Attorney General Opinion No. 1983-118 PDF Download
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Author: Robert T. Stephan
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1983 Senate Bill No. 28, enacted as L. 1983, ch. 202, provides a limited legislative grant of immunity to a donor of free food to a charitable or non-profit organization which subsequently distributes the food to the public. Except in cases where injury is a direct result of the negligence, recklessness or intentional misconduct of the donor, no liability shall attach. However, the law is restricted to a good-faith donor of canned or perishable food, with the former term defined to mean food which is commercially processed and prepared for human consumption. Food which is processed by an individual in their home, even if by accepted methods of canning, cannot be considered as commercially processed unless the individual normally engages in the sale of such canned goods for profit. Cited herein: L. 1983, ch. 202.
Author: Robert T. Stephan
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Languages : en
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1983 Senate Bill No. 28, enacted as L. 1983, ch. 202, provides a limited legislative grant of immunity to a donor of free food to a charitable or non-profit organization which subsequently distributes the food to the public. Except in cases where injury is a direct result of the negligence, recklessness or intentional misconduct of the donor, no liability shall attach. However, the law is restricted to a good-faith donor of canned or perishable food, with the former term defined to mean food which is commercially processed and prepared for human consumption. Food which is processed by an individual in their home, even if by accepted methods of canning, cannot be considered as commercially processed unless the individual normally engages in the sale of such canned goods for profit. Cited herein: L. 1983, ch. 202.
Author: Robert T. Stephan
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Languages : en
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K.S.A. 1983 Supp. 41-311(a)(7) provides that no person shall be eligible to obtain an intoxicating liquor license from the Alcoholic Beverage Control Division if he or she has been convicted of "being a proprietor of a gambling house, pandering or any other crime opposed to decency and morality." When first used in 1949 (the year the statute was enacted), the reference to crimes opposed to decency and morality identified those offenses set forth in Chapter 21, Article 9 of the General Statutes of Kansas. Although the statutes detailing these offenses were redistributed in 1970 when the Kansas Criminal Code became effective, for any offense existing in 1949 it is possible to determine whether such crime was then considered to be against decency and morality. If so, the intent of the legislature in including such language in the provisions of K.S.A. 1983 Supp. 41-311(a)(7) should continue to be controlling. Cited herein: K.S.A. 21-3608; K.S.A. 1983 Supp. 41-311; G.S. 1949 21-901, 21-906, 21-907, 21-908, 21-915, 21-937, 21-954, 21-963 (all repealed by L. 1969, ch. 180, section 21-4701), L. 1949, ch. 242, section 27.
Author: Robert T. Stephan
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Languages : en
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K.S.A. 80-410 provides that the treasurer of each Kansas township shall have the duty of publishing or causing to be published a financial statement of the township following the meeting of the township board in December of each year. As the statute requires the issuance of a "full and detailed statement, duly verified, of the receipts, expenditures and liabilities" of the township, a treasurer may not substitute a summary which shows totals for categories of expenditures rather than individual items. Cited heren: K.S.A. 19-228, 80-140, L. 1980, ch. 118, section 1.
Author: Robert T. Stephan
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An applicant for appointment by the secretary of state as a notary public must include in the application an oath of office, and the failure to take the oath of office may constitute grounds for revocation of a notary's appointment pursuant to K.S.A. 1982 Supp. 53-118. However, whether an oath has been legally administered is a question of fact. Prior to revoking the appointment of a notary public, the secretary of state must give reasonable notice thereof and provide an opportunity for the notary to respond to the charges being relied upon as grounds for revocation at a hearing held for such purpose. Further, revocation of a notary's appointment pursuant to K.S.A. 1982 Supp. 53-118 operates prospectively, and the secretary of state has no authority to revoke a notary's appointment a̲b̲ i̲n̲i̲t̲i̲o̲. Even though there may have been a defect in a person's appointment as a notary public, or such person failed to conform to some condition precedent to assuming the office of notary public, such person is nonetheless a d̲e̲ f̲a̲c̲t̲o̲ officer where such person was issued a certificate of appointment as a notary, such person held himself or herself out to the public as being a duly appointed notary and, in availing themselves of the notary's services, the public, without inquiry, clearly has presumed such person to be a validly appointed officer. As a consequence, the acts of such person as a d̲e̲ f̲a̲c̲t̲o̲ officer are as valid and effectual, where they concern the public or the rights of third parties, as though such person was an officer d̲e̲ j̲u̲r̲e̲, and such acts are not subject to collateral attack. Cited herein: K.S.A. 1982 Supp. 53-101, 53-102, 53-104, 53-105, 53-105a, 53-116, 53-117, 53-118, K.S.A. 54-102, 54-104, 54-106.
Author: Curt Thomas Schneider
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Languages : en
Pages : 2
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The 120 day time limitation for modification of a sentence by the court begins to run from the actual date of sentencing.
Author: Robert T. Stephan
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Languages : en
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The Kansas Corporation Commission is not exempt from the Kansas Open Meetings Act during deliberations in rate-making cases since such rate-making functions are legislative in nature rather than quasi-judicial. Cited herein: K.S.A. 1982 Supp. 66-101, K.S.A. 66-107, 66-110, 66-113, 66-117, 66-118a, 75-4317, K.S.A. 1982 Supp. 75-4318.
Author: Robert T. Stephan
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Languages : en
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K.S.A. 1982 Supp. 79-201k, which exempts aircraft used actually, regularly and exclusively in business or industry from property or ad valorem taxes, is not unconstitutional as a matter of law on the ground that the law lacks a rational basis. Cited herein: K.S.A. 1982 Supp. 79-201k, Kan. Const., Bill of Rights section 1, U.S. Const., Amend. XIV.
Author: Robert T. Stephan
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For purposes of civil proceedings under the Code for Care of Children, the legislature defined types of behavior which would constitute sexual abuse by reference to sex offenses in the criminal code, however, it did not thereby intend to adopt a criminal definition of sexual abuse. Thus, while certain acts described as sex offenses in the criminal statutes may not be punishable crimes if committed with a child age 16 years or older; those same acts may constitute abuse of that child under the definition of that term in the Code for Care of Children. Cited herein: K.S.A. 21-3501, 21-3503, 21-3504 as amended by L. 1983, ch. 109; 21-3509, 21-3510, 21-3511, 21-3516, K.S.A. 1982 Supp. 38-1502 as amended by L. 1983, ch. 140, 42 U.S.C. sections 5102, 5104, 45 C.F.R. section 1340.2, 1340.14, 48 Fed. Reg. 3698 (January 26, 1983).
Author: Robert T. Stephan
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County attorneys must maintain an office at the seat of justice, unless otherwise provided by law or the board of county commissioners. Cited herein: K.S.A. 19-2601.
Author: Robert T. Stephan
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Criminal pretrial proceedings must be conducted in the county of venue unless the governing statute specifically permits the proceeding to be conducted in another county. A pretrial proceeding conducted in a county other than the county of venue, without specific statutory authorization therefor, unless waived, is void for lack of jurisdiction. Cited herein: K.S.A. 22-2901, K.S.A. 22-2902, Kan. Const., Bill of Rights section 10.
