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Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
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.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
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.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
Even though facilities constructed by a corporation, including "bodies politic and corporate," are to be used by the general public, in-house professional services performed in connection therewith by employees of such corporation are performed "solely for the benefit of the corporation." Under these circumstances, such corporations and bodies politic and corporate are exempt from the registration requirements of the Technical Professions Act, as prescribed by Section 1(d) of Chapter 244 of the 1980 Session Laws. Cited herein: K.S.A. 1979 Supp. 74-7035 and L. 1980, ch. 244, section 1.
Author: Vern Miller Publisher: ISBN: Category : Languages : en Pages : 4
Book Description
After discussions with the Office of Revenue Sharing, Department of the Treasury, Washington, D.C., we are constrained to withdraw our opinion no. 74-150, issued to you under date of May 16, 1974.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
Pursuant to the provisions of K.S.A. 74-3302 and K.S.A. 32-214, the Kansas Fish and name Commission may accept a donation of certain mined lands located in Cherokee County, Kansas. Cited herein: K.S.A. 32-214, 74-3302, 75-3036; K.S.A. 1980 Supp. 75-3739; and L. 1981, Ch. 25, section 6(a).
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
The provisions of K.S.A. 58-2431 e̲t̲ s̲e̲q̲. govern the creation of trusts for the benefit of the state of Kansas. Among other requirements, said statutory provisions prescribe that the trustee of such a trust must be an agency of the state of Kansas, and that, in the case of written instruments, the beneficial interest in the trust must be accepted by the governor. The Kansas Fish and Game Commission must comply with the requirements of K.S.A. 58-2431 e̲t̲ s̲e̲q̲. prior to entering into any trust agreement whereby moneys are donated for the improvement of donated lands. Where the Kansas Fish and Game Commission is the trustee under a trust for the improvement of certain donated state lands, and is contracting for the improvement of such lands, the competitive bidding requirements prescribed by K.S.A. 1980 Supp. 75-3739 would apply. Kansas Attorney General Opinion No. 81-244 is modified as set forth herein. Cited herein: K.S.A. 58-2431, 58-2437, K.S.A. 1980 Supp. 75-3739.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
Pursuant to L. 1980, ch. 72, section 3, "personal liability" is imposed upon boards of public utilities and their employees in certain circumstances. Such imposition of "personal liability" does not violate constitutional requirements of equal protection and due process, and is not invalid or unenforceable on the ground of vagueness. Employees of a board of public utilities and board members are not entitled to be indemnified or defended against the personal liability imposed by L. 1980, ch. 72, section 3. Cited herein: K.S.A. 13-1220, K.S.A. 1979 Supp. 13-1221, 13-1223, 13-1227, 13-1228, 13-1258, K.S.A. 13-1271, K.S.A. 1979 Supp. 75-6101; L. 1980, ch. 72, sections 3, 7, 8, 14, 19, and 22; Kan. Const., Bill of Rights sections 1, 2; and U.S. Const., Fourteenth Amendment.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
Through the imposition of fines for unlawful conduct, K.S.A. 1980 Supp. 8-1901(d) imposes criminal liability. In addition, subsection (a) of that statute does not appear to violate the United States Constitution's Equal Protection Clause, although it only imposes liability upon a limited class of persons. Moreover, that subsection appears to convey a sufficiently definite warning as to the conduct proscribed therein, so as to avoid being unconstitutionally vague and uncertain. Cited herein: K.S.A. 1980 Supp. 8-1901, 8-1909, K.S.A. 8-2116, 8-2204, 21-3105, K.S.A. 1980 Supp. 21-4503, U.S. Const., Amend. XIV.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
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).
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
The provisions of K.S.A. 12-708, relating to protests against zoning amendments, are mandatory, and the City of Merriam must allow a full fourteen-day period for the filing of protests before taking any action upon a recommendation of the planning commission. Cited herein: K.S.A. 12-708.
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Vern Miller
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Curt Thomas Schneider
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan