Attorney General Opinion No. 1980-187 PDF Download

Author: Robert T. Stephan
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The enactment of 1980 Senate Bill No. 657 would have rendered charitable organizations immune from negligence suits resulting from their distribution of free food which caused death or personal injury when consumed. The measure also would have granted similar immunity to the donors of such food, but in neither case would such immunity have extended to harm stemming from gross negligence, recklessness or intentional misconduct. Such grants of immunity are in violation of Section 18 of the Kansas Bill of Rights, which guarantees all persons who suffer injury a remedy by due course of law, and would therefore be unconstitutional if enacted. Cited herein: K.S.A. 84-2-314, 84-2-315, Sec. 18, Kansas Bill of Rights.

Author: Robert T. Stephan
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Languages : en
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In determining the assessment of real property under K.S.A. 79-417, the county clerk should seek assistance from the county appraiser. It is the date upon which the county clerk discovers that real property has been omitted from the assessment and tax rolls that determines upon which year's assessment and tax rolls the property is to be placed. If the discovery is made on or after November 1 and prior to January 1, the property is to be placed on the assessment and tax rolls of the next tax year. If the discovery is made on or after January 1 and prior to November 1, the property is to be placed on the assessment and tax rolls of the current tax year. Cited herein: K.S.A. 19-430, 19-432, 79-408, 79-417, 79-1412a, S̲e̲c̲o̲n̲d̲, E̲i̲g̲h̲t̲h̲, 79-1801, as amended by L. 1981, ch. 380, section 2, 79-1803, as amended by L. 1981, ch. 379, section 2, 79-1804, 79-2001, as amended by L. 1981, ch. 173, section 78, K.S.A. 1980 Supp. 79-2004.

Author: Robert T. Stephan
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Languages : en
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The increased penalty provisions of K.S.A. 21-4501 (as amended by L. 1982, ch. 137, section 1) and K.S.A. 21-4608, (as amended by L. 1982, ch. 150, section 1) do not apply to crimes committed before July 1, 1982 (the effective date of the amendments), but are applicable to sentencing for crimes committed after July 1, 1982. The term "conditional release," as used in K.S.A. 21-4608 (as amended), refers to release from incarceration, subject to rules and conditions imposed by the releasing authority, following imprisonment for the maximum term imposed, minus work and good behavior credits. Cited herein: K.S.A. 21-4501 (as amended by L. 1982, ch. 137, section 1), 21-4608 (as amended by L. 1982, ch. 150, section 1), 22-3718, U.S. Const., Art. I, section 9.

Author: Robert T. Stephan
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Languages : en
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As amended by chapter 282, section 5, the provisions of chapter 187, section 11 of the 1984 Session Laws prohibit the selling, giving or receiving of lists of names and addresses derived from public records, for the purpose of selling or offering for sale any property or service to the persons listed therein, subject to three exceptions. Section 6 of chapter 187, as amended by section 3 of chapter 282 of the 1984 Session Laws, further requires that any person who obtains a list of names and addresses certify that: (1) he or she will not use the information for the purpose of selling or offering for sale any property or services, and (2) will not give, sell or otherwise make available the list to another person so that the latter may sell or offer for sale any property or service. Accordingly, a person may not make commercial use of information derived from such lists, either directly or through the sale of the lists themselves. Cited herein: K.S.A. 1983 Supp. 21-3913; 45-201 (both repealed, L. 1984, ch. 187); 74-2012, as amended by L. 1984, ch. 282, section l; L. 1983, ch. 171, section 11, L. 1984, ch. 187, sections 6, 11; L. 1984, ch. 282, sections 3, 5.

Author: Robert T. Stephan
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Languages : en
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A police officer has express authorization stated in the law to impound a vehicle driven by a defendant arrested under certain circumstances. However, even though such officer is responsible for taking appropriate measures to protect the property of an arrested person, the question of whether the officer's failure to impound such vehicle constitutes a breach of duty, creating an exposure to tort liability, must be resolved by a competent trier of fact in light of all relevant facts and circumstances. Cited herein: K.S.A. 8-1570, K.S.A. 1979 Supp. 75-6103.

Author: Robert T. Stephan
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Languages : en
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In the absence of statutory or case law prohibition, marriages in which one party is represented by a proxy at the time of the ceremony are legal in Kansas. In addition to complying with general statutory requirements established by K.S.A. 23-101 e̲t̲ s̲e̲q̲., the party who is to be represented by a proxy at the ceremony must confer a power of attorney on the latter to act on his or her behalf. Cited herein: K.S.A. 23-104a, K.S.A. 1979 Supp. 23-106, 23-301, L. 1980, ch. 106, section 1.

Author: Robert T. Stephan
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Languages : en
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Matters involving specific persons under K.S.A. 75-4319(b)(1) and (5) may be discussed in executive session so long as no binding action is taken. However, investigations and research projects affecting groups of persons generally but not specifically, are not the proper subjects of a closed meeting, unless discussion concerns a subject matter otherwise specifically permitted to be considered in closed or executive session by 75-4319(b). Cited herein: K.S.A. 1979 Supp. 74-7401, 74-7402,74-7403, K.S.A. 75-4317, K.S.A. 1979 Supp. 75-4318, K.S.A. 75-4319.

Author: Robert T. Stephan
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Languages : en
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Real estate brokers and salespersons who have been continuously and actively licensed in this state for a period of five or more years immediately prior to July 1, 1980, are not required to submit evidence of "continuing education" under the provisions of Section 13(g) of the Real Estate Brokers' and Salespersons' License Act [L. 1980, Ch. 164, section 13(g)]. A real estate broker or salesperson need not have been continuously and actively engaged in the real estate business for the subject period of time in order to qualify for the exemption created by the aforesaid section. Cited herein: L. 1980, Ch. 164, 12(b) and 13(g).

Author: Robert T. Stephan
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Languages : en
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The common law doctrine of incompatibility of offices does not preclude a county commissioner from concurrently being employed as a filter plant operator by the city water department of a city located within the county where the commissioner holds office. Cited herein: K.S.A. 1979 Supp. 19-205.

Author: Robert T. Stephan
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Languages : en
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Moneys received by the State of Kansas may be appropriated and expended for any public purpose authorized by federal law without violating the constitutional ban on state participation in works of internal improvement. A two-thirds vote of the legislature is not required for such appropriation or expenditure unless funds generated by the State of Kansas, through taxes or other means, are contributed to the project for which the federal funds are to be used. Cited herein: K.S.A. 75-2715,75-3734, K.S.A. 1979 Supp. 75-4201, Kan. Const., Art. 11, section 9.