Attorney General Opinion No. 1982-053

Attorney General Opinion No. 1982-053 PDF Author: Robert T. Stephan
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Book Description
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.

Attorney General Opinion No. 1982-053

Attorney General Opinion No. 1982-053 PDF Author: Robert T. Stephan
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Languages : en
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Book Description
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.

Attorney General Opinion No. 1983-053

Attorney General Opinion No. 1983-053 PDF Author: Robert T. Stephan
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Languages : en
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K.S.A. 48-930 authorizes counties to enter into interjurisdictional disaster agreements only after the governor has made certain findings and ordered counties to so act. However, both K.S.A. 1982 Supp. 19-101a and K.S.A. 19-212 E̲l̲e̲v̲e̲n̲t̲h̲, authorize counties to enter into mutual aid agreements for disaster emergencies without gubenatorial directive, so long as such agreements are not contrary to local disaster emergency plans as approved by the division of emergency preparedness. Cited herein: K.S.A. 12-2901, K.S.A. 19-101a, 19-212, K.S.A. 1982 Supp. 48-928, K.S.A. 48-930.

Attorney General Opinion No. 1982-183

Attorney General Opinion No. 1982-183 PDF Author: Robert T. Stephan
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Languages : en
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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. 1982-174

Attorney General Opinion No. 1982-174 PDF Author: Robert T. Stephan
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Languages : en
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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

Attorney General Opinion No. 1982-150 PDF Author: Robert T. Stephan
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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. 1982-153

Attorney General Opinion No. 1982-153 PDF Author: Robert T. Stephan
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Languages : en
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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. 1982-164

Attorney General Opinion No. 1982-164 PDF Author: Robert T. Stephan
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Languages : en
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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. 1982-216

Attorney General Opinion No. 1982-216 PDF Author: Robert T. Stephan
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Languages : en
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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.

Attorney General Opinion No. 1982-171

Attorney General Opinion No. 1982-171 PDF Author: Robert T. Stephan
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Languages : en
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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. 1982-175

Attorney General Opinion No. 1982-175 PDF Author: Robert T. Stephan
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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.