Download or read book Attorney General Opinion No 1988 166 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: K.S.A. 1987 Supp. 16-601i authorizes the investment of funds obtained from the sale of investment certificates in a majority-owned affiliate or subsidiary of the issuer as long as the affiliate/subsidiary is engaged in the same type of business as the issuer and does not itself issue investment certificates. Based on the historical background of the investment certificate act and the rules of statutory construction, it is our opinion that this provision would not preclude the acquisition of the majority stock of a savings and loan association with funds obtained from the sale of investment certificates. However, the Consumer Credit Commissioner has the discretion to prohibit such an investment if her determination is reasonably based on other provisions of the act. Cited herein: K.S.A. 1987 Supp. 9-1101, as amended by L. 1988, ch. 62, section 1; 16-601i; 16-630; 16a-1-301, as amended by L. 1988, ch. 85, section 2; 17-5501.

Download or read book Attorney General Opinion No 1994 166 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: If a witness is subpoenaed to appear in two separate courts on the same day and appearance in both courts is thereby made impractical or impossible, the witness may choose which subpoena to honor. There is no established priority between subpoenas that would give one preference over the other based either on jurisdiction or the time or method of service. Cited herein: K.S.A. 1993 Supp. 60-245; K.S.A. 22-3214; Fed. R. Civ. P. 45; Fed. R. Crim. P. 17.

Download or read book Attorney General Opinion No 1988 160 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: Claims against a county, based upon federal civil rights law, are not subject to the damage limitation provisions set forth in the Kansas tort claims act. K.S.A. 1987 Supp. 75-6105 sets a damage limitation and K.S.A. 1987 Supp. 75-6111 creates an exception to that limitation when an insurance policy is purchased that has policy limits in excess of the limitation. If such a policy is purchased, the damage limitation becomes the limitation of the policy. If a policy does not cover liability for certain claims, the damage limitation contained in K.S.A. 1987 Supp. 75-6105 remains applicable. Cited herein: K.S.A. 1987 Supp. 75-6105; 75-6111.

Download or read book Attorney General Opinion No 1978 166 written by Curt Thomas Schneider and published by . This book was released on 1978 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The two (2) weeks limitation of K.S.A. 38-817(a) is not tantamount to the Sixth Amendment Constitutional guarantee of a right to a speedy trial afforded the accused in a criminal action. The two (2) weeks limitation is not jurisdictional in nature but is a procedural guideline for the courts to follow in juvenile matters. The state is not foreclosed from refiling a juvenile matter which has been dismissed due to the fact that a hearing had not been set within the two (2) weeks limitation of K.S.A. 38-817(a).

Download or read book Attorney General Opinion No 1979 166 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: Pursuant to the provisions of K.S.A. 79-306 and 79-1422, the final date upon which statements listing the tangible personal property of individual taxpayers must be filed before a penalty for late filing will be assessed is the last day of February.

Download or read book Attorney General Opinion No 1988 085 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: 42 U.S.C. 290aa, Part C, Sec. 523b(1) prohibits the use of federally provided amounts as a non-federal match contribution. Once a recipient provider has properly received Medicaid reimbursement funds and is free to expend them in any legally permissible manner, those funds become the freely alienable property of that recipient. Thus, such a recipient and not the federal government provides the funds which may thereafter be used to match a grant pursuant to 42 U.S.C. 290aa, Part C, Sec. 523(a). Cited herein: 42 U.S.C. 290aa, Part C, Sec. 523; 42 U.S.C.A. 1396; 42 C.F.R. 74.53; 42 C.F.R. 433.45; K.S.A. 39-701, 39-717, 75-3301, 75-5301; K.A.R. 30-5-58.

Download or read book Attorney General Opinion No 1988 075 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: A local government cannot be held liable for a violation of civil rights by its agents under 42 U.S.C. section 1983 on the basis of a respondeat superior theory. Local governments are liable only when execution of a government policy or custom inflicts the injury. Cited herein: K.S.A. 1987 Supp. 8-116a; 42 U.S.C. section 1983.

Download or read book Attorney General Opinion No 1988 082 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: K.S.A. 1987 Supp. 36-206 and 36-207, add "dwelling unit" to penal statutes of defrauding an innkeeper or owner. K.S.A. 1987 Supp. 36-206 and 36-207, as applied to tenants, do not violate Section 16 of the Bill of Rights of the Constitution of the State of Kansas nor do they violate the due process provisions of the Fourteenth Amendment of the United States Constitution. Cited herein: K.S.A. 1987 Supp., 26-206; 36-207; Kan. Const., Bill of Rights, section 16; U.S. Const., Fourteenth Amendment.

Download or read book Attorney General Opinion No 1988 072 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: An appointed non-lawyer member may not continue membership on the judicial nominating committee once that member has been granted a temporary permit to practice law. Cited herein: K.S.A. 20-119; 20-120, 20-123; 20-124; 20-125; 20-127; Supreme Court Rule 705.

Download or read book Attorney General Opinion No 1988 044 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: In B̲e̲l̲l̲o̲t̲t̲i̲ ̲v̲.̲ ̲B̲a̲i̲r̲d̲, 443 U.S. 622, 995 S. Ct. 3035, 61 L. Ed. 2d 797 (1979) (plurality opinion) the United States Supreme Court held that the United States Constitution would permit a state to require a pregnant minor to obtain parental consent to an abortion if the state provided an alternative procedure whereby the minor could establish that she was mature enough to make the decision on her own or that it would be in her best interests to have the abortion. Since 1988 House Bill No. 2950 establishes such an alternative procedure, it is our opinion that its parental consent requirements would pass constitutional muster. Cited herein: 1988 House Bill No. 2950.

Download or read book Attorney General Opinion No 1988 073 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: 1988 House Bill No. 2704, places restraints on the "property rights" of individuals in order to promote and protect the well established public welfare interest of insuring that human remains are treated properly. In our opinion it clearly represents a valid exercise of the state's inherent police power. Therefore, any private individual claiming ownership of human skeletal remains would not be entitled to compensation simply because the state regulation requires relinquishment of the remains. However, if a claimant convinced the court that 1988 House Bill No. 2704 operated as an eminent domain taking of an identifiable property interest, rather than a valid exercise of police power, the court could require compensation for any legally held property interest taken by the regulation. Valuation of such a property interest would require consideration of factors set forth in K.S.A. 26-513(d) and evidence of (1) the fair market value and condition of the portion of property at the time of the taking, and (2) the loss of that value to the legal owner. Cited herein: K.S.A. 7-103; 12-707; 12-1401; 13-14c01; 14-1007; 15-1001; 15-1014; 17-1302; 19-1015; 19-2901; 19-3106; 21-3512; 21-4112; 21-4115; 21-4214; 22-3902; 26-513; 41-101; 58-2501; 65-901; 65-1701; 65-4127; 73-301; and 80-916.

Download or read book Attorney General Opinion No 1985 166 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: While K.S.A. 12-527 prescribes no time limit within which a city must purchase rural water district lines and facilities located upon land annexed by the city, such purchase must be accomplished within a reasonable time following annexation. The reasonableness of the time within which a city proposes to consumate such a purchase is a question of fact to be ascertained in light of all facts and circumstances. Additionally, a city is not liable for severance damages in acquiring title to rural water district lines and facilities under the provisions of K.S.A. 12-527. Cited herein: K.S.A. 12-527; 26-504.

Download or read book Opinions of the Attorney General and Report to the Governor of Virginia written by Virginia. Office of the Attorney General and published by . This book was released on 1979 with total page 620 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Attorney General Opinion No 1988 024 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: The issue of whether there has been a violation of the Voting Rights Act or the Fourteenth and Fifteenth Amendments to the United States Constitution in utilizing at large or multi-member electoral systems is a question of fact. Relevant factors a court will consider in making such a factual determination are set forth in this opinion. Cited herein: 42 U.S.C.A. section 1973a.

Download or read book Attorney General Opinion No 1988 012 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: Section 7 of the Kansas Bill of Rights and the First Amendment to the United States Constitution guarantee free exercise of religion. Students do not shed these rights when they enter school grounds. Absent a compelling state interest, a student may not be prohibited from reading a Bible or other religious text during free reading periods or unstructured recesses. Cited herein: Kan. Const. Bill of Rights, section 7; U.S. Const., Amend. I.

Download or read book Attorney General Opinion No 1988 062 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: When the state operates an information network, it may be subject to liability for damages if liability would exist were the network operated by an individual. To state a cause of action for negligence, an injured party must show a duty, a breach of that duty, and damages which were caused by the breach of duty. The state, in operating an information network, may be gratuitously rendering services which are recognized as necessary for the individual's protection, thus giving rise to a duty. If negligence is established, the state may avail itself of exceptions from liability found in the tort claims act. Cited herein: K.S.A. 75-6101; 75-6103(a); K.S.A. 1987 Supp. 75-6104.

Download or read book Attorney General Opinion No 1988 097 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: A public body must comply with the provisions of the Kansas Open Meetings Act if two tests are met: (1) the body is a legislative or administrative agency of the state or one of its political or taxing subdivisions, or is subordinate to such a body; and (2) the body receives or expends and is supported in whole or in part by public funds. A rural water district meets the first test as it is a political subdivision of the state. The second test is met if the district receives federal or state grants or other such public funding. Cited herein: K.S.A. 24-1201; K.S.A. 1987 Supp. 24-1219; K.S.A. 75-4317; K.S.A. 1987 Supp. 75-4318; K.S.A. 82a-612; K.S.A. 1987 Supp. 82a-613; K.S.A. 82a-614; 82a-616; 82a-619a; 82a-625; 82a-638.