Attorney General Opinion No. 1989-067 PDF Download
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Author: Robert T. Stephan
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Languages : en
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1989 House Bill No. 2077 does not alter the exclusive authority to control publication expenditures given to the board of county commissioners pursuant to K.S.A. 19-229. Thus, although the 1989 amendment allows newspapers other than the official county newspaper to publish delinquent tax lists, it is our opinion that 1989 House Bill No. 2077 has not given the county treasurer sole authority over which newspaper shall publish these lists. However, if the board of county commissioners has included publishing expenditures in the county treasurer's budget without designating which newspaper shall publish these lists, the board has delegated the choice to the county treasurer who may expend the funds in the manner and amount provided for in the budget. Cited herein: K.S.A. 19-212; 19-229; 19-547; K.S.A. 1988 Supp. 64-101; 1989 House Bill No. 2077.
Author: Robert T. Stephan
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Languages : en
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1989 House Bill No. 2077 does not alter the exclusive authority to control publication expenditures given to the board of county commissioners pursuant to K.S.A. 19-229. Thus, although the 1989 amendment allows newspapers other than the official county newspaper to publish delinquent tax lists, it is our opinion that 1989 House Bill No. 2077 has not given the county treasurer sole authority over which newspaper shall publish these lists. However, if the board of county commissioners has included publishing expenditures in the county treasurer's budget without designating which newspaper shall publish these lists, the board has delegated the choice to the county treasurer who may expend the funds in the manner and amount provided for in the budget. Cited herein: K.S.A. 19-212; 19-229; 19-547; K.S.A. 1988 Supp. 64-101; 1989 House Bill No. 2077.
Author: Robert T. Stephan
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Languages : en
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While the state may require abortions to be performed in licensed facilities from and after the first trimester, K.S.A. 21-3407 sweeps too broadly and the offending provisions cannot be severed from the rest without legislative amendment. We note that the United States Supreme Court is currently considering a case which may modify Roe v. Wade, and thus render this opinion invalid. Cited herein: K.S.A. 21-3407.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Robert T. Stephan
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Languages : en
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A complaint which alleges a violation of a city traffic ordinance is not effective until filed with the municipal court, and may be served upon the accused person either before or after being filed. K.S.A. 12-4201, 12-4203. If the complaint is filed initially with the court, a notice to appear shall be issued by the city attorney and may be served pursuant to K.S.A. 12-4207 by either personal service on the accused person, by leaving it at the person's residence, or by mailing it to the person's last known address. Cited herein: K.S.A. 12-4201; 12-4202; 12-4203; 12-4204; 12-4205; 12-4207.
Author: Robert T. Stephan
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Languages : en
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No state statute proscribes a mandatory retirement age for current employees of unified school districts or community colleges. Thus, it is improper for a board of education or board of trustees to rely upon the mandatory retirement age provisions of K.S.A. 72-5512 or 74-4937 (Weeks, 1980, now repealed,) as the basis for not renewing the employment contract of a faculty member. Additionally, during the term of a negotiated agreement reached under the Teachers' Professional Negotiations Law, a board of education or board of trustees, acting unilaterally, may not make changes in any item which is mandatorily-negotiable, such as the matter of retirement. Moreover, this is true even though the item was not noticed for negotiation and was neither discussed during negotiations nor included in the resulting agreement. Cited herein: K.S.A. 72 -5413(l)(1), 72-5501(d), 72-5512, 74-4931, 74-4937 (Weeks, 1980, now repealed), K.S.A. 1983 Supp. 74-4937; L. 1983, ch. 254, section 15; L. 1971, ch. 232, section 1(d)(7); L. 1970, ch. 326; L. 1941, ch. 341.
Author: Robert T. Stephan
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Languages : en
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Subsection (c) of K.S.A. 1988 Supp. 75-6116 generally provides a governmental entity may pay a part of any judgment taken against an employee for punitive or exemplary damages if the government entity finds three conditions exist. The statute requires that a judgment be rendered before the governmental entity may consider whether the conditions attendant to payment have been met. Cited herein: K.S.A. 1988 Supp. 75-6116.
Author: Robert T. Stephan
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Languages : en
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Licensed psychologists (who direct registered masters level psychologists) and licensed social workers employed at a treatment facility are required to report incidents of suspected child abuse or neglect which are disclosed during an examination or interview. This requirement is applicable to communications made by a criminal defendant during the course of a court-ordered mental evaluation as well as to other communications made by a patient of a treatment facility. Because of a specific statutory exception, the reporting of such incidents is not considered a breech of the patient's privilege to prevent disclosure of confidential communications. Cited herein: K.S.A. 21-2606; K.S.A. 1993 Supp. 21-3504; 21-3505; 38-1522; 65-5601; 65-5602.
Author: Robert T. Stephan
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Languages : en
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K.S.A. 1988 Supp. 12-1222, and the act of which it is a part, contain provisions which are not uniformly applicable to all cities. Accordingly, a city may use its home rule authority to charter out from the provisions of that statute, including the requirement that members appointed to a library board be residents of the municipality. Cited herein: K.S.A. 1988 Supp. 12-1222; Kan. Const., Art. 12, section 5.
Author: Robert T. Stephan
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Languages : en
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Gross operating revenue," as that term is used in 1989 House Bill No. 2502, includes revenue received from transactions other than title insurance. For purposes of determining whether 20% of gross operating revenue received in the previous six months is derived from controlled business, revenue received from transactions involving land sales in counties populated by 10,000 or less is not included. Since the prohibitions contained in the act do not substantially impair obligations under existing title insurance contracts, the act does not violate the contracts clause of the United States Constitution. The distinction between counties having a population of 10,000 or less and those having a population of more than 10,000 does not create an impermissible classification. Finally, the rule-making authority granted by the act does not conflict with the statute granting rulemaking authority in areas not affected by the act. Cited herein: K.S.A. 40-1111, as amended by L. 1988, ch. 156, section 19; K.S.A. 40-2404 (Ensley 1986); K.S.A. 1988 Supp. 40-2404, as amended by 1989 House Bill No. 2502; K.S.A. 40-2404a; K.A.R. 40-3-43 (Proposed, not yet published); U.S. Const. Art. I, section 10, cl. 1.
Author: Robert T. Stephan
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Languages : en
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Physicians' assistants and advanced registered nurse practitioners may not originate a prescription order, as they are not practitioners within the meaning of the pharmacy act. However, these health care providers may transmit prescription orders pursuant to written protocols. The transmitted order is a prescription order as defined by the pharmacy act. An order may be transmitted through a note written by the health care provider, and the signature of that person is neither required nor prohibited by the pharmacy act. The pharmacist may refuse to fill the prescription if, in the pharmacist's professional judgment and discretion, it is believed that the prescription should not be filled. Cited herein: K.S.A. 65-1129; 65-1130 (Ensley 1985); K.S.A. 65-1130, as amended by L. 1989, ch. 192, section 1; K.S.A. 65-1626 (Ensley 1985); K.S.A. 1988 Supp. 65-1626, as amended by L. 1989, ch. 192, section 2; K.S.A. 1988 Supp. 65-1637(a), 65-2896e; K.S.A. 65-4101; L. 1989, ch. 192, section 1; L. 1986, ch. 236, section 1; K.A.R. 60-11-104; 60-11-104a; 68-20-18; 21 C.F.R. section 1306.05.
