only when execution of a government policy or custom inflicts the injury. Cited herein: K.S.A. 1987 Supp. 8-116a; 42 U.S.C. section 1983.
Author: Robert T. Stephan
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Languages : en
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Under the provisions of subsection (c) of K.S.A. 46-922, the head of a state agency may pay up to $500 to persons for loss or damage to property, where such loss or damage was caused by the negligence of the state or any agency, officer or employee thereof. Claims for personal injuries may not be paid under the provisions of the aforesaid statute. Cited herein: K.S.A. 46-922.
