Attorney General Opinion No 1984 009

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Attorney General Opinion No. 1984-009

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. 1984-009 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1984-009 written by Robert T. Stephan and published by . This book was released on 1984 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A person convicted of the offense of driving while under the influence of alcohol or drugs for the second, third or more times is subject to the mandatory sentencing provisions of K.S.A. 1983 Supp. 8-1567(d) and (e). While a person so convicted shall not be eligible for release on probation or suspension of sentence until the minimum sentence has been satisfied, he or she may participate in a work release arrangement whereby the person may be released for the purpose of working at paid employment or participating in a job training program for a prescribed number of hours each day. Diversion agreements entered into between a defendant and a city attorney are filed with the municipal court, and include a stipulation of facts upon which the charge is based. In that such agreements regard violations of traffic ordinances, they are not covered by the Criminal History Record Information Act, K.S.A. 22-474 e̲t̲ s̲e̲q̲., and so are public records subject to the provisions of the Open Records Act, K.S.A. 1983 Supp. 45-205 e̲t̲ s̲e̲q̲. Cited herein: K.S.A. 1983 Supp. 8-1008, 8-1567, K.S.A. 12-4416, K.S.A. 1983 Supp. 21-4602, K.S.A. 22-4707, K.S.A. 1983 Supp. 45-206, 45-208, 45-211, 75-5267, K.S.A. 75-5269, K.A.R. 1982 Supp. 10-12-1, 10-12-2, 44-8-101, 44-8-103.

Attorney General Opinion No. 1984-125

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (858 download)

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Book Synopsis Attorney General Opinion No. 1984-125 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1984-125 written by Robert T. Stephan and published by . This book was released on 1984 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to K.S.A. 17-5601, the savings and loan commissioner has broad authority to authorize state chartered associations to engage in activities permitted to federal associations should the commissioner deem such activity reasonably required to preserve and protect the welfare of state associations and to promote competitive equality between state and federal associations. The ability of a federally chartered association to adopt a corporate title, as well as the activity of advertising, are regulated by the Federal Home Loan Bank Board (FHLBB) at 12 C.F.R. sections 543.1 and 563.27. As a result of these regulations and board interpretations, federal associations may use the word "banking" in their corporate titles, although the word "savings" must also be used. They may also use the words "banking" (as in "Do Your Banking With Us") and "bank" ("Bank With Us") in their advertising, provided also that the institution is identified as a savings association. In view of the power to engage in these activities which has been granted to federal associations, the savings and loan commissioner may utilize K.S.A. 17-5601 to equalize the powers of state associations with federal ones. However, for the reasons set forth in Attorney General Opinion No. 84-87, the commissioner may not authorize, nor may a state association use, the word "bank" in its title. Cited herein: K.S.A. 9-1715, 9-2011, 17-2244, 17-5101, 17-5222, 17-5601, 12 U.S.C.A. section 1726, P.L. 97-320, 12 C.F.R. sections 543.1, 547.1, 561.1, 563.27.

Attorney General Opinion No. 1984-084

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. 1984-084 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1984-084 written by Robert T. Stephan and published by . This book was released on 1984 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 25-1709 prohibits corporations carrying on the business of a bank from making contributions to political parties. As previously discussed in Attorney General Opinion No. 82-280, the "business of a bank" involves accepting deposits, allowing withdrawals, and paying interest on accounts. As a company which owns all or a portion of the stock of a bank is itself not engaged in the busines of banking, it is not subject to the prohibitions of the statute, and may make contributions to political campaigns or political parties, subject to applicable federal laws. Cited herein: K.S.A. 9-504, 9-505a, 9-701, K.S.A. 1983 Supp. 9-1101, as amended by L. 1984, ch. 48, section 4, K.S.A. 1983 Supp. 25-1709, K.S.A. 25-1710, 2 U.S.C.A. section 441b, 11 C.F.R. sections 114.1, 114.2.

Model Rules of Professional Conduct

Author : American Bar Association. House of Delegates
Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Attorney General Opinion No. 1984-102

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (858 download)

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Book Synopsis Attorney General Opinion No. 1984-102 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1984-102 written by Robert T. Stephan and published by . This book was released on 1984 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Article 11, Section 9 of the Kansas Constitution prohibits the state from being a "party" in carrying on works of "internal improvement," apart from four specific exceptions. One of these exceptions permits the state to be a party in - flood control works and works for the "conservation or development of water resources," with no limit on the amount of general obligation bonds which may be issued and no prohibition on the use of property tax revenues. Revenue bonds are not covered by the language of Article 11, Section 9, and may be issued regardless of any limits contained therein, in that the state is not a "party" which has incurred any indebtedness. Cited herein: Kansas Constitution, Article 11, sections 6, 7, 8, 9; Oklahoma Constitution, Article X, sections 14, 15.

Attorney General Opinion No. 1984-087

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. 1984-087 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1984-087 written by Robert T. Stephan and published by . This book was released on 1984 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 17-5226 provides that a state-chartered savings and loan association may change its name, with such change subject to the approval of the commissioner pursuant to K.S.A. 17-5227. Requirements for the name of a state-chartered association are set out at K.S.A. 17-5222, and include provisions that the words "savings" and "association" must be used, together with an "appropriate descriptive word or words." In view of K.S.A. 9-2011, which makes it unlawful for any corporation to advertise that is engaged in the banking business without being subject to the banking code, the word "bank" is not an appropriate descriptive word for use in the name of a savings and loan association chartered by the State of Kansas. While the commissioner has broad authority under K.S.A. 17-5601 to authorize state savings and loan associations to engage in activities permitted to federal associations, this authority does not extend to the creation of an entire new entity such as savings banks which do not exist under state law. Accordingly, the commissioner may not, through the issuance of a special order, modify K.S.A. 17-5222 to authorize a state-chartered savings and loan association to change its name to include the words "savings bank." Cited herein: K.S.A. 9-162 (repealed L. 1947, ch. 102), 9-702, 9-1715, 9-2011, 9-2016, 17-2244, 17-5101, 17-5222, 17-5226, 17-5227, 17-5601, 17-5606, 12 C.F.R. 547.1, P.L. 97-320.

Attorney General Opinion No. 1986-009

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (833 download)

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Book Synopsis Attorney General Opinion No. 1986-009 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1986-009 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: Pursuant to K.S.A. 40-2101 e̲t̲ s̲e̲q̲., the Kansas All-Industry Placement Facility is created to insure the availability of property insurance for residential, business and other properties which meet reasonable standards of insurability but for which insurance cannot be obtained through the regular insurance market. A governing board is established by K.S.A. 40-2102(e), the members of which are appointed by the commissioner of insurance to oversee operation of the facility and to review and prescribe operating rules on at least an annual basis. One such rule, K.A.R. 1984 Supp. 40-3-33, provides that payment of premiums for insurance offered by a "servicing insurer" designated by the facility is made directly to the servicing insurer, not through the facility. Accordingly, the governing board of the facility is not responsible for filing a Form 1099-MISC with the Internal Revenue Service for commissions paid to individual insurance agents by the servicing insurer. Cited herein: K.S.A. 40-2102; K.A.R. 1984 Supp. 40-3-33; 26 U.S.C. section 6041A.

Attorney General Opinion No. 1985-109

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (853 download)

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Book Synopsis Attorney General Opinion No. 1985-109 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1985-109 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: Subsection (a) of K.S.A. 1984 Supp. 9-1403 provides that, during periods of peak deposits occurring at tax paying time and tax distributing time, the amount of security required by K.S.A. 1984 Supp. 9-1402 (as amended by L. 1985, ch. 58) for deposits of public moneys in certain financial institutions shall be reduced by one-half the usually required amount. While the statute requires a municipality to designate such periods, they may be for less than 60 days, and are subject to negotiation between the municipality and the financial institution receiving the deposit. The effect on K.S.A. 1984 Supp. 9-1403 of the 1985 amendment to K.S.A. 1984 Supp. 9-1402 (which increased the pledging requirement from 70% to 100% of the deposit) is to increase the amount of securities which must be pledged during peak deposit times from 35% to 50%. Cited herein: K.S.A. 1984 Supp. 9-1402, as amended by L. 1985, ch. 58, section 51 and 2; K.S.A. 1984 Supp. 9-1403; K.S.A. 9-1407; K.S.A. 1984 Supp. 12-678a; K.S.A. 79-2004; K.S.A. 79-2005, as amended by L. 1985, ch. 311, section 10.

Attorney General Opinion No. 1985-009

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (849 download)

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Book Synopsis Attorney General Opinion No. 1985-009 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1985-009 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: Non-resident motorists who hold a valid driver's license in their state of residence are granted the privilege of operating a motor vehicle in this state, and do not need to obtain a Kansas driver's license. However, such a privilege may be suspended or revoked by the division of vehicles in the same manner and for the same reasons as a Kansas driver's license may be suspended or revoked. Accordingly, a non-resident whose license is suspended or revoked in his or her home state forfeits the right to operate a motor vehicle in Kansas, and is subject to the criminal penalties of K.S.A. 8-262 should he or she continue to drive in Kansas. It should be emphasized that it is the privilege to operate a vehicle which is subject to suspension or revocation, and not the license itself, which may be suspended or revoked only by the issuing state. Cited herein: K.S.A. 8-236, 8-251, 8-252, 8-258, K.S.A. 1984 Supp. 8-262, K.S.A. 8-1430, 8-1441, K.S.A. 1984 Supp. 8-1567.

Attorney General Opinion No. 1985-157

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (854 download)

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Book Synopsis Attorney General Opinion No. 1985-157 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1985-157 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: K.S.A. 1984 Supp. 9-1403(a) permits a school district and a financial institution to designate peak deposit periods for periods of up to 60 days in length and not more than 120 days per year. During such periods, the amount required to be pledged by the financial institution as security for the deposit of public funds is reduced to 50% of the amount usually required by K.S.A. 1984 Supp. 9-1402, as amended by L. 1985, ch. 58. While the statute does not establish a minimum time limit for such peak deposit periods, but instead leaves them to be negotiated between the school district and the financial institution, a designation of two periods of one (1) day each would appear to be unreasonable. Further, no sanctions exist in the statute whereby a financial institution may be required to agree to a specific time period or face a penalty, either civil or criminal in nature. Finally, determination of peak deposit periods should be made by the school board, although formal written designation is to be made by the treasurer or financial officer of the school district. Cited herein: K.S.A. 1984 Supp. 9-1401; K.S.A. 1984 Supp. 9-1402, as amended by L. 1985, ch. 58, section 1; K.S.A. 1984 Supp. 9-1403; K.S.A. 1984 Supp. 9-1405, as amended by L. 1985, ch. 58, section 4; K.S.A. 1984 Supp. 12-1675; 12-1678a.

Attorney General Opinion No. 1984-091

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. 1984-091 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1984-091 written by Robert T. Stephan and published by . This book was released on 1984 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The legislature may refuse to appropriate moneys to provide funds for a̲ ̲p̲a̲r̲t̲i̲c̲u̲l̲a̲r̲ lease of office space already entered into by a state agency and may direct that no appropriated moneys shall be used for such purpose. However, the legislature may not prescribe that an agency may not enter into a̲n̲y̲ lease for office space without the prior approval of the State Finance Council or some other legislatively-dominated committee. Such a limitation on prospective action by a state agency violates the doctrine of separation of powers and is unconstitutional. Attorney General Opinion No. 81-83 is reaffirmed. Cited herein: K.S.A. 75-3708, 75-3711, K.S.A. 1983 Supp. 75 -3711c, 75-3725a, L. 1984, ch. 23, section 5, L. 1984, ch. 244, sections 1, 2, 23, L. 1981, ch. 32, section 69.

Attorney General Opinion No. 1984-044

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. 1984-044 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1984-044 written by Robert T. Stephan and published by . This book was released on 1984 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 1983 Supp. 8-1567, as amended by 1984 Senate Bill No. 490, provides [at subsection (a)] that no person shall operate a vehicle within this state while under the influence of alcohol. While it is necessary to show that a defendant was "under the influence of alcohol" in order to prove a violation, this phrase means that the defendant's mental or physical function was impaired to the extend that he or she was incapable of safely driving a vehicle. Such incapability may be presumed if it is shown that there was .10% or more by weight of alcohol in the defendant's blood, and need not be accompanied by any showing that the actual operation of the vehicle was erratic or that the driver failed to exercise due care. Cited herein: K.S.A. 8-1005, K.S.A. 8-1566, as amended by 1984 Senate Bill No. 490, section 8, K.S.A. 1983 Supp. 8-1567, as amended by 1984 Senate Bill No. 490, section 9.

Attorney General Opinion No. 1985-118

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (853 download)

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Book Synopsis Attorney General Opinion No. 1985-118 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1985-118 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: A night depository which is both electronically interfaced with a remote service unit and physically attached thereto is defined under K.S.A. 1984 Supp. 9-1111(g) and (h) as a remote service unit. However, the installation of a night depository which is not electronically interfaced with the unit and accessed by the use of a machine readable instrument constitutes a detached auxiliary banking services facility, and is subject to the limitations of K.S.A. 1984 Supp. 9-1111(c), (d) and (e). In addition, while a bank is required to share its remote service units with other banks subject to K.S.A. 1984 Supp. 9-1111(g), a combined remote service unit and detached auxiliary banking services facility is not required to be shared. Cited herein: K.S.A. 1984 Supp. 9-1111.

Attorney General Opinion No. 1985-070

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (849 download)

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Book Synopsis Attorney General Opinion No. 1985-070 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1985-070 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: Pursuant to K.S.A. 1984 Supp. 19-4611(a) and (d), the board of trustees of a county hospital may contract with a corporation for the lease and management of the facility. Under the terms of an agreement between the Scott County Hospital Board of Trustees and the Great Plains Health Alliance, Inc., an operating fund is maintained through the use of tax money derived from a county mill levy. Accordingly, such a fund contains "hospital moneys," as that term is defined by K.S.A. 1984 Supp. 19-4601(d). Under K.S.A. 1984 Supp. 19-4608(c), as amended, "hospital moneys" are deemed to be public moneys, and are subject to the pledging requirements of K.S.A. 1984 Supp. 9-1402, as amended. Therefore, moneys contained in the operating fund of Scott County Hospital are subject to the provisions of K.S.A. 1984 Supp. 9-1402 as amended. Cited herein: K.S.A. 1984 Supp. 9-1402, as amended by 1985 House Bill No. 2122; K.S.A. 9-1407; K.S.A. 1984 Supp. 19-4601; 19-4606; 19-4608, as amended by 1985 House Bill No. 2467; 19-4611.

Attorney General Opinion No. 1984-127

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (858 download)

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Book Synopsis Attorney General Opinion No. 1984-127 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1984-127 written by Robert T. Stephan and published by . This book was released on 1984 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A bank may, for purposes of securing deposits of public funds, pledge revenue bonds issued by a quasi-municipal corporation, provided that approval is given by the state bank commissioner. An exception is made in the case of bonds secured by revenues of a utility which has been in operation less than three years, with the use of such bonds not permitted for pledging purposes. K.S.A. 9-1402(e)(1). Pursuant to a rule and regulation of the bank commissioner (K.A.R. 17-14-1), the term "utility" is defined using the definition found at K.S.A. 1983 Supp. 10-1201, which includes publicly-owned facilities of a revenue-producing character which supply water. In that a rural water district organized pursuant to K.S.A. 82a-612 e̲t̲ s̲e̲q̲., is a quasi-municipal corporation which operates publicly-owned water supply facilities and may issue revenue bonds therefor, K.S.A. 9-1402(e) is applicable to those districts whose systems have not been in operation for three years. Cited herein: K.S.A. 9-1402, 10-101, K.S.A. 1983 Supp. 10-1201, K.S.A. 82a-616, K.S.A. 1983 Supp. 82a-619, 82a-625, K.A.R. 17-14-1.

Attorney General Opinion No. 1994-009

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (769 download)

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Book Synopsis Attorney General Opinion No. 1994-009 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1994-009 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Generally, criminal history record information is not open to the public and disclosure is restricted by statute. However, persons may request conviction records on individuals from a criminal justice agency, and the agency may discretionarily disclose the requested records. Cited herein: K.S.A. 1993 Supp. 22-4701; K.S.A. 22-4705; 22-4707; K.A.R. 1992 Supp. 10-11-1; 10-12-1; 10-12-2.

Attorney General Opinion No. 1984-020

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. 1984-020 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1984-020 written by Robert T. Stephan and published by . This book was released on 1984 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Pursuant to the provisions of K.S.A. 68-423b e̲t̲ s̲e̲q̲., the secretary of transportation is authorized to acquire property for use as roadside parks and rest areas, and to establish, construct and maintain such parks and rest areas. The secretary of transportation has general supervision over the maintenance of all roads, and has authority to dispose of any real estate, or interest therein, when the same is no longer needed for state highway purposes. Pursuant to these powers, the secretary may close roadside parks and rest areas, and dispose of real property, or interests therein, used for such purposes. The power to close a roadside park or rest area which was established through cooperation with the federal government, or local units of government, is subject to any contractual conditions governing the closing of such parks or rest areas. Cited herein: K.S.A. 1983 Supp. 68-404, 68-413, K.S.A. 68-423b, 68-423f.