Attorney General Opinion No. 1980-221

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Book Synopsis Attorney General Opinion No. 1980-221 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1980-221 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 county has no authority to adopt a charter resolution by which the county would exempt itself from the provisions of K.S.A. 1979 Supp. 65-3410, since that section is part of an act of the legislature uniformly applicable to all counties. However, the waste disposal fee system authorized by that section is not mandated. The provision is permissive, and the county may exercise its home rule power to levy a tax to finance its waste collection system, pursuant to the procedure prescribed by K.S.A. 1979 Supp. 19-117. Cited herein: K.S.A. 1979 Supp. 19-101a, as amended by L. 1980, chs. 84, 85, 19-117, K.S.A. 65-3401, K.S.A. 1979 Supp. 65-3405, 65-3410.

Attorney General Opinion No. 1981-221

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Book Synopsis Attorney General Opinion No. 1981-221 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-221 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: Moneys in the special alcohol programs fund created by K.S.A. 1980 Supp. 79-41a04 may not be expended for capital improvements. Cited herein: K.S.A. 1980 Supp. 79-41a04.

Attorney General Opinion No. 1981-210

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Book Synopsis Attorney General Opinion No. 1981-210 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-210 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: Based on essentially the same rationale expressed in Attorney General Opinion No. 81-158, which concluded that section 521 of P.L. 96-221, the Depository Institutions Deregulatory and Monetary Control Act of 1980, accords most favored lender status to state-chartered, federally-insured banks, section 522 of that act accords most favored lender status to state-chartered, federally-insured savings and loan associations. By virtue of that status, state savings and loan associations in Kansas may charge interest (other than in connection with a mortgage of residential real property) at a rate which is the greatest of the following: (1) the rate permitted state savings and loan associations under Kansas law; (2) one percent over the federal reserve ninety-day discount rate; or (3) the highest rate available to lenders generally pursuant to the laws of Kansas. Cited herein: K.S.A. 1980 Supp. 16-207a, 12 U.S.C. sections 85, 1724, 1730g, 1831d, P.L. 96-221, sections 501, 521, 522, 523, 12 C.F.R. section 570.11.

Attorney General Opinion No. 1981-158

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Book Synopsis Attorney General Opinion No. 1981-158 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-158 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: The "most favored lender" doctrine established under 12 U.S.C. section 85 permits national banks to charge the maximum rate of interest permitted under state law to any competing lender. Section 521 of P.L. 96-221, the Depository Institutions Deregulatory and Monetary Control Act of 1980, accords most favored lender status to state-chartered, federally-insured banks. Thus, by virtue of the most favored lender doctrine and the express provisions of said section 521 (12 U.S.C. section 1831d), state banks in Kansas may charge interest at a rate which is the greatest of either: (1) one percent over the discount rate on ninety-day commercial paper in effect at the federal reserve bank in the federal reserve district where the bank is located; (2) the rate specifically prescribed for state banks by the laws of Kansas; or (3) the highest rate available to lenders generally pursuant to the laws of Kansas. Additionally, interest rates on agricultural and business loans of $1,000 or more have been preempted by federal legislation, and such rates are now prescribed by section 324 of P.L. 96-399. Cited herein: K.S.A. 1980 Supp. 16a-2-401, as amended by section 1 of 1981 House Bill No. 2578, L. 1980, ch. 76, section 1, 12 U.S.C. sections 85, 86a, 1831d, P.L. 96-221, sections 501, 511, 512, 521, 522, 523, 525, P.L. 96-399, section 324, 12 C.F.R. section 7.7310.

Attorney General Opinion No. 1978-221

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Book Synopsis Attorney General Opinion No. 1978-221 by : Curt Thomas Schneider

Download or read book Attorney General Opinion No. 1978-221 written by Curt Thomas Schneider and published by . This book was released on 1978 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A city may make expenditures from its industrial fund, created pursuant to K.S.A. 12-1617i, for the purpose of inducing a company which is already located there to locate an expansion or addition to its facilities in that city rather than elsewhere.

Attorney General Opinion No. 1980-189

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Book Synopsis Attorney General Opinion No. 1980-189 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1980-189 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: Real estate brokers and salespersons who have been continuously and actively licensed in this state for a period of five or more years immediately prior to July 1, 1980, are not required to submit evidence of "continuing education" under the provisions of Section 13(g) of the Real Estate Brokers' and Salespersons' License Act [L. 1980, Ch. 164, section 13(g)]. A real estate broker or salesperson need not have been continuously and actively engaged in the real estate business for the subject period of time in order to qualify for the exemption created by the aforesaid section. Cited herein: L. 1980, Ch. 164, 12(b) and 13(g).

Attorney General Opinion No. 1987-025

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Book Synopsis Attorney General Opinion No. 1987-025 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-025 written by Robert T. Stephan and published by . This book was released on 1987 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the Kansas Open Records Act (KORA), K.S.A. 45-215 e̲t̲ s̲e̲q̲., a record which is made, maintained, kept by, or in the possession of a public agency must be open for inspection by any person unless it falls within one of the categories of records which is not required to be disclosed or disclosure of which is specifically prohibited by statute. K.S.A. 45-217(f)(1); 45-221(a). Records compiled in the process of preventing, detecting or investigating violations of criminal law are not subject to mandatory disclosure. K.S.A. 45-221(a)(10). A "jail book" which lists persons who are placed in jail and contains information of a general nature is not a criminal investigation record and thus must be open for public inspection. The front page of the standard offense report is also subject to disclosure. Mug shots, however, are criminal investigation records which may be closed to the public. Cited herein: K.S.A. 19-1904; K.S.A. 1986 Supp. 22-4701; K.S.A. 38-1601; 38-1608; 45-215; 45-217; 45-221.

Attorney General Opinion No. 1981-118

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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. 1981-200

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Book Synopsis Attorney General Opinion No. 1981-200 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-200 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: The conclusion reached in Attorney General Opinion No. 81-158, that a state's interest rate limitations on business and agricultural loans of $1,000 or more have been preempted by federal legislation, is affirmed. However, because such preemption is operative only if the federally-prescribed interest rate limitation exceeds a state's limitation, such preemptive interest rate is not applicable in Kansas, since Kansas statutes no longer impose any interest rate limitations on business and agricultural loans. Cited herein: K.S.A. 1980 Supp. 16-207 (as amended by L. 1981, ch. 88, section 1), 16a-1-301 (as amended by L. 1981, ch. 93, section 5), 12 U.S.C.A. section 86a, P.L. 96-221, section 521, P.L. 96-399, section 324.

Attorney General Opinion No. 1980-252

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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. 1980-094

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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. 1980-261

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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. 1988-117

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Book Synopsis Attorney General Opinion No. 1988-117 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1988-117 written by Robert T. Stephan and published by . This book was released on 1988 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The letter of notice sent by the Clerk of the Supreme Court to attorneys who fail to register and pay the fee for renewal of their license by July 1 each year, and the return receipt are public records as that term is defined by the Kansas open records act (KORA), K.S.A. 45-215 et seq. These documents are subject to mandatory disclosure as the letter constitutes correspondence intended to give notice of an action relating to a regulatory and enforcement responsibility of the Clerk's office. K.S.A. 1987 Supp. 45-221(a)(14). The list of attorneys certified by the clerk to the Supreme Court who have failed to register and pay the fee, and an order of the Supreme Court suspending an attorney from the practice of law for that reason are also public records which must be disclosed to the public upon request. Cited herein: K.S.A. 45-215; 45-216; 45-217; K.S.A. 1987 Supp. 45-221.

Attorney General Opinion No. 1980-158

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Book Synopsis Attorney General Opinion No. 1980-158 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1980-158 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 common law doctrine of incompatibility of offices does not preclude a county commissioner from concurrently being employed as a filter plant operator by the city water department of a city located within the county where the commissioner holds office. Cited herein: K.S.A. 1979 Supp. 19-205.

Opinions of the Attorney General of California

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ISBN 13 :
Total Pages : 436 pages
Book Rating : 4.3/5 (243 download)

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Book Synopsis Opinions of the Attorney General of California by : California. Department of Justice

Download or read book Opinions of the Attorney General of California written by California. Department of Justice and published by . This book was released on 1985 with total page 436 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Opinions of the Attorney General of California

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ISBN 13 :
Total Pages : 404 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Opinions of the Attorney General of California by : California. Office of the Attorney General

Download or read book Opinions of the Attorney General of California written by California. Office of the Attorney General and published by . This book was released on 1962 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Opinions of the Attorney General

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Total Pages : 164 pages
Book Rating : 4.3/5 (243 download)

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Book Synopsis Opinions of the Attorney General by : Kansas. Office of the Attorney General

Download or read book Opinions of the Attorney General written by Kansas. Office of the Attorney General and published by . This book was released on 1981 with total page 164 pages. Available in PDF, EPUB and Kindle. Book excerpt: