Attorney General Opinion No. 1981-127 PDF Download
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Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
There is no basis for disregarding the plain and unambiguous language in K.S.A. 1980 Supp. 8-1901(c) that prescribes the schedules to be used in calculating fines for violations of the vehicular weight limitations contained in K.S.A. 8-1908 and K.S.A. 1980 Supp. 8-1909. An interpretation of these schedules according to the exact and literal import of the words used therein does not contravene the manifest purpose of the legislature, i.̲e̲.̲, to provide for the escalation of fines for such violations in relation to the amount by which said weight limitations are exceeded. Accordingly, there is no justification for interpreting these schedules in a way that requires a modification of the language thereof. Cited herein: K.S.A. 1980 Supp. 8-1901, K.S.A. 8-1908, K.S.A. 1980 Supp. 8-1909.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
There is no basis for disregarding the plain and unambiguous language in K.S.A. 1980 Supp. 8-1901(c) that prescribes the schedules to be used in calculating fines for violations of the vehicular weight limitations contained in K.S.A. 8-1908 and K.S.A. 1980 Supp. 8-1909. An interpretation of these schedules according to the exact and literal import of the words used therein does not contravene the manifest purpose of the legislature, i.̲e̲.̲, to provide for the escalation of fines for such violations in relation to the amount by which said weight limitations are exceeded. Accordingly, there is no justification for interpreting these schedules in a way that requires a modification of the language thereof. Cited herein: K.S.A. 1980 Supp. 8-1901, K.S.A. 8-1908, K.S.A. 1980 Supp. 8-1909.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
A county fair association established pursuant to K.S.A. 2-127 is an independent entity which is not subject to the direction and control of the board of county commissioners. Accordingly, moneys collected by the county as a result of the levy imposed for the association's behalf under K.S.A. 1979 Supp. 2-129i must be paid to the association, upon its request, to be spent as it deems necessary within the limits of the statute. Additionally, the receipt of such moneys does not prevent an association from being entitled to county funds for the payment of those expenses detailed at K.S.A. 2-129. Cited herein: K.S.A. 2-126, 2-127, 2-128, K.S.A. 1979 Supp. 2-129, 2-129i, 2-132, K.S.A. 2-133, 19-212, 19-229.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
An instrument, by which several promissory notes and real estate mortgages securing thoses notes are assigned to a lending institution for the purpose of securing a loan, is not itself a mortgage of real property. It is a mortgage of intangible personal property. Thus, any such instrument should be filed together with other instruments that create liens on personal property. However, if the instrument is proved or acknowledged, and certified in accordance with the provisions of K.S.A. 58-2211 to K.S.A. 58-2219, inclusive, the instrument also may be recorded in the real estate records. Since such instruments are not mortgages of real property, said instruments may be filed without payment of the mortgage registration fee. Cited herein: K.S.A. 58-2211, 58-2219, 58-2221, K.S.A. 1981 Supp. 84-9-401.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
Neither the provisions of K.S.A. 1980 Supp. 19-1803, nor the common law doctrine of incompatibility of offices, precludes a person from concurrently serving on the board of trustees of a county hospital and on the board of education of a local school district. Cited herein: K.S.A. 1980 Supp. 19-1803.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
The common law doctrine of incompatibility of offices precludes one person from simultaneously holding the offices of city councilman and municipal judge in a city of the third class having a mayor-council form of government. Cited herein: K.S.A. 15-204, 15-209.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
There are no statutory obstacles to an election commissioner also holding the office of mayor of a city of the second class. Moreover, the common law doctrine of incompatibility of offices does not preclude such simultaneous incumbencies.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
The common law doctrine of incompatibility of offices precludes a school board member from simultaneously holding the office of county commissioner or the office of mayor of a third class city with a mayor-council form of government. Cited herein: K.S.A. 13-2002, 14-301, 14-1402 and 15-301.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
Under the provisions of K.S.A. 1984 Supp. 22-2908 (as amended by L. 1985, ch. 48, section 16) and K.S.A. 12-4415 (as amended by L. 1985, ch. 48, section 11), a county attorney or city attorney is not prohibited from entering into a diversion agreement in lieu of further criminal proceedings if a defendant (charged with an alcohol related offense) has been convicted of or pleaded n̲o̲l̲o̲ c̲o̲n̲t̲e̲n̲d̲e̲r̲e̲ to a violation of an alcohol related offense in a state other than Kansas. However, a previous conviction in another state must be considered in determining whether diversion of a defendant is in the interest of justice. Cited herein: K.S.A. 1984 Supp. 8-1567 (as amended by L. 1985, ch. 50, section 5), K.S.A. 12-4415 (as amended by L. 1985, ch. 48, section 11), K.S.A. 1984 Supp. 22-2908 (as amended by L. 1985, ch. 48, section 16); L. 1983, ch. 37, section 2.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
A county election officer has no authority to determine the sufficiency of the question stated in the petition for elections but such officer may find a petition insufficient for failure to include an individual date line for each petitioner signing. Cited herein: K.S.A. 25-3601, K.S.A. 1980 Supp. 25-3602, Kan. Const., Art. 12, section 5.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
The deputy county clerk is not required by law to remain in the clerk's office at all times when the clerk is absent and may attend meetings with the clerk. The board of county commissioners has the authority to set office hours for the offices of elected county officials; however, the board may not set the working hours of the elected officials. Cited herein: K.S.A. 1980 Supp. 19-101a, K.S.A. 19-212, 19-302, 19-2601, K.S.A. 1980 Supp. 25-101, K.S.A. 25-702, K.S.A. 1980 Supp. 25-4301, K.S.A. 28-824, 60-1205, 75-714.
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan