Attorney General Opinion No. 1997-073 PDF Download
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Author: Carla J. Stovall
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Languages : en
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The provisions of 1997 House Bill No. 2055, dealing with transfer-on-death titling of real property and release of mortgage or deed of trust on real property, do not violate the constitutional provision against bills containing more than one subject. Cited herein: Kan. Const., Art. 2, section 16; 1997 House Bill No. 2055; 1997 House Bill No. 2057, as amended by 1997 House Bill No. 2055, Section 8.
Author: Carla J. Stovall
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Languages : en
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The provisions of 1997 House Bill No. 2055, dealing with transfer-on-death titling of real property and release of mortgage or deed of trust on real property, do not violate the constitutional provision against bills containing more than one subject. Cited herein: Kan. Const., Art. 2, section 16; 1997 House Bill No. 2055; 1997 House Bill No. 2057, as amended by 1997 House Bill No. 2055, Section 8.
Author: Vern Miller
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Category :
Languages : en
Pages : 2
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"You advise that Governor Docking has furnished three executive reorganization orders to the Legislature ... and that these orders were "received at approximately 5:30 o'clock P.M., after the Senate and the House adjourned, on the 30th day after convening. ... The orders were in fact presented to employees of the House and Senate who remained on duty for the purpose of receiving them. Article I, สน 6 of the Kansas Constitution requires the Governor to transmit such orders "to the legislature within the first thirty calendar days of any regular session." ... Nothing in this language requires, in our view, that an order transmitted on the thirtieth calendar day of any regular session be transmitted while either the House of Representatives or the Senate remains in session on that day. It is sufficient, in our view, if the order is transmitted prior to 12:00 P.M. on the thirtieth day, and accepted by officers or employees of the Legislature prior to that time."
Author: Robert T. Stephan
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Languages : en
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It is our opinion that unless a specific law alters common law, the presence of five of a nine member board constitutes a quorum of that body and a majority vote of those five members (three) is sufficient to bind the body. If one of the members abstains from the vote, he is deemed to have voted with the majority unless he has an interest or bias in the matter and is therefore disqualified. Where the required majority exists without the vote or presence of the disqualified member, his vote or presence will not invalidate the result. Members disqualified from voting may not be counted when determining whether a quorum is present. Cited herein: K.S.A. 75-4317a.
Author: Robert T. Stephan
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Languages : en
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Simply stated, the public purpose doctrine permits the spending of public funds only for public purposes. A benefit to specific individuals does not necessarily deprive the expenditure of its public character if the benefit is incidental to the primary purpose of promoting the public welfare. In our opinion, the cost-share program that provides public monies to assist landowners in plugging their abandoned wells serves the public welfare. The program was implemented in response to the federal water pollution control act (commonly referred to as the clean water act) to expeditiously restore and maintain the biological integrity of the nation's waters. Cited herein: K.S.A. 1991 Supp. 65-101; 65-164; K.S.A. 65-171a; 75-5657; 82a-1213; 82a-1214; 33 U.S.C. sections 1251, 1329, 1362.
Author: Curt Thomas Schneider
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Languages : en
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House Concurrent Resolution No. 5023, if adopted, would not authorize the submission of a proposition to rescind 1972 House Concurrent Resolution No. 1155 to the voters at the time of the 1978 general election or at any other election. If adopted, the resolution would have no legal effect whatever, and would not authorize the expenditure of state funds for such an election, nor would it authorize the calling and holding of any such election by the Secretary of State or any other official. If, for any reason, the resolution were passed and the proposition submitted to the voters, approval thereof would have no effect on the 1972 ratification of the Equal Rights Amendment by the Kansas Legislature, it would not be binding upon the United States Congress, and it would not be binding upon the 1979 legislature or any subsequent session thereof.
Author: Robert T. Stephan
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Languages : en
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1988 House Bill No. 2704, places restraints on the "property rights" of individuals in order to promote and protect the well established public welfare interest of insuring that human remains are treated properly. In our opinion it clearly represents a valid exercise of the state's inherent police power. Therefore, any private individual claiming ownership of human skeletal remains would not be entitled to compensation simply because the state regulation requires relinquishment of the remains. However, if a claimant convinced the court that 1988 House Bill No. 2704 operated as an eminent domain taking of an identifiable property interest, rather than a valid exercise of police power, the court could require compensation for any legally held property interest taken by the regulation. Valuation of such a property interest would require consideration of factors set forth in K.S.A. 26-513(d) and evidence of (1) the fair market value and condition of the portion of property at the time of the taking, and (2) the loss of that value to the legal owner. Cited herein: K.S.A. 7-103; 12-707; 12-1401; 13-14c01; 14-1007; 15-1001; 15-1014; 17-1302; 19-1015; 19-2901; 19-3106; 21-3512; 21-4112; 21-4115; 21-4214; 22-3902; 26-513; 41-101; 58-2501; 65-901; 65-1701; 65-4127; 73-301; and 80-916.
Author: Carla J. Stovall
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Languages : en
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A legislative act which imposes an earnings limitation applicable to retirants of the Kansas police and firemen's retirement system who were previously not subject to an earnings limitation, or which includes employment previously not subject to an earnings limitation, modifies the vested contractual interests of the retirants and violates the contract clause of the United States constitution if it does not provide an off-setting advantage. Cited herein: K.S.A. 1994 Supp. 74-4914, as amended by L. 1995, ch. 267, section 8; 74-4957, as amended by L. 1995, ch. 267, section 22; 74-4963, as amended by L. 1995, ch. 267, section 23; 1995 H.B. 2076; U.S. Const., art. 1, section 10.
Author:
Publisher: K. G. Saur
ISBN: 9783598113253
Category : Computers
Languages : en
Pages : 1122
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Author: Robert McPherson
Publisher: Bayou Publishing
ISBN: 9781886298200
Category : Psychologists
Languages : en
Pages : 262
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Texas Law and the Practice of Psychology provides licensed psychologists, professional counselors, mental health professionals, and professors with the key legal and policy issues specific to the state of Texas today. Issues directly affecting all these practitioners and their students have been carefully selected from statutes, case laws, official archives of the Attorney General Opinions and Open Records Opinions as well as synopses of the opinion letters of the Texas State Board of Examiners of Psychologists. No other compilation of such critical, up-to-date material exists for the state of Texas.
Author: Ohio. Attorney General's Office
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ISBN:
Category : Administrative law
Languages : en
Pages : 474
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