Attorney General Opinion No. 1996-064 PDF Download
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Author: Carla J. Stovall
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Languages : en
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Because the mortgage registration fee is a tax on property, mortgages tendered for filing by a city would be exempt from payment of the mortgage registration fee if the mortgage instrument is used exclusively by the state, a municipality or political subdivision of the state. Cited herein: K.S.A. 1995 Supp. 79-201 a; 79-3102; 79-3606.
Author: Carla J. Stovall
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Languages : en
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Because the mortgage registration fee is a tax on property, mortgages tendered for filing by a city would be exempt from payment of the mortgage registration fee if the mortgage instrument is used exclusively by the state, a municipality or political subdivision of the state. Cited herein: K.S.A. 1995 Supp. 79-201 a; 79-3102; 79-3606.
Author: Robert T. Stephan
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Languages : en
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The funeral picketing act is content-neutral, leaves open ample alternative channels of communication and can be read to be narrowly tailored to serve a significant government interest. As such, it is a valid restriction on the time, place and manner of otherwise protected speech. Cited herein: 1992 Senate Bill No. 626, section 4; U.S. Const., Amend. I.
Author: Robert T. Stephan
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Languages : en
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Subsequent to a DUI arrest, the withdrawal of blood may be performed by a person acting under the supervision of a licensed physician or surgeon. The term "supervision" is not defined by statute, but connotes overseeing with direction, superintending, and inspecting with authority. Cited herein: K.S.A. 1986 Supp. 8-1001; K.S.A. 65-2872.
Author: Carla J. Stovall
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Languages : en
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The National Collegiate Athletic Association is not subject to the Kansas Open Records Act because it is not a "public agency" within the meaning of the Act. Cited herein: K.S.A. 45-215; K.S.A. 1996 Supp. 45-217.
Author: Robert T. Stephan
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Languages : en
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The governor has no authority to rescind or revoke a proclamation duly promulgated and filed pursuant to K.S.A. 14-101 et seq. Cited herein: K.S.A. 14-101; Kan. Const., art. 1, sec. 3.
Author: Robert T. Stephan
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Languages : en
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Pursuant to K.S.A. 82a-1021(e), an eligible voter in groundwater management district elections must either own a specified quantity of land or be a user of a specified amount of groundwater annually. In the case of property which is leased to a tenant, the statute provides that the landowner, and not the tenant, possesses the right to vote for such property, unless provided otherwise by the parties in interest. However, should the tenant meet the standard for a water user, he too would be an eligible voter, Cited herein: K.S.A. 82a-1021(e), 82a-1030.
Author: Carla J. Stovall
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Languages : en
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The Kansas Supreme Court has the inherent power to prescribe conditions for admission to the bar and to regulate and control the practice of law. While there are statutes that relate to the practice of law, such statutes are effective only when in accord with the inherent power of the judiciary. Both K.S.A. 44-536(a) and rule 1.5(d) of the Kansas model rules of professional conduct adopted by Supreme Court rule 226 deal with how attorney fees in contingent fee cases are calculated. Because both the court's rule and the statute are intended to achieve the same goal, the legislation does not have a deleterious impact on the court's function. For this reason, K.S.A. 44-536(a) does not amount to a usurpation of power in contravention of the separation of powers doctrine and therefore is a statutory enactment which the court would sanction as in accord with the court's inherent power to regulate and control the practice of law. Cited Herein: K.S.A. 7-103; 7-104; 7-106; 7-108; 7-109; 7-111; K.S.A. 1995 Supp. 7-121b; K.S.A. 44-510c; 44-521; 44-531; 44-536.
Author: Robert T. Stephan
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Languages : en
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County clerks, treasurers, sheriffs and registers of deeds have power and authority in personnel decisions over their employees. However, their actions shall be subject to the personnel policies and procedures and pay plans established by the board of county commissioners and any applicable collective bargaining agreements or civil service system and the budget. Appointment of the undersheriff is exclusively vested in the sheriff. Attorney General Opinion No. 81-287 is withdrawn to the extent set forth herein. Cited herein: K.S.A. 19-302; 19-503; 19-803; 19-805; 19-1202.
Author: Carla J. Stovall
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Languages : en
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Government imposed content-based restrictions on speech are generally impermissible under the first amendment. However, a carefully crafted racial and sexual discrimination and harassment policy that is directed at conduct violative of title VI, title VII or title IX may indirectly regulate speech that is "swept up incidentally within" the policy's reach. Cited herein: 20 U.S.C.A. section 1681; 42 U.S.C.A. sections 2000d, 2000e; 29 C.F.R. section 1604.11.
Author: Carla J. Stovall
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Because section 11(d) of 1996 senate bill no. 585 provides for a substantive rather than a procedural or remedial change, and in the absence of legislative intent that it operate retroactively, in our opinion it should be applied prospectively to felony drug offenses committed after July 1, 1996 and not retroactively to felony drug offenses committed on or after July 1, 1993 but before July 1, 1996 even if the sentencing occurs after July 1, 1996. Cited herein: K.S.A. 21-4705, as amended by 1996 SB 585.
