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Attorney General Opinion No 1982 033
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Book Synopsis Attorney General Opinion No. 1982-033 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1982-033 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 sole issue to be resolved at an administrative herring held under the "implied consent" law (K.S.A. 1981 Supp. 8-1001) is the reasonableness of a person's refusal to submit to a request to take a blood-alcohol test. At the hearing, the only testimony needed from the arresting officer is the sworn report required in the statute, and if the sworn report addresses the necessary issues, there is no need for the officer to attend the hearing. However, if the sworn report fails to discuss whether the licensee was capable of making a voluntary response to the request to submit to a blood-alcohol test, and it appears that this issue will be raised in the administrative hearing, the testimony of the arresting officer is essential and the attendance of the arresting officer may be compelled by subpoena [K.S.A. 8-255(b)]. Cited herein: K.S.A. 8-255, K.S.A. 1981 Supp. 8-1001 and K.S.A. 54-101.
Book Synopsis Attorney General Opinion No. 1977-033 by : Curt Thomas Schneider
Download or read book Attorney General Opinion No. 1977-033 written by Curt Thomas Schneider and published by . This book was released on 1977 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Steel traps which may be set for coyotes are not limited in number by the provisions of K.S.A. 32-158.
Book Synopsis Attorney General Opinion No. 1982-141 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1982-141 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 Kansas Open Meetings Act requires notice of all regular and special meetings of bodies subject to the Act to be provided to all persons requesting it. Publication of notice of legislative interim study committees in the K̲a̲n̲s̲a̲s̲ R̲e̲g̲i̲s̲t̲e̲r̲ is adequate notice to those persons who subscribe to that publication. However, individual notice is still required for persons who do not subscribe to the R̲e̲g̲i̲s̲t̲e̲r̲. Absent changes in the law or the rules of the House and Senate, such persons may not be denied notice of interim study committees for failure to pay the subscription fee for the R̲e̲g̲i̲s̲t̲e̲r̲ or mailing and postage charges arising from the providing of individual notice. Cited herein: K.S.A. 1981 Supp. 75-430 (as amended by 1982 House Bill No. 2717), K.S.A. 75-4317, K.S.A. 1981 Supp. 75-4318, 77-421 (as amended by 1982 House Bill No. 2712), L. 1981, ch. 324, section 33.
Book Synopsis Attorney General Opinion No. 1982-205 by : Robert T. Stephan
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.
Book Synopsis Attorney General Opinion No. 1982-183 by : Robert T. Stephan
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.
Book Synopsis Attorney General Opinion No. 1982-153 by : Robert T. Stephan
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.
Book Synopsis Attorney General Opinion No. 1982-174 by : Robert T. Stephan
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.
Book Synopsis Attorney General Opinion No. 1982-169 by : Robert T. Stephan
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.
Book Synopsis Attorney General Opinion No. 1982-150 by : Robert T. Stephan
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.
Book Synopsis Attorney General Opinion No. 1982-203 by : Robert T. Stephan
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).
Book Synopsis Attorney General Opinion No. 1982-171 by : Robert T. Stephan
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.
Book Synopsis Attorney General Opinion No. 1978-033 by : Curt Thomas Schneider
Download or read book Attorney General Opinion No. 1978-033 written by Curt Thomas Schneider and published by . This book was released on 1978 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Action by the city governing body fixing or increasing the compensation of members of the governing body to be paid from funds of the city for the performance of their official duties may be accomplished only by ordinance, and not by resolution. The mayor has no power to veto a motion adopted by the governing body which does not constitute an ordinance.
Book Synopsis Attorney General Opinion No. 1982-233 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1982-233 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: Section 10 of L. 1982, ch. 144 establishes a state alcohol and drug safety action program, which is funded through an $85 assessment against any person who is convicted of, pleads n̲o̲l̲o̲ c̲o̲n̲t̲e̲n̲d̲e̲r̲e̲ to, or participates in, a diversion program stemming from a violation of K.S.A. 1981 Supp. 8-1567 (as amended by L. 1982, ch. 144, 55). As subsection (n) of the statute (contained in Section 5) provides that a city ordinance on this subject must contain minimum penalties equal to those of the statute, the fee must be assessed against the above three groups of persons in municipal court, as well as in district court, proceedings. While K.S.A. 12-4112 prohibits the assessment of costs in municipal court cases, this general prohibition has been repealed by implication insofar as the specific assessment imposed by the 1982 act is concerned. Attorney General Opinion No. 78-237 is affirmed. Cited herein: K.S.A. 1981 Supp. 8-1567 (as amended by L. 1982, ch. 144, section 5), K.S.A. 12-4112, L. 1978, ch. 323.
Book Synopsis Attorney General Opinion No. 1986-033 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1986-033 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: K.S.A. 75-4319 provides that any motion to recess for a closed or executive session must include a statement of both the justification for closing the meeting and the subjects to be discussed. A public body adjourning to executive session pursuant to the exception for "personnel matters" must specify the subject to be discussed with a reasonable degree of specificity, although identification of the particular individual or individuals involved need not be made. Cited herein: K.S.A. 75-4317; 75-4319.
Book Synopsis Attorney General Opinion No. 1982-108 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1982-108 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 city of the third class may, pursuant to its constitutional home rule powers, exempt itself, by charter ordinance, from that portion of K.S.A. 15-809 which requires that the excess proceeds from the sale of a city-owned utility be paid into the city's general fund. The provisions of K.S.A. 55-211a are uniformly applicable to all cities, and a city may not exempt itself from that portion of the statute which prescribes that moneys arising from the lease of lands for drilling for oil or gas, or from the production of oil or gas, shall become a part of the city's general fund. Cited herein: K.S.A. 15-809, 55-211a, Kan. Const., Art. 12, section 5.
Book Synopsis Attorney General Opinion No. 1982-175 by : Robert T. Stephan
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.
Book Synopsis Attorney General Opinion No. 1982-054 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1982-054 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 taxes authorized by K.S.A. 68-1103 and K.S.A. 68-1135 are separate and distinct and may be levied simultaneously so long as the provisions of K.S.A. 79-5001 e̲t̲ s̲e̲q̲., are followed. Cited herein: K.S.A. 68-1103, 68-1135, K.S.A. 1981 Supp. 79-1947, K.S.A. 79-5001, 79-5011.
