Attorney General Opinion No. 1991-071 PDF Download
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Author: Robert T. Stephan
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Languages : en
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Since the exemption meets the public purpose test and since there is no prohibition against special legislation, it is our opinion that 1991 House Bill No. 2194, section 2(d) is not violative of the uniform and equal provision in article 11, section 1 or article 2, section 17 of the Kansas Constitution. Cited herein: Kan. Const., art. 2, section 17, art. 11, section 1; 1991 House Bill No. 2194.
Author: Robert T. Stephan
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Languages : en
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Since the exemption meets the public purpose test and since there is no prohibition against special legislation, it is our opinion that 1991 House Bill No. 2194, section 2(d) is not violative of the uniform and equal provision in article 11, section 1 or article 2, section 17 of the Kansas Constitution. Cited herein: Kan. Const., art. 2, section 17, art. 11, section 1; 1991 House Bill No. 2194.
Author: Robert T. Stephan
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Languages : en
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The board of trustees of a community college has the power pursuant to K.S.A. 1990 Supp. 71-201(a)(10) to dispose of any property owned by a community college. The power to dispose of property owned by a community college includes the authority to lease that property. Cited herein: K.S.A. 1990 Supp. 71-201.
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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Under the procedures utilized by the board of trustees for Johnson county community college for entering into contracts, the signing of the contract is a ministerial function that may be delegated to an administrative official of the community college. Cited herein: K.S.A. 1990 Supp. 71-201, as amended by L. 1991, ch. 213, section 1, K.S.A. 1990 Supp. 71-501; 72-4424.
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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Languages : en
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In our opinion the portion of K.S.A. 23-501 which provides that the secretary of health and environment (KDHE) shall establish and maintain family planning centers is directory in nature, not mandatory. K.S.A. 23-501 prohibits the distribution of contraceptive information and services to minors through family planning centers established and maintained by KDHE. Such centers are not presently maintained by KDHE specifically because of the prohibition of K.S.A. 23-501. Should KDHE reestablish and maintain family planning centers in the future, so long as K.S.A. 23-501 is in effect contraceptive services could not be provided to minors at such centers. A mature minor may authorize medical and surgical services, including contraceptive services, by giving an informed consent to such services. In the absence of an informed consent medical care is unauthorized, thus subjecting the medical care providers, whether public or private, to potential liability. Two distinct governmental interests may be served simultaneously without jeopardizing the legality of either. The mere fact of apparent inconsistency alone does not negate either governmental interest nor does one interest prevent or preclude legislation promoting another interest. Statutes protecting minors from illicit sexual activity thus do not preclude acceptance and distribution of Title X funds which are conditioned upon provision of contraceptive services to minors. Cited herein: K.S.A. 21-3502; K.S.A. 1991 Supp. 21-3503; K.S.A. 21-3504; 21-3602; 21-3606; 23-501; 23-502; 38-1501; L. 1965, ch. 384, section 1; L. 1973, ch. 186, section 20; L. 1975, ch. 462, section 34; L. 1980, ch. 182, section 20; 42 U.S.C.S. section 300.
Author: Robert T. Stephan
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Languages : en
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Section 2(b)(10) of chapter 150 of the 1991 Session Laws does not preclude endorsements by a newspaper, the publisher and editor of which is a member of the commission on governmental standards and conduct. Cited herein: L. 1991, ch. 150, section 2.
Author: Robert T. Stephan
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Languages : en
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The legislature intended that the term "noneconomic loss," found in K.S.A. 1990 Supp. 65-34,126 and not otherwise defined, have the meaning commonly accorded it and as defined by case law interpreting generally similar statutes. Cited herein: K.S.A. 1990 Supp. 65-34,100; 65-34,102; 65-34,126.
Author: Robert T. Stephan
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Languages : en
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K.S.A. 12-1789 authorizes the filing of a petition in opposition to the continuation of a business improvement district. The sufficiency of such a petition is to be determined in accordance with the provisions of K.S.A. 25-3601 e̲t̲ s̲e̲q̲. Cited herein: K.S.A. 12-1781; 12-1789; 25-3601; 25-3602.
Author: Robert T. Stephan
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Languages : en
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Enforcement of the governmental ethics act against the employees of interstate agencies by criminal prosecution is not favored by the law. The terms of the interstate compact or agreement take precedence over the unilateral actions of any single member state. Cited Cited [sic] herein: K.S.A. 2-3101; 12-2514; 12-2524; K.S.A. 1990 Supp. 46-247; K.S.A. 46-215, e̲t̲ s̲e̲q̲.; 48-2001; 65-34a01; 72-6011; 79-4301; 82a-528; 82a-529; K.S.A. 1990 Supp. 74-8731; U.S. Const., Art. 1, section 10, cl. 3.
