Author: Robert T. Stephan
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Languages : en
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Pursuant to Section 2 of the City of La Cygne's Charter Ordinance No. 1056, at the regular city election held in April, 1979, and at each such election held every four years thereafter, a mayor is to be elected to serve a four-year term of office.
Author: Robert T. Stephan
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Languages : en
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The county treasurer has control over the means by which the duties imposed under the state motor vehicle registration laws are to be fulfilled. Thus, the county treasurer, and not the board of county commissioners, has the authority to fix the salaries of the necessary help needed to fulfill those duties. However, the county has no responsibility or authority to give financial assistance to the county treasurer in regard to the administration of the state motor vehicle registration laws. The financial resources available to the county treasurer to administer these laws are confined, by K.S.A. 1981 Supp. 8-145, to the amount deposited in the special fund provided for in that statute. (Attorney General Opinion No. 77-39 is withdrawn.) Cited herein: K.S.A. 1981 Supp. 8-145.
Author: Robert T. Stephan
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Languages : en
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Funds generated in the operation of college and university dormitories for which revenue bonds remain outstanding are to be placed in custodial accounts and invested by the pooled money investment board as "surplus reserves," unless otherwise required by bond agreements. Income in the form of interest on such accounts is to be credited to the custodial account generating such income and is not to be placed in the state general fund, unless otherwise required by bond agreements. Cited herein: K.S.A. 75-4201, 75-4210a, 75-4251, 75-4252, 75-4253, 75-4255, 76-161, 76-6a01, 76-6a05, 76-6a12, 76-6a15, 76-6a21.
Author: Robert T. Stephan
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Languages : en
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Student rentals and fees collected pursuant to K.S.A. 76-6a05 and delivered to the custody of the State Treasurer pursuant to K.S.A. 76-6a06 are custodial moneys within the meaning of the State Moneys Law, K.S.A. 75-4201 e̲t̲ s̲e̲q̲. As such, these moneys are to be placed in custodial bank accounts arranged for by the Pooled Money Investment Board pursuant to K.S.A. 75-4213. Cited herein: K.S.A. 75-4201, 75-4213, 75-4214, 76-6a01, 76-6a05, 76-6a06.
Author: Robert T. Stephan
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Languages : en
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There are no statutory obstacles to an election commissioner also holding the office of mayor of a city of the second class. Moreover, the common law doctrine of incompatibility of offices does not preclude such simultaneous incumbencies.
Author: Robert T. Stephan
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Languages : en
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Moneys deposited in the state treasury and credited to the "forestry, fish and game commission fee fund" are not custodial moneys within the meaning of the State Moneys Law, K.S.A. 75-4201 e̲t̲ s̲e̲q̲. Interest earned on such moneys must be credited to the state general fund, pursuant to the provisions of K.S.A. 75-4210a. Cited herein: K.S.A. 1980 Supp. 2-205; K.S.A. 2-2609, 8-267; K.S.A. 1980 Supp. 44-712; K.S.A. 49-420, 65-423, 72-6110, 74-3304, 75-3615, 75-3712; K.S.A. 1980 Supp. 75-4201; K.S.A. 75-4202, 75-4210a, 75-4252, 75-4255, 76-6a05, 76-6a06.
Author: Robert T. Stephan
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Languages : en
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The provisions of the Kansas Open Meetings Law preclude the election of the acting president of the City Council of Merriam by secret ballot. Cited herein: K.S.A. 1980 Supp. 75-4318.
Author: Robert T. Stephan
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Languages : en
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The common law doctrine of incompatibility of offices precludes a school board member from simultaneously holding the office of county commissioner or the office of mayor of a third class city with a mayor-council form of government. Cited herein: K.S.A. 13-2002, 14-301, 14-1402 and 15-301.
Author: Robert T. Stephan
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Languages : en
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Neither the provisions of K.S.A. 1980 Supp. 19-1803, nor the common law doctrine of incompatibility of offices, precludes a person from concurrently serving on the board of trustees of a county hospital and on the board of education of a local school district. Cited herein: K.S.A. 1980 Supp. 19-1803.
Author: Robert T. Stephan
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Languages : en
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The "most favored lender" doctrine established under 12 U.S.C. section 85 permits national banks to charge the maximum rate of interest permitted under state law to any competing lender. Section 521 of P.L. 96-221, the Depository Institutions Deregulatory and Monetary Control Act of 1980, accords most favored lender status to state-chartered, federally-insured banks. Thus, by virtue of the most favored lender doctrine and the express provisions of said section 521 (12 U.S.C. section 1831d), state banks in Kansas may charge interest at a rate which is the greatest of either: (1) one percent over the discount rate on ninety-day commercial paper in effect at the federal reserve bank in the federal reserve district where the bank is located; (2) the rate specifically prescribed for state banks by the laws of Kansas; or (3) the highest rate available to lenders generally pursuant to the laws of Kansas. Additionally, interest rates on agricultural and business loans of $1,000 or more have been preempted by federal legislation, and such rates are now prescribed by section 324 of P.L. 96-399. Cited herein: K.S.A. 1980 Supp. 16a-2-401, as amended by section 1 of 1981 House Bill No. 2578, L. 1980, ch. 76, section 1, 12 U.S.C. sections 85, 86a, 1831d, P.L. 96-221, sections 501, 511, 512, 521, 522, 523, 525, P.L. 96-399, section 324, 12 C.F.R. section 7.7310.
