Attorney General Opinion No 1982 059

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Attorney General Opinion No. 1982-059

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (864 download)

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Book Synopsis Attorney General Opinion No. 1982-059 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1982-059 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: Under the provisions of K.S.A. 1981 Supp. 79-5106 and K.S.A. 8-173, a taxpayer may not register a motor vehicle or motor vehicles owned by such taxpayer unless the taxpayer has paid taxes due on the motor vehicle under Article 51 of Chapter 79 of the Kansas Statutes Annotated a̲n̲d̲ a̲l̲l̲ personal property taxes levied against such taxpayer for the preceding year, except that, if the application for registration or reregistration is made before June 21, then the taxpayer must have paid only one-half of all the personal property taxes levied against the person in the preceding year. Cited herein: K.S.A. 8-173, K.S.A. 1981 Supp. 79-5106.

Attorney General Opinion No. 1982-183

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (867 download)

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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.

Attorney General Opinion No. 1978-059

Author : Curt Thomas Schneider
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (88 download)

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Book Synopsis Attorney General Opinion No. 1978-059 by : Curt Thomas Schneider

Download or read book Attorney General Opinion No. 1978-059 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: "Original description", as that term is used in K.S.A. 1977 Supp. 26a-128, refers to that description which first delineates the boundaries of a specific parcel of land, as opposed to pre-existing descriptions of land areas of which the specified parcel is a part.

Attorney General Opinion No. 1982-169

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (866 download)

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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.

Attorney General Opinion No. 1982-152

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (865 download)

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Book Synopsis Attorney General Opinion No. 1982-152 by : Robert T. Stephan

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.

Attorney General Opinion No. 1982-129

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (865 download)

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Book Synopsis Attorney General Opinion No. 1982-129 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1982-129 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: Article 9 of the Uniform Commercial Code (UCC), which governs secured transactions, is applicable to a security interest in oil or gas a̲f̲t̲e̲r̲ such minerals are extracted from the earth. The UCC is not applicable, however, to mortgages of oil and gas leasehold interests, and recordation of such mortgages is governed by the real estate recordation statutes in Chapter 58 of the Kansas Statutes Annotated and the mortgage registration fee statutes, K.S.A. 79-3101 e̲t̲ s̲e̲q̲. Cited herein: K.S:A; 1981 Supp. 79-3102, 84-9-402.

Attorney General Opinion No. 1982-171

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (866 download)

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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.

Attorney General Opinion No. 1982-030

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (864 download)

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Book Synopsis Attorney General Opinion No. 1982-030 by : Robert T. Stephan

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).

Attorney General Opinion No. 1982-153

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (865 download)

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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.

Attorney General Opinion No. 1982-175

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (866 download)

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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.

Attorney General Opinion No. 1982-205

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (867 download)

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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.

Attorney General Opinion No. 1982-239

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (868 download)

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Book Synopsis Attorney General Opinion No. 1982-239 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1982-239 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: Although K.S.A. 21-3725 and 21-3726 prohibit all persons from manipulating or tampering with railroad traffic signal devices, railroad personnel are excused from complying with said statutes when they are required to manipulate such devices to conduct operational tests in accordance with federal regulations. Cited herein: K.S.A. 21-3725, 21-3726, 49 C.F.R. section 217.9.

Attorney General Opinion No. 1982-119

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
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Book Synopsis Attorney General Opinion No. 1982-119 by : Robert T. Stephan

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.

Attorney General Opinion No. 1982-165

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (865 download)

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Book Synopsis Attorney General Opinion No. 1982-165 by : Robert T. Stephan

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.

Attorney General Opinion No. 1982-174

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (866 download)

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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.

Attorney General Opinion No. 1982-232

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (868 download)

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Book Synopsis Attorney General Opinion No. 1982-232 by : Robert T. Stephan

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.

Attorney General Opinion No. 1982-187

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (867 download)

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Book Synopsis Attorney General Opinion No. 1982-187 by : Robert T. Stephan

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.