Attorney General Opinion No. 1992-008 PDF Download
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Author: Robert T. Stephan
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Languages : en
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Pursuant to section 12 of chapter 33 of the 1991 Session Laws of Kansas, "[w]henever a federal manufactured home construction and safety standard established pursuant to 42 U.S.C. section 5401 et seq. is in effect, no state agency or political subdivision shall have any authority to establish, or to continue in effect, with respect to any manufactured home covered, any standard regarding construction or safety applicable to the same aspect of performance of such manufactured home which is not identical to the federal manufactured home construction and safety standard." Accordingly, any standard adopted by a city, including any building code provision, which contravenes the above-quoted limitation is void, and does not constitute grounds for excluding a residential design manufactured home from the city's single family residential district. Additionally, under section 19 of chapter 56 of the 1991 Session Laws of Kansas, a governing body of a city is prohibited from adopting or enforcing zoning regulations which have the effect of excluding residential design manufactured homes (as defined therein) from single family residential districts solely because they are manufactured homes. Cited herein: L. 1991, ch. 33, section 12; L. 1991, ch. 56, section 19.
Author: Robert T. Stephan
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Languages : en
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Pursuant to section 12 of chapter 33 of the 1991 Session Laws of Kansas, "[w]henever a federal manufactured home construction and safety standard established pursuant to 42 U.S.C. section 5401 et seq. is in effect, no state agency or political subdivision shall have any authority to establish, or to continue in effect, with respect to any manufactured home covered, any standard regarding construction or safety applicable to the same aspect of performance of such manufactured home which is not identical to the federal manufactured home construction and safety standard." Accordingly, any standard adopted by a city, including any building code provision, which contravenes the above-quoted limitation is void, and does not constitute grounds for excluding a residential design manufactured home from the city's single family residential district. Additionally, under section 19 of chapter 56 of the 1991 Session Laws of Kansas, a governing body of a city is prohibited from adopting or enforcing zoning regulations which have the effect of excluding residential design manufactured homes (as defined therein) from single family residential districts solely because they are manufactured homes. Cited herein: L. 1991, ch. 33, section 12; L. 1991, ch. 56, section 19.
Author: Robert T. Stephan
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Languages : en
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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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Languages : en
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Pursuant to K.S.A. 8-237 the chief law enforcement officer of a local unit of government can only recommend to the division of vehicles if an applicant should be issued a driver's license. The final decision rests with the division of vehicles. Cities and counties are not able to use their home rule powers to deny licenses to persons under the age of 16 years if the statute is uniformly applicable and does not grant such authority. Allowing the raising of the driving age to 16 years, in some counties but not others, will not violate an individual's constitutional right to equal protection. Cited herein: K.S.A. 8-237, Kan. Const., Art. 12, section 5.
Author: California. Office of the Attorney General
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Category : Attorneys general's opinions
Languages : en
Pages : 392
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Author: Virginia. Office of the Attorney General
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Category : Attorneys general's opinions
Languages : en
Pages : 620
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Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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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
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Languages : en
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The provisions of subsections (c) and (d) of K.S.A. 1983 Supp. 77-426, which allow the legislature to reject, modify or revoke an administrative rule and regulation by means of the adoption of a concurrent resolution, are unconstitutional. Such action by the legislature is an unlawful usurpation of the governor's constitutional power to administer and enforce the laws. Such action violates the constitutional doctrine of separation of powers. In addition, the legislative oversight mechanism prescribed in subsections (c) and (d) of K.S.A. 1983 Supp. 77-426 is unconstitutional for the reason that it attempts to authorize the legislature to make law, without following the mandatory procedures of the Kansas Constitution. The Kansas constitution requires that any law be enacted only by bill [not by resolution or concurrent resolution]; that every bill contain the constitutionally-specified enacting clause; and that all bills passed by the legislature be presented to the governor for approval or disapproval. The procedure set forth in subsections (c) and (d) of K.S.A. 1983 Supp. 77-426 does not meet these constitutional requirements and is unconstitutional. Cited herein: K.S.A. 1983 Supp. 77-426; Kan. Const., Art. 2, sections 14, 20.
Author: Robert T. Stephan
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Languages : en
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K.S.A. 8-129(a) provides to persons required to register in this state a possible option as to the county in this state with which the person may register. It does not authorize registration of Kansas residents' vehicles in other states where they have places of business. Cited herein: K.S.A. 8-127; 8-129; 8-138a; 8-1,138.
Author: Robert T. Stephan
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Languages : en
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K.S.A. 1991 Supp. 74-4921, as amended by L. 1992, ch. 218, section 8, prohibits the board of trustees for the Kansas public employees retirement system (KPERS) from undertaking investments in any banking institution, savings and loan association, or credit union which would position the system as a shareholder or owner of such banking institution, savings and loan association, or credit union. K.S.A. 1991 Supp. 74-4921, as amended, does not prohibit the system from acquiring debt securities of a banking institution, savings and loan association, or credit union. The statute does not prohibit the board of trustees from investing in equity issues of non-banking financial institutions. Nor is the board of trustees prohibited under K.S.A. 1991 Supp. 74-4921, as amended, from investing in a parent company, a subsidiary of which is a banking institution, savings and loan association, or credit union. Cited herein: K.S.A. 1991 Supp. 74-4921, as amended by L. 1992, ch. 218, section 8.
Author: Robert T. Stephan
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Languages : en
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Pursuant to K.S.A. 1991 Supp. 74-4960, as amended by L. 1992, ch. 321, section 14, and 74-4960a, as amended by L. 1992, ch. 321, section 15, the Kansas public employees retirement system (KPERS) is obligated to make payment of the 10% benefit due a minor child of a disabled member of the Kansas police and firemen's retirement system (KP & F) only to a legally appointed conservator. It is necessary, therefore, that a conservator be appointed for each minor child of the member's family. Unless the divorce decree provides otherwise, a member of KP & F who is making child support payments pursuant to a divorce decree is entitled to credit toward those payments the amount of the 10% benefit paid by KPERS to the conservator of the minor child. If the 10% benefit exceeds the amount owed pursuant to the divorce decree, the excess will be considered a gratuity under the divorce decree. If the court determines that payment of the 10% benefit to a conservator somehow results in a material change in circumstances, the court may modify the order fixing child support. Cited herein: K.S.A. 20-165, as amended by L. 1992, ch. 312, section 1; K.S.A. 1991 Supp. 59-3004; 60-1610, as amended by L. 1992, ch. 273, section 2; 74-4916, as amended by L. 1992, ch. 321, section 8; 74-4927h; 74-4959, as amended by L. 1992, ch. 321, section 13; K.S.A. 74-4960, as amended by L. 1992, ch. 321, section 14; 74-4960a, as amended by L. 1992, ch. 321, section 15.
