Attorney General Opinion No. 1987-026 PDF Download
Are you looking for read ebook online? Search for your book and save it on your Kindle device, PC, phones or tablets. Download Attorney General Opinion No. 1987-026 PDF full book. Access full book title Attorney General Opinion No. 1987-026 by Robert T. Stephan. Download full books in PDF and EPUB format.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
In 3̲2̲4̲ ̲L̲i̲q̲u̲o̲r̲ ̲C̲o̲r̲p̲.̲ ̲v̲.̲ ̲D̲u̲f̲f̲y̲, the Supreme Court of the United States held that the State of New York's statutory scheme for maintenance and control of retail liquor prices was in violation of Section 1 of the Sherman Act. The Court also held that New York's pricing system would not be saved under the "state-action exemption" from the antitrust laws (due to the fact that the state did not actively supervise the pricing system) or the Twenty-first Amendment to the United States Constitution (because the asserted state interests were not substantiated and did not suffice to afford such immunity). In Kansas, distributors are to file current bottle and case prices with the Director of the Division of Alcoholic Beverage Control. The Alcoholic Beverage Control Board is required to establish a minimum markup to be added on to the bottle price on file at the time of retail sale. The Board does not regulate the prices posted by distributors and has not adjusted the markup percentage for distilled spirits for approximately ten years. The pricing system for alcoholic liquor sales in Kansas is so closely aligned with that of New York that it too is in violation of antitrust laws. As a practical matter, prices are set by private industry and the State does not "actively" supervise the pricing system. Additionally, the United States Supreme Court held that unsubstantiated claims that the system promotes temperance and protects small liquor retailers are not sufficient to afford immunity under the Twenty-first Amendment. Cited herein: K.S.A. 41-1101; 41-1111; 41-1114; 41-1115; 41-1116; 41-1117; 41-1118; K.A.R. 13-4-2; 15 U.S.C. section 1.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
In 3̲2̲4̲ ̲L̲i̲q̲u̲o̲r̲ ̲C̲o̲r̲p̲.̲ ̲v̲.̲ ̲D̲u̲f̲f̲y̲, the Supreme Court of the United States held that the State of New York's statutory scheme for maintenance and control of retail liquor prices was in violation of Section 1 of the Sherman Act. The Court also held that New York's pricing system would not be saved under the "state-action exemption" from the antitrust laws (due to the fact that the state did not actively supervise the pricing system) or the Twenty-first Amendment to the United States Constitution (because the asserted state interests were not substantiated and did not suffice to afford such immunity). In Kansas, distributors are to file current bottle and case prices with the Director of the Division of Alcoholic Beverage Control. The Alcoholic Beverage Control Board is required to establish a minimum markup to be added on to the bottle price on file at the time of retail sale. The Board does not regulate the prices posted by distributors and has not adjusted the markup percentage for distilled spirits for approximately ten years. The pricing system for alcoholic liquor sales in Kansas is so closely aligned with that of New York that it too is in violation of antitrust laws. As a practical matter, prices are set by private industry and the State does not "actively" supervise the pricing system. Additionally, the United States Supreme Court held that unsubstantiated claims that the system promotes temperance and protects small liquor retailers are not sufficient to afford immunity under the Twenty-first Amendment. Cited herein: K.S.A. 41-1101; 41-1111; 41-1114; 41-1115; 41-1116; 41-1117; 41-1118; K.A.R. 13-4-2; 15 U.S.C. section 1.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
Title VIII of the Competitive Equality Banking Act of 1987 applies to certain federal banks, certain state banks which are members of the federal reserve system, and certain state non-member banks insured by the Federal Deposit Insurance Corporation, allowing those banks to amortize qualified agricultural loans over a seven-year period and to reappraise property acquired by the bank incidental to such agricultural loans. Regarding those state banks covered by the act, only the relationship between the bank and the appropriate federal agency is affected. The state statute defining insolvency, and the authority of the state bank commission to take over an insolvent bank, are not altered by the federal act. Title VIII was not intended to make an otherwise insolvent bank solvent. Cited herein: K.S.A. 1987 Supp. 9-1303; K.S.A. 9-1902, 9-1903; Pub. L. 100-86, Title VIII [codified at 12 U.S.C. section 1823(j)]; 12 C.F.R. Parts 35, 208.15, 324 (November 2-3, 1987).
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
Pursuant to the provisions of K.S.A. 26-201, a city may appropriate private property by eminent domain for a public use. Acquisition of a railroad depot building which is included on the state register of historic places constitutes a public use. Cited herein: K.S.A. 26-201; 75-2714.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
A non-profit hospital operating a telephone answering service exclusively for hospital purposes is exempt from payment of sales tax on the telephone services it purchases for such operation. K.S.A. 1986 Supp. 79-3606(b), as amended. A telephone answering service is not itself taxable under the Kansas retailers' sales tax act, but the rental of beepers or other such equipment by the hospital to physicians is taxable. K.S.A. 1986 Supp. 79-3603(h), as amended. A non-profit hospital which meets the requirements of 26 U.S.C. section 501 and 26 C.F.R. section 1.501 is exempt from federal income taxation pursuant to 26 U.S.C. section 501(a), and thus from state income taxation pursuant to K.S.A. 79-32,113, except to the extent it receives "unrelated business income." The receipt of a service free of charge from an employer as partial compensation for services rendered would fall within the scope of the broadly interpreted term "gross income," and therefore would be taxable income to the employee unless specifically exempted. Cited herein: K.S.A. 1986 Supp. 79-201b F̲i̲r̲s̲t̲; K.S.A. 79-32,113, 79-32,117; K.S.A. 1986 Supp. 79-3603, as amended by L. 1987, ch. 182, section 108; 79-3606, as amended by L. 1987, ch. 64, section 1 and L. 1987, ch. 292, section 32; K.A.R. 92-19-19; 26 U.S.C. sections 61, 62, 501; 26 C.F.R. section 1.501.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
Get Book Here
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
Since it is the client's intent which governs the distinction between privileged and non-privileged communications, a determination of whether or not information exchanged between attorney and client is privileged requires a case-by-case consideration. To ensure compliance with the dictates of Canon 4 of the Code of Professional Responsibility and K.S.A. 60-426, when a supervising agency requests that an attorney release particular client information for enumerative or evaluative purposes, the attorney may either obtain the client's consent to do so, or, if the client refuses, compile the requested data in a less intrusive manner. If, however, the agency requests the data for purposes of determining a client's financial eligibility onto satisfy funding requirements, the exception to the privilege under DR-4-101(C)(4) would apply, making the aforementioned precautions unnecessary. Cited herein: K.S.A. 45-217; 45-221; 60-426; K.S.A. 1986 Supp. 20-3100, Supreme Court Rule No. 225, D.R. 4-101.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
The Kansas Bureau of Investigation has both the authority and the duty to oversee and control the collection and dissemination of criminal history record information at the state level. This responsibility includes management control over DISC as part of the criminal justice information system relating to the collection, storage and dissemination of criminal history record information. Cited herein: K.S.A. 1983 Supp. 22-4705(d), K.S.A. 1983 Supp. 22-4701(d), K.S.A. 22-4704, K.A.R. 10-14-1, 42 U.S.C. 3771, 28 C.F.R. 20, 42 U.S.C. 3701.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
Medical costs incurred by an indigent offender before or at the time of arrest are to be borne by the county if the offender is subsequently charged with a violation of state law.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
Book Description
As a condition precedent to receipt of a motor vehicle registration, K.S.A. 1986 Supp. 8-173 requires payment of all personal property taxes levied against the registrant for the preceding year. The statute does not on its face or in its application create any classification which could give rise to an equal protection challenge under the Fourteenth Amendment. Accordingly, K.S.A. 1986 Supp. 8-173 is valid under the Fourteenth Amendment to the constitution of the United States. Cited Herein: K.S.A. 1986 Supp. 8-173; U.S. Const., Fourteenth Amend.
Author: Robert T. Stephan
Publisher:
ISBN:
Category :
Languages : en
Pages :
Get Book Here
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.
