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Attorney General Opinion No 1987 104
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Book Synopsis Attorney General Opinion No. 1987-104 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-104 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: Written instruments representing liens arising pursuant to the provisions of CERCLA, 42 U.S.C.S. section 9601 e̲t̲ s̲e̲q̲., or ERISA, 29 U.S.C.S. section 1001 e̲t̲ s̲e̲q̲., which are properly proved or acknowledged and certified are entitled to recording by the register of deeds in the county in which the real property affected by the instrument is located. Such instruments which do not meet these initial filing requirements should be filed in the office of the clerk of the United States District Court for the district in which the real property is located. The filing fees prescribed by K.S.A. 28-115 are appropriate for the filing of such instruments, and the instruments should be filed so as to provide notice to third parties. Cited herein: K.S.A. 28-115; 58-2221; 79-2601; 79-2607; 79-2608; 26 U.S.C.S. section 6323; 29 U.S.C.S. sections 1001, 1362, 1363, 1364, 1368; 42 U.S.C.S. sections 9601, 9607.
Book Synopsis Attorney General Opinion No. 1987-102 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-102 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: Where a municipal utility passes on a supplier rate increase to its customers, and subsequently receives a refund upon disallowance of the increase, any liability of the municipal utility to distribute the refund to its customers (located within the municipality) is in the nature of a quasi-contractual obligation based on the doctrine of unjust enrichment. Accordingly, any action by a customer for a refund must be brought within 3 years. K.S.A. 60-512(1). Cited herein: K.S.A. 60-512; 66-104.
Book Synopsis Attorney General Opinion No. 1987-121 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-121 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: K.S.A. 20-105 provides that to be qualified to hold the office of justice of the supreme court or judge of the court of appeals, a person must have been regularly admitted to practice law in Kansas and have engaged in the active and continuous practice of law for a period of at least ten years prior to the date of appointment as justice or judge. Though the strict definition of "active practice" would require that the legal activities of the person in question be pursued on a full-time basis and constitute his regular business, the general rule that statutory provisions imposing qualifications for office should be construed in favor of those seeking to hold office would serve to soften this requirement. Thus, a potential nominee need not be a full-time trial attorney to be considered as actively engaged in the practice of law, and is not automatically disqualified merely for holding a position which does not require legal expertise. Cited herein: K.S.A. 20-105; 20-3002; K.S.A. 1986 Supp. 22-3707.
Book Synopsis Attorney General Opinion No. 1987-050 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-050 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: K.S.A. 1986 Supp. 89-9-411 restricts the disclosure of Uniform Commercial Code (U.C.C.) filing information under the Kansas Open Records Act. (K.S.A. 45-216 e̲t̲ s̲e̲q̲.) Accordingly, the Secretary of state may provide a business access to filings under article 9 of chapter 84 of the Kansas Statutes Annotated only if the business can demonstrate that its interest in obtaining said information is "related exclusively" to one of the transactions specifically enumerated in K.S.A. 84-9-102. Cited herein: K.S.A. 45-216; 45-217; 45-221; 84-9-102; 84-9-104; K.S.A. 1986 Supp. 84-9-411.
Book Synopsis Attorney General Opinion No. 1987-045 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-045 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: The mere fact that two members of a five-member city council in a city of the third class are married to each other does not violate the open meetings law or any other Kansas statute. Cited herein: K.S.A. 12-3002; 13-2903; 15-101; 15-106; 15-201; 15-209; 75-4317; 75-4317a; K.S.A. 1986 Supp. 75-4318.
Book Synopsis Attorney General Opinion No. 1987-065 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-065 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 provisions of Article 3, section 5 of the Kansas Constitution, no member of the Supreme Court Nominating Commission shall, while he or she is a member, hold any other "public office" by appointment. The term "public office" refers to the common-law concept of a public office, and except where the office of city attorney has been stripped of all prosecutorial and other sovereign power (through the exercise of home rule powers), a city attorney holds a public office. Cited herein: Kan. Const., Article 3, section 5.
Book Synopsis Attorney General Opinion No. 1987-023 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-023 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: Since it is the client's intent which governs the distinction between privileged and non-privileged communications, a determination of whether or not information exchanged between attorney and client is privileged requires a case-by-case consideration. To ensure compliance with the dictates of Canon 4 of the Code of Professional Responsibility and K.S.A. 60-426, when a supervising agency requests that an attorney release particular client information for enumerative or evaluative purposes, the attorney may either obtain the client's consent to do so, or, if the client refuses, compile the requested data in a less intrusive manner. If, however, the agency requests the data for purposes of determining a client's financial eligibility onto satisfy funding requirements, the exception to the privilege under DR-4-101(C)(4) would apply, making the aforementioned precautions unnecessary. Cited herein: K.S.A. 45-217; 45-221; 60-426; K.S.A. 1986 Supp. 20-3100, Supreme Court Rule No. 225, D.R. 4-101.
Book Synopsis Attorney General Opinion No. 1987-126 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-126 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: Medical costs incurred by an indigent offender before or at the time of arrest are to be borne by the county if the offender is subsequently charged with a violation of state law.
Book Synopsis Attorney General Opinion No. 1988-033 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1988-033 written by Robert T. Stephan and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 33-104 applies to any governmental or private possessor, who is not otherwise precluded, seeking to establish ownership of and title to unclaimed goods and chattels. Cited herein: K.S.A. 33-104; K.S.A. 1987 Supp. 77-201 T̲̲h̲i̲r̲t̲e̲e̲n̲t̲h̲; 1988 House Bill No. 2946.
Book Synopsis Attorney General Opinion No. 1987-034 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-034 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: Service of process is a condition precedent to an employee's request for the provision of defense counsel by a governmental entity, unless such condition is waived. If, after the employee has been served, the entity lawfully refuses to provide for such defense, and if the request was made in accordance with the statute, then the entity must reimburse the employee for attorney expenses incurred as a result of the retention of private counsel. Absent service of process, timely request for, and proper refusal of providing legal defense counsel, no right is conferred on the employee to retain private counsel at the expense of the governmental entity. Cited herein: K.S.A. 75-6103, 75-6108, 75-6109.
Book Synopsis Attorney General Opinion No. 1987-174 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-174 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: The intent of L. 1987, ch. 215 is to encourage individuals to serve as volunteers for certain nonprofit organizations by granting to the volunteer immunity from liability for negligent acts or omissions. There are limitations to this immunity. For the act to apply, the organization must carry general liability insurance which will pay on behalf of the insured when an individual suffers loss for which the insured is liable. The exact amount and type of insurance required is to be determined in light of the exposure to liability which arises out of the organization's activities. Cited herein: L. 1987, ch. 215, sec. 1 (to be codified at K.S.A. 1987 Supp. 60-3601).
Book Synopsis Attorney General Opinion No. 1987-180 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-180 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: Violations of the cereal malt beverage act are violations of the intoxicating liquor laws for purposes of issuing a license for retail sale of cereal malt beverages. Cited herein; K.S.A. 41-102, as amended by L. 1987, ch. 182, section 2; 41-311, as amended by L. 1987, ch. 182, section 22; 41-330; 41-2703, as amended by L. 1987, ch. 182, section 99; 41-2708, as amended by L. 1987, ch. 182, section 104.
Book Synopsis Attorney General Opinion No. 1987-003 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-003 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: A creditor may not contract for or receive a separate charge for insurance unless the credit insurance provides a benefit which covers a loss to property related to the credit transaction. Household goods cannot be related to the transaction unless a purchase money credit arrangement is involved. Nor may the creditor be named as a loss payee of a policy which covers all of a consumer's household goods, even though that creditor has a security interest in some of the property covered under the policy. The amount of insurance is limited to the lesser of either the amount of debt or the value of the property insured. If a separate charge is received for credit insurance, before the insurance may be written, the consumer must give an informed, affirmative, written request for the policy. In addition, a creditor may not sell credit insurance to a consumer if he has knowledge that an existing policy gives full coverage of the property related to the transaction, and the credit insurance would therefore be pro-rated. Cited herein: K.S.A. 16a-1-101, 16a-1-102; 16a-2-501; 16a-3-301; 16a-3-302; 16a-4-104; 16a-4-105; 16a-4-106; 16a-4-109; 16a-4-112; 16a-4-202; 16a-4-301; 16a-4-302; 50-626(b)(3); K.A.R. 40-5-8; 40-5-103; 15 U.S.C. sections 45, 1605(b); 12 C.F.R. sections 227.1; section 227.13; section 226.4; section 226.18; 16 C.F.R. section 444.2(a)(4).
Book Synopsis Attorney General Opinion No. 1987-018 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-018 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: K.S.A. 34-229 was amended by 1986 Senate Bill No. 518 to make grain warehouse bonds nonaccumulative. Thus, Kansas has joined the majority of the states and the federal government in disallowing the "stacking" of bonds. Cited herein: K.S.A. 34-229; L. 1986, ch. 153, section 1.
Book Synopsis Attorney General Opinion No. 1987-083 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-083 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: Pursuant to the provisions of K.S.A. 19-3548, a city and a public wholesale water supply district may enter into a water purchase contract for a term of forty years and any such contract may include an agreement for the purchase of water not actually received. Such a contract does not violate the cash-basis law (K.S.A. 10-1101 e̲t̲ s̲e̲q̲.), and the obligation of a city thereunder is payable solely from the revenues produced by the city's water system. Cited herein: K.S.A. 10-1101; 10-1116; 10-1116b; 19-3545; 19-3546; 19-3548.
Book Synopsis Attorney General Opinion No. 1987-013 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-013 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: District attorneys and their agents are state employees for purposes of the Kansas Tort Claims Act. Cited herein: K.S.A. 22a-101, 22a-106, 25-2505, 75-6101, 75-6102.
Book Synopsis Attorney General Opinion No. 1987-010 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-010 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: The "personnel matters" exception to the open meetings law, K.S.A. 75-4319(b)(1), pertains to employees of public agencies. Persons appointed to public boards and committees are not employees, they are public officers. Therefore, discussions concerning the qualifications of candidates for such appointed positions cannot take place in an executive session but must be held in an open meeting. Cited herein: K.S.A. 75-4317; K.S.A. 1986 Supp. 75-4318; K.S.A. 75-4319.
