Attorney General Opinion No. 1985-060 PDF Download
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Author: Robert T. Stephan
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Pursuant to the provisions of K.S.A. 79-41a04 (as amended by 1985 Senate Bill No. 370), the governing body of a city that has a population of 10,000 or less may transfer any moneys credited to a special alcohol programs fund (established pursuant to L. 1979, ch. 152, section 14) to the city general fund. Cited herein: K.S.A. 79-41a04 (as amended by 1985 Senate Bill No. 370); L. 1982, ch. 424, section 5; L. 1979, ch. 152, section 14.
Author: Robert T. Stephan
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Languages : en
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Pursuant to the provisions of K.S.A. 79-41a04 (as amended by 1985 Senate Bill No. 370), the governing body of a city that has a population of 10,000 or less may transfer any moneys credited to a special alcohol programs fund (established pursuant to L. 1979, ch. 152, section 14) to the city general fund. Cited herein: K.S.A. 79-41a04 (as amended by 1985 Senate Bill No. 370); L. 1982, ch. 424, section 5; L. 1979, ch. 152, section 14.
Author: Robert T. Stephan
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No fee is authorized and no fee should be charged by a register of deeds when filing a judgment pursuant to K.S.A. 60-2201(b). Cited herein: K.S.A. 1984 Supp. 28-115; K.S.A. 60-2201.
Author: Robert T. Stephan
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Reservation of the name "Kansas, Inc." for a corporate name does not preclude the legislature from using this name in 1986 House Bill No. 2960. K.S.A. 17-7402 prevents other corporations from registering with the Secretary of State under names that have been reserved. The fact that Kansas, Inc. has been reserved as the official name of a future corporation is of no consequence because the entity created by H.B. 2960 is in fact an agency of the state and is not required to register as a corporation. In addition, corporate name reservation does not prevent another entity from using that name outside its official registration. Furthermore, the right to the name "Kansas," used alone without any descriptive words, belongs to the people of the state. A private corporation, therefore, cannot adopt the name "Kansas, Inc." as such use would be in derogation of existing public rights to that name. Cited herein: K.S.A. 1985 Supp. 17-6002; K.S.A. 17-7402.
Author: Robert T. Stephan
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The common law doctrine of incompatibility of offices does not preclude one person from simultaneously holding the offices of deputy sheriff and mayor of a third class city having the mayor-council form of government. Cited herein: K.S.A. 15-301, 15-308, K.S.A. 1984 Supp. 19-805, K.S.A. 19-812, 19-813.
Author: Robert T. Stephan
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The common law doctrine of incompatibility of offices precludes one person from simultaneously holding the offices of city council member and county clerk. Cited herein: K.S.A. 79-1965, 79-5004.
Author: Robert T. Stephan
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Where voters approve elimination of intangibles tax at a referendum held pursuant to subsection (e) of K.S.A. 1984 Supp. 12-1,101, as amended, a city governing body must enact an ordinance eliminating the tax. However, under the provisions of the statute, the governing body may subsequently overturn the results of the referendum and reimpose the tax through the passage of a new ordinance. Cited herein: K.S.A. 1984 Supp. 12-1,101 (as amended by 1985 House Bill No. 2347), K.S.A. 60-802.
Author: Robert T. Stephan
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Languages : en
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In cases in which a defendant is charged with violating the "p̲e̲r̲ s̲e̲" provision of the statute prohibiting driving under the influence of alcohol [K.S.A. 1984 Supp. 8-1567, as amended by L. 1985, Ch. 48, section 9], evidence regarding the validity of the blood alcohol test is relevant and admissible. Cited herein: K.S.A. 8-1567 as amended by L. 1985, Ch., 48, section 9; K.S.A. 60-407(f).
Author: Robert T. Stephan
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Under the provisions of K.S.A. 75-6116 (as amended by L. 1985, ch. 293, 11), the obligation of a city to pay attorneys fees incurred by a city officer in defending a civil rights action is subject to the conditions and limitations prescribed by K.S.A. 75-6108. Those conditions include the filing of a written request (within 15 days after service of process upon the employee) that the city provide for the defense of the employee. K.S.A. 75-6108(d) and (e). Where no such request is filed, a city is not liable for attorneys fees incurred by the employee; however, the city governing body may, in its discretion, pay attorneys fees notwithstanding the failure to file a written request. Cited herein: K.S.A. 75-6102, 75-6108; 75-6116; L. 1985, ch. 293, section 1.
Author: Robert T. Stephan
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Banks for cooperatives are not so closely connected to the federal government to entitle them to constitutional immunity from state taxation, nor are they exempt from payment of mortgage registration tax by virtue of 12 U.S.C.A. section 2134 (West Supp. 1988). Language in Attorney General Opinion No. 87-190 indicating a contrary conclusion for production credit associations is hereby withdrawn. Cited herein: K.S.A. 79-3101; K.S.A. 1987 Supp. 79-3102; 12 U.S.C.A. sections 2002, 2013, 2023, 2031, 2055, 2077, 2091, 2121, 2130, 2134 (West Supp. 1988); Pub. L. No. 99-205, 99 Stat. 1678 (1985); Pub. L. No. 100-233, 101 Stat. 1568 (1988).
Author: Robert T. Stephan
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A corporation which is a partner in a general or limited partnership is not, in the absence of any further action, "doing business" in this state so as to require compliance with the provisions of K.S.A. 17-7301 e̲t̲ s̲e̲q̲., even though the partnership itself is authorized to do business in Kansas. However, if the corporation uses the partnership as a means of conducting its own business, it may be "doing business" as defined in K.S.A. 17-7303 and so be required to comply. Cited herein: K.S.A. 17-7303, 60-308.
