Attorney General Opinion No. 1982-239 PDF Download
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Author: Robert T. Stephan
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Although K.S.A. 21-3725 and 21-3726 prohibit all persons from manipulating or tampering with railroad traffic signal devices, railroad personnel are excused from complying with said statutes when they are required to manipulate such devices to conduct operational tests in accordance with federal regulations. Cited herein: K.S.A. 21-3725, 21-3726, 49 C.F.R. section 217.9.
Author: Robert T. Stephan
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Languages : en
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Although K.S.A. 21-3725 and 21-3726 prohibit all persons from manipulating or tampering with railroad traffic signal devices, railroad personnel are excused from complying with said statutes when they are required to manipulate such devices to conduct operational tests in accordance with federal regulations. Cited herein: K.S.A. 21-3725, 21-3726, 49 C.F.R. section 217.9.
Author: Robert T. Stephan
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Languages : en
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A municipal judge in a city of the second or third class is not required by statute to be a lawyer.
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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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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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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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: Robert T. Stephan
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As provided by K.S.A. 16-6a02, the Kansas investment certificate guaranty corporation is governed by a board of directors. Subsection (c) of the statute requires the corporate by-laws to provide that the "initial" board of directors contain four classes of members. These classes, of equal number, represent large, medium and small companies, as well as the general public. In the absence of any statutory provision allowing these classes to be abolished, thus depriving one or more of them of board representation, the provisions of the statute apply to both the initial and subsequent boards of directors. Cited herein: K.S.A. 16-6a02, 16-6a03, 16-6a05, 16-6a07.
Author: Robert T. Stephan
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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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Article 9 of the Uniform Commercial Code (UCC), which governs secured transactions, is applicable to a security interest in oil or gas a̲f̲t̲e̲r̲ such minerals are extracted from the earth. The UCC is not applicable, however, to mortgages of oil and gas leasehold interests, and recordation of such mortgages is governed by the real estate recordation statutes in Chapter 58 of the Kansas Statutes Annotated and the mortgage registration fee statutes, K.S.A. 79-3101 e̲t̲ s̲e̲q̲. Cited herein: K.S:A; 1981 Supp. 79-3102, 84-9-402.
Author: Robert T. Stephan
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K.S.A. 74-7001(a) requires that one be professionally qualified as well as hold a license or certificate of authorization from the Board in order to practice any of the technical professions. Therefore, other than the exceptions found in K.S.A. 74-7034 and those which might apply in K.S.A. 74-7035, land surveyors are exclusively authorized to prepare original descriptions of real property for conveyance or recording. Cited herein: K.S.A. 74-7001, 74-7003, 74-7029, 74-7034, 74-7035, 74-7036.
