Attorney General Opinion No. 1986-059 PDF Download

Author: Robert T. Stephan
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Languages : en
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Kansas laws pertaining to driving under the influence of alcohol allow conviction when the accused's blood or breath alcohol test (BAT) registers less than .10 as long as other supporting evidence is available. A conviction under a similar statute in another state may be considered for sentencing purposes. Cited herein: K.S.A. 1985 Supp. 8-1005; 8-1567.

Author: Robert T. Stephan
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Languages : en
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To qualify as a family farming corporation, at least one stockholder must reside on the farm, or be actively engaged in the labor or management of the farming operation. A single shareholder who supplies the labor for the farming operation meets this requirement. There is no minimum percentage of stock which this person must own. In addition, the corporation may designate a bank incorporated under the laws of this state as a registered agent. Cited herein; K.S.A. 1986 Supp. 9-701; K.S.A. 9-1601; K.S.A. 1986 Supp. 17-5903; 17-5904; K.S.A. 17-6202(a).

Author: Curt Thomas Schneider
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Languages : en
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"Original description", as that term is used in K.S.A. 1977 Supp. 26a-128, refers to that description which first delineates the boundaries of a specific parcel of land, as opposed to pre-existing descriptions of land areas of which the specified parcel is a part.

Author: Robert T. Stephan
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Languages : en
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The maximum reparations for work loss to be awarded by the Crime Victims Reparations Board is two hundred dollars ($200) per week, to be diminished by the amount which a claimant can recoup for work loss from other persons and collateral sources.

Author: Robert T. Stephan
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Languages : en
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K.S.A. 1985 Supp. 21-4602, as amended by L. 1986, ch. 123, provides that the court retains jurisdiction over a person assigned to community corrections. Cited herein: K.S.A. 1985 Supp. 21-4602, as amended by L. 1986, ch. 123, section 5.

Author: Robert T. Stephan
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Languages : en
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A school district is obligated to furnish or provide transportation to students who reside in the district, and who reside more than two and one-half miles from the schoolhouse, with some exceptions for those students who live and attend school in a city. The district's obligation is fulfilled when it provides bus transportation, reimburses persons who furnish transportation in privately owned vehicles, or utilizes a combination of both. A county has a duty to keep county roads in repair. Whether repairing a road necessarily involves graveling is a question of fact for the courts. While a family that lives on a county dirt road is obligated to require their children to attend school, that obligation does not encompass graveling the county dirt road. In the absence of a tax levy or establishment of a road benefit district, other adjoining property owners also do not appear to have an obligation to involuntarily share in the repair expense which would be incurred should the county dirt road be graveled. Cited herein: K.S.A. 68-115, 68-502, 68-5,100, 68-701, 68-702, 72-1111, K.S.A. 1987 Supp. 72-1113, K.S.A. 72-8301, 72-8302, 72-8304.

Author: Robert T. Stephan
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Languages : en
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K.S.A. 82a-1021(e) defines those persons who are eligible to vote in elections of a groundwater management district, with the fee owner of land authorized to designate his tenant to cast the owner's vote in district elections. The subsection also permits estates, trusts and corporations to designate representatives to cast the votes of such entities. However, a person employed by a corporation to manage land owned in fee by a third person could not cast a vote in a district election, as such person would not be either a tenant or the representative of an estate, trust or corporation which itself owned land. Cited herein: K.S.A. 82a-1021(e).

Author: Robert T. Stephan
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Languages : en
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K.S.A. 75-4319(b)(2) authorizes public bodies subject to the Kansas Open Meetings Act (KOMA) to recess into an executive session for the purpose of "consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship ..." The term "consultation" as used in the KOMA necessarily implies the presence of an attorney. Even though a letter from an attorney to his client containing advice is a privileged communication, we must conclude that members of a public body cannot recess into an executive session to review and discuss among themselves a letter from their attorney. Therefore, it is our opinion that the "consultation with an attorney" exception to the open meetings law cannot be invoked unless the attorney for the body is present. Cited herein: K.S.A. 60-426; 75-4317; K.S.A. 1985 Supp. 75-4318(a); K.S.A. 75-4319.

Author: Robert T. Stephan
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Languages : en
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A contest which requires a person to purchase a newspaper to obtain entry forms to participate constitutes a lottery and is illegal in Kansas. Cited herein: K.S.A. 21-4302.

Author: Robert T. Stephan
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Languages : en
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K.S.A. 75-4319 provides that any motion to recess for a closed or executive session must include a statement of both the justification for closing the meeting and the subjects to be discussed. A public body adjourning to executive session pursuant to the exception for "personnel matters" must specify the subject to be discussed with a reasonable degree of specificity, although identification of the particular individual or individuals involved need not be made. Cited herein: K.S.A. 75-4317; 75-4319.