Attorney General Opinion No. 1996-088 PDF Download
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Author: Carla J. Stovall
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Languages : en
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County treasurers are not authorized to assess fees in excess of those prescribed by statute for "priority processing" of applications for certificates of title. Cited herein: K.S.A. 8-129; K.S.A. 1995 Supp. 8-135, 8-135a, 8-139, 8-145, 8-170, 8-171, 8-198 and 74-2013, as amended by L. 1996, ch. 260, sections 1-8.
Author: Carla J. Stovall
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Languages : en
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County treasurers are not authorized to assess fees in excess of those prescribed by statute for "priority processing" of applications for certificates of title. Cited herein: K.S.A. 8-129; K.S.A. 1995 Supp. 8-135, 8-135a, 8-139, 8-145, 8-170, 8-171, 8-198 and 74-2013, as amended by L. 1996, ch. 260, sections 1-8.
Author: Robert T. Stephan
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Languages : en
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Section 2(b)(10) of chapter 150 of the 1991 Session Laws does not preclude endorsements by a newspaper, the publisher and editor of which is a member of the commission on governmental standards and conduct. Cited herein: L. 1991, ch. 150, section 2.
Author: Carla J. Stovall
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Languages : en
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Amendments to the Nurse Practice Act stating that no license shall be granted to a certain class of felons apply only to applicants for new licenses after the effective date of the amendment. The class of felonies, however, is not limited by time, and applies to felonies occurring before the effective date of the amendment. This limit on licensure is a rational exercise of the state's police power and is not prohibited by the ex post facto clause of the United States Constitution. Cited herein: K.S.A. 1996 Supp. 65-1120 as amended by 1997 S.B. 14, section 4; K.S.A. 65-1117; U.S. Const., Article 1, section 10, Amend. XIV.
Author: Carla J. Stovall
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Languages : en
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The Kansas Supreme Court has the inherent power to prescribe conditions for admission to the bar and to regulate and control the practice of law. While there are statutes that relate to the practice of law, such statutes are effective only when in accord with the inherent power of the judiciary. Both K.S.A. 44-536(a) and rule 1.5(d) of the Kansas model rules of professional conduct adopted by Supreme Court rule 226 deal with how attorney fees in contingent fee cases are calculated. Because both the court's rule and the statute are intended to achieve the same goal, the legislation does not have a deleterious impact on the court's function. For this reason, K.S.A. 44-536(a) does not amount to a usurpation of power in contravention of the separation of powers doctrine and therefore is a statutory enactment which the court would sanction as in accord with the court's inherent power to regulate and control the practice of law. Cited Herein: K.S.A. 7-103; 7-104; 7-106; 7-108; 7-109; 7-111; K.S.A. 1995 Supp. 7-121b; K.S.A. 44-510c; 44-521; 44-531; 44-536.
Author: Carla J. Stovall
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Languages : en
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A unified school district may not enter into a contract the provisions of which require the unified school district to incur liability greater than that established under the Kansas tort claims act, K.S.A. 75-6101 et seq., or which require the unified school district to secure payment of its obligations in any manner other than those set forth in state statute. Cited herein: K.S.A. 60-1111; 72-8201; 72-8416; 75-6101; 75-6103; K.S.A. 1995 Supp. 75-6104; K.S.A. 75-6111; 75-6401; 75-6402; 75-6403; L. 1979, ch. 186, sections 1-15.
Author: Carla J. Stovall
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Languages : en
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Government imposed content-based restrictions on speech are generally impermissible under the first amendment. However, a carefully crafted racial and sexual discrimination and harassment policy that is directed at conduct violative of title VI, title VII or title IX may indirectly regulate speech that is "swept up incidentally within" the policy's reach. Cited herein: 20 U.S.C.A. section 1681; 42 U.S.C.A. sections 2000d, 2000e; 29 C.F.R. section 1604.11.
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 participating member of a rural water district created pursuant to K.S.A. 82a-612 et seq. is defined as an individual, firm, partnership, association or corporation which owns land located within a district and which has subscribed to one or more benefit units of such district. The organizations which meet this definition must (in accordance with the statutes and bylaws under which they are organized) designate an officer, agent or employee as an eligible voter in district meetings. The designees may additionally serve on the board of directors in the same manner that any other participating member qualifies to do so. Cited herein: K.S.A. 82a-612; 82a-617; 82a-618.
Author: Carla J. Stovall
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Languages : en
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Because section 11(d) of 1996 senate bill no. 585 provides for a substantive rather than a procedural or remedial change, and in the absence of legislative intent that it operate retroactively, in our opinion it should be applied prospectively to felony drug offenses committed after July 1, 1996 and not retroactively to felony drug offenses committed on or after July 1, 1993 but before July 1, 1996 even if the sentencing occurs after July 1, 1996. Cited herein: K.S.A. 21-4705, as amended by 1996 SB 585.
Author: Robert T. Stephan
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Languages : en
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Personnel of a private security agency are not law enforcement officers within the meaning of the Kansas Code of Criminal Procedure or the Code of Procedure for Municipal Courts. The enforcement powers of such personnel are limited to the authority vested in private persons for the enforcement of state laws and city ordinances.
