Download or read book Attorney General Opinion No 1982 226 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. 21-2501a(a) requires that law enforcement agencies maintain permanent records of specified crimes "on forms approved by the attorney general." Such forms, therefore, constitute the records which are required to be maintained, and all information required by these forms is included in such records. Unless such records contain information which is made confidential by law or by directive authorized by law, all information contained in such records is available for public inspection under the Public Records Act (K.S.A. 45-201 e̲t̲ s̲e̲q̲.). If these records contain such confidential information, the law enforcement agency having custody of the records has a duty to make available for public inspection all disclosable portions of the records in a way which protects the confidentiality of the nondisclosable information. Cited herein: K.S.A. 21-2501a, 45-201.

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 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 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 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 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 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 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 127 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: An instrument, by which several promissory notes and real estate mortgages securing thoses notes are assigned to a lending institution for the purpose of securing a loan, is not itself a mortgage of real property. It is a mortgage of intangible personal property. Thus, any such instrument should be filed together with other instruments that create liens on personal property. However, if the instrument is proved or acknowledged, and certified in accordance with the provisions of K.S.A. 58-2211 to K.S.A. 58-2219, inclusive, the instrument also may be recorded in the real estate records. Since such instruments are not mortgages of real property, said instruments may be filed without payment of the mortgage registration fee. Cited herein: K.S.A. 58-2211, 58-2219, 58-2221, K.S.A. 1981 Supp. 84-9-401.

Download or read book Attorney General Opinion No 1982 050 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 provisions of K.S.A. 1981 Supp. 65-3449(b) cannot be construed as an implied delegation of the power of eminent domain to any state board or agency. If the Kansas Legislature were to enact legislation authorizing condemnation proceedings to acquire real property for use as a radioactive waste storage facility, and declaring condemnation of property for such use to be a "public use," the condemnation of property under such an enactment would probably be upheld by the courts of this state. However, any specific "taking" of property, thereunder, would be open to judicial review for the purpose of considering public use, fraud, bad faith, or abuse of discretion. Cited herein: K.S.A. 1981 Supp. 65-3445 and 65-3449.

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 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 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 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 232 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 provided by K.S.A. 16-6a02, the Kansas investment certificate guaranty corporation is governed by a board of directors. Subsection (c) of the statute requires the corporate by-laws to provide that the "initial" board of directors contain four classes of members. These classes, of equal number, represent large, medium and small companies, as well as the general public. In the absence of any statutory provision allowing these classes to be abolished, thus depriving one or more of them of board representation, the provisions of the statute apply to both the initial and subsequent boards of directors. Cited herein: K.S.A. 16-6a02, 16-6a03, 16-6a05, 16-6a07.

Download or read book Attorney General Opinion No 1982 053 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 Secretary of State, pursuant to K.S.A. 75-2567(b), must provide the Kansas Register to each complete depository library free of charge. Cited herein: K.S.A. 1981 Supp. 75-430, 75-433, K.S.A. 75-2565, 75-2566, 75-2567.

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.