Attorney General Opinion No. 1982-076 PDF Download
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Author: Robert T. Stephan
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The county treasurer has control over the means by which the duties imposed under the state motor vehicle registration laws are to be fulfilled. Thus, the county treasurer, and not the board of county commissioners, has the authority to fix the salaries of the necessary help needed to fulfill those duties. However, the county has no responsibility or authority to give financial assistance to the county treasurer in regard to the administration of the state motor vehicle registration laws. The financial resources available to the county treasurer to administer these laws are confined, by K.S.A. 1981 Supp. 8-145, to the amount deposited in the special fund provided for in that statute. (Attorney General Opinion No. 77-39 is withdrawn.) Cited herein: K.S.A. 1981 Supp. 8-145.
Author: Robert T. Stephan
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Languages : en
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The county treasurer has control over the means by which the duties imposed under the state motor vehicle registration laws are to be fulfilled. Thus, the county treasurer, and not the board of county commissioners, has the authority to fix the salaries of the necessary help needed to fulfill those duties. However, the county has no responsibility or authority to give financial assistance to the county treasurer in regard to the administration of the state motor vehicle registration laws. The financial resources available to the county treasurer to administer these laws are confined, by K.S.A. 1981 Supp. 8-145, to the amount deposited in the special fund provided for in that statute. (Attorney General Opinion No. 77-39 is withdrawn.) Cited herein: K.S.A. 1981 Supp. 8-145.
Author: Robert T. Stephan
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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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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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The Wichita State University Endowment Association is a private nonprofit corporation which is not an "agency" of the State of Kansas for purposes of the Kansas Public Records Act, nor is it substantially controlled by Wichita State University within the meaning of K.S.A. 76-721. However, otherwise public records in the custody of the Association retain their character as public records and must be made available in accordance with K.S.A. 45-201 e̲t̲ s̲e̲q̲. Cited herein: K.S.A. 17-6804, 17-6805, 17-7504, 45-201, 76-3a07, 76-3a09, 76-3a16, 76-721, 26 U.S.C.A. section 170.
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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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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Languages : en
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Pursuant to K.S.A. 17-1311, a cemetery corporation is required to deposit a portion (15%) of the purchase price of each burial lot in a trust fund, income from which is to be used solely for the permanent maintenance of the cemetery. "Maintenance" includes those expenditures which relate to the physical upkeep of the cemetery grounds, a fact made explicit by the legislature in an amendment to the statute in 1978. However, a determination whether a specific item of expenditure is maintenance-related is a question of fact which may only be determined by a court. Cited herein: K.S.A. 17-1311, L. 1978, ch. 76, sec. 1.
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.
Author: Robert T. Stephan
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The Adjutant General may not exercise his rulemaking powers inconsistent with powers granted the governor regarding federally-subsidized flood insurance, pursuant to K.S.A. 48-938. Cited herein: K.S.A. 48-904, 48-907, 48-923, 48-938, 42 U.S.C.A. section 5121, Pub. L. 93-288 (1974).
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 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.
