Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
Gross operating revenue," as that term is used in 1989 House Bill No. 2502, includes revenue received from transactions other than title insurance. For purposes of determining whether 20% of gross operating revenue received in the previous six months is derived from controlled business, revenue received from transactions involving land sales in counties populated by 10,000 or less is not included. Since the prohibitions contained in the act do not substantially impair obligations under existing title insurance contracts, the act does not violate the contracts clause of the United States Constitution. The distinction between counties having a population of 10,000 or less and those having a population of more than 10,000 does not create an impermissible classification. Finally, the rule-making authority granted by the act does not conflict with the statute granting rulemaking authority in areas not affected by the act. Cited herein: K.S.A. 40-1111, as amended by L. 1988, ch. 156, section 19; K.S.A. 40-2404 (Ensley 1986); K.S.A. 1988 Supp. 40-2404, as amended by 1989 House Bill No. 2502; K.S.A. 40-2404a; K.A.R. 40-3-43 (Proposed, not yet published); U.S. Const. Art. I, section 10, cl. 1.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
Subsequent to a DUI arrest, the withdrawal of blood may be performed by a person acting under the supervision of a licensed physician or surgeon. The term "supervision" is not defined by statute, but connotes overseeing with direction, superintending, and inspecting with authority. Cited herein: K.S.A. 1986 Supp. 8-1001; K.S.A. 65-2872.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
It is our opinion that: 1) A nonprofit organization applicant proposing to construct or own, or both, and manage a racetrack facility need only pay the application fee required by K.S.A. 1987 Supp. 74-8813(a) for an organization license; 2) a fair association or national greyhound association applicant proposing to construct or own, or both, and manage a racetrack facility need only pay the application fee established by the racing commission pursuant to K.S.A. 1987 Supp. 74-8814; 3) a for profit applicant proposing to construct or own, or both, and manage a racetrack facility must obtain a facility owner license and a facility manager license and pay an application fee for each as provided in K.S.A. 1987 Supp. 74-8815(c); 4) a facility owner license applicant seeking to construct or own, or both, racetrack facilities in more than one geographic location must pay multiple application fees to cover the costs associated with processing the information required relative to each location; 5) a facility owner or facility manager applicant may propose to construct, own and/or manage racetrack facilities in more than one county; and 6) if a facility owner license expires pursuant to K.S.A. 1987 Supp. 74-8815(i), the deposit required by subsection (d) of 74-8815 will be forfeited. Cited herein: K.S.A. 1987 Supp. 74-8801; 74-8810; 74-8813; 74-8814; 74-8815; K.A.R. 112-3-2; 112-3-6; 112-3-9; 112-3-10; 112-3-12; 112-3-13; 112-3-14 (Kan. Reg.).
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
The funeral picketing act is content-neutral, leaves open ample alternative channels of communication and can be read to be narrowly tailored to serve a significant government interest. As such, it is a valid restriction on the time, place and manner of otherwise protected speech. Cited herein: 1992 Senate Bill No. 626, section 4; U.S. Const., Amend. I.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
The Board of Pharmacy does not have authority to promulgate a regulation mandating patient profile records as the proposed regulation goes beyond the statutory authority conferred on the agency. Cited herein: K.S.A. 65-1627; 65-1630; 65-1637; 65-1642; 65-1643; 74-1603; K.A.R. 68-2-21 (proposed to take effect May 1, 1986).
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
Pursuant to K.S.A. 82a-1021(e), an eligible voter in groundwater management district elections must either own a specified quantity of land or be a user of a specified amount of groundwater annually. In the case of property which is leased to a tenant, the statute provides that the landowner, and not the tenant, possesses the right to vote for such property, unless provided otherwise by the parties in interest. However, should the tenant meet the standard for a water user, he too would be an eligible voter, Cited herein: K.S.A. 82a-1021(e), 82a-1030.
Author: Carla J. Stovall Publisher: ISBN: Category : Languages : en Pages :
Book Description
Because the mortgage registration fee is a tax on property, mortgages tendered for filing by a city would be exempt from payment of the mortgage registration fee if the mortgage instrument is used exclusively by the state, a municipality or political subdivision of the state. Cited herein: K.S.A. 1995 Supp. 79-201 a; 79-3102; 79-3606.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
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.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
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.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
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.
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Carla J. Stovall
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan