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Attorney General Opinion No 1982 064
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Book Synopsis Attorney General Opinion No. 1982-064 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1982-064 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. 82a-1021(e), an eligible voter in groundwater management district elections must either own a specified quantity of land or be a user of a specified amount of groundwater annually. In the case of property which is leased to a tenant, the statute provides that the landowner, and not the tenant, possesses the right to vote for such property, unless provided otherwise by the parties in interest. However, should the tenant meet the standard for a water user, he too would be an eligible voter, Cited herein: K.S.A. 82a-1021(e), 82a-1030.
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. 1982-206 by : Robert T. Stephan
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.
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.
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. 1982-174 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. 1982-175 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. 1982-164 by : Robert T. Stephan
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.
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.
Book Synopsis Attorney General Opinion No. 1986-064 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1986-064 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: The Board of Pharmacy does not have authority to promulgate a regulation mandating patient profile records as the proposed regulation goes beyond the statutory authority conferred on the agency. Cited herein: K.S.A. 65-1627; 65-1630; 65-1637; 65-1642; 65-1643; 74-1603; K.A.R. 68-2-21 (proposed to take effect May 1, 1986).
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).
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. 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. 1982-241 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1982-241 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 State Board of Pharmacy is not authorized, under the provisions of K.S.A. 65-1648 (as amended by L. 1982, ch. 262, section 5) or any other statute, to adopt a regulation which provides, expressly or by implication, that the issuance of standing orders is outside the authorized course of professional practice of a physician. However, the State Board of Healing Arts has jurisdiction to investigate complaints against practitioners who allegedly issue standing orders in contravention of standards of competent medical practice. A public health department or private not-for-profit family planning clinic may not distribute any drug to a patient where such distribution would violate any provision of the Uniform Controlled Substances Act, K.S.A. 65-4101 e̲t̲ s̲e̲q̲. A designated registered nurse, in charge of distributing drugs at a public health department or private not-for-profit family planning clinic (when a pharmacist is not on the premises), may supply the entire quantity of drugs necessary for treatment of a patient, if completion of the course of treatment ordered by the supervising practitioner entails supplying such a quantity of drugs. Cited herein: K.S.A. 65-1626 (as amended by L. 1982, ch. 182, section 138), 65-1648 (as amended by L. 1982, ch. 262, section 5), 65-4101, 65-4123 (as amended by L. 1982, ch. 269, section 7).
Book Synopsis Attorney General Opinion No. 1982-185 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1982-185 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, relating to the operation of a motor vehicle while under the influence of alcohol, was extensively amended by Section 5 of L. 1982, ch. 144. Changes made included increasing the penalties for those convicted of a violation, eliminating plea. bargaining, standardizing diversion programs, authorizing community service in lieu of a fine and revising the procedures for license revocation. Despite such changes, the behavior proscribed by the statute prior to July 1, 1982 (the effective date of the amended statute) remains proscribed after that date. Accordingly, a person found to have violated the section subsequent to that date should be regarded as a second-time or multiple offender if a prior conviction or convictions occurred under the statute within five years prior to the 1982 amendments. Cited herein: K.S.A. 1981 Supp. 8-262, 8-1567 (as amended by L. 1982, ch. 144, section 5), K.S.A. 77-201.
Book Synopsis Attorney General Opinion No. 1982-226 by : Robert T. Stephan
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.
Book Synopsis Attorney General Opinion No. 1982-216 by : Robert T. Stephan
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.
