Attorney General Opinion No. 1993-021 PDF Download
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Author: Robert T. Stephan
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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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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 Supreme Court nominating commission is not subject to title 7 of the civil rights act of 1964, as amended, but is subject to the Americans with disabilities act and the Kansas act against discrimination. Cited herein: K.S.A. 20-124; 20-125; 20-132; 20-137; 20-138; 20-3004; 20-3007; K.S.A. 1992 Supp. 44-1002; 44-1006; 44-1009; Kan. Const., art. 3, sec. 5; 29 U.S.C.S. sec. 630; 42 U.S.C.S. sec. 2000e; 42 U.S.C.S. sec. 2000e-2; 42 U.S.C.S. secs. 12101, 12111, 12112.
Author: Robert T. Stephan
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Languages : en
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It is our opinion that the offices of councilperson for a city of the second class and trustee for the city hospital are incompatible. The common law doctrine of incompatibility of offices precludes a person from concurrently serving in both offices. Cited herein: K.S.A. 14-109; 14-204; 14-205; 14-601; 14-604; 14-605; 14-606; K.S.A. 14-602 (Weeks 1935).
Author: Robert T. Stephan
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Languages : en
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As used in K.S.A. 1991 Supp. 74-7301, personal injury means an injury affecting one's physical and mental person; an injury giving rise to a personal action at law. Cited herein: K.S.A. 1991 Supp. 74-7301.
Author: Robert T. Stephan
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Languages : en
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The restrained environment described herein satisfies the requirement of "imprisonment" as that term is used in the driving under the influence statute and the driving while suspended statute. Cited herein: K.S.A. 8-262, as amended by L. 1993, ch. 291, sec. 2; 8-1567, as amended by L. 1993, ch. 291, sec. 270; 21-3809, as amended by L. 1993, ch. 291, sec. 102.
Author: Robert T. Stephan
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Languages : en
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The incident based reporting system code sheet is a public record that must be disclosed by law enforcement agencies upon request. Cited herein: K.S.A. 45-216; K.S.A. 1992 Supp. 45-217; K.S.A. 45-218; K.S.A. 1992 Supp. 45-221; 22-4701; K.S.A. 22-4707.
Author: Robert T. Stephan
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Languages : en
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A city of the first class utilizing a commission-manager form of government can use its home rule power to enact an ordinance establishing term limitations for its commissioners. Cited herein: K.S.A. 12-1001; 12-1003; 12-1005e, 12-1006; 12-1007; 12-1017; 13-1501; 13-1801; 13-1802; 13-1804; 13-1805; 13-1806; 13-1807; 13-1808; 13-1810; Kan. Const., art. 12, sec. 5.
Author: Robert T. Stephan
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Languages : en
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To satisfy the mandatory imprisonment requirements imposed by K.S.A. 8-1567, the individual must be in custody. Providing private security guards in a hospital setting is not sufficient in and of itself to meet this requirement, however, constant surveillance by law enforcement officials in a jail is not required either. The determining factor is the intent of the court and law enforcement officials to retain custody and control of the prisoner. Cited herein: K.S.A. 8-1567; 8-1450; 12-4113; K.S.A. 1992 Supp. 21-3110; 22-2202; K.S.A. 65-4003.
Author: Robert T. Stephan
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Languages : en
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As long as the assistant district attorney does not practice civil law when acting as a conservator, and his job as a conservator does not interfere with his ability to devote full time to his duties, he may continue in his role as a conservator. The support staff of the district attorney's office may be part of the public employer-employee relations act contracts, however, any memorandum of agreement which is entered into cannot preempt state law or the rights of the public employer listed in K.S.A. 75-4326. Cited herein: K.S.A. 22a-106; 59-3002; 75-3747; 75-4326; 75-4330.
Author: Robert T. Stephan
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The Kansas open meetings act applies to legislative conference committee meetings and, when such meetings take place, the appropriate notice under the circumstances must be given to any person requesting such notice. Cited herein: K.S.A. 75-4317a, 75-4318.
