Attorney General Opinion No. 1992-010 PDF Download
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Author: Robert T. Stephan
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Languages : en
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Leavenworth county cannot opt out of the regulation prohibiting open burning within 1,000 feet of an occupied dwelling or public roadway through their home rule powers. Cited herein: K.S.A. 1991 Supp. 19-101a; K.S.A. 65-3005; 65-3006, 65-3007, 65-3010; K.A.R. 28-19-47.
Author: Robert T. Stephan
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Languages : en
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Leavenworth county cannot opt out of the regulation prohibiting open burning within 1,000 feet of an occupied dwelling or public roadway through their home rule powers. Cited herein: K.S.A. 1991 Supp. 19-101a; K.S.A. 65-3005; 65-3006, 65-3007, 65-3010; K.A.R. 28-19-47.
Author: California. Office of the Attorney General
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Category : Attorneys general's opinions
Languages : en
Pages : 392
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Author: Robert T. Stephan
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Languages : en
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K.S.A. 12-1019 authorizes a petition seeking to bring to an election a question regarding a change in the form of government for a city. K.S.A. 1991 Supp. 25-3601, as amended by L. 1992, ch. 194, section 2, establishes in part the requirements for such petition. The amendment adopted in L. 1992, ch. 194, section 2 is merely procedural in nature, and therefore may be applied retrospectively to petitions being circulated prior to April 30, 1992, the effective date of the amendment. A petition drafted on March 31, 1992, should, prior to its circulation, be submitted to the county attorney for an opinion regarding the legality of the form of the question unless such retrospective application of the requirement results in a manifest injustice. Cited herein: K.S.A. 12-184; 12-1019; K.S.A. 1991 Supp. 25-3601, as amended by L. 1992, ch. 194, section 2; U.S. Const., art. 1, section 10.
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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Because the legislative means chosen to accomplish a legitimate public purpose (i̲.̲e̲.̲ minimizing the accumulation of solid waste) discriminates against articles of commerce (i̲.̲e̲.̲ solid waste), L. 1992, ch. 316, new sections 10, 11 and 12 must be characterized as economic protectionist measures which impermissibly burden interstate commerce. In our opinion, the state of Kansas would not be able to establish that L. 1992, ch. 316, new sections 10, 11 and 12 further public health, safety and welfare concerns that cannot be adequately served by nondiscriminatory alternatives. Cited herein: K.S.A. 65-3401; L. 1992, ch. 316, sections 10, 11, 12.
Author: Robert T. Stephan
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Languages : en
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Pursuant to K.S.A. 1991 Supp. 74-4960, as amended by L. 1992, ch. 321, section 14, and 74-4960a, as amended by L. 1992, ch. 321, section 15, the Kansas public employees retirement system (KPERS) is obligated to make payment of the 10% benefit due a minor child of a disabled member of the Kansas police and firemen's retirement system (KP & F) only to a legally appointed conservator. It is necessary, therefore, that a conservator be appointed for each minor child of the member's family. Unless the divorce decree provides otherwise, a member of KP & F who is making child support payments pursuant to a divorce decree is entitled to credit toward those payments the amount of the 10% benefit paid by KPERS to the conservator of the minor child. If the 10% benefit exceeds the amount owed pursuant to the divorce decree, the excess will be considered a gratuity under the divorce decree. If the court determines that payment of the 10% benefit to a conservator somehow results in a material change in circumstances, the court may modify the order fixing child support. Cited herein: K.S.A. 20-165, as amended by L. 1992, ch. 312, section 1; K.S.A. 1991 Supp. 59-3004; 60-1610, as amended by L. 1992, ch. 273, section 2; 74-4916, as amended by L. 1992, ch. 321, section 8; 74-4927h; 74-4959, as amended by L. 1992, ch. 321, section 13; K.S.A. 74-4960, as amended by L. 1992, ch. 321, section 14; 74-4960a, as amended by L. 1992, ch. 321, section 15.
Author: Robert T. Stephan
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Languages : en
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Article 15, section 10 of the Kansas constitution does not preclude the legislature from amending K.S.A. 1991 Supp. 41-2646 to allow counties to consider a proposition to limit sales of liquor by the drink in public places to those places which obtain a temporary permit. K.S.A. 1991 Supp. 41-2642 would need to be amended as well, should the legislature choose to do this. Cited herein: K.S.A. 1991 Supp. 41-2642; 41-2646; L. 1947, ch. 248, section 1; Kan. Const., art. 15, section 10.
Author: Robert T. Stephan
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Languages : en
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The provisions of the student publications act, L.1992, ch. 5, sections 1, 2, 3, are not applicable to community colleges. Cited herein: L. 1992, ch. 5, sections 1, 2, 3; U.S. Const., Amend. I.
Author: Robert T. Stephan
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Languages : en
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Based on available legislative history, in our opinion the intent of the legislature's 1992 amendments was to give limited retroactive effect to the eligibility provisions of the Kansas storage tank act, K.S.A. 65-34,119, and K.S.A. 65-34,119a. Given that premise, it follows that a broad interpretation of the secretary's discretion must be given regarding the conditions of eligibility as found in K.S.A. 65-34,119(a)(7) (secretary's approval of proposed corrective action plan) and K.S.A. 65-34,118 (secretary's authority to waive three bid requirement upon finding of good faith effort). Cited herein: K.S.A. 65-34,100; 65-34,118; 65-34,119; 65-34,119a; K.S.A.1991 Supp. 65-34,118; 65-34-119.
Author: Robert T. Stephan
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Languages : en
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Based on I̲n̲ ̲r̲e̲ ̲A̲p̲p̲l̲i̲c̲a̲t̲i̲o̲n̲ ̲o̲f̲ ̲N̲o̲e̲l̲ ̲f̲o̲r̲ ̲D̲i̲s̲c̲h̲a̲r̲g̲e̲ ̲H̲e̲a̲r̲i̲n̲g̲, 17 Kan. App. 2d 303 (1992), it is our opinion that K.S.A. 1991 Supp. 22-3428(3), as amended, and K.S.A. 1991 Supp. 22-3428a(3), which are used to determine the need for continued commitment of insanity acquittees, violate the due process and equal protection clauses of the 14th amendment by not placing the burden of proof upon the state to show by clear and convincing evidence both the committed person's continued insanity and dangerousness. However, rather than striking the statutes down, the Court of Appeals engrafted the essential requirements onto the statutes. Cited herein: K.S.A. 1991 Supp. 22-3428, as amended by L. 1992, ch. 309, section 3; 22-3428a.
