Download or read book Attorney General Opinion No 1980 246 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The marriage of a minor child does not act to confer full rights of adulthood except as provided by statute. Thus, by operation of K.S.A. 1979 Supp. 38-101, a married minor is considered as having the rights of an adult only in matters relating to contracts, property rights and the capacity to sue and be sued, and only if the minor is 16 years old or older. However, the Kansas compulsory school attendance statute (K.S.A. 1979 Supp. 72-1111), applies by its terms to children who are between 7 and 16 years-old and who are under the c̲o̲n̲t̲r̲o̲l̲ ̲o̲r̲ ̲c̲h̲a̲r̲g̲e̲. of a parent, guardian or other person. As marriage has the effect of emancipating a child, thereby severing such authority, a married minor who is 15 cannot be reported as a truant for failure to attend or be enrolled in school. Cited herein: K.S.A. 1979 Supp. 23-106, 38-101, 72-1111, 72-1113.

Download or read book Attorney General Opinion No 1976 246 written by Curt Thomas Schneider and published by . This book was released on 1976 with total page 2 pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 12-1601 applies to any attorney who holds and occupies an office of the city, as distinguished from a position of employment.

Download or read book Attorney General Opinion No 1979 246 written by Robert T. Stephan and published by . This book was released on 1979 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 1978 Supp. 44-714(f) requires that information compiled in the course of administering the Employment Security Law is confidential and may not be disclosed in any manner which would reveal the identity of an individual claimant or employing unit, except that disclosure is authorized to the extent necessary for the presentation of a claim, or to public employees if such information is necessary to the performance of official duties. K.A.R. 50-4-1 also attempts to govern by regulation the disclosure of such information, and to the extent that it extends or restricts the circumstances where disclosure would be permissible, it is inconsistent with the statute and is void as a matter of law.

Download or read book Attorney General Opinion No 1975 246 written by Curt Thomas Schneider and published by . This book was released on 1975 with total page 2 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the commencement of a prosecution, it is proper for a Notary Public to administer the oath which is required when signing a complaint.

Download or read book Attorney General Opinion No 1980 244 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A fundamental right of every creditor is that of set-off. Thus, where the State of Kansas and another party are mutually-indebted for liquidated amounts, the state as a creditor may exercise such right of set-off. The exercise of such right does not compromise the integrity of the appropriation process. The director of accounts and reports is both impliedly and explicitly empowered by statute to exercise the right of set-off in the state's behalf. However, because requisite "state action" exists, such right must be exercised in consonance with the dictates of the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution. Affirming Attorney General Opinion No. 75-408, but modifying Attorney General Opinion No. 78-297. Cited herein: K.S.A. 75-3731; L. 1980, ch. 260, section 1; Kan. Const., Art. 2, section 24; 20 U.S.C.A. section 1232g; U.S. Const., Amend. XIV.

Download or read book Attorney General Opinion No 1980 261 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In the absence of statutory or case law prohibition, marriages in which one party is represented by a proxy at the time of the ceremony are legal in Kansas. In addition to complying with general statutory requirements established by K.S.A. 23-101 e̲t̲ s̲e̲q̲., the party who is to be represented by a proxy at the ceremony must confer a power of attorney on the latter to act on his or her behalf. Cited herein: K.S.A. 23-104a, K.S.A. 1979 Supp. 23-106, 23-301, L. 1980, ch. 106, section 1.

Download or read book Attorney General Opinion No 1980 094 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: By virtue of 12 U.S.C.A. section 484, national banks are insulated from "visitorial powers" other than those specifically authorized by law. As a result, even though a national bank has obtained a license from the Consumer Credit Commissioner to make supervised loans under the Uniform Consumer Credit Code, the Commissioner is precluded from examining or investigating any such national bank under authority of K.S.A. 16a-2-305(1), as such would constitute the exercise of "visitorial powers." Moreover, predicated on the judicial constructions of 12 U.S.C.A. section 85 (prescribing maximum rates for national banks), it is unnecessary for a national bank to be so licensed in order to charge the higher interest rates authorized for "licensed" supervised lenders by K.S.A. 1979 Supp. 16a-2-401(2). Cited herein: K.S.A. 16a-1-30(38), (39), (40)(as amended by section 4 of 1980 Senate Bill No. 731), K.S.A. 16a-2-301, 16a-2-304(2) and 16a-2-305(1), K.S.A. 1979 Supp. 16a-2-401(2), 12 U.S.C.A. sections 85, 484 and 12 C.F.R. sections 7.6025, 7.7310(a).

Download or read book Attorney General Opinion No 1981 260 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: Under the provisions of K.S.A. 1980 Supp. 22-4504 (as amended by L. 1981, ch. 157, sec. 1), the board of supervisors of panels to aid indigent defendants is empowered to adopt rules and regulations concerning the ability of a defendant in a criminal action to retain counsel to assist in his defense. Such rules and regulations specifically relate to the income, assets and anticipated costs of representation of a defendant. Pursuant to the 1981 amendment, such rules and regulations are controlling on any determination by a judge or magistrate as to whether a defendant is financially unable to employ counsel. Moreover, these rules and regulations are adopted in accordance with K.S.A. 77-415 e̲t̲ s̲e̲q̲., thus allowing the legislature to modify or reject them through the adoption of a concurrent resolution (K.S.A. 1980 Supp. 77-426). Insofar as the making of indigency determinations involves the resolution of questions of fact, which is a judicial and not a legislative function, control by the legislature over such determinations is an impermissible interference with the authority of another department of government. Accordingly, those provisions of L. 1981, ch. 157 which require the submission of such rules and regulations to the legislature and which make any rules and regulations so adopted binding on district courts are unconstitutional as violative of the separation of powers doctrine. Cited herein: K.S.A. 1980 Supp. 22-4501, 22-4504 (as amended by L. 1981, ch. 157, section 1), 22-4507, K.S.A. 22-4512, K.S.A. 1980 Supp. 22-4514, 77-415 (as amended by L. 1981, ch. 157, section 3), Kansas Constitution, Article 3, Section 1, United States Bill of Rights, Sixth Amendment, Fourteenth Amendment.

Download or read book Attorney General Opinion No 1980 102 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Matters involving specific persons under K.S.A. 75-4319(b)(1) and (5) may be discussed in executive session so long as no binding action is taken. However, investigations and research projects affecting groups of persons generally but not specifically, are not the proper subjects of a closed meeting, unless discussion concerns a subject matter otherwise specifically permitted to be considered in closed or executive session by 75-4319(b). Cited herein: K.S.A. 1979 Supp. 74-7401, 74-7402,74-7403, K.S.A. 75-4317, K.S.A. 1979 Supp. 75-4318, K.S.A. 75-4319.

Download or read book Attorney General Opinion No 1980 224 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: As K.S.A. 15-201, which provides for the election of at-large councilmen by cities of the third class, does not apply uniformly to all cities, a third class city may exempt itself by charter ordinance from all or part of the statute, and provide for the election of councilmen from wards. Cited herein: K.S.A. 13-205, 14-103, 15-201, Kan. Const., Art. 12, Sec. 5(b).

Download or read book Attorney General Opinion No 1980 189 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Real estate brokers and salespersons who have been continuously and actively licensed in this state for a period of five or more years immediately prior to July 1, 1980, are not required to submit evidence of "continuing education" under the provisions of Section 13(g) of the Real Estate Brokers' and Salespersons' License Act [L. 1980, Ch. 164, section 13(g)]. A real estate broker or salesperson need not have been continuously and actively engaged in the real estate business for the subject period of time in order to qualify for the exemption created by the aforesaid section. Cited herein: L. 1980, Ch. 164, 12(b) and 13(g).

Download or read book Attorney General Opinion No 1980 252 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A police officer has express authorization stated in the law to impound a vehicle driven by a defendant arrested under certain circumstances. However, even though such officer is responsible for taking appropriate measures to protect the property of an arrested person, the question of whether the officer's failure to impound such vehicle constitutes a breach of duty, creating an exposure to tort liability, must be resolved by a competent trier of fact in light of all relevant facts and circumstances. Cited herein: K.S.A. 8-1570, K.S.A. 1979 Supp. 75-6103.

Download or read book Attorney General Opinion No 1980 140 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Even though the president of the United States may have authority to delegate powers and duties to the governor, the president has no constitutional power to compel the governor's acceptance of such delegation. Moreover, under our constitutional form of government, the governor has no inherent power separate and apart from our state's constitution, and the authority of the governor must be derived from the specific grants of power to the governor in the constitution and in the laws duly enacted by the legislature thereunder. Thus, as respects powers and duties delegated to the governor by the president, the governor's ability to accept such delegation is dependent upon the existence of specific constitutional or statutory provisions providing such authority, or upon such authority as is to be reasonably and necessarily implied therefrom. Cited herein: Kan. Const., Art. 1, sections 3, 7; 15 U.S.C.A. sections 751 e̲t̲ s̲e̲q̲., 42 U.S.C.A. sections 8501 e̲t̲ s̲e̲q̲.

Download or read book Attorney General Opinion No 1980 158 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The common law doctrine of incompatibility of offices does not preclude a county commissioner from concurrently being employed as a filter plant operator by the city water department of a city located within the county where the commissioner holds office. Cited herein: K.S.A. 1979 Supp. 19-205.

Download or read book Attorney General Opinion No 1980 137 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Typewritten or handwritten words do not constitute a facsimile of a servicemark, and the submission of such with the application for registration does not comply with the statutory requirements of K.S.A. 81-113(d). Material changes of a mark by amendment are not allowed; thus a registrant is not permitted to amend the original mark with a new mark. The determination of whether a trademark application is sufficient to satisfy the statutory requirements prior to the registration of such mark vests only ministerial powers in the Secretary of State. Cited herein: K.S.A. 81-112, 81-113, 81-114, 81-118, 15 U.S.C.A. 1015 e̲t̲ s̲e̲q̲.

Download or read book Attorney General Opinion No 1980 154 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Public defenders are employees within the meaning of K.S.A. 1979 Supp. 75-6102, in the performance of professional services to their clients and are therefore, within the provisions of the Kansas Tort Claims Act and entitled to the indemnities, defenses and immunities contained therein. Cited herein: K.S.A. 22-4512, K.S.A. 1979 Supp. 22-4517, 22-4517a, 40-3401, 75-6101, 75-6102, 75-6103, 75-6104, 75-6105, 75-6108, 75-6109, 75-6111, 75-6115, United States Const., Sixth Amend., 18 U.S.C.A. 3006A (Supp. 1979).

Download or read book Attorney General Opinion No 1980 173 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A telephone conference call among members of a public body may constitute a meeting of such body, where the number of members engaged in such call is sufficient by statute to transact the business of the body, and so long as all members thereof are notified of the conference call and given the opportunity to participate. Meetings held pursuant to telephone conference calls are subject to the Open Meetings Act where such calls involve a majority of a quorum of the public body's membership, even though the number of members involved is not enough to transact the business of the public body. Cited herein: K.S.A. 75-4317, K.S.A. 1979 Supp. 75-4318.