Download or read book Attorney General Opinion No 1984 079 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 law enforcement training schools that are to be certified annually under K.S.A. 1983 Supp. 74-5604a(a), are those training schools of state or local law enforcement agencies only. A law enforcement training program which is offered solely as an approved course of a community college and which is not provided on behalf of a law enforcement agency pursuant to a duly authorized contract, is not eligible for certification as a state or local law enforcement agency training school. Any state law enforcement agency and any community college are granted authority by K.S.A. 1983 Supp. 75-3099 to enter into an agreement for the community college to provide instruction on behalf of the state law enforcement agency. A law enforcement training program which is provided by a community college pursuant to such an agreement would be eligible for certification under K.S.A. 1983 Supp. 74-5604a(a). However, boards of trustees of the state's community colleges have not been granted the authority to contract with lo̲c̲a̲l̲ law enforcement agencies to provide instruction on behalf of such agencies. Consequently, a local law enforcement agency training school cannot be conducted by a community college. Cited herein: K.S.A. 1983 Supp. 71-201, as amended by L. 1984, ch. 256, section 1; 74-5604a; 75-3099.

Download or read book Attorney General Opinion No 1985 079 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: Where voters approve elimination of intangibles tax at a referendum held pursuant to subsection (e) of K.S.A. 1984 Supp. 12-1,101, as amended, a city governing body must enact an ordinance eliminating the tax. However, under the provisions of the statute, the governing body may subsequently overturn the results of the referendum and reimpose the tax through the passage of a new ordinance. Cited herein: K.S.A. 1984 Supp. 12-1,101 (as amended by 1985 House Bill No. 2347), K.S.A. 60-802.

Download or read book Attorney General Opinion No 1984 074 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: Section 3 of chapter 358 of the session laws of 1984 makes it unlawful for any person to sell or distribute smokeless tobacco to any person under the age of 18 years. Smokeless tobacco includes any tobacco product which is suitable for chewing, as defined by K.S.A. 79-3370. Unlike the cereal malt beverage laws at K.S.A. 41-2701 e̲t̲ s̲e̲q̲., the new act contains no prohibition on either the possession of smokeless tobacco by persons under the age of 18 or the dispensing by minors of such products. Accordingly, it is not a violation of the law for a retailer who sells such products to employ minors who assist in the handling or sale of smokeless tobacco. Cited herein: K.S.A. 41-2708, K.S.A. 1983 Supp. 41-2721, K.S.A. 79-3370, L. 1984, ch. 358.

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.

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.

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.

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.

Download or read book Attorney General Opinion No 1984 023 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. 1983 Supp. 8-1567 (c), (d) and (e) provide that a person convicted of a violation of the statute is not eligible for probation or suspension or reduction of sentence until the minimum time of imprisonment has been served. While the term "parole" is not specifically used, the statute must be construed to include parole within those actions which are not allowed before the minimum sentence is served. Cited herein: K.S.A. 1983 Supp. 8-1567, K.S.A. 12-4511.

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.

Download or read book Attorney General Opinion No 1984 104 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: Reserve police officers are not law enforcement officers but rather persons who assist law enforcement officers, and therefore fall within the general prohibition against carrying concealed firearms when off duty. K.S.A. 1983 Supp. 21-4201(1)(d). They may carry concealed firearms when on duty or during those hours they are actively engaged in assisting law enforcement officers. Cited herein: K.S.A. 19-805b, 21-3110, K.S.A. 1983 Supp. 21-4201, 74-5602.

Download or read book Attorney General Opinion No 1984 130 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: Section 5 of chapter 282 of the 1984 Session Laws of Kansas prohibits a person from receiving any list 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. However, lists of names derived from public records may be used for purposes other than that prohibited by the statute. Thus, a person may use names derived from public records for the purpose of publishing a plat book in which the legal descriptions of property, and the owners' names are given, without violating section 5 of chapter 282. Cited herein: L. 1984, ch. 282, section 5.

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.

Download or read book Attorney General Opinion No 1984 014 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. 79-2801 authorizes the board of county commisioners to order the county attorney or county counselor to bring foreclosure actions in district court against the owners of real estate which has been purchased by the county at a delinquent tax sale and which has been unredeemed for the statutory three year period. Although the statute speaks of the filing of "an action," the determination whether to join all potential defendants into one suit rests in the discretion of the county attorney or county counselor, who may accordingly file multiple suits which may be heard separately or, at the option of the trial court, consolidated into one or more proceedings. Cited herein: K.S.A. 1983 Supp. 77-201, T̲h̲i̲r̲d̲, K.S.A. 79-2801.

Download or read book Attorney General Opinion No 1984 047 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 the restrictions of K.S.A. 17-5904, and subject to exemptions prescribed therein, corporations (other than family farm corporations and authorized farm corporations) may not own agricultural land in this state. An investment plan whereby a corporation (other than a family farm corporation or authorized farm corporation) would own agricultural land, subject to a "buyback option," would violate the restrictions of the aforesaid statute. Cited herein: K.S.A. 1983 Supp. 17-5903, K.S.A. 17-5904.

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.

Download or read book Attorney General Opinion No 1984 036 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. 15-104 provides that cities of the third class "shall be and remain a part of the corporate limits of the townships in which the same are situated." However, said statutory provision does not operate retroactively so as to effect the status of cities which had become separate townships pursuant to L. 1905, ch. 126, section 1, and such cities are not part of the corporate limits of the townships in which the same are situated. Cited herein: K.S.A. 15-104.

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.