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 1983 175 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: K.S.A. 1982 Supp. 79-201k, which exempts aircraft used actually, regularly and exclusively in business or industry from property or ad valorem taxes, is not unconstitutional as a matter of law on the ground that the law lacks a rational basis. Cited herein: K.S.A. 1982 Supp. 79-201k, Kan. Const., Bill of Rights section 1, U.S. Const., Amend. XIV.

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 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 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 030 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 Adjutant General may not exercise his rulemaking powers inconsistent with powers granted the governor regarding federally-subsidized flood insurance, pursuant to K.S.A. 48-938. Cited herein: K.S.A. 48-904, 48-907, 48-923, 48-938, 42 U.S.C.A. section 5121, Pub. L. 93-288 (1974).

Download or read book Attorney General Opinion No 1982 205 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: In order to prevent damage to roads under its jurisdiction, a county may, pursuant to K.S.A. 8-1912, prohibit the use of, or impose limits upon the weight of vehicles using, such roads during certain periods when weather conditions would cause such use to inflict damage. Such limits become effective upon the passing of a resolution by the board of county commissioners and the posting of signs stating the limits or prohibitions, violations of which can result in a civil action to recover damages. In that any common law right of a county to bring an action for damages caused by negligent use of county roads has been superseded by statute, only acts which are illegal may give rise to a suit for damages. Cited herein: K.S.A. 8-5,123 (repealed L. 1974, ch. 33), 8-1912, 8-1913.

Download or read book Attorney General Opinion No 1982 150 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 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.

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 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 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 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 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 203 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: Pursuant to K.S.A. 28-137 (as amended by L. 1982, ch. 166, section 4), the party requesting publication of a legal notice in any court action or proceeding is responsible for payment of the fees and charges of the publisher, and a publisher may properly refuse to publish any such notice or to file proof of publication of the notice, unless such payment is made. However, there is nothing to preclude a publisher from accommodating the party requesting such publication and awaiting payment of the publication fees and charges until such time as costs are taxed in the action or proceeding. Cited herein: K.S.A. 28-137 (as amended by L. 1982, ch. 166, section 4).

Download or read book Attorney General Opinion No 1986 175 written by Robert T. Stephan and published by . This book was released on 1986 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Immunity granted by a county attorney pursuant to a plea bargaining agreement is not necessarily binding on another county attorney. Evidence independent of that testified to by the defendant may be used by another county attorney in a prosecution of the defendant. Cited herein: K.S.A. 1985 Supp. 19-702; K.S.A. 22-3415.

Download or read book Attorney General Opinion No 1982 013 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 county may not assess the costs incurred in establishing government corners in conducting a legal survey; however, a county may adopt a resolution pursuant to K.S.A. 19-101a which would permit the county to assess the costs incurred in establishing boundaries to the benefitted landowners. Cited herein: K.S.A. 1980 Supp. 19-101a, K.S.A. 19-1423, 19-1427 (repealed).

Download or read book Attorney General Opinion No 1982 242 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: Pursuant to K.S.A. 80-1404, no city of the second class shall be included within the corporate limits of any township. Said statutory provision, which serves as a limitation on township boundaries, may not be made inapplicable to any township or city through the exercise of city home rule powers. Although statutory provisions prescribe procedures for the sale of real or personal property used in the operation of a township water system, any such property may not be disposed of absent adequate consideration. Cited herein: K.S.A. 12-2901, 80-109, 80-1404, 80-1545; Kan. Const., Art. 12, section 5.