Attorney General Opinion No. 1988-060 PDF Download
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Author: Robert T. Stephan
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Languages : en
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Banks for cooperatives are not so closely connected to the federal government to entitle them to constitutional immunity from state taxation, nor are they exempt from payment of mortgage registration tax by virtue of 12 U.S.C.A. section 2134 (West Supp. 1988). Language in Attorney General Opinion No. 87-190 indicating a contrary conclusion for production credit associations is hereby withdrawn. Cited herein: K.S.A. 79-3101; K.S.A. 1987 Supp. 79-3102; 12 U.S.C.A. sections 2002, 2013, 2023, 2031, 2055, 2077, 2091, 2121, 2130, 2134 (West Supp. 1988); Pub. L. No. 99-205, 99 Stat. 1678 (1985); Pub. L. No. 100-233, 101 Stat. 1568 (1988).
Author: Robert T. Stephan
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Languages : en
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Book Description
Banks for cooperatives are not so closely connected to the federal government to entitle them to constitutional immunity from state taxation, nor are they exempt from payment of mortgage registration tax by virtue of 12 U.S.C.A. section 2134 (West Supp. 1988). Language in Attorney General Opinion No. 87-190 indicating a contrary conclusion for production credit associations is hereby withdrawn. Cited herein: K.S.A. 79-3101; K.S.A. 1987 Supp. 79-3102; 12 U.S.C.A. sections 2002, 2013, 2023, 2031, 2055, 2077, 2091, 2121, 2130, 2134 (West Supp. 1988); Pub. L. No. 99-205, 99 Stat. 1678 (1985); Pub. L. No. 100-233, 101 Stat. 1568 (1988).
Author: Robert T. Stephan
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Languages : en
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A withholding order issued pursuant to K.S.A. 23-4,105 e̲t̲ s̲e̲q̲. affecting an obligor state official or employee should be served on the director of accounts and reports and not on the Attorney General. Cited herein: K.S.A. 1987 Supp. 23-4,105; 23-4,106; 23-4,107; 60-304; K.S.A. 60-723.
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 willful neglect of duty or misconduct by a member of a governing body in authorizing improper expenditures from a restricted fund may constitute grounds for ouster pursuant to K.S.A. 60-1205. Such neglect of duty or misconduct may also be grounds for recall under the provisions of K.S.A. 1987 Supp. 25-4302. Cited herein: K.S.A. 12-1617i; K.S.A. 1987 Supp. 25-4302; K.S.A. 60-1205; Kan. Const., Art. 11, section 5.
Author: Robert T. Stephan
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Languages : en
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An appointed non-lawyer member may not continue membership on the judicial nominating committee once that member has been granted a temporary permit to practice law. Cited herein: K.S.A. 20-119; 20-120, 20-123; 20-124; 20-125; 20-127; Supreme Court Rule 705.
Author: Robert T. Stephan
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Languages : en
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Pursuant to K.S.A. 1987 Supp. 19-101a(20), counties may not exempt or change the provisions contained in K.S.A. 1987 Supp. 19-211. Pertinent language of Attorney General Opinion No. 87-164 is amended so as to be consistent with this rule. Cited herein: K.S.A. 1987 Supp. 19-101a(20); 19-211.
Author: Robert T. Stephan
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Languages : en
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The secretary of corrections may not expend money appropriated pursuant to L. 1987, ch. 335, 58 to lease a facility having a structural capacity of less than 352 inmates. The secretary is not precluded, however, from making a policy determination to use the facility to house less than its maximum capacity. Such a policy decision would not require approval of the legislature under the current statutes, nor would such a decision require approval of the Ellsworth public building commission or the holders of the Ellsworth Public Building Commission Revenue Bonds, Series 1986. Cited herein: K.S.A. 75-5206; K.S.A. 1987 Supp. 75-52,124; L. 1987, ch. 335, section 8; L. 1986, ch. 33, section 25.
Author: Robert T. Stephan
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Languages : en
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Pursuant to K.S.A. 75-4319(b)(4), a public body may recess into executive session to discuss confidential financial data or trade secrets. The open meetings act is to be interpreted broadly to give effect to the legislative intent that meetings of public bodies be accessible to the public; exceptions to the act must be construed narrowly. Thus, public bodies must take care to recess into executive session on the basis of K.S.A. 75-4319(b)(4) only when the topic of conversation clearly involves c̲o̲n̲f̲i̲d̲e̲n̲t̲i̲a̲l̲ financial data, or "trade secrets" as that term has been defined by Kansas courts. Cited herein: K.S.A. 60-3320; 75-4317; K.S.A. 1987 Supp. 75-4318; K.S.A. 75-4319, as amended by L. 1988, ch. 315, section 4.
Author: Robert T. Stephan
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Languages : en
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While there is no express provision in the Kansas Constitution that prohibits the legislature from appointing its members to administrative boards or commissions, the separation of powers doctrine prohibits the legislature from usurping the powers of another governmental branch. In view of the case law history of this doctrine and the facts with which we have been presented, we cannot conclusively say that legislative membership on the emergency medical services board is unconstitutional under the separation of powers doctrine. Cited herein: K.S.A. 65-4316; 74-2127; Kan. Const., Art. 2, section 14; 1988 House Bill No. 2639.
Author: Robert T. Stephan
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Languages : en
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K.S.A. 1987 Supp. 36-206 and 36-207, add "dwelling unit" to penal statutes of defrauding an innkeeper or owner. K.S.A. 1987 Supp. 36-206 and 36-207, as applied to tenants, do not violate Section 16 of the Bill of Rights of the Constitution of the State of Kansas nor do they violate the due process provisions of the Fourteenth Amendment of the United States Constitution. Cited herein: K.S.A. 1987 Supp., 26-206; 36-207; Kan. Const., Bill of Rights, section 16; U.S. Const., Fourteenth Amendment.
