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Attorney General Opinion No 1989 079
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Book Synopsis Attorney General Opinion No. 1989-079 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-079 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: To secure the deposit of public funds, a depository bank may deposit pledged securities in a facility of a bankers' bank if the depository bank does not own or control the bankers' bank. The degree to which the depository bank may have an interest in the bankers' bank without constituting ownership or control may be determined by the pooled money investment board. Cited herein: K.S.A. 1988 Supp. 9-519 e̲t̲ s̲e̲q̲.; K.S.A. 1988 Supp. 9-1405; 9-1719; 9-1808; 75-4218; K.S.A. 75-4224; L. 1967, ch. 447.
Book Synopsis Attorney General Opinion No. 1990-079 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1990-079 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 Kansas system for financing capital outlays does not operate to the disadvantage of a suspect class or impinge on a fundamental right. Because the system has a rational relationship with the state objective of promoting local control over educational matters, the system does not violate the equal protection clause of the fourteenth amendment to the United States Constitution or sections 1 & 2 of the Kansas bill of rights. The system does not violate article 6 of the Kansas constitution as the article does not require equalization of funding or prohibit funding based on the assessment value of taxable tangible property located within the school district. Cited herein: K.S.A. 72-7030; K.S.A. 1989 Supp. 72-8801; 72-8804; K.S.A. 72-8805; Kan. Const., Bill of Rights, sec. 1; Kan. Const., Bill of Rights, sec. 2; U.S. Const., 14th Amend.
Book Synopsis Attorney General Opinion No. 1986-079 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1986-079 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: A recorded mortgage imparts constructive notice of its contents and of unrecorded instruments to which it refers. Thus, an exhibit which is attached to, or which is referred to by, a recorded mortgage may be sufficient to strike a future advances clause appearing in the mortgage. It must be clear, however, that the future advances clause is actually stricken by the exhibit. If the future advances clause is sufficiently stricken, the mortgage will not secure any future advances which may be given. The mortgagee may later secure future advances by filing a new mortgage. The mortgagee will have priority for purposes of the future advances as of the filing of the mortgage securing those advances. If the future advances clause is sufficiently stricken, mortgage registration fees may not be charged on the amount stated in the stricken future advances clause. If the mortgagee later files a new mortgage to secure future advances, a mortgage registration fee shall be charged based on the maximum amount stated in that mortgage. Cited herein: K.S.A. 58-2221; 58-2222; 58-2303; 58-2336; K.S.A. 1985 Supp. 79-3102.
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. 1989-018 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-018 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 statutes authorizing early retirement incentive program do not limit an agreement for such benefits to a one-year period. If the program is part of a negotiated contract between a board of education and a professional employees' organization the terms of which exceed a one-year period, then the program is not in conflict with the continuing contract law for teachers. Cited herein: Cited herein: [sic] K.S.A. 72-5395; 72-5396; 72-5411; K.S.A. 1988 Supp. 72-5423(d).
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.
Book Synopsis Attorney General Opinion No. 1989-024 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-024 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: 1989 Senate Bill No. 24 does not violate article 2, section 16 of the Kansas Constitution which prohibits a bill from containing more than one subject. Cited herein: K.S.A. 1988 Supp. 72-7067; K.S.A. 72-7068; K.S.A. 79-4904; Kan. Const., Art. 2, section 16; L. 1988, ch. 17, section 6; L. 1988, ch. 31, section 2.
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. 1989-134 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-134 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: A regulatory agency cannot promulgate a policy statement in lieu of a regulation if the policy statement is intended to create or affect rights and obligations of persons subject to the agency's control. Additionally, all amendments or modifications of a regulation are subject to the filing and publishing requirements in article 4, chapter 77 of the Kansas Statutes Annotated. Cited herein: K.S.A. 1988 Supp. 65-6129; K.S.A. 77-415; K.S.A. 1988 Supp. 77-421; 77-436.
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. 1989-044 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-044 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: Not-for-profit corporations which are private foundations are subject to the provisions of K.S.A. 17-6304 and the duty of loyalty/fairness when making loans or charitable contributions. Transactions between a not-for-profit corporation and one or more of its directors are allowed if the directors' interests are disclosed and the directors do not unfairly benefit to the detriment of the corporation. Cited herein: K.S.A. 17-6001; 17-6102; 17-6304; 79-4601.
Book Synopsis Attorney General Opinion No. 1992-079 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1992-079 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: To the extent connected with the service of installing or applying tangible personal property in original construction, profit and overhead passed on as a cost to the consumer for such service are properly taxable. Cited herein: K.S.A. 79-3602, as amended by 1992 H.B. No. 2892; K.S.A. 79-3603, as amended by 1992 H.B. No. 2892.
Book Synopsis Attorney General Opinion No. 1989-129 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-129 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: A regional system of cooperating libraries created under K.S.A. 75-2547 e̲t̲ s̲e̲q̲. and a regional library created pursuant to K.S.A. 12-1231 e̲t̲ s̲e̲q̲. must follow the applicable procedures set forth in K.S.A. 19-101b in order to exempt such subdivision from the tax lid law, K.S.A. 1988 Supp. 79-5021 e̲t̲ s̲e̲q̲. K.S.A. 19-101b requires that a valid protest petition be signed by a number of electors of the subdivision equal to not less than 2% of the number of electors who voted at the last preceding November general election or 100 electors, whichever is greater. Protest petitions should be filed with the county election officer of the county in the subdivision with the highest population of such electors. Cited herein: K.S.A. 12-1231; 12-1232; 19-101b; 25-1117; 25-2007; 25-2104; 25-2110; 25-2110a; 25-2303; 25-2504; 75-2549b; 75-2550; K.S.A. 1988 Supp. 79-5036.
Book Synopsis Attorney General Opinion No. 1989-109 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-109 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: In our opinion, a multi-year investment of idle funds, under conditions enumerated herein, is permissible under the provisions of K.S.A. 1988 Supp. 12-1675, as amended by L. 1989, ch. 48, section 66. Cited herein: K.S.A. 10-1113; K.S.A. 1988 Supp. 12-1675; 12-1676; K.S.A. 79-2927; 79-2934; L. 1989, ch. 48, section 66; L. 1989, ch. 295, section 1.
Book Synopsis Attorney General Opinion No. 1989-115 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-115 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: Indian retailers operating on federally recognized reservations selling products which have been imported for sale are subject to the "collect and remit" requirements of the State's retailers' sales tax and cigarette tax acts when the legal incidence of the tax falls on non-Indian purchasers. Though enforcement may be difficult in that we do not believe action to enforce may be brought in state courts, the absence of civil jurisdiction under Public Law 280 and 25 U.S.C. section 1322(a) does not preclude the State from requiring collection. Cited herein: K.S.A. 79-3302; K.S.A. 1988 Supp. 79-3310; 79-3321; 79-3408; K.S.A. 79-3409; K.S.A. 1988 Supp. 79-3604; 18 U.S.C. section 1343; 25 U.S.C. section 1322; 28 U.S.C. section 1360.
Book Synopsis Attorney General Opinion No. 1989-100 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1989-100 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: Court services officers should report suspected child abuse or neglect pursuant to K.S.A. 1988 Supp. 38-1522. Cited herein: K.S.A. 1988 Supp. 12-4113; K.S.A. 19-4409; 20-162; 20-345; 20-346a; 21-4602; 21-4604; 21-4610; 22-2202, as amended by L. 1989, ch. 118, section 175; 22-3716; 38-1161; K.S.A. 1988 Supp. 38-1502, as amended by L. 1989, ch. 95, section 7; 38-1522; 38-1527; 38-1528; 38-1565, as amended by L. 1989, ch. 122, section 1; K.S.A. 38-1624; 38-1661; K.S.A. 1988 Supp. 38-1663, as amended by L. 1989, ch. 95, section 10 and L. 1989, ch. 92, section 29; 74-5602, as amended by L. 1989, ch. 118, section 183.
