Attorney General Opinion No 1984 087

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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 Cited herein: K.S.A. 9-162 (repealed L. 1947, ch. 102), 9-702, 9-1715, 9-2011, 9-2016, 17-2244, 17-5101, 17-5222, 17-5226, 17-5227, 17-5601, 17-5606, 12 C.F.R. 547.1, P.L. 97-320.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. 1985-087

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. 1985-087 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1985-087 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: No portion of the proceeds of general obligation bonds issued under the provisions of K.S.A. 1984 Supp. 19-4603 and 19-4606 may be used as operating capital for a county hospital. Cited herein: K.S.A. 10-117, K.S.A. 1984 Supp. 19-4603, 19-4606.

Attorney General Opinion No. 1977-087

Author : Curt Thomas Schneider
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (885 download)

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Book Synopsis Attorney General Opinion No. 1977-087 by : Curt Thomas Schneider

Download or read book Attorney General Opinion No. 1977-087 written by Curt Thomas Schneider and published by . This book was released on 1977 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Under the 1976 amendment to K.S.A. 20-904, the court reporter's fee of one dollar and fifty cents provided by that statute is to be assessed against the docket fee which is paid for the filing of actions under the Kansas Code of Civil Procedure, i.̲e̲.̲, civil actions, and is not required to be assessed against docket fees which are assessed and collected in criminal actions pursuant to K.S.A. 1976 Supp. 28-172a.

Attorney General Opinion No. 1984-008

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. 1984-008 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1984-008 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 provisions of subsections (c) and (d) of K.S.A. 1983 Supp. 77-426, which allow the legislature to reject, modify or revoke an administrative rule and regulation by means of the adoption of a concurrent resolution, are unconstitutional. Such action by the legislature is an unlawful usurpation of the governor's constitutional power to administer and enforce the laws. Such action violates the constitutional doctrine of separation of powers. In addition, the legislative oversight mechanism prescribed in subsections (c) and (d) of K.S.A. 1983 Supp. 77-426 is unconstitutional for the reason that it attempts to authorize the legislature to make law, without following the mandatory procedures of the Kansas Constitution. The Kansas constitution requires that any law be enacted only by bill [not by resolution or concurrent resolution]; that every bill contain the constitutionally-specified enacting clause; and that all bills passed by the legislature be presented to the governor for approval or disapproval. The procedure set forth in subsections (c) and (d) of K.S.A. 1983 Supp. 77-426 does not meet these constitutional requirements and is unconstitutional. Cited herein: K.S.A. 1983 Supp. 77-426; Kan. Const., Art. 2, sections 14, 20.

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. 1984-122

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. 1984-122 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1984-122 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 common law doctrine of incompatibility of offices precludes one person from simultaneously holding the offices of city council member and clerk of the municipal court in a city of the third class having a mayor-council form of government. Cited herein: K.S.A. 12-4108.

Attorney General Opinion No. 1981-087

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (869 download)

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Book Synopsis Attorney General Opinion No. 1981-087 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1981-087 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: Charitable immunity, in contrast to governmental immunity, did not exist in the common law prior to the enactment of the Kansas. Constitution. As a result, a legislative grant of immunity to charitable organizations from suits arising out of the negligence of the organization in distributing free food would violate Section 18 of the Kansas Bill of Rights, which guarantees all persons who suffer injury a remedy by due course of law. Attorney General Opinion No. 80-187 is affirmed. Cited herein: K.S.A. 48-915, 48-936, 65-1127, 65-1462, 65-1652, 65-2891, 65-2898, Section 18, Kansas Bill of Rights.

Attorney General Opinion No. 1984-106

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. 1984-106 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1984-106 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: As amended by chapter 282, section 5, the provisions of chapter 187, section 11 of the 1984 Session Laws prohibit the selling, giving or receiving of lists of names and addresses derived from public records, for the purpose of selling or offering for sale any property or service to the persons listed therein, subject to three exceptions. Section 6 of chapter 187, as amended by section 3 of chapter 282 of the 1984 Session Laws, further requires that any person who obtains a list of names and addresses certify that: (1) he or she will not use the information for the purpose of selling or offering for sale any property or services, and (2) will not give, sell or otherwise make available the list to another person so that the latter may sell or offer for sale any property or service. Accordingly, a person may not make commercial use of information derived from such lists, either directly or through the sale of the lists themselves. Cited herein: K.S.A. 1983 Supp. 21-3913; 45-201 (both repealed, L. 1984, ch. 187); 74-2012, as amended by L. 1984, ch. 282, section l; L. 1983, ch. 171, section 11, L. 1984, ch. 187, sections 6, 11; L. 1984, ch. 282, sections 3, 5.

Attorney General Opinion No. 1984-101

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. 1984-101 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1984-101 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: State and local authorities may disclose vital statistics only as permitted by K.S.A. 65-2422. That statute generally limits disclosure of such information regarding identifiable persons to applicants who have a direct - interest in the matter and who require the information to determine personal or property rights, but does not permit disclosure of such information for the purposes of general genealogical information or research. The limitations imposed by K.S.A. 65-2422 are applicable to state employees and officers and to persons who possess, store or in any way handle vital statistics records under contract with the state. The limitations do not distinguish between vital statistics collected before or after 1911 and we can perceive no basis for drawing such a distinction. Cited herein: K.S.A. 65-2401; 65-2407; 65-2422; L. 1984, ch. 282, section 4(1); L. 1885, ch. 129, section 5; L. 1911, ch. 296, section 1; L. 1951, ch. 355, section 22; G.S. 1949, sections 65-144.

Attorney General Opinion No. 1974-087

Author : Vern Miller
Publisher :
ISBN 13 :
Total Pages : 5 pages
Book Rating : 4.:/5 (997 download)

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Book Synopsis Attorney General Opinion No. 1974-087 by : Vern Miller

Download or read book Attorney General Opinion No. 1974-087 written by Vern Miller and published by . This book was released on 1974 with total page 5 pages. Available in PDF, EPUB and Kindle. Book excerpt: "We are concerned here with the application of K.S.A. 75-4304(a) which states in pertinent part thus: "No public officer or employee shall in his capacity as such officer or employee, make or participate in the making of a contract with any person or business by which he is employed or in whose business he has a substantial interest, and no such person or business shall enter into any contract where any public officer or employee, acting in such capacity, is a signatory to or a participant in the making of such contract and is employed by or has a substantial interest in such person or business." ... The question may be raised whether the board action in question constitutes the making of a contract."

Attorney General Opinion No. 1984-119

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. 1984-119 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1984-119 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. 1983 Supp. 22-4501 e̲t̲ s̲e̲q̲., the State Board of Indigent Defense Services has the authority to deny authorization of claims for compensation in cases where the attorneys seeking compensation were appointed without regard to the applicable system for providing legal services to indigent defendants as established by the board. Cited herein: K.S.A. 1983 Supp. 22-4501; 22-4503; 22-4507; 22-4522; 22-4523.

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. 1984-001

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. 1984-001 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1984-001 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 municipality, through the exercise of constitutional home, rule powers, may grant to the municipal court the power to impose contempt sanctions against persons who fail to obey the subpoenas of a municipal administrative agency. Cited herein: K.S.A. 12-4101, 12-4104, 12-4105, 12-4106, 12-4204, 12-4602, Kan. Const. Art. 12, section 5.

Attorney General Opinion No. 1984-032

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. 1984-032 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1984-032 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. 19-702 provides that it is the duty of the county attorney to prosecute all cases arising out of the criminal statutes of this state which arise in his or her county. If such a violation occurs, it is immaterial whether it takes place within or without the limits of any city located in the county, or whether the officer issuing the citation or making the arrest is an employee of the city or county. In any violation of a state criminal statute, it is the function of the county attorney to prosecute, and such prosecution may not be declined, or additional conditions attached (i̲.̲e̲.̲ payment of costs) on the grounds that the violation took place within the city. Cited herein: K.S.A. 1983 Supp. 8-1567, K.S.A. 12-4111, 12-4113, 19-702, 19-706b.

Attorney General Opinion No. 1987-087

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (828 download)

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Book Synopsis Attorney General Opinion No. 1987-087 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1987-087 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 Kansas Take-Over Bids Act is unconstitutional pursuant to the Supremacy and Interstate Commerce Clauses of the United States Constitution. As applied to entities required to register securities under federal law, the state act is pre-empted. As applied to other entities, the act frustrates the neutral Congressional position between management and acquiring entities, and is therefore pre-empted. In addition, the act is invalid on the grounds that it creates an undue burden on interstate commerce. State regulation of tender offers is not entirely prohibited. However, if the state wishes to regulate, it must do so by legislative action rather than by judicial application of a broad severability clause. Cited herein: K.S.A. 17-1276; 17-1277; 17-1279; 17-1284; 17-1285; 15 U.S.C. sections 781, 78m, 78n, 78bb; 17 C.F.R. sections 240.14d, 240.14e.

Attorney General Opinion No. 1984-077

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. 1984-077 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1984-077 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 Shawnee County Civil Service Board, established pursuant to K.S.A. 19-4303 e̲t̲ s̲e̲q̲., may enforce rules adopted in accordance with its express statutory authority, either through expressly authorized administrative procedures, criminal process pursuant to K.S.A. 19-4327, or its implied enforcement authority via the inherent equitable powers of the district court. Cited herein: K.S.A. 19-4303; 19-4304; 19-4311; 19-4314; 19-4327; 19-4331.

Attorney General Opinion No. 1984-060

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. 1984-060 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1984-060 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: No state statute prescribes a procedure whereby a city of the third class may change from the commission form of government to the mayor-council form of government. However, the governing body of such a city may, by ordinance adopted pursuant to home rule powers, prescribe that the city shall revert to the mayor-council form of government on the date of the next city election, and provide for the election of a mayor and five council members at that election. Cited herein: K.S.A. 12-184, 12-1019, 12-1027, 12-1035, 12-1036h, 12-10a09, 13-1812, 14-1807, 15-124, 15-1201, 15-1704, Kan. Const., Art. 12, section 5.