Attorney General Opinion No. 1992-003 PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Attorney General Opinion No. 1992-003 PDF full book. Access full book title Attorney General Opinion No. 1992-003 by Robert T. Stephan. Download full books in PDF and EPUB format.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
A board of education for a unified school district may establish and implement an affirmative action contracting program. Any racial classification set forth in the program must be justified by a compelling governmental interest and the means chosen to effectuate the purpose for the program must be narrowly tailored to the achievement of that goal. Cited herein: K.S.A. 44-1009, as amended by L. 1991, ch. 147, section 6; K.S.A. 1990 Supp. 72-6760, as amended by L. 1991, ch. 226, section 10; K.S.A. 72-8201; 72-8205; Kan. Const., Bill of Rights, 55 1, 2; Kan. Const., art. 6, section5; U.S. Const., amend. 14, section 1.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
A board of education for a unified school district may establish and implement an affirmative action contracting program. Any racial classification set forth in the program must be justified by a compelling governmental interest and the means chosen to effectuate the purpose for the program must be narrowly tailored to the achievement of that goal. Cited herein: K.S.A. 44-1009, as amended by L. 1991, ch. 147, section 6; K.S.A. 1990 Supp. 72-6760, as amended by L. 1991, ch. 226, section 10; K.S.A. 72-8201; 72-8205; Kan. Const., Bill of Rights, 55 1, 2; Kan. Const., art. 6, section5; U.S. Const., amend. 14, section 1.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
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
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
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
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
Documents circulated by electors of the city of Cherryvale seeking to bring about a change in the form of city government and the number of wards in the city constitute two separate petitions. Each petition must be able to stand on its own in meeting the requirements for a sufficient petition. A recital of the circulator must be included in each petition. A question regarding abandonment of the commission form of government is to be submitted to the qualified electors of the city at the next city or state general or primary election following by not less than 60 days the certification of the petition. A petition requesting that the question be submitted at an election held at any other time is a nullity. Division of the city into wards is essentially an administrative function, and is not subject to initiative and referendum. A petition requesting a change in the number of wards of a city is therefore of no legal consequence. Cited herein: K.S.A. 12-184; 12-3013; 14-103; 14-1807; K.S.A. 1991 Supp. 25-3601, as amended by L. 1992, ch. 194, section 2; 25-3602, as amended by L. 1992, ch. 194, section 3.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
When the legislature has named a day on which an election is to be held, or places bounds within which it must be held, a proclamation naming a day other than that fixed by the statutes is void and the election confers nothing. K.S.A. 19-204, as amended by L. 1992, ch. 38, section 4 provides that an election regarding a change in the number of county commissioners is to be conducted on the day of the general election, following not less than 60 days the presentation of the petition. Because November 3, 1992, falls within that 60-day period, an election regarding a change in the number of county commissioners for Chase county may not be called for November 3, 1992, but rather, must be called for the date of the general election to be conducted in November, 1994. Cited herein: K.S.A. 19-204, as amended by L. 1992, ch. 38, section 4; 25-2502; K.S.A. 1991 Supp. 25-3601, as amended by L. 1992, ch. 194, section 2; 25-3602, as amended by L. 1992, ch. 194, section 3; 77-201; Kan. Const., art. 4, section 2.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
An individual who is employed as an instructor at a state educational institution is not precluded by constitutional or statutory provision from concurrently serving as a member of the legislature. Cited herein: K.S.A. 1991 Supp. 75 - 2935; 76-712; K.S.A. 76-714; 76-715; Kan. Const., art. 6, section 3.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
Article 3, section 13 of the Kansas constitution precludes a sitting district court judge from being a member of the Kansas commission on governmental standards and conduct in the absence of any provision of law specifically authorizing such membership. Cited herein: K.S.A. 20-2201; 20-2301; 25-113; K.S.A. 1991 Supp. 25-4119a; 25-4119d; K.S.A. 46-215; 75-3223; Kan. Const., art. 3, section 13.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
In granting the department of social and rehabilitation services a claim against the estates and payable on death accounts of certain decedents who had received assistance, the legislature intended that the claims be enforced by existing provisions of the probate and civil codes and did not intend to grant the department independent authority to order payment. Cited herein: K.S.A. 9-1215, as amended by L. 1992, ch. 150, section 1; 9-1216, as amended by L. 1992, ch. 150, section 2; 17-2263, as amended by L. 1992, ch. 150, section 3; 17-2264, as amended by L. 1992, ch. 150, section 4; 17-5828, as amended by L. 1992, ch. 150, section 5; 17-5829, as amended by L. 1992, ch. 150, section 6; K.S.A. 1991 Supp. 39-708c, as amended by L. 1992, ch. 322, section 5; 39-709, as amended by L. 1992, ch. 150, section 7; K.S.A. 58-3901; K.S.A. 1991 Supp. 58-3910; 58-3912; K.S.A. 58-3914; K.S.A. 1991 Supp. 59-102; K.S.A. 59-514; 59-1301, as amended by L. 1992, ch. 150, section 8; K.S.A. 1991 Supp. 59-901; 59-1401; 59-2236; 59-2239; 42 C.F.R. section 483.10.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
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: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
Since the language of the statutes do not allow for an increase in the allowable fees for private process servers and because the county's home rule powers (K.S.A. 19-101) would not be applicable in this instance, it is this office's opinion that the county cannot compensate private process servers in an amount in excess of that which is set out in K.S.A. 1991 Supp. 28-110. Cited herein: K.S.A. 1991 Supp. 28-110; 60-303(3).
