Attorney General Opinion No. 1980-113 PDF Download

Author: Robert T. Stephan
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Languages : en
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The legislature has vested broad regulatory authority over public utilities in the State Corporation Commission. Where lawful and reasonable orders, issued by the State Corporation Commission, in compliance with a decision by the Kansas Supreme Court, compel changes in the handling of late payment charges on utility bills, the Woodson County Commissioners must either change their payment date accordingly, or pay the late charges. Cited herein: K.S.A. 66-101, K.S.A. 1979 Supp. 66-104, 66-118d.

Author: Robert T. Stephan
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Languages : en
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Pursuant to K.S.A. 16a-6-113, the Consumer Credit Commissioner may proceed on behalf of consumers to recover the actual amount of excess finance charge, since this amount is more properly characterized as actual damages rather than a penalty. However, the recovery available in addition to the actual excess charge, as provided in K.S.A. 16a-5-201(3), is a penalty and the Commissioner is precluded by K.S.A. 16a-6-113 from proceeding to recover same. Cited herein: K.S.A. 16a-5-201(3), 16a-6-113.

Author: Robert T. Stephan
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Languages : en
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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.

Author: Curt Thomas Schneider
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Languages : en
Pages : 5

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The exchange agreements which existed between the State Law Library as a department of the State Law Library and foreign jurisdictions at the time of the transfer (July 1, 1975) became the property of the Kansas Supreme Court Law Library and under the control of the Kansas Supreme Court Law Library.

Author: Robert T. Stephan
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Languages : en
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The ownership by a township of a residence which is provided to the road supervisor is a public purpose, insofar as the supervisor also oversees the equipment, materials and supplies of the township that are kept on the premises, as well as maintaining the township hall. Accordingly, in the event that such residence is damaged or destroyed by fire, the township may issue general obligation bonds following an election approving same, with the proceeds used for repair or reconstruction. Cited herein: K.S.A. 1980 Supp. 80-104, K.S.A. 80-113.

Author: Robert T. Stephan
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Languages : en
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The purpose of an appearance bond is to assure the presence of persons accused of crimes at the time and place of the trial. The purpose of the appearance bond is deemed fulfilled when the accused appears for a hearing and a verdict is announced. Unless an agreement states otherwise, an appearance bond cannot be retained to insure completion of programs imposed by the court or payment of fines assessed against the defendant. Cited herein: K.S.A. 22-2202, 22-2208, 22-2802.

Author: Robert T. Stephan
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Languages : en
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Because the person who was certified as being elected mayor of the City of St. John was not a registered voter at the time of the city election, such person was not a qualified elector of the city at the time of such election. Accordingly, such person did not meet the qualifications prescribed for the election to such office by K.S.A. 15-209, which requires that a candidate for election to the office of mayor of a third class city having a mayor-council form of government must be a qualified elector of the city at the time of the election. Thus, such persons' election is void. Even though ineligible to hold such office, such person has served in the capacity of mayor as a d̲e̲ f̲a̲c̲t̲o̲ officer, and in that capacity, such person's acts are valid and effectual where they concern the public or the rights of third persons, to the same extent as if such person were an officer d̲e̲ j̲u̲r̲e̲. Cited herein: K.S.A. 15-209.

Author: Robert T. Stephan
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Languages : en
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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.

Author: Robert T. Stephan
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Languages : en
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A person who is a candidate for nomination or election to the legislature must be a qualified elector, which requires in̲t̲e̲r̲ a̲l̲i̲a̲ that such person has attained the age of eighteen. Thus, a person who will not attain the age of eighteen until March of 1983 may not be a candidate for nomination or election as a state representative at the 1982 primary or general election. Cited herein: K.S.A. 25-2306, Kan. Const., Art. 2, section 4; Art. 5, section 1.

Author: Robert T. Stephan
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Languages : en
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Municipal airport property may be leased only for those purposes "directly or incidentally and necessarily required for the successful and proper operation" of the airport, and cannot be leased for commercial ventures unrelated to aviation purposes. (Affirming Attorney General Opinion No. 75-402.) Cited herein: K.S.A. 1980 Supp. 3-113, K.S.A. 3-116.