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Attorney General Opinion No 1989 066
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Book Synopsis Attorney General Opinion No. 1989-066 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-066 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Kansas labeling law found in subsection (b) of K.S.A. 1988 Supp. 79-3408 that requires every retail pump for motor vehicle fuel be labeled to show content and percentage of any ethyl alcohol or other alcohol combined or alone in excess of 1% by volume does not violate Sections 1 and 2 of the Kansas Constitution or the 14th Amendment of the United States Constitution. Cited herein: K.S.A. 1988 Supp. 79-3408; Kan. Const., Arts. 1 & 2; U.S. Const., 14th Amend.
Book Synopsis Attorney General Opinion No. 1981-066 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1981-066 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 statutory requirements for the execution of deeds and other instruments for the conveyance of a corporation's real property or an interest therein are prescribed by K.S.A. 17-6003(g). As long as there is compliance with such requirements, provisions in the corporation's bylaws requiring execution of such instruments by officers of the corporation in addition to those specified in said statute are permissible. However, failure to comply with these bylaw requirements does not, as a general rule, affect the validity of a conveyance made in compliance with the statutory requirements. Cited herein: K.S.A. 17-6003, K.S.A. 1980 Supp. 17-6009, G.S. 1868, ch. 23, section 38.
Book Synopsis Attorney General Opinion No. 1993-066 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1993-066 written by Robert T. Stephan and published by . This book was released on 1993 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 1992 Supp. 38-1513(a)(2) can be interpreted to authorize the court to take into consideration a parent's religious objections in determining whether to order medical treatment for a child who is a ward of the court. In spite of the deference to a parent with certain religious beliefs, the code for care of children treats all children the same in terms of the reporting, investigation, and treatment of such children regardless of their parents' religious beliefs. Cited herein: K.S.A. 1992 Supp. 38-1513; 38-1522; 38-1523; U.S. Const., Amend. I.
Book Synopsis Attorney General Opinion No. 1990-066 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1990-066 written by Robert T. Stephan and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The election, appointment, and removal of officers of a third class city having a mayor/council form of government is subject to K.S.A. 15-201 e̲t̲ s̲e̲q̲. unless the city charters out of these statutes under home rule powers. Under K.S.A. 15-209, an individual elected to the office of mayor of such a city must be a qualified elector of that city at the time of the election. The election of an individual who is not a qualified elector of the city is void, but the individual would have served as an officer d̲e̲ f̲a̲c̲t̲o̲. The last individual who was elected and qualified to the office of mayor would continue to serve as mayor until a successor is elected and qualified. If the former mayor is unable to continue serving as mayor, a vacancy in that office occurs, and the president of the city council then fills the office of mayor until the next regular election for the office of mayor. Cited herein: K.S.A. 15-201; 15-209; K.S.A. 1989 Supp. 15-311; Kan. Const., Art. 5, section 1.
Book Synopsis Attorney General Opinion No. 1987-066 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1987-066 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: In that minors are protected by the United States Constitution and possess constitutional rights, absolute prohibitions on family planning (contraceptive) services for minors are unconstitutional. However, because activities of minors may constitutionally be regulated more strictly than those of adults, reasonable parental consultation restrictions, such as notice, may be placed on a minor's decision of whether or not to use contraceptive devices. Mandatory parental consent requirements for all contraceptive services to minors are unconstitutional. Cited herein: K.S.A. 23-501; 38-101; 38-123; 38-123b; K.S.A. 1986 Supp. 65-2891; K.S.A. 65-2892; 65-2892a.
Book Synopsis Attorney General Opinion No. 1988-066 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1988-066 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: To ensure good banking practices, the banking code establishes limitations on lending to any one person, copartnership, association or corporation. No distinction is made between limited and general partnerships. In determining the limitation of liability to a bank of a limited or general partnership, the bank must consider the total liability of the partnership to the bank, plus the liability of the partner having the greatest debt to the bank in comparison to the other members. Cited herein: K.S.A. 1987 Supp. 9-1104, 56-1a101(g).
Book Synopsis Attorney General Opinion No. 1992-066 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1992-066 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Any person who has been nominated for the office of vice-president may cause such person's name to be withdrawn from nomination by filing a request in writing with the secretary of state. A vacancy in a party nomination for vice-president may be filled by the party committee of the state provided the vacancy occurs after a primary election. Because Kansas statutes provide for substitution of party nominations for vice-president, a procedure must be made available for substitution of independent nominations for vice-president. Cited herein: K.S.A. 1991 Supp. 25-306b; K.S.A. 25-615; K.S.A. 1991 Supp. 25-616; K.S.A. 25-2501; 25-2503; 25-2504; 25-3901; K.S.A. 1991 Supp. 25-3905; L. 1968, ch. 406, sections 2, 7; L. 1981, ch. 165, section 6; L. 1984, ch. 139, sections 3, 4; Kan. Const., Bill of Rights, sections 1, 2; U.S. Const., Amend. XII; U.S. Const., Amend. XIV.
Book Synopsis Attorney General Opinion No. 1995-066 by : Carla J. Stovall
Download or read book Attorney General Opinion No. 1995-066 written by Carla J. Stovall and published by . This book was released on 1995 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The costs incurred in the contest of an election in the seventy-ninth representative district may not be paid from appropriations set forth in L. 1994, ch. 255, section 3 or section 3 of 1995 house bill no. 2085. Cited herein: K.S.A. 25-1434; 25-1452; L. 1994, ch. 255, section 3; 1995 S.B. No. 95; 1995 H.B. No. 2085; Kan. const., art. 2, section 24.
Book Synopsis Attorney General Opinion No. 1989-061 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-061 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 12-3005 prescribes that "[t]he style or ordaining clause of all ordinances shall be: 'Be it ordained by the governing body of the city of ___________:'". This requirement is mandatory, and a proposed ordinance submitted under the provisions of K.S.A. 12-3013 must include an ordaining clause. As Ordinance No. 112-A of the city of Olathe contains no such clause, it is our opinion that the "ordinance" is void and unenforceable. Cited herein: K.S.A. 12-3005; 12-3013; Kan. Const., Art. 2, section 20.
Book Synopsis Attorney General Opinion No. 1989-064 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-064 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Gross operating revenue," as that term is used in 1989 House Bill No. 2502, includes revenue received from transactions other than title insurance. For purposes of determining whether 20% of gross operating revenue received in the previous six months is derived from controlled business, revenue received from transactions involving land sales in counties populated by 10,000 or less is not included. Since the prohibitions contained in the act do not substantially impair obligations under existing title insurance contracts, the act does not violate the contracts clause of the United States Constitution. The distinction between counties having a population of 10,000 or less and those having a population of more than 10,000 does not create an impermissible classification. Finally, the rule-making authority granted by the act does not conflict with the statute granting rulemaking authority in areas not affected by the act. Cited herein: K.S.A. 40-1111, as amended by L. 1988, ch. 156, section 19; K.S.A. 40-2404 (Ensley 1986); K.S.A. 1988 Supp. 40-2404, as amended by 1989 House Bill No. 2502; K.S.A. 40-2404a; K.A.R. 40-3-43 (Proposed, not yet published); U.S. Const. Art. I, section 10, cl. 1.
Book Synopsis Attorney General Opinion No. 1989-113 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-113 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The purpose of an appearance bond is to assure the presence of persons accused of crimes at the time and place of the trial. The purpose of the appearance bond is deemed fulfilled when the accused appears for a hearing and a verdict is announced. Unless an agreement states otherwise, an appearance bond cannot be retained to insure completion of programs imposed by the court or payment of fines assessed against the defendant. Cited herein: K.S.A. 22-2202, 22-2208, 22-2802.
Book Synopsis Attorney General Opinion No. 1989-111 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-111 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Property seized from a pawnbroker and held by law enforcement officials for use as evidence in a criminal proceeding is regarded as being in c̲u̲s̲t̲o̲d̲i̲a̲ l̲e̲g̲i̲s̲ and subject to the court's order as to the disposition thereof in the same proceeding. If the property is identified as being stolen, it is the duty of the court and the state to see that the property is restored to its rightful owner at the earliest opportunity. However, the due process rights of the pawnbroker must be respected, W̲o̲l̲f̲e̲n̲b̲a̲r̲g̲e̲r̲ ̲v̲.̲ ̲W̲i̲l̲l̲i̲a̲m̲s̲, 774 F.2d 358 (10th Cir. 1985), and the Court should provide the pawnbroker with notice and opportunity to be heard before releasing property to the apparent owner. Cited herein: K.S.A. 1988 Supp. 22-2512.
Book Synopsis Attorney General Opinion No. 1989-133 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-133 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 1988 Supp. 12-1222, and the act of which it is a part, contain provisions which are not uniformly applicable to all cities. Accordingly, a city may use its home rule authority to charter out from the provisions of that statute, including the requirement that members appointed to a library board be residents of the municipality. Cited herein: K.S.A. 1988 Supp. 12-1222; Kan. Const., Art. 12, section 5.
Book Synopsis Attorney General Opinion No. 1990-084 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1990-084 written by Robert T. Stephan and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Where there has been a violation of the common law rule cited in Attorney General Opinion No. 90-59, both resignations and reappointments should be considered a nullity. Cited herein: K.S.A. 1989 Supp. 13-1806.
Book Synopsis Attorney General Opinion No. 1989-032 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-032 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: While the state may require abortions to be performed in licensed facilities from and after the first trimester, K.S.A. 21-3407 sweeps too broadly and the offending provisions cannot be severed from the rest without legislative amendment. We note that the United States Supreme Court is currently considering a case which may modify Roe v. Wade, and thus render this opinion invalid. Cited herein: K.S.A. 21-3407.
Book Synopsis Attorney General Opinion No. 1989-038 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-038 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the United States Supreme Court decision in H̲a̲z̲e̲l̲w̲o̲o̲d̲ ̲S̲c̲h̲o̲o̲l̲ ̲D̲i̲s̲t̲r̲i̲c̲t̲ ̲v̲.̲ ̲K̲u̲h̲l̲m̲e̲i̲e̲̲r̲, local public school officials and administrators may exercise reasonable control over activities sponsored by a public school such as publications, theatrical productions and other expressive activities so long as the educators' actions are reasonably related to legitimate pedagogical concerns and there is no intent to create a public forum. Also, Section 11 of the Kansas Bill of Rights does not provide an absolute right to freedom of speech and expression. Students in private, accredited schools are subject to reasonable school regulations. The H̲a̲z̲e̲l̲w̲o̲o̲d̲ decision applies to public schools on its facts, and does not apply to non-public schools. Cited herein: Kans. Const., B. of R., section 11; U.S. Const., Amend. I, XIV.
Book Synopsis Attorney General Opinion No. 1989-015 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-015 written by Robert T. Stephan and published by . This book was released on 1989 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Subsection (c) of K.S.A. 1988 Supp. 75-6116 generally provides a governmental entity may pay a part of any judgment taken against an employee for punitive or exemplary damages if the government entity finds three conditions exist. The statute requires that a judgment be rendered before the governmental entity may consider whether the conditions attendant to payment have been met. Cited herein: K.S.A. 1988 Supp. 75-6116.
