Attorney General Opinion No. 1992-086 PDF Download
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Author: Robert T. Stephan
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Languages : en
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1992 House Bill No. 3215, the omnibus reconciliation spending limit bill, suspends by implication the spending limit provisions of K.S.A. 1991 Supp. 75-6701 e̲t̲ s̲e̲q̲. Even if the provisions are not suspended, any inconsistency between the two raises political questions only, over which a court would refuse to exercise jurisdiction. Cited herein: K.S.A. 1991 Supp. 75-6701; 75-6702; 75-6703; 75-6704; Kan. Const., art. 2, section 16.
Author: Robert T. Stephan
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Languages : en
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1992 House Bill No. 3215, the omnibus reconciliation spending limit bill, suspends by implication the spending limit provisions of K.S.A. 1991 Supp. 75-6701 e̲t̲ s̲e̲q̲. Even if the provisions are not suspended, any inconsistency between the two raises political questions only, over which a court would refuse to exercise jurisdiction. Cited herein: K.S.A. 1991 Supp. 75-6701; 75-6702; 75-6703; 75-6704; Kan. Const., art. 2, section 16.
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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Juveniles who fall under the exemptions listed in K.S.A. 1992 Supp. 38-1691(c) and those who have already been adjudicated adults for purposes of prosecution may be detained in an adult jail provided they are kept in quarters separate from adult prisoners. The sheriff may incur civil liability if he detains exempt juveniles with non-exempt juveniles because of his duty to protect the non-exempt juveniles. Geary county has received an extension from complying with K.S.A. 1992 Supp. 38-1691 and, therefore, until the extension expires, the sheriff is only obligated to comply with K.S.A. 19-1919 which requires that all juveniles be kept in separate quarters from adult prisoners. Cited herein: K.S.A. 19-1919; K.S.A. 1992 Supp. 38-1602; 38-1636; 38-1691.
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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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.
Author: Robert T. Stephan
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Languages : en
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Pursuant to L. 1879, ch. 150, an authorized county road which remained unopened for seven years became vacated by operation of law. The subsequent repeal of that statute does not affect the vacation of a county road which occurred prior to the statute's repeal. Cited herein: K.S.A. 77-201; Laws 1879, ch. 150.
Author: Robert T. Stephan
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Languages : en
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The sheriff of the county where the action is filed is responsible for the service of process by certified mail. Attorney General Opinion No. 92-83 is accordingly revised. Cited herein: L. 1992, ch. 290.
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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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: Robert T. Stephan
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Languages : en
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K.S.A. 14-201 requires the city council of a city of the second class, to consent to mayorial appointments for city officials including police officers. Absent confirmation by the council, the appointee does not become a public officer of the city. Cited herein: K.S.A. 14-201.
