Attorney General Opinion No. 1992-153 PDF Download
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Author: Robert T. Stephan
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The general rule for payment of compromises, settlements and final judgments from the Kansas tort claims fund is that to the extent that payment cannot be made from insurance coverage obtained therefore, payment is made from the fund. An exception to that general rule is made for payment of compromises, settlements and final judgments arising from specified types of claims made against charitable health care providers. Accordingly, the Kansas tort claims fund is responsible as a "first payor" for a compromise, settlement or final judgment whether or not such charitable health care provider has other insurance coverage. Cited herein: K.S.A. 75-6101; K.S.A. 1991 Supp. 65-226; 75-6117.
Author: Robert T. Stephan
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Languages : en
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Book Description
The general rule for payment of compromises, settlements and final judgments from the Kansas tort claims fund is that to the extent that payment cannot be made from insurance coverage obtained therefore, payment is made from the fund. An exception to that general rule is made for payment of compromises, settlements and final judgments arising from specified types of claims made against charitable health care providers. Accordingly, the Kansas tort claims fund is responsible as a "first payor" for a compromise, settlement or final judgment whether or not such charitable health care provider has other insurance coverage. Cited herein: K.S.A. 75-6101; K.S.A. 1991 Supp. 65-226; 75-6117.
Author: Robert T. Stephan
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Languages : en
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The agricultural corporations act restricts corporations from directly or indirectly owning, acquiring or otherwise obtaining or leasing agricultural land, subject to fourteen enumerated exceptions. In our opinion, The Nature Conservancy, a duly registered foreign nonprofit corporation, is engaged in business of a nonfarming nature in Kansas. Accordingly, agricultural land in Cheyenne Bottoms which is owned by The Nature Conservancy falls within the statutory exception which allows a corporation to acquire such acreage as is necessary for the operation of a nonfarming business. The Nature Conservancy may own such agricultural land as is useful, convenient, suitable and needful for the accomplishment of its legitimate corporate purposes. Cited herein: K.S.A. 17-506 (repealed L. 1972, ch. 52, section 153); K.S.A 17-5902; K.S.A. 1991 Supp. 17-5903; 17-5904; K.S.A. 17-7301; 17-7303; K.S.A. 1991 Supp. 60-308.
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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During the 1982 session of the Legislature, both Senate Bill Nos. 559 and 595 were enacted into law. As each of the two measures contains a section amending K.S.A. 16a-2-401, they should, if possible, be considered together in order to give effect to both. In that they alter different subsections of the statute, the two measures are not in conflict. Even though the changes made by S.B. No. 595 are not reflected in S.B. No. 559, K.S.A. 16a-2-401 may be read to include the changes made by both acts. Cited herein: K.S.A. 16a-2-201, 16a-2-401, 1982 Senate Bill No. 559, 1982 Senate Bill No. 595.
Author: Robert T. Stephan
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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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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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K.S.A. 1990 Supp. 25-4153a prohibits contributions (to legislators, candidates for legislative seats, and their committees) by registered lobbyists or political committees while the legislature is in session. This prohibition is not a violation of First Amendment rights of free speech and freedom of association. Cited herein: K.S.A. 1990 Supp. 25-4153a; U.S. Const., First Amend.
Author: Robert T. Stephan
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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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The fact that the Topeka metropolitan transit authority's tax levy was established by charter ordinance does not relieve it from the provisions of the tax lid law, K.S.A. 79-5021 et seq., because the ordinance was passed prior to the enactment of the tax lid law and does not specifically designate the tax lid law as being made inapplicable to the levy. Cited herein: K.S.A. 12-2801; K.S.A. 1992 Supp. 79-5021; 79-5022; 79-5028; K.S.A. 79-5029; 79-5030; K.S.A. 1992 Supp. 79-5036; 79-5038, as amended by L. 1993, ch. 256, sec. 1; Kan. Const., art. 12, sec. 5.
