Attorney General Opinion No 1982 157

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Attorney General Opinion No. 1982-157

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. 1982-157 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1982-157 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 1982 Senate Bill No. 699 establishes a state alcohol and drug safety action program, which is funded through the assessment of an $85 fine 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 subsection (n) of the statute (contained in Section 5 of the bill) 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 a city attorney is required to establish procedures and guidelines for a diversion program under Sections 11 through 18 of the bill, he or she is not required to offer diversion to any violator. However, should the prosecutor so elect, the procedures and guidelines set forth therein must be followed. A person who performs community service work, either as a result of such a diversion program or as a condition of a sentence, is an employee of the city for the purposes of the Tort Claims Act, K.S.A. 1981 Supp. 75-6101 e̲t̲ s̲e̲q̲., creating the potential for tort lability for damages caused by the individual's negligent or wrongful acts or omissions. Cited herein: K.S.A. 1981 Supp. 8-1567, K.S.A. 22-2908, both as amended by 1982 Senate Bill No. 699, K.S.A. 1981 Supp. 75-6101, 75-6102, 75-6103, 75-6104, 1982 Senate Bill No. 699.

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. 1982-231

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. 1982-231 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1982-231 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: Where the commission-manager form of city government has been adopted by a city of the second class having a population of 8,000 or less: (1) a mayor is not elected, but the chairman of the city commission assumes the title of mayor; (2) a primary election is conducted, if required by the provisions of K.S.A. 25-2108a (as amended by L. 1982, ch. 157, section 5), according to the procedures prescribed by K.S.A. 25-2101 e̲t̲ s̲e̲q̲.; (3) the term of office of commissioners first elected is two years, and thereafter commissioners are elected for four-year terms; (4) the commissioner assuming the title of mayor serves as the official head of the city on formal occasions, performs the legislative duties of a commissioner, and signs all ordinances of the city; (5) city commissioners do not have titles, except as the board organizes itself for business; and (6) the nomination and election of commissioners is governed by the election laws applicable to city primary and general elections. Cited herein: K.S.A. 12-1005c, 12-1006, 12-1007, 12-1014, 12-1017, K.S.A. 1981 Supp. 12-1018, K.S.A. 12-1020, 12-3003, 14-1204, K.S.A. 1981 Supp. 14-1806, K.S.A. 25-2101, 25-2108a, L. 1982, ch. 157, section 5.

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. 1982-175

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. 1982-153

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. 1982-174

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. 1982-150

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. 1982-150 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.

Attorney General Opinion No. 1982-164

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
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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.

Attorney General Opinion No. 1982-033

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. 1982-033 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.

Attorney General Opinion No. 1982-013

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. 1982-013 by : Robert T. Stephan

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).

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.

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. 1983-016

Author : Robert T. Stephan
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (858 download)

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Book Synopsis Attorney General Opinion No. 1983-016 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1983-016 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: The filing deadline for all city elections (in the absence of a charter ordinance providing otherwise) is 12:00 o'clock noon of the Tuesday preceding by 10 weeks the first Tuesday in April. Said deadline is mandatory, and the only recourse for a candidate, who was prevented from filing for a city office because of the failure of the city clerk to keep his or her office open until 12:00 o'clock noon on the prescribed date, is to seek relief from a court of law. Cited herein: K.S.A. 25-2109, as amended by L. 1982, ch. 157, section 6.

Attorney General Opinion No. 1982-233

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. 1982-233 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.

Attorney General Opinion No. 1982-142

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. 1982-142 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1982-142 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: Amendments made to K.S.A. 1981 Supp. 12-1675 by 1982 Substitute for House Bill No. 2139, which takes effect on July 1, 1982, have prospective application only. The limitations imposed by these amendments on the investment of idle funds by units of local government are applicable to such investments made on and after July 1, 1982, and do not affect investments which were lawfully made prior to that time, even though the contractually prescribed periods of time for which the funds were invested extend beyond July 1, 1982. Cited herein: K.S.A. 1981 Supp. 12-1675 (as amended by section 6 of 1982 Substitute for House Bill No. 2139).

Attorney General Opinion No. 1982-193

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. 1982-193 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1982-193 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 amount of money to be raised through the imposition of a property tax to maintain a library established under the provisions of K.S.A. 12-1218 e̲t̲ s̲e̲q̲. is to be determined by the board of directors of the library, not by the governing body of the municipality. Although the sum requested cannot result in a mill levy in excess of that allowed by law, the governing body of the municipality may not reduce the amount requested by the library board. Cited herein: K.S.A. 1981 Supp. 12-1215, K.S.A. 12-1216, 12-1218, K.S.A. 1981 Supp. 12-1220.