Attorney General Opinion No. 1982-065 PDF Download
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Author: Robert T. Stephan
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Languages : en
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Law enforcement officers employed by a city may, pursuant to the implied authority contained in K.S.A. 1981 Supp. 8-1001 and K.S.A. 22-2401a, transport an arrested person beyond the territorial limits of the city employing such officers for the respective purposes of administering a chemical test of the person's blood or breath and incarceration in the county jail. Cited herein: K.S.A. 1981 Supp. 8-1001, K.S.A. 19-1930, 22-2401, 22-2401a.
Author: Robert T. Stephan
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Languages : en
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Law enforcement officers employed by a city may, pursuant to the implied authority contained in K.S.A. 1981 Supp. 8-1001 and K.S.A. 22-2401a, transport an arrested person beyond the territorial limits of the city employing such officers for the respective purposes of administering a chemical test of the person's blood or breath and incarceration in the county jail. Cited herein: K.S.A. 1981 Supp. 8-1001, K.S.A. 19-1930, 22-2401, 22-2401a.
Author: Robert T. Stephan
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Languages : en
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Under the provisions of Article 3, section 5 of the Kansas Constitution, no member of the Supreme Court Nominating Commission shall, while he or she is a member, hold any other "public office" by appointment. The term "public office" refers to the common-law concept of a public office, and except where the office of city attorney has been stripped of all prosecutorial and other sovereign power (through the exercise of home rule powers), a city attorney holds a public office. Cited herein: Kan. Const., Article 3, section 5.
Author: Robert T. Stephan
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Languages : en
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A financing statement filed with the Secretary of State, pursuant to K.S.A. 1985 Supp. 84-9-410, must be accompanied by a copy of the most recent effective prior financing statement, and any amendments, on file with the Register of Deeds. Also required is a statement that the prior financing statement is still effective. Such transitional filing statement may not be filed if not accompanied by these supporting documents. Cited herein: K.S.A. 84-1-401; K.S.A. 1985 Supp. 84-9-410.
Author: Curt Thomas Schneider
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Languages : en
Pages : 3
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"You have requested an opinion from this office interpreting the phrase, "when provision has been made for payment by the issuance of bonds as provided by law," as it is employed in K.S.A. 1974 Supp. 10-1116. This phrase prescribes a qualification for an exemption to the cash basis law."
Author: Robert T. Stephan
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Languages : en
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Pursuant to K.S.A. 1989 Supp. 74-7312(a), 74-7301(d) and 74-7305(c)(1), the state should be subrogated to the victim's receipt of restitution to the extent of the victim's award from the crime victims compensation board. Cited herein: K.S.A. 21-4610; K.S.A. 1989 Supp. 74-7301; 74-7305; 74-7312.
Author: Robert T. Stephan
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Languages : en
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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).
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.
Author: Robert T. Stephan
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Languages : en
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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.
Author: Robert T. Stephan
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Languages : en
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The provisions of K.S.A. 65-1648 (as amended by L. 1982, ch. 262, 55), which authorize registered nurses to distribute (under certain prescribed circumstances) prescription medications at private, not-for-profit family planning clinics, are valid and constitutional. A prescription-only drug may be distributed at such a clinic only where there has been compliance with the provisions of subsection (q) of K.S.A. 65-669. However, whether competent medical practice necessitates a physical examination prior to receiving prescription medications can be determined only by consideration of the facts of each specific case. Cited herein: K.S.A. 65-669, 65-1635 (as amended by L. 1982, ch. 262, 56), 65-1648 (as amended by L. 1982, ch. 262, section 5), 65-2836, 21 U.S.C.A. section 353.
Author: Robert T. Stephan
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Languages : en
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The provision of K.S.A. 1981 Supp. 8-253(c) which equates forfeiture of bail, bond or collateral deposited to secure a defendant's appearance to a conviction is inapplicable to K.S.A. 41-804 and 41-2719. For purposes of the Motor Vehicle Drivers' License Act, there is no basis for treating forfeiture of an appearance bond given to secure a person's appearance for an offense under K.S.A. 41-804 or 41-2719 as a conviction under either of these statutes. Cited herein: K.S.A. 1981 Supp. 8-253, 8-2107 (as amended by L. 1982, ch. 47, section 1), K.S.A. 41-804, 41-2719.
