Attorney General Opinion No. 1988-166 PDF Download
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Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
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.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
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.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
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.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
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.
Author: Curt Thomas Schneider Publisher: ISBN: Category : Languages : en Pages :
Book Description
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).
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
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.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
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.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
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.
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
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.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
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.
Author: Robert T. Stephan
Author: Robert T. Stephan
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
Author: Robert T. Stephan
Author: Robert T. Stephan