Download or read book Attorney General Opinion No 1982 174 written by Robert T. Stephan and published by . This book was released on 1982 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Attorney General Opinion No 1983 174 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Metropolitan Topeka Airport Authority has no authority to change its quorum requirements from three to four members. Cited herein: K.S.A. 17-6009, 27-327, 27-328, 27-330, 27-331, 27-336, 75-4317, 75-4317a, K.S.A. 1982 Supp. 75-4318, K.S.A. 77-201, F̲o̲u̲r̲t̲h̲.

Download or read book Attorney General Opinion No 1982 175 written by Robert T. Stephan and published by . This book was released on 1982 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 1981 Supp. 8-1567(c), as amended by section 5 of Senate Bill No. 699, establishes penalties for persons convicted of their first violation of the statute. Prior to the 1982 amendment, the subsection authorized a court to punish first time violators by imposing a specified jail sentence or a specified fine, "or by both such fine and imprisonment." In the amended statute, the word "and" replaces the word "or" between the term of imprisonment and the amount of the fine, although the phrase "or by both such fine and imprisonment" is retained. In that the intent of the legislature in altering the disjunctive "or" to the conjunctive "and" was to require both forms of punishment, the additional phrase allowing such is now mere verbiage, and adds nothing to the statute. Cited herein: K.S.A. 1981 Supp. 8-1567, as amended by L. 1982, ch. 144, section 5.

Download or read book Attorney General Opinion No 1982 183 written by Robert T. Stephan and published by . This book was released on 1982 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: As amended by L. 1982, ch. 144, section 5, K.S.A. 1981 Supp. 8-1567 provides that a person convicted of a violation of the offense of operating a motor vehicle while under the influence of alcohol may be required to perform public or community service work as an alternative to incarceration or payment of a fine. In assigning the work to be performed, a judge or court services division would be exercising judicial and discretionary functions, respectively, and would be exempt from liability under the Tort Claims Act, K.S.A. 1981 Supp. 75-6101 e̲t̲ s̲e̲q̲. However, as noted by Attorney General Opinion Nos. 81-98 and 82-157, the recipient organization (including local governments and non-profit corporations) may be liable for injuries and damages inflicted or suffered by persons acting within the scope of their designated community service duties. Cited herein: K.S.A. 1981 Supp. 8-1567 (as amended by L. 1982, ch. 144, section 5), K.S.A. 21-4610, K.S.A. 1981 Supp. 75-6102, 75-6104.

Download or read book Attorney General Opinion No 1982 164 written by Robert T. Stephan and published by . This book was released on 1982 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Attorney General Opinion No 1982 165 written by Robert T. Stephan and published by . This book was released on 1982 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Chapter 44 of the Laws of 1980 amended K.S.A. 8-2107 to allow the use of a credit card to post bond on certain enumerated offenses. Such cards, issued by banks, allow the violator to deposit a draft with the arresting officer, which draft is returned upon the violator's appearance for further proceedings before the court, or, alternatively, is forfeited upon nonappearance. The withholding of a predetermined amount by the issuer of the card from the amount posted as bond is not a violation of the Truth-in-Lending Act, 15 U.S.C. sections 1601 e̲t̲ s̲e̲q̲., in that there is no credit transaction which is subject thereto. Neither is there a violation of anti-trust laws by virtue of two or more banks entering into agreements to purchase such drafts at such a discount, provided such agreements are drafted by a state agency and then presented to such banks for their signature. Cited herein: K.S.A. 1981 Supp. 8-2107, as amended by L. 1982, ch. 47, K.S.A. 16a-3-206, 16a-6-117, K.S.A. 50-101, 15 U.S.C. section 1, 15 U.S.C. section 1637, 12 C.F.R. 226.2, 12 C.F.R. 226.6, 12 C.F.R. 226.7.

Download or read book Attorney General Opinion No 1982 153 written by Robert T. Stephan and published by . This book was released on 1982 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: During the 1982 session of the Legislature, both Senate Bill Nos. 559 and 595 were enacted into law. As each of the two measures contains a section amending K.S.A. 16a-2-401, they should, if possible, be considered together in order to give effect to both. In that they alter different subsections of the statute, the two measures are not in conflict. Even though the changes made by S.B. No. 595 are not reflected in S.B. No. 559, K.S.A. 16a-2-401 may be read to include the changes made by both acts. Cited herein: K.S.A. 16a-2-201, 16a-2-401, 1982 Senate Bill No. 559, 1982 Senate Bill No. 595.

Download or read book Attorney General Opinion No 1982 206 written by Robert T. Stephan and published by . This book was released on 1982 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 1980 House Bill No. 3178 (L. 1980, ch. 64) is an enactment of the legislature which does not uniformly apply to all cities. Thus, since K.S.A. 1981 Supp. 10-1208 and 12-866 were sections of that enactment, a city, pursuant to its constitutional home rule powers, may exempt itself by charter ordinance from the whole or any part of these statutes applicable to such city. Cited herein: K.S.A. 1981 Supp. 10-1208, 12-866, 13-1243, 13-14d12, 75-1123, 75-1124, Kan. Const., Art. 12, section 5.

Download or read book Attorney General Opinion No 1976 174 written by Curt Thomas Schneider and published by . This book was released on 1976 with total page 3 pages. Available in PDF, EPUB and Kindle. Book excerpt: A municipal court is vested with broad discretion to prescribe conditions of release after imposition of a sentence consisting of a fine, which conditions might well include the rendition of prescribed services in the public interest for the city.

Download or read book Attorney General Opinion No 1982 169 written by Robert T. Stephan and published by . This book was released on 1982 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Attorney General Opinion No 1982 152 written by Robert T. Stephan and published by . This book was released on 1982 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Attorney General Opinion No 1982 216 written by Robert T. Stephan and published by . This book was released on 1982 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Attorney General Opinion No 1985 174 written by Robert T. Stephan and published by . This book was released on 1985 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: As previously noted in Attorney General Opinion No. 85-110, a concurrent resolution containing a constitutional amendment adopted by the legislature during the 1985 session may be amended during the 1986 session prior to being submitted to the voters in November, 1986. At present, Chapter 360 of the Laws of 1985 provides for the submission to the voters of an amendment to Article 15, Section 10, which would allow liquor by the drink under certain circumstances. The amendment must be approved by a majority of the voters of the entire state in order to be adopted and a majority of the voters in a particular county before becoming effective in that county. Such a "dual purpose" is clearly disclosed in the explanatory statement which is to be printed on the ballot with the proposed amendment. Further, since the Kansas Constitution limits, rather than confers, power, the people of the state may amend the constitution in any manner they deem appropriate, subject only to the limits of the United States Constitution. Cited herein: K.S.A. 41-301; L. 1985, Chs. 360, 364; Kan. Const., Art. 14, section 1; Art. 15, section 10; Kan. Bill of Rights, sections 2, 20.

Download or read book Attorney General Opinion No 1982 187 written by Robert T. Stephan and published by . This book was released on 1982 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The increased penalty provisions of K.S.A. 21-4501 (as amended by L. 1982, ch. 137, section 1) and K.S.A. 21-4608, (as amended by L. 1982, ch. 150, section 1) do not apply to crimes committed before July 1, 1982 (the effective date of the amendments), but are applicable to sentencing for crimes committed after July 1, 1982. The term "conditional release," as used in K.S.A. 21-4608 (as amended), refers to release from incarceration, subject to rules and conditions imposed by the releasing authority, following imprisonment for the maximum term imposed, minus work and good behavior credits. Cited herein: K.S.A. 21-4501 (as amended by L. 1982, ch. 137, section 1), 21-4608 (as amended by L. 1982, ch. 150, section 1), 22-3718, U.S. Const., Art. I, section 9.

Download or read book Attorney General Opinion No 1982 119 written by Robert T. Stephan and published by . This book was released on 1982 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The terms defined in K.S.A. 1981 Supp. 77-415(4) (as amended by section 1 of 1982 House Bill No. 2712) have the meanings ascribed thereto only when such terms are used in the Rules and Regulations Filing Act (K.S.A. 1981 Supp. 77-415 e̲t̲ s̲e̲q̲., and amendments thereto), except where it is clear that the use of such terms in other statutes is intended by the legislature to convey such meanings. Thus, plans, bulletins, policy manuals and other documents issued by state agencies are not rules and regulations under the filing act, unless they meet the definitional criteria of "rule and regulation" in K.S.A. 1981 Supp. 77-415(4) (as amended). However, unless otherwise specifically provided by statute, such plans, bulletins, policy manuals and other documents which satisfy these definitional criteria do not have the force and effect of law, unless they are promulgated as rules and regulations pursuant to the filing act and filed with the Office of the Revisor of Statutes. Unless altered by legislative enactment, the procedure prescribed in the filing act for legislative oversight and review of rules and regulations may not be extended so as to include plans, bulletins, policy manuals and other documents of state agencies which have not been promulgated in compliance with the filing act. Cited herein: K.S.A. 46-1201, 46-1206, K.S.A. 1981 Supp. 72-961, K.S.A. 1981 Supp. 77-415, 77-416, 77-420 and 77-421 (as amended by sections 1,2,3 and 4, respectively, of 1982 House Bill No. 2712), K.S.A. 77-425, K.S.A. 1981 Supp. 77-426 (as amended by section 7 of 1982 House Bill No. 2712), 77-436; 1982 House Bill Nos. 2724 and 3151.

Download or read book Attorney General Opinion No 1982 171 written by Robert T. Stephan and published by . This book was released on 1982 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Neither K.S.A. 12-1222 nor the common law doctrine of incompatibility of offices precludes a person from simultaneously being the county register of deeds and a member of a city's library board. Cited herein: K.S.A. 12-1218 and 12-1222.

Download or read book Attorney General Opinion No 1982 052 written by Robert T. Stephan and published by . This book was released on 1982 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Public school buildings may not be used for optional student assemblies which include prayer, and reading and study of the Bible, and which are held immediately prior to the start of instruction at the school. Cited herein: U.S. Const., Amends. I, XIV.