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Attorney General Opinion No 1981 076
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Book Synopsis Attorney General Opinion No. 1981-076 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-076 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: Pursuant to Section 2 of the City of La Cygne's Charter Ordinance No. 1056, at the regular city election held in April, 1979, and at each such election held every four years thereafter, a mayor is to be elected to serve a four-year term of office.
Book Synopsis Attorney General Opinion No. 1982-076 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1982-076 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: The county treasurer has control over the means by which the duties imposed under the state motor vehicle registration laws are to be fulfilled. Thus, the county treasurer, and not the board of county commissioners, has the authority to fix the salaries of the necessary help needed to fulfill those duties. However, the county has no responsibility or authority to give financial assistance to the county treasurer in regard to the administration of the state motor vehicle registration laws. The financial resources available to the county treasurer to administer these laws are confined, by K.S.A. 1981 Supp. 8-145, to the amount deposited in the special fund provided for in that statute. (Attorney General Opinion No. 77-39 is withdrawn.) Cited herein: K.S.A. 1981 Supp. 8-145.
Book Synopsis Attorney General Opinion No. 1981-195 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-195 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: Funds generated in the operation of college and university dormitories for which revenue bonds remain outstanding are to be placed in custodial accounts and invested by the pooled money investment board as "surplus reserves," unless otherwise required by bond agreements. Income in the form of interest on such accounts is to be credited to the custodial account generating such income and is not to be placed in the state general fund, unless otherwise required by bond agreements. Cited herein: K.S.A. 75-4201, 75-4210a, 75-4251, 75-4252, 75-4253, 75-4255, 76-161, 76-6a01, 76-6a05, 76-6a12, 76-6a15, 76-6a21.
Book Synopsis Attorney General Opinion No. 1981-154 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-154 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: Student rentals and fees collected pursuant to K.S.A. 76-6a05 and delivered to the custody of the State Treasurer pursuant to K.S.A. 76-6a06 are custodial moneys within the meaning of the State Moneys Law, K.S.A. 75-4201 e̲t̲ s̲e̲q̲. As such, these moneys are to be placed in custodial bank accounts arranged for by the Pooled Money Investment Board pursuant to K.S.A. 75-4213. Cited herein: K.S.A. 75-4201, 75-4213, 75-4214, 76-6a01, 76-6a05, 76-6a06.
Book Synopsis Attorney General Opinion No. 1981-045 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-045 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: There are no statutory obstacles to an election commissioner also holding the office of mayor of a city of the second class. Moreover, the common law doctrine of incompatibility of offices does not preclude such simultaneous incumbencies.
Book Synopsis Attorney General Opinion No. 1981-201 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-201 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 deposited in the state treasury and credited to the "forestry, fish and game commission fee fund" are not custodial moneys within the meaning of the State Moneys Law, K.S.A. 75-4201 e̲t̲ s̲e̲q̲. Interest earned on such moneys must be credited to the state general fund, pursuant to the provisions of K.S.A. 75-4210a. Cited herein: K.S.A. 1980 Supp. 2-205; K.S.A. 2-2609, 8-267; K.S.A. 1980 Supp. 44-712; K.S.A. 49-420, 65-423, 72-6110, 74-3304, 75-3615, 75-3712; K.S.A. 1980 Supp. 75-4201; K.S.A. 75-4202, 75-4210a, 75-4252, 75-4255, 76-6a05, 76-6a06.
Book Synopsis Attorney General Opinion No. 1981-106 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-106 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 provisions of the Kansas Open Meetings Law preclude the election of the acting president of the City Council of Merriam by secret ballot. Cited herein: K.S.A. 1980 Supp. 75-4318.
Book Synopsis Attorney General Opinion No. 1981-176 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-176 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 common law doctrine of incompatibility of offices precludes a school board member from simultaneously holding the office of county commissioner or the office of mayor of a third class city with a mayor-council form of government. Cited herein: K.S.A. 13-2002, 14-301, 14-1402 and 15-301.
Book Synopsis Attorney General Opinion No. 1981-164 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-164 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: Neither the provisions of K.S.A. 1980 Supp. 19-1803, nor the common law doctrine of incompatibility of offices, precludes a person from concurrently serving on the board of trustees of a county hospital and on the board of education of a local school district. Cited herein: K.S.A. 1980 Supp. 19-1803.
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.
Book Synopsis Attorney General Opinion No. 1981-191 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-191 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: A municipal ordinance which increases rates for electricity furnished by a municipal utility may not be applied retroactively, since such action violates federal and state constitutional prohibitions against laws impairing the obligation of contract. Cited herein: K.S.A. 12-3007.
Book Synopsis Attorney General Opinion No. 1981-044 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-044 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: Through the imposition of fines for unlawful conduct, K.S.A. 1980 Supp. 8-1901(d) imposes criminal liability. In addition, subsection (a) of that statute does not appear to violate the United States Constitution's Equal Protection Clause, although it only imposes liability upon a limited class of persons. Moreover, that subsection appears to convey a sufficiently definite warning as to the conduct proscribed therein, so as to avoid being unconstitutionally vague and uncertain. Cited herein: K.S.A. 1980 Supp. 8-1901, 8-1909, K.S.A. 8-2116, 8-2204, 21-3105, K.S.A. 1980 Supp. 21-4503, U.S. Const., Amend. XIV.
Book Synopsis Attorney General Opinion No. 1981-283 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-283 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: L. 1981, Ch. 156 section 2(g) does not require that an inmate convicted of a class A, B or C felony by reason of aiding, Abetting, advising or counseling another to commit a crime, or by reason of the principle provided for in subsection (2) of K.S.A. 21-3205, serve one-half of the minimum term of imprisonment imposed by the court. Rather, the law requires that the inmate serve one-half of the term of imprisonment which would be required had not the aiding, abetting, etc. come into play. Thus, on a class A felony conviction, parole eligibility would occur after seven and one-half years of confinement and on a class B or C felony conviction, parole eligibility would occur after service of one-half of the minimum sentence imposed less good time credits available. Cited herein: L. 1981, Ch. 156.
Book Synopsis Attorney General Opinion No. 1981-027 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-027 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: To be consistent with requirements of the United States Constitution, the provisions of K.S.A. 72-5393 can, and must, be construed as neither requiring nor authorizing the provision of therapeutic psychological and speech and hearing services, at public expense and by public employees, on parochial school premises. Instead, said provisions must be construed as requiring that such services be provided at the "truly religiously neutral locations" specified in the statute, i.̲e̲.̲, in the public schools of the school district, in public centers, or in mobile units located off the parochial school premises. Cited herein: K.S.A. 72-5392, 73-5393, U.S. Const., Amend. I, XIV.
Book Synopsis Attorney General Opinion No. 1981-216 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-216 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: Unlike Kansas cities and counties which exercise constitutional or statutory "home rule" powers, school districts are creatures of statute and, as such, enjoy only those powers expressly conferred, by law, together with those implied powers which are necessary for the effective exercise and discharge of the powers and duties expressly conferred. No statutory authority exists, either expressly conferred or necessarily implied, authorizing the expenditure of school districts funds to contribute to a lobbying effort on a proposed state-wide severance tax. Cited herein: K.S.A. 1980 Supp. 19-101a, K.S.A. 19-101c, 72-1612, 72-1623, 72-5326, 72-8205, Kan. Const., Art. 12, section 5.
Book Synopsis Attorney General Opinion No. 1981-214 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-214 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: Because of the doctrine of incompatibility of offices, a council member of a city of the second class may not also hold the position of director on a city port authority board created pursuant to K.S.A. 1980 Supp. 12-3401 e̲t̲ s̲e̲q̲. Cited herein: K.S.A. 1980 Supp. 12-3401, K.S.A. 12-3403, 14-101, 14-1060.
Book Synopsis Attorney General Opinion No. 1981-222 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-222 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: For criminal conduct which the State has declared to constitute a felony, municipalities may not exercise concurrent jurisdiction by redefining such offense as a misdemeanor in violation of municipal ordinance. Cited herein: K.S.A. 21-3707, 21-3102, 21-3108, K.S.A. 1980 Supp. 12-4104, 22-2601.
