Attorney General Opinion No. 1982-168 PDF Download
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Author: Robert T. Stephan
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Firearms seized as evidence for use in district courts may be sold, at the court's discretion, and the proceeds shall be paid to the state treasurer. In cities of the second class which have elected to establish police and fire department pension funds as authorized by K.S.A. 1981 Supp. 14-10a02, firearms seized for use as evidence and firearms which are found and unclaimed may be sold and the proceeds paid into the pension funds. However, pursuant to the constitutional grant of home rule power, such cities may modify this procedure by charter ordinance, and cities of the second class which are not subject to this statute may provide by ordinance for the disposition of such firearms. Cited herein: K.S.A. 12-4103, K.S.A. 1981 Supp. 14-10a02, K.S.A. 20-2801, 21-4206, 22-2102, 22-2512, Kan. Const., Art. 12, section 5.
Author: Robert T. Stephan
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Languages : en
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Firearms seized as evidence for use in district courts may be sold, at the court's discretion, and the proceeds shall be paid to the state treasurer. In cities of the second class which have elected to establish police and fire department pension funds as authorized by K.S.A. 1981 Supp. 14-10a02, firearms seized for use as evidence and firearms which are found and unclaimed may be sold and the proceeds paid into the pension funds. However, pursuant to the constitutional grant of home rule power, such cities may modify this procedure by charter ordinance, and cities of the second class which are not subject to this statute may provide by ordinance for the disposition of such firearms. Cited herein: K.S.A. 12-4103, K.S.A. 1981 Supp. 14-10a02, K.S.A. 20-2801, 21-4206, 22-2102, 22-2512, Kan. Const., Art. 12, section 5.
Author: Robert T. Stephan
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Languages : en
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A cemetery district established pursuant to K.S.A. 1982 Supp. 17-1330 e̲t̲ s̲e̲q̲. is responsible for the operation and maintenance of such cemeteries located therein which are conveyed to it by individual cemetery associations or which, if abandoned, are voluntarily taken over by the district. The mere establishment of a cemetery district does not automatically transfer control of or responsibility for all cemeteries included within its boundaries. If responsibility for an abandoned cemetery within the cemetery district has not been assumed by the district, then the township containing said abandoned cemetery is responsible under K.S.A. 1982 Supp. 80-916. Cited herein: K.S.A. 1982 Supp. 17-1330, K.S.A. 17-1332, K.S.A. 1982 Supp. 80-916.
Author: Robert T. Stephan
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Languages : en
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The Board of County Commissioners of Mitchell County possessed the authority to exempt the county from the provisions of K.S.A. 79-5001 to 79-5016, inclusive, to the extent of the costs to be incurred by the county in the operation of the sheriff's department in fiscal year 1983 and each year thereafter, and to prescribe that, for the purpose of determining the county's compliance with the limitation prescribed in K.S.A. 79-5003, those costs are not to be included in determining the aggregate amount of taxes levied by the county in said years. Attorney General Opinion Nos. 81-168 and 77-272 affirmed herein. Cited herein: K.S.A. 19-101a (as amended by L. 1982, ch. 115, section 1), 79-5002, 79-5003, 79-5004, 79-5006, 79-5007, 79-5008, 79-5009, 79-5011, 79-5016.
Author: Robert T. Stephan
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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: Curt Thomas Schneider
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Languages : en
Pages : 3
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You inquire concerning the propriety and legality of a proposal to systematize the handling of special deputy commissions, and to provide adequate training for such deputies.
Author: Robert T. Stephan
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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.
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.
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.
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.
Author: Robert T. Stephan
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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.
