Attorney General Opinion No. 1981-270 PDF Download

Author: Robert T. Stephan
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A consolidated fire district created by virtue of K.S.A. 19-3619 may provide ambulance service as provided by K.S.A. 19-3636a. As a taxing district included within the scope of K.S.A. 1980 Supp. 19-261, the district may be reimbursed by the board of county commissioners for ambulance services provided by a district within the county, upon a determination by the board that the area so included is being provided with adequate ambulance service. Cited herein: K.S.A. 1980 Supp. 19-261, 19-3617, K.S.A. 19-3619, 19-3623b, 19-3632, 19-3633, 19-3634, 19-3636a, 80-1520, L. 1981, ch. 125.

Author: Robert T. Stephan
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Languages : en
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Generally, under Kansas law the relationship between the depositor of grain and a grain storage warehouse is that of a bailment. The depositor's interests are normally preferred over secured and unsecured creditors in insolvency proceedings under the Federal Bankruptcy Code. Such preferred legal status does not prevent the trustee in bankruptcy from exercising temporary jurisdiction over stored grains in the debtor's warehouse until ownership rights of the bailor can be established. However, the trustee must exercise this control in the interests of ownership rights of the holders of documents of title. Cited herein: K.S.A. 34-227, 34-270, 34-2104, 84-2-305, 11 U.S.C.A. 725 (Supp. 1980).

Author: Robert T. Stephan
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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
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Languages : en
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Unlike Kansas cities and counties which exercise constitutional or statutory "home rule" powers, school districts are creatures of statute and, as such, enjoy only those powers expressly conferred, by law, together with those implied powers which are necessary for the effective exercise and discharge of the powers and duties expressly conferred. No statutory authority exists, either expressly conferred or necessarily implied, authorizing the expenditure of school districts funds to contribute to a lobbying effort on a proposed state-wide severance tax. Cited herein: K.S.A. 1980 Supp. 19-101a, K.S.A. 19-101c, 72-1612, 72-1623, 72-5326, 72-8205, Kan. Const., Art. 12, section 5.

Author: Robert T. Stephan
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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
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Languages : en
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If enacted, the proposal under consideration by the Senate Committee on Ways and Means that would statutorily require a legislative committee to approve certain leases of real property by state agencies would constitute a significant interference with the operations of the executive department in an area that is essentially executive in character, thereby violating the separation of powers doctrine. However, the legislature may exert control over the lease of office space by state agencies through appropriations, and the conditions, limitations and qualifications imposed on them, and through the enactment of substantive laws prescribing such restrictions on state agencies' powers in this regard as the legislature deems necessary and appropriate. Cited herein: K.S.A. 75-3025, K.S.A. 1980 Supp. 75-3739, 75-3765, 75-3766, 75-5411.

Author: Robert T. Stephan
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Languages : en
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The provisions of the Kansas Open Meetings Law preclude the election of the acting president of the City Council of Merriam by secret ballot. Cited herein: K.S.A. 1980 Supp. 75-4318.

Author: Robert T. Stephan
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To be consistent with requirements of the United States Constitution, the provisions of K.S.A. 72-5393 can, and must, be construed as neither requiring nor authorizing the provision of therapeutic psychological and speech and hearing services, at public expense and by public employees, on parochial school premises. Instead, said provisions must be construed as requiring that such services be provided at the "truly religiously neutral locations" specified in the statute, i.̲e̲.̲, in the public schools of the school district, in public centers, or in mobile units located off the parochial school premises. Cited herein: K.S.A. 72-5392, 73-5393, U.S. Const., Amend. I, XIV.

Author: Robert T. Stephan
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Prearranged gatherings of a majority of a quorum of a city governing body with local special interest groups may constitute meetings subject to the Kansas Open Meetings Act when the purpose of the gathering is the discussion of issues of concern to the governing body. Cited herein: K.S.A. 75-4317, 75-4317a, K.S.A. 1980 Supp. 75-4318, L. 1981, Ch. 344.

Author: Robert T. Stephan
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Pursuant to K.S.A. 1980 Supp. 58-3048(c), the Real Estate Commission is vested with broad discretion concerning the text of information published by the Commission regarding its enforcement actions and the frequency of such publications, p̲r̲o̲v̲i̲d̲e̲d̲ only that the Commission publish such information that it deems of interest to the public, that it publish such information at least annually in conjunction with its publication of a list of names and addresses of all licensees, and that the manner of publishing such information be calculated to reach the general public. Cited herein: K.S.A. 1980 Supp. 58-3048, 58-3050, 58-3058, 75-6101, 75-6104 (as amended by L. 1981, chs. 357, 358, 359).