Attorney General Opinion No. 1977-220 PDF Download
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Author: Curt Thomas Schneider
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Under 1977 Senate Bill 318, students who are ineligible for payment of tuition for enrollment at area vocational technical schools under the Comprehensive Employment and Training Act of 1973, or any other federal act, fall within the definition of "post-secondary student" as found at K.S.A. 1976 Supp. 72-4430(f), as amended by said bill, and must be included in the "total postsecondary enrollment" on which the state post-secondary aid is determined.
Author: Curt Thomas Schneider
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Under 1977 Senate Bill 318, students who are ineligible for payment of tuition for enrollment at area vocational technical schools under the Comprehensive Employment and Training Act of 1973, or any other federal act, fall within the definition of "post-secondary student" as found at K.S.A. 1976 Supp. 72-4430(f), as amended by said bill, and must be included in the "total postsecondary enrollment" on which the state post-secondary aid is determined.
Author: Curt Thomas Schneider
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Any citizen, whether a resident of this state or of another state, is entitled to access to documents which are public records under K.S.A. 45-201.
Author: Curt Thomas Schneider
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Prior to 1977, K.S.A. 58-2306 provided that any mortgage of real property "may" be discharged by an entry on the record thereof acknowledging the satisfaction of the mortgage signed in the presence of the Register of Deeds who shall subscribe as a witness. This law was amended by House Bill No. 2398 in the 1977 Session to provide that a mortgage "shall" be discharged by an instrument "duly acknowledged and certified as other instruments affecting real estate." The form submitted complies with this new law, except that the form provides for an acknowledgment only by a "notary public." K.S.A. 58-2211 provides that instruments affecting real estate may be acknowledged before a "Court having a seal, or some judge, justice, or clerk thereof, or some notary public, county clerk, or register of deeds, or mayor or clerk of an incorporated city."
Author: Curt Thomas Schneider
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For purposes of licensure by endorsement as provided by K.S.A. 65-2833, Guam is a "territory."
Author: Curt Thomas Schneider
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Any citizen alleging the commission of a crime may file a complaint pursuant to K.S.A. 12-4202.
Author: Curt Thomas Schneider
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The legislature is without authority to reduce the territory liable for payment of the principal and interest requirements of general obligation bonds of such territory once such bonds have been issued and sold.
Author: Curt Thomas Schneider
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A license may not be issued for the marriage of two persons of the same sex.
Author: Curt Thomas Schneider
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Proposed Rule 18, being considered for adoption by the Joint Committee on Special Claims against the State, regulating the compensation paid by claimants to attorneys and other persons representing such claimants before the Committee, goes beyond the authority of the Committee to adopt rules governing its own procedures. Any such regulatory authority must be exercised by valid and constitutional legislative enactment rather than by committee rules which govern only the parliamentary and procedural conduct of business before the Committee.
Author: Curt Thomas Schneider
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Under the 1976 amendment to K.S.A. 20-904, the court reporter's fee of one dollar and fifty cents provided by that statute is to be assessed against the docket fee which is paid for the filing of actions under the Kansas Code of Civil Procedure, i.̲e̲.̲, civil actions, and is not required to be assessed against docket fees which are assessed and collected in criminal actions pursuant to K.S.A. 1976 Supp. 28-172a.
Author: Curt Thomas Schneider
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A bank card draft which is authorized by 1977 Senate Bill 76 as a bond for offenses enumerated in K.S.A. 8-2107(d), as amended, is not an acceptable and sufficient bond unless said draft will be honored by the issuing institution by payment to the court of the full amount required for the offense involved by subsection (d). The bond represents an obligation to the State of Kansas, and no official of the state, including the court accepting said bond, is authorized to accept payment thereof at a discounted rate in an amount less than the full amount required by law for the offenses involved.
