Attorney General Opinion No 1980 175

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Attorney General Opinion No. 1980-175

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (872 download)

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Book Synopsis Attorney General Opinion No. 1980-175 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1980-175 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Quitclaim deeds, which contain a reference to a lien on real property created by a court-approved separation agreement, are not "mortgages of real property," as defined in K.S.A. 79-3101, nor are they given as security for a debt. Such deeds, therefore, are not subject to the mortgage registration fee. However, contracts between a homeowners association and members thereof which provide for the payment of annual membership dues, and which further provide that if said annual dues are not paid, the amount thereof shall constitute a lien upon the member's real property, are "mortgages of real property" within the meaning of this statute. Thus, such contracts cannot be filed of record without payment of the mortgage registration fee. Attorney General Opinion No. 79-4 is hereby withdrawn. Cited herein: K.S.A. 58-2221, 79-3101.

Attorney General Opinion No. 1981-175

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (87 download)

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Book Synopsis Attorney General Opinion No. 1981-175 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-175 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Bonds issued for the purpose of paying the costs of constructing a long-term care facility pursuant to K.S.A. 1980 Supp. 19-1815e, as amended by section 1 of 1981 Senate Bill No. 213, are not subject to the bonded debt limits contained in K.S.A. 1980 Supp. 19-1869. Cited herein: K.S.A. 1980 Supp. 19-1801, K.S.A. 19-1815, K.S.A. 1980 Supp. 19-1815e (as amended by L. 1981, ch. 118, section 1), 19-1869.

Attorney General Opinion No. 1982-175

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (866 download)

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Book Synopsis Attorney General Opinion No. 1982-175 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1982-175 written by Robert T. Stephan and published by . This book was released on 1982 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 1981 Supp. 8-1567(c), as amended by section 5 of Senate Bill No. 699, establishes penalties for persons convicted of their first violation of the statute. Prior to the 1982 amendment, the subsection authorized a court to punish first time violators by imposing a specified jail sentence or a specified fine, "or by both such fine and imprisonment." In the amended statute, the word "and" replaces the word "or" between the term of imprisonment and the amount of the fine, although the phrase "or by both such fine and imprisonment" is retained. In that the intent of the legislature in altering the disjunctive "or" to the conjunctive "and" was to require both forms of punishment, the additional phrase allowing such is now mere verbiage, and adds nothing to the statute. Cited herein: K.S.A. 1981 Supp. 8-1567, as amended by L. 1982, ch. 144, section 5.

Attorney General Opinion No. 1986-175

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (845 download)

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Book Synopsis Attorney General Opinion No. 1986-175 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1986-175 written by Robert T. Stephan and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Immunity granted by a county attorney pursuant to a plea bargaining agreement is not necessarily binding on another county attorney. Evidence independent of that testified to by the defendant may be used by another county attorney in a prosecution of the defendant. Cited herein: K.S.A. 1985 Supp. 19-702; K.S.A. 22-3415.

Attorney General Opinion No. 1983-175

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (863 download)

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Book Synopsis Attorney General Opinion No. 1983-175 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-175 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 1982 Supp. 79-201k, which exempts aircraft used actually, regularly and exclusively in business or industry from property or ad valorem taxes, is not unconstitutional as a matter of law on the ground that the law lacks a rational basis. Cited herein: K.S.A. 1982 Supp. 79-201k, Kan. Const., Bill of Rights section 1, U.S. Const., Amend. XIV.

Attorney General Opinion No. 1979-175

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (877 download)

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Book Synopsis Attorney General Opinion No. 1979-175 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1979-175 written by Robert T. Stephan and published by . This book was released on 1979 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A person who has been granted "permission" to use a private lane as a "means of approaching" a public highway has, within the means of K.S.A. 68-117, been provided access from such person's land to the public highway. Thus, as long as this access continues such person is not landlocked and is not entitled to petition the board of county commissioners for a road from the public highway through the adjoining lands to such person's property.

Attorney General Opinion No. 1985-175

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (857 download)

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Book Synopsis Attorney General Opinion No. 1985-175 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1985-175 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Electric cooperatives organized pursuant to K.S.A. 17-4601 e̲t̲ s̲e̲q̲., are non-profit corporations formed for the purpose of supplying electric energy to their members and promoting and extending the use of such energy. They are private business corporations which are owned and controlled by the members who receive their services. Such cooperatives are not legislative or administrative bodies or agencies of the state or its political and taxing subdivisions, and do not receive or expend public funds. Accordingly, they are not subject to the requirements of the Kansas Open Meetings Act. Cited herein: K.S.A. 17-4602; 17-4606; 17-4608; 17-4609; 17-4610; 17-4612; 17-4613; 17-4614; K.S.A. 75-4317; 75-4318, as amended by L. 1985, Ch. 284.

Attorney General Opinion No. 1980-244

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (874 download)

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Book Synopsis Attorney General Opinion No. 1980-244 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1980-244 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A fundamental right of every creditor is that of set-off. Thus, where the State of Kansas and another party are mutually-indebted for liquidated amounts, the state as a creditor may exercise such right of set-off. The exercise of such right does not compromise the integrity of the appropriation process. The director of accounts and reports is both impliedly and explicitly empowered by statute to exercise the right of set-off in the state's behalf. However, because requisite "state action" exists, such right must be exercised in consonance with the dictates of the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution. Affirming Attorney General Opinion No. 75-408, but modifying Attorney General Opinion No. 78-297. Cited herein: K.S.A. 75-3731; L. 1980, ch. 260, section 1; Kan. Const., Art. 2, section 24; 20 U.S.C.A. section 1232g; U.S. Const., Amend. XIV.

Attorney General Opinion No. 1981-122

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (869 download)

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Book Synopsis Attorney General Opinion No. 1981-122 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-122 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Since no other disposition of the Antique Vehicle Tax Registration fee imposed by subsection (b) of K.S.A. 1980 Supp. 8-167 is specifically prescribed by law, said fee is to be credited to the county's general fund. Cited herein: K.S.A. 1980 Supp. 8-145, 8-167, 28-175, 28-315, K.S.A. 28-617, K.S.A. 1980 Supp. 28-1006, L. 1980, ch. 325, section 7.

Attorney General Opinion No. 1980-261

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (874 download)

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Book Synopsis Attorney General Opinion No. 1980-261 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1980-261 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In the absence of statutory or case law prohibition, marriages in which one party is represented by a proxy at the time of the ceremony are legal in Kansas. In addition to complying with general statutory requirements established by K.S.A. 23-101 e̲t̲ s̲e̲q̲., the party who is to be represented by a proxy at the ceremony must confer a power of attorney on the latter to act on his or her behalf. Cited herein: K.S.A. 23-104a, K.S.A. 1979 Supp. 23-106, 23-301, L. 1980, ch. 106, section 1.

Attorney General Opinion No. 1981-118

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (869 download)

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Book Synopsis Attorney General Opinion No. 1981-118 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-118 written by Robert T. Stephan and published by . This book was released on 1981 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 1980 Supp. 31-134(b) provides that the rules and regulations adopted by the state fire marshal shall be of uniform force and effect throughout the state. Pursuant to this statute, K.A.R. 1980 Supp. 22-3-1 adopts by reference the 1976 edition of the Life Safety Code, containing sections which regulate structures having combined mercantile and residential occupancies. For the purposes of enforcement, K.S.A. 1980 Supp. 31-139 gives the state fire marshal and those persons designated by K.S.A. 1980 Supp. 31-137, the authority to inspect buildings subject to the code. If admittance to a building subject to the Code is denied, a search warrant, which may be issued ex parte, must be obtained prior to entry. Cited herein: K.S.A. 1980 Supp. 31-133, 31-134, 31-137, 31-139, K.A.R. 1980 Supp. 22-3-1, U.S. Const., Amend. IV.

Attorney General Opinion No. 1980-165

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (872 download)

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Book Synopsis Attorney General Opinion No. 1980-165 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1980-165 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The provisions of K.S.A. 12-708, relating to protests against zoning amendments, are mandatory, and the City of Merriam must allow a full fourteen-day period for the filing of protests before taking any action upon a recommendation of the planning commission. Cited herein: K.S.A. 12-708.

Attorney General Opinion No. 1980-094

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (871 download)

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Book Synopsis Attorney General Opinion No. 1980-094 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1980-094 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: By virtue of 12 U.S.C.A. section 484, national banks are insulated from "visitorial powers" other than those specifically authorized by law. As a result, even though a national bank has obtained a license from the Consumer Credit Commissioner to make supervised loans under the Uniform Consumer Credit Code, the Commissioner is precluded from examining or investigating any such national bank under authority of K.S.A. 16a-2-305(1), as such would constitute the exercise of "visitorial powers." Moreover, predicated on the judicial constructions of 12 U.S.C.A. section 85 (prescribing maximum rates for national banks), it is unnecessary for a national bank to be so licensed in order to charge the higher interest rates authorized for "licensed" supervised lenders by K.S.A. 1979 Supp. 16a-2-401(2). Cited herein: K.S.A. 16a-1-30(38), (39), (40)(as amended by section 4 of 1980 Senate Bill No. 731), K.S.A. 16a-2-301, 16a-2-304(2) and 16a-2-305(1), K.S.A. 1979 Supp. 16a-2-401(2), 12 U.S.C.A. sections 85, 484 and 12 C.F.R. sections 7.6025, 7.7310(a).

Attorney General Opinion No. 1980-252

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (874 download)

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Book Synopsis Attorney General Opinion No. 1980-252 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1980-252 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A police officer has express authorization stated in the law to impound a vehicle driven by a defendant arrested under certain circumstances. However, even though such officer is responsible for taking appropriate measures to protect the property of an arrested person, the question of whether the officer's failure to impound such vehicle constitutes a breach of duty, creating an exposure to tort liability, must be resolved by a competent trier of fact in light of all relevant facts and circumstances. Cited herein: K.S.A. 8-1570, K.S.A. 1979 Supp. 75-6103.

Attorney General Opinion No. 1980-140

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (871 download)

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Book Synopsis Attorney General Opinion No. 1980-140 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1980-140 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Even though the president of the United States may have authority to delegate powers and duties to the governor, the president has no constitutional power to compel the governor's acceptance of such delegation. Moreover, under our constitutional form of government, the governor has no inherent power separate and apart from our state's constitution, and the authority of the governor must be derived from the specific grants of power to the governor in the constitution and in the laws duly enacted by the legislature thereunder. Thus, as respects powers and duties delegated to the governor by the president, the governor's ability to accept such delegation is dependent upon the existence of specific constitutional or statutory provisions providing such authority, or upon such authority as is to be reasonably and necessarily implied therefrom. Cited herein: Kan. Const., Art. 1, sections 3, 7; 15 U.S.C.A. sections 751 e̲t̲ s̲e̲q̲., 42 U.S.C.A. sections 8501 e̲t̲ s̲e̲q̲.

Attorney General Opinion No. 1980-233

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (874 download)

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Book Synopsis Attorney General Opinion No. 1980-233 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1980-233 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to L. 1980, ch. 72, section 3, "personal liability" is imposed upon boards of public utilities and their employees in certain circumstances. Such imposition of "personal liability" does not violate constitutional requirements of equal protection and due process, and is not invalid or unenforceable on the ground of vagueness. Employees of a board of public utilities and board members are not entitled to be indemnified or defended against the personal liability imposed by L. 1980, ch. 72, section 3. Cited herein: K.S.A. 13-1220, K.S.A. 1979 Supp. 13-1221, 13-1223, 13-1227, 13-1228, 13-1258, K.S.A. 13-1271, K.S.A. 1979 Supp. 75-6101; L. 1980, ch. 72, sections 3, 7, 8, 14, 19, and 22; Kan. Const., Bill of Rights sections 1, 2; and U.S. Const., Fourteenth Amendment.

Attorney General Opinion No. 1980-102

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (871 download)

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Book Synopsis Attorney General Opinion No. 1980-102 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1980-102 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Matters involving specific persons under K.S.A. 75-4319(b)(1) and (5) may be discussed in executive session so long as no binding action is taken. However, investigations and research projects affecting groups of persons generally but not specifically, are not the proper subjects of a closed meeting, unless discussion concerns a subject matter otherwise specifically permitted to be considered in closed or executive session by 75-4319(b). Cited herein: K.S.A. 1979 Supp. 74-7401, 74-7402,74-7403, K.S.A. 75-4317, K.S.A. 1979 Supp. 75-4318, K.S.A. 75-4319.