Attorney General Opinion No. 1984-028 PDF Download

Author: Robert T. Stephan
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Languages : en
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The legislature may, even in the absence of any finding of imprudence, mismanagement, or lack of efficiency, permit the State Corporation Commission to phase-in the reasonable value of public utility property, where said property is found to represent excess capacity. Further, carrying and finance costs associated with public utility property representing excess capacity may be excluded from the rate base, without regard to any determination of whether the decision to construct the property was prudent. Cited herein: K.S.A. 66-128, 1984 House Bill No. 2927.

Author: Robert T. Stephan
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Languages : en
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The Kansas Bureau of Investigation has both the authority and the duty to oversee and control the collection and dissemination of criminal history record information at the state level. This responsibility includes management control over DISC as part of the criminal justice information system relating to the collection, storage and dissemination of criminal history record information. Cited herein: K.S.A. 1983 Supp. 22-4705(d), K.S.A. 1983 Supp. 22-4701(d), K.S.A. 22-4704, K.A.R. 10-14-1, 42 U.S.C. 3771, 28 C.F.R. 20, 42 U.S.C. 3701.

Author: Robert T. Stephan
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Languages : en
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The Crime Victims Reparations Board is required to record proceedings in the event of a disputed claim, and such record of proceedings is available for inspection upon the request of any citizen. However, unless information retained by the Board regarding a claimant is included in such a record of proceedings, the Board is not required to make such information available for public inspection. Cited herein: K.S.A. 74-7307, K.S.A. 1980 Supp. 45-201.

Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Author: Robert T. Stephan
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Languages : en
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There is no statutory authority whereby a district magistrate judge or municipal court judge may assess a defendant for "room and board" costs associated with his or her confinement in a city or county jail. However, where the legislature enacts a statute so providing, the state or a subdivision thereof may initiate proceedings against a prisoner for reimbursement of the expenses attributable to his incarceration. Cited herein: K.S.A. 1983 Supp. 8-1008, 8-1567, K.S.A. 12-4106, 12-4112, 12-4411, 12-4509, 21-4603, K.S.A. 1983 Supp. 22-3801, K.S.A. 22-3803, 28-172a(d).

Author: Curt Thomas Schneider
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Languages : en
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The use of codes to transmit non-conviction data for investigative or intelligence purposes by voice over the radio appears to be a reasonable precaution to be taken and within the guidelines set forth by the Department of Justice regulations governing the dissemination of criminal history record information as defined therein.

Author: Robert T. Stephan
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Languages : en
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The amendment of K.S.A. 12-1741b (by 1985 House Bill No. 2383) to create an exception relating to cities in Wyandotte County would result in that statute becoming part of an enactment which is nonuniform in application to cities, and therefore subject to charter ordinance adopted pursuant to Article 12, section 5 of the Kansas Constitution. However, other statutes within K.S.A. 12-1740 to 12-1749a (excluding K.S.A. 12-1741b) are parts of enactments which are uniformly applicable to all cities, and the uniformity of those acts would not be effected by the enactment of 1985 House Bill No. 2383. Cited herein: K.S.A. 12-1740, 12-1741b, 12-1749a; 1985 House Bill No. 2383; Kan. Const., Art. 12, section 5.

Author: Robert T. Stephan
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Languages : en
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No fee is authorized and no fee should be charged by a register of deeds when filing a judgment pursuant to K.S.A. 60-2201(b). Cited herein: K.S.A. 1984 Supp. 28-115; K.S.A. 60-2201.

Author: Carla J. Stovall
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Languages : en
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The requirement that a petition be filed in the office of the county or district attorney for an opinion regarding the legality of the form of the question is mandatory, and those signatures collected prior to meeting this requirement are invalid. Those signatures added to the petition after the petition was filed in the office of the county or district attorney pursuant to K.S.A. 25-3601 are not invalidated. Cited herein: K.S.A. 1994 Supp. 17-5908; K.S.A. 25-3601; 25-3602; L. 1992, ch. 194, section 2.

Author: Robert T. Stephan
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Languages : en
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The provisions of subsections (c) and (d) of K.S.A. 1983 Supp. 77-426, which allow the legislature to reject, modify or revoke an administrative rule and regulation by means of the adoption of a concurrent resolution, are unconstitutional. Such action by the legislature is an unlawful usurpation of the governor's constitutional power to administer and enforce the laws. Such action violates the constitutional doctrine of separation of powers. In addition, the legislative oversight mechanism prescribed in subsections (c) and (d) of K.S.A. 1983 Supp. 77-426 is unconstitutional for the reason that it attempts to authorize the legislature to make law, without following the mandatory procedures of the Kansas Constitution. The Kansas constitution requires that any law be enacted only by bill [not by resolution or concurrent resolution]; that every bill contain the constitutionally-specified enacting clause; and that all bills passed by the legislature be presented to the governor for approval or disapproval. The procedure set forth in subsections (c) and (d) of K.S.A. 1983 Supp. 77-426 does not meet these constitutional requirements and is unconstitutional. Cited herein: K.S.A. 1983 Supp. 77-426; Kan. Const., Art. 2, sections 14, 20.