Author: Robert T. Stephan
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Languages : en
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The department of administration has authority to promulgate rules and regulations dealing with nepotism in state employment. The commission on governmental conduct and standards does not have such authority. Cited herein: K.S.A. 1991 Supp. 46 - 246a; 46-253; K.S.A. 75 - 3746; 75-3747; L. 1981, ch. 171, sections 44, 48.
Author: Robert T. Stephan
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Languages : en
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K.S.A. 1991 Supp. 41-714(a)(2) attempts to prohibit retailers from advertising alcoholic liquor by means of billboards. However, the statute does not sufficiently inform retailers what conduct will subject them to penalties, and prohibits advertising by "billboard" in terms so vague that persons of common intelligence must necessarily guess at its meaning. In our opinion that provision is therefore violative of due process and unenforceable. Cited herein: K.S.A. 1991 Supp. 41-714, Kan. Const., Bill of Rights, section 10; U.S. Const., Amend. 14.
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.
Author: Robert T. Stephan
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Languages : en
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K.S.A. 39-966(d), which prohibits adult care home licensees and proprietary home health agencies from qualifying as providers of assessment and referral services, does not violate section 1 of the Kansas bill of rights or the fourteenth amendment to the United States constitution. Cited herein: K.S.A. 1992 Supp. 39-966(d); Kan. Bill of Rights, sec. 1; U.S. Const., 14th. Amend.
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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The present assault and battery statutes are not adequate to prosecute an HIV infected individual who engages in conduct defined in 42 U.S.C.S. section 300ff-47. Senate Bill No. 287 with its proposed amendments would allow such a prosecution. Senate Bill No. 358 which redefines the crime of battery, combined with the criminal attempt statute when appropriate, may permit such a prosecution. Cited herein: K.S.A. 21-3301; 21-3408; 21-3412; 21-3414; 42 U.S.C.S. section 300ff-41; 42 U.S.C.S. section 300ff-47.
Author: Robert T. Stephan
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Languages : en
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The use of the word "shall" in a statute which specifies a set number of meetings per year is directory not mandatory if that statute does not provide consequences for non-compliance. Members of the advisory commission on health and environment should be compensated with subsistence allowances, and reimbursement for mileage and other actual and necessary expenses for attending commission meetings. Cited herein: K.S.A. 75-3223; 75-5656.
Author: Carla J. Stovall
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Languages : en
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K.S.A. 1996 Supp. 12-340 et seq. do not constitute an unlawful delegation of legislative authority because these statutes contain sufficient guidelines and parameters within which the delegated authority is to be exercised. Cited herein: K.S.A. 1996 Supp. 12-340; 12-342; 12-343; 12-344; 12-345; 12-346; Kan. Const., Art. 1, section 6; Art. 2, sections 1, 17, 21, 30; Art. 9, section 1; Art. 12, section 5.
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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A trust company's powers do not include the authority to branch. Cited herein: K.S.A. 9-801; 9-901; 9-1111, as amended by L. 1992, ch. 61, section 1; 9-1801; 9-2103.
