Attorney General Opinion No. 1982-208 PDF Download
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Author: Robert T. Stephan
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Languages : en
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The Kansas Board of Regents lacks authority to postpone repayment of promissory notes made pursuant to K.S.A. 1981 Supp. 74-3247. The postponement of repayment obligations for scholarships to osteopathic medical students authorized by L. 1982, Ch. 378 are inapplicable to the promissory notes made under the older loan program. Cited herein: K.S.A. 1981 Supp. 74-3246, 74-3247, 76-373, 76-375 (as amended by L. 1932, ch. 378), 76-376, 76-377, L. 1982, ch. 378.
Author: Robert T. Stephan
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Languages : en
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The Kansas Board of Regents lacks authority to postpone repayment of promissory notes made pursuant to K.S.A. 1981 Supp. 74-3247. The postponement of repayment obligations for scholarships to osteopathic medical students authorized by L. 1982, Ch. 378 are inapplicable to the promissory notes made under the older loan program. Cited herein: K.S.A. 1981 Supp. 74-3246, 74-3247, 76-373, 76-375 (as amended by L. 1932, ch. 378), 76-376, 76-377, L. 1982, ch. 378.
Author: Robert T. Stephan
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Languages : en
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The requirement of K.S.A. 25-208a, that the validity of a candidate's declaration of intent be determined by an election officer within three days of its filing, is directory only. Thus, an election officer may make such determination within a period of time after the declaration is filed that is reasonable under all the attending facts and circumstances. Within three days after a candidate's receipt of notice that an election officer has found such candidate's declaration of intent to be invalid, the candidate may file written objections to such finding. Where the secretary of state has erroneously certified a candidate, pursuant to K.S.A. 25-209, as having filed a valid declaration of intent, the secretary of state has an implied legal duty to correct the error when it is discovered. However, in the absence of an actual set of facts and circumstances, the secretary of state's proper course of action and the legal consequences thereof, cannot be determined. Cited herein: K.S.A. 25-206, 25-208a, 25-209, 25-308.
Author: Robert T. Stephan
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Languages : en
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Pursuant to the provisions of K.S.A. 41-208, the legislature has the exclusive power to regulate the transportation of alcoholic liquor, and cities are preempted from legislating in this area, except to the extent authorized by the legislature. However, K.S.A. 41-208 permits the adoption of city ordinances which declare as unlawful or prohibited any act which is unlawful or prohibited under the Kansas Liquor Control Act, and such ordinances may prescribe penalties for violations consistent with the penalites prescribed under the Liquor Control Act. Accordingly, a city may adopt an "open container" ordinance prohibiting those acts proscribed by K.S.A. 41-804 and prescribing penalties for violations thereof, including authorization for the municipal court to suspend or restrict the driver's license or operating privileges of a person convicted under such ordinance, to the extent provided in K.S.A. 41-804. Cited herein: K.S.A. 1980 Supp. 8-1567, K.S.A. 41-101, 41-208, 41-804, Kan. Const., Art. 12, section 5.
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: Robert T. Stephan
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Languages : en
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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.
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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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.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Robert T. Stephan
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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.
Author: Robert T. Stephan
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The phrase "blighted area of open land," as used in K.S.A. 17-4747(d), refers to a land area which is substantially in excess of that which is contained in a vacant lot or lots in an urban area. Cited herein: K.S.A. 17-4742, 17-4743, 17-4747, 17-4760.
