Attorney General Opinion No. 1982-132 PDF Download
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Author: Robert T. Stephan
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Languages : en
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1982 House Bill No. 2694 authorizes publishers of legal notices to charge an amount not to exceed either the amounts authorized by the schedule contained in Section 4(a)(2) or an amount less than or equal to the lowest regular classified advertising rate for commercial customers. If the latter option is selected and the lowest regular commercial advertising rates increase in a given year beyond 15% of the legal notice rate from the immediately preceding year, the rate for legal notices shall not increase more than 15% per year. Cited herein: K.S.A. 28-137, as amended by 1982 House Bill No. 2694.
Author: Robert T. Stephan
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Languages : en
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1982 House Bill No. 2694 authorizes publishers of legal notices to charge an amount not to exceed either the amounts authorized by the schedule contained in Section 4(a)(2) or an amount less than or equal to the lowest regular classified advertising rate for commercial customers. If the latter option is selected and the lowest regular commercial advertising rates increase in a given year beyond 15% of the legal notice rate from the immediately preceding year, the rate for legal notices shall not increase more than 15% per year. Cited herein: K.S.A. 28-137, as amended by 1982 House Bill No. 2694.
Author: Curt Thomas Schneider
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Languages : en
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Counties may not exercise statutory home rule powers under K.S.A. 19-101a et seq. by resolution adopted jointly with one or more other counties. A county may not by resolution adopted pursuant to K.S.A. 19-101a(b) alter its statutory obligation to support a regional library fixed by K.S.A. 12-1234.
Author: Robert T. Stephan
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Languages : en
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A register of deeds is required to file of record a written instrument whereby real estate may be affected. Such filing can properly be refused only if the instrument contains apparent errors, or is not proved or acknowledged, and certified in the manner prescribed by law, or the register of deeds has been directed by a court not to file the instrument. Of course, a register of deeds also may refuse to file instruments that clearly do not affect real estate, or where the law requires some act, such as payment of the mortgage registration fee, before the instrument may be received and filed of record. Cited herein: K.S.A. 58-2221.
Author: Robert T. Stephan
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Languages : en
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K.S.A. 16a-2-509, contained in the Kansas Consumer Credit Code, provides that a consumer may prepay in full the unpaid balance of a consumer credit transaction at any time without penalty. Such transactions include both consumer credit sales [K.S.A. 1982 Supp. 16a-301(10)] and consumer credit loans [K.S.A. 1982 Supp. 12a-301(13)], with the prohibition binding on any assignee of either the seller's or lender's right to payment. While a regulation of the Comptroller of the Currency [12 C.F.R. section 29.6, as amended in 48 Fed. Reg. 9512, 9513] preempts the application of K.S.A. 16a-2-509 to national banks making adjustable-rate mortgage loans, a seller which enters into consumer credit sales cannot avail itself of the pre-emption provisions merely because it subsequently assigns the right to payment to a national bank. Cited herein: K.S.A. 1983 Supp. 16a-1-301, K.S.A. 16a-2-509, 16a-3-402, 12 U.S.C. sections 371, 3803, 12 C.F.R. sections 29.1, 2916, as amended in 48 Fed. Reg. 9512-13, U.S. Const., Art. 6, cl. 2.
Author: Robert T. Stephan
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Languages : en
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The common law doctrine of incompatibility of offices precludes one person from simultaneously holding the offices of city councilman in a city of the third class and a township officer in the township which contains such city. Attorney General Opinion No. 75-50 is withdrawn. Cited herein: K.S.A. 15-104, 25-1606, 80-1502, L. 1982, ch. 63.
Author: Robert T. Stephan
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Languages : en
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K.A.R. 28-29-62 is not beyond the statutory authority pursuant to which it is promulgated and is sufficient to allow the State Department of Health and Environment to compel compliance with its requirements.
Author: Robert T. Stephan
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Languages : en
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As amended by L. 1982, ch. 144, K.S.A. 1981 Supp. 8-1567 contains new provisions for the sentencing of persons who are convicted of operating a vehicle while under the influence of alcohol. Additionally, the act amends K.S.A. 1981 Supp. 8-1001 to admit into evidence the defendant's refusal to take a chemical test for the presence of alcohol. While the act does not specifically provide that these changes will apply only to offenses committed after its effective date of July 1, 1982, such a result is necessary in view of the substantive, as opposed to merely procedural, nature of these two amendments. Accordingly, the above-referenced amendments are applicable only to offenses committed after the effective date of the act. Cited herein: K.S.A. 1981 Supp. 8-1001, 8-1567, both as amended by L. 1982, ch. 144, K.S.A. 21-3102, 22-4618.
Author: Robert T. Stephan
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Languages : en
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The common law doctrine of incompatibility of offices precludes one person from simultaneously holding the offices of city manager and city treasurer in a city of the second class having a commission-manager form of government. Cited herein: K.S.A. 12-1001, 12-1011, 12-1014, 12-1024.
Author: Robert T. Stephan
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Languages : en
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As amended by 1982 Senate Bill No. 699, K.S.A. 1981 Supp. 8-1567 provides [at subsection (n)] that a city may enact an ordinance which prohibits or makes unlawful the same acts as are dealt with by the statute, provided that the ordinance's minimum penalties are the same as the statutes for any given violation, and the ordinance's maximum penalty does not exceed that of the statute. Apart from these limits, K.S.A. 1981 Supp. 8-1567 as amended does not preempt a city from taking action in this area. As amended by 1982 Senate Bill No. 699, K.S.A. 1981 Supp. 8-1567(c), (d) and (e) prohibit a prosecuting attorney from entering into any plea-bargaining agreement by which a defendant enters a guilty or no contest plea to a lesser offense than that originally charged. While no sanctions against such conduct exist under the statute, provisions of the general ouster law could be applied against prosecuting attorneys who violate the prohibition against plea-bargaining. Cited herein: K.S.A. 1981 Supp. 8-1567, as amended by 1982 Senate Bill No. 699, K.S.A. 22-2907, 22-2908.
Author: Robert T. Stephan
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Languages : en
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A contract which determines the custody of a child is void as against public policy. Cited herein: K.S.A. 23-128, 23-129, 23-130.
