Attorney General Opinion No. 1980-209 PDF Download
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Author: Robert T. Stephan
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The General Improvement and Assessment Law, K.S.A. 12-6a01 e̲t̲ s̲e̲q̲., requires that the governing body of a city assess property in an improvement district by imposing substantially equal burdens or shares of the cost upon property similarly benefited. The sufficiency of petitions (for any improvement), filed pursuant to K.S.A. 12-6a04(2), is to be determined as of the time the petitions are signed, and not at some later date. Cited herein: K.S.A. 12-6a01, 12-6a04(2), 12-6a06, and 12-6a10.
Author: Robert T. Stephan
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Languages : en
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The General Improvement and Assessment Law, K.S.A. 12-6a01 e̲t̲ s̲e̲q̲., requires that the governing body of a city assess property in an improvement district by imposing substantially equal burdens or shares of the cost upon property similarly benefited. The sufficiency of petitions (for any improvement), filed pursuant to K.S.A. 12-6a04(2), is to be determined as of the time the petitions are signed, and not at some later date. Cited herein: K.S.A. 12-6a01, 12-6a04(2), 12-6a06, and 12-6a10.
Author: Robert T. Stephan
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Languages : en
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The requirements of K.S.A. 15-209 give a city of the third class no option but the appointment of city residents to the offices of city clerk and city treasurer. However, pursuant to Article 12, Section 5(c) of the Kansas Constitution, the city may adopt a charter ordinance by which the city may exempt itself from the provisions of K.S.A. 15-209 and thereby eliminate said residency requirement. Cited herein: K.S.A. 15-209, Kan. Const., Art. 12, Sec. 5(c).
Author: Robert T. Stephan
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The qualifications for a municipal judge in a city of the third class may be found at K.S.A. 12-4105 and 15-209, and deal solely with such matters as residency, citizenship and age. No express disqualification of those individuals with felony convictions exists, thus leaving the effect of such a conviction up to the consideration of the city council, pursuant to K.S.A. 15-204. However, such a conviction may also violate Canon 2 of the Code of Judicial Conduct, with such a determination to be made by the State Commission on Judicial Qualifications. Cited herein: K.S.A. 12-4105, 12-4106, 15-204, 15-209, K.S.A. 1979 Supp. 20-176.
Author: Robert T. Stephan
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Languages : en
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A lender who enters into a consumer loan secured by an interest in land, pursuant to the Kansas Consumer Credit Code, K.S.A. 16a-1-101 e̲t̲ s̲e̲q̲., may contract for and receive certain charges which can be excluded from the finance charge computed for that transaction. These additional charges include official fees [K.S.A. 1980 Supp. 16a-1-301 (25), as amended], closing costs [K.S.A. 1980 Supp. 16a-1-301(8), (19), as amended], and additional charges permitted by administrative rule [K.S.A. 16a-2-501(1)(d)]. While it is not required that the latter two items be paid to third parties, they must be bona fide, reasonable in amount and not for the purpose of circumventing or evading the Code. Such a determination is a question of fact to be made by the Consumer Credit Commissioner, pursuant to his authority under K.S.A. 16a-6-101, e̲t̲ s̲e̲q̲. Cited herein: K.S.A. 16a-1-101, K.S.A. 1980 Supp. 16a-1-301 (as amended by L. 1981, ch. 93, section 5), K.S.A. 1980 Supp. 16a-2-401 (as amended by L. 1981, ch. 94, section 3), K.S.A. 16a-2-501, 16a-6-106, 16a-6-108, 16a-6-110, 16a-6-113, K.S.A. 1980 Supp. 84-1-201, 84-1-203, K.S.A. 84-1-205, K.A.R. 75-6-9, 15 U.S.C.A. section 1605, 12 C.F.R. section 226.4.
Author: Robert T. Stephan
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The general public should have access to information contained in jail calendars which is not by law specifically declared confidential.
Author: Robert T. Stephan
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A county may not refuse to pay out district tuition for a student of a Kansas community junior college solely by reason of such person's foreign citizenship. Residency is to be determined by the facts of each case tending to show location of abode and intent of the person to remain at such location. Cited herein: K.S.A. 1979 Supp. 71-301 (as amended by L. 1980, ch. 209, section 1), 71-402, K.S.A. 72-1046 and 77-201.
Author: Robert T. Stephan
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Real estate brokers and salespersons who have been continuously and actively licensed in this state for a period of five or more years immediately prior to July 1, 1980, are not required to submit evidence of "continuing education" under the provisions of Section 13(g) of the Real Estate Brokers' and Salespersons' License Act [L. 1980, Ch. 164, section 13(g)]. A real estate broker or salesperson need not have been continuously and actively engaged in the real estate business for the subject period of time in order to qualify for the exemption created by the aforesaid section. Cited herein: L. 1980, Ch. 164, 12(b) and 13(g).
Author: Robert T. Stephan
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A fundamental right of every creditor is that of set-off. Thus, where the State of Kansas and another party are mutually-indebted for liquidated amounts, the state as a creditor may exercise such right of set-off. The exercise of such right does not compromise the integrity of the appropriation process. The director of accounts and reports is both impliedly and explicitly empowered by statute to exercise the right of set-off in the state's behalf. However, because requisite "state action" exists, such right must be exercised in consonance with the dictates of the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution. Affirming Attorney General Opinion No. 75-408, but modifying Attorney General Opinion No. 78-297. Cited herein: K.S.A. 75-3731; L. 1980, ch. 260, section 1; Kan. Const., Art. 2, section 24; 20 U.S.C.A. section 1232g; U.S. Const., Amend. XIV.
Author: Robert T. Stephan
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Public defenders are employees within the meaning of K.S.A. 1979 Supp. 75-6102, in the performance of professional services to their clients and are therefore, within the provisions of the Kansas Tort Claims Act and entitled to the indemnities, defenses and immunities contained therein. Cited herein: K.S.A. 22-4512, K.S.A. 1979 Supp. 22-4517, 22-4517a, 40-3401, 75-6101, 75-6102, 75-6103, 75-6104, 75-6105, 75-6108, 75-6109, 75-6111, 75-6115, United States Const., Sixth Amend., 18 U.S.C.A. 3006A (Supp. 1979).
Author: Robert T. Stephan
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Typewritten or handwritten words do not constitute a facsimile of a servicemark, and the submission of such with the application for registration does not comply with the statutory requirements of K.S.A. 81-113(d). Material changes of a mark by amendment are not allowed; thus a registrant is not permitted to amend the original mark with a new mark. The determination of whether a trademark application is sufficient to satisfy the statutory requirements prior to the registration of such mark vests only ministerial powers in the Secretary of State. Cited herein: K.S.A. 81-112, 81-113, 81-114, 81-118, 15 U.S.C.A. 1015 e̲t̲ s̲e̲q̲.
