Attorney General Opinion No. 1981-227 PDF Download
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Author: Robert T. Stephan
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Languages : en
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A hospital district, operating as a body politic and corporate, has the power to request a partition in order to effect the disposition of property authorized under K.S.A. 80-21,100. In order to comply with K.S.A. 80-2195, however, either this property or the proceeds from its sale must be used for "hospital purposes" directly and immediately benefitting the hospital. Cited herein: K.S.A. 60-1003, 77-201, K.S.A. 1980 Supp. 80-2178, K.S.A. 80-2195, 80-21,100.
Author: Robert T. Stephan
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Languages : en
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A hospital district, operating as a body politic and corporate, has the power to request a partition in order to effect the disposition of property authorized under K.S.A. 80-21,100. In order to comply with K.S.A. 80-2195, however, either this property or the proceeds from its sale must be used for "hospital purposes" directly and immediately benefitting the hospital. Cited herein: K.S.A. 60-1003, 77-201, K.S.A. 1980 Supp. 80-2178, K.S.A. 80-2195, 80-21,100.
Author: Robert T. Stephan
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Languages : en
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Generally, under Kansas law the relationship between the depositor of grain and a grain storage warehouse is that of a bailment. The depositor's interests are normally preferred over secured and unsecured creditors in insolvency proceedings under the Federal Bankruptcy Code. Such preferred legal status does not prevent the trustee in bankruptcy from exercising temporary jurisdiction over stored grains in the debtor's warehouse until ownership rights of the bailor can be established. However, the trustee must exercise this control in the interests of ownership rights of the holders of documents of title. Cited herein: K.S.A. 34-227, 34-270, 34-2104, 84-2-305, 11 U.S.C.A. 725 (Supp. 1980).
Author: Vern Miller
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Languages : en
Pages : 3
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You inquire concerning the procedure followed by the Anderson County Hospital for payment of its employees' compensation.
Author: Robert T. Stephan
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Languages : en
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An attorney is not precluded from holding the office of county counselor where the attorney's spouse owns the official county newspaper, however, a county counselor serving pursuant to county resolution and fulfilling the duties of K.S.A. 19-247 is a public officer who must file a written report of substantial interest as provided by K.S.A. 75-4301 e̲t̲ s̲e̲q̲. Such statement must include ownership interests of the officer's spouse as required by K.S.A. 75-4301 and K.S.A. 75-4304, prohibits an officer from participating in the making of any contract in which he or she has a substantial interest. However, normally, the county counselor will not participate in the designating of or contracting with, local newspapers to publish official county documents. Cited herein: K.S.A. 12-1651, 12-1651a, K.S.A. 1980 Supp. 19-101a, K.S.A. 19-101b, 19-103, 19-227, 19-247, 64-108, 75-4301, 75-4304, 75-4305.
Author: Robert T. Stephan
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Languages : en
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Neither the provisions of K.S.A. 1980 Supp. 19-1803, nor the common law doctrine of incompatibility of offices, precludes a person from concurrently serving on the board of trustees of a county hospital and on the board of education of a local school district. Cited herein: K.S.A. 1980 Supp. 19-1803.
Author: Robert T. Stephan
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Languages : en
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In the absence of contractual provisions indicating otherwise and where an employment contract requires a fixed employer contribution to an insurance premium paid by employees, any refund of such premiums shall be paid to the employees and the employer may not retain any portion thereof unless the refund exceeds the entire employee contribution.
Author: Robert T. Stephan
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Languages : en
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To be consistent with requirements of the United States Constitution, the provisions of K.S.A. 72-5393 can, and must, be construed as neither requiring nor authorizing the provision of therapeutic psychological and speech and hearing services, at public expense and by public employees, on parochial school premises. Instead, said provisions must be construed as requiring that such services be provided at the "truly religiously neutral locations" specified in the statute, i.̲e̲.̲, in the public schools of the school district, in public centers, or in mobile units located off the parochial school premises. Cited herein: K.S.A. 72-5392, 73-5393, U.S. Const., Amend. I, XIV.
Author: Robert T. Stephan
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Languages : en
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Pursuant to K.S.A. 1980 Supp. 58-3048(c), the Real Estate Commission is vested with broad discretion concerning the text of information published by the Commission regarding its enforcement actions and the frequency of such publications, p̲r̲o̲v̲i̲d̲e̲d̲ only that the Commission publish such information that it deems of interest to the public, that it publish such information at least annually in conjunction with its publication of a list of names and addresses of all licensees, and that the manner of publishing such information be calculated to reach the general public. Cited herein: K.S.A. 1980 Supp. 58-3048, 58-3050, 58-3058, 75-6101, 75-6104 (as amended by L. 1981, chs. 357, 358, 359).
Author: Robert T. Stephan
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Languages : en
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Through the imposition of fines for unlawful conduct, K.S.A. 1980 Supp. 8-1901(d) imposes criminal liability. In addition, subsection (a) of that statute does not appear to violate the United States Constitution's Equal Protection Clause, although it only imposes liability upon a limited class of persons. Moreover, that subsection appears to convey a sufficiently definite warning as to the conduct proscribed therein, so as to avoid being unconstitutionally vague and uncertain. Cited herein: K.S.A. 1980 Supp. 8-1901, 8-1909, K.S.A. 8-2116, 8-2204, 21-3105, K.S.A. 1980 Supp. 21-4503, U.S. Const., Amend. XIV.
Author: Robert T. Stephan
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Languages : en
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The provisions of the Kansas Open Meetings Law preclude the election of the acting president of the City Council of Merriam by secret ballot. Cited herein: K.S.A. 1980 Supp. 75-4318.
