Attorney General Opinion No. 1984-012 PDF Download

Author: Robert T. Stephan
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The removal of a new or used vehicle from a stock of vehicles (held for resale) by a licensed vehicle dealer, and registration of the vehicle in the dealership name, does not constitute a sale at retail under the provisions of K.S.A. 1983 Supp. 79-3602(e). However, where such registration of a vehicle occurs, compensating tax is due pursuant to the provisions of K.S.A. 79-3703, K.A.R. 92-20-3, and K.A.R. 1983 Supp. 92-19-43. Also, in computing said tax, the dealer may not claim credit for a trade-in allowance given by the dealer in the transaction whereby the dealer acquired the vehicle. Cited herein: K.S.A. 8-136, K.S.A. 1983 Supp. 79-3602, 79-3603, K.S.A. 79-3618, 79-3702, 79-3703, 79-3704, 79-3705a, K.A.R. 92-19-11, 92-19-25, K.A.R. 1983 Supp. 92-19-43, K.A.R. 92-20-3.

Author: Robert T. Stephan
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Languages : en
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Session of 1984 Senate Bill 695 is constitutional. A teacher may voluntarily and knowingly waive his due process rights pursuant to K.S.A. 72-5438 through K.S.A. 72-5443 and K.S.A. 72-5446 by entering into an agreement with the board of education to participate in a supplemental salary plan. Cited herein: K.S.A. 60-2101; 72-5437; 72-5438; 72-5443; 72-5446.

Author: Robert T. Stephan
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Languages : en
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Teaching personnel at the State School for the Deaf and the State School for the Visually Handicapped are state employees in the unclassified service of the state's civil service system. As such, they are not governed by the laws which grant tenure and continuing contract rights to teachers in the public elementary and secondary schools. Cited herein: K.S.A. 72-5410, 72-5413, K.S.A. 1984 Supp. 72-5436, K.S.A. 75-2935, 76-715, 76-1001a, 76-1002a, 76-1101a, 76-1116.

Author: Robert T. Stephan
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Languages : en
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The common law doctrine of incompatibility of offices precludes one person from simultaneously holding the offices of city council member and clerk of the municipal court in a city of the third class having a mayor-council form of government. Cited herein: K.S.A. 12-4108.

Author: Robert T. Stephan
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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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In making recommendations as to the zoning of an individual parcel of land, a planning commission acts in a quasi-judicial, rather than a legislative, function. As such, its deliberations may be held in closed session, as a specific exception to the Kansas Open Meetings Law, K.S.A. 75-4317 e̲t̲ s̲e̲q̲. For purposes of the Open Meetings Law, "binding action" would occur when the commission votes to approve or deny a particular request, and would have to be done in an open meeting. Further, In that K.S.A. 12-708 requires the commission to adopt its recommendations by affirmative vote at the conclusion of the hearing, it is not possible to have a binding vote before such recommendations, in the form of specific findings, are prepared. Cited herein: K.S.A. 12-708, K.S.A. 1983 Supp. 75-4318, 75-4319.

Author: Robert T. Stephan
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Languages : en
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Pursuant to the restrictions of K.S.A. 17-5904, and subject to exemptions prescribed therein, corporations (other than family farm corporations and authorized farm corporations) may not own agricultural land in this state. An investment plan whereby a corporation (other than a family farm corporation or authorized farm corporation) would own agricultural land, subject to a "buyback option," would violate the restrictions of the aforesaid statute. Cited herein: K.S.A. 1983 Supp. 17-5903, K.S.A. 17-5904.

Author: Robert T. Stephan
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As amended by Laws 1984, Chapter 154, Section 1(g), K.S.A. 1983 Supp. 38-1523(g) establishes a policy that law enforcement officers investigating reports of abuse or neglect on school premises do so in street clothes. However, the statute imposes no absolute requirement and allows safety and practical considerations to be taken into account. Accordingly, a small police force could determine that its officers should not take the additional time needed to change from their uniforms into street clothes, and then back again, in making such investigations. Cited herein: K.S.A. 1983 Supp. 38-1523, as amended by L. 1984, ch. 154, section 1(g).

Author: Robert T. Stephan
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A municipality, through the exercise of constitutional home, rule powers, may grant to the municipal court the power to impose contempt sanctions against persons who fail to obey the subpoenas of a municipal administrative agency. Cited herein: K.S.A. 12-4101, 12-4104, 12-4105, 12-4106, 12-4204, 12-4602, Kan. Const. Art. 12, section 5.

Author: Robert T. Stephan
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K.S.A. 19-702 provides that it is the duty of the county attorney to prosecute all cases arising out of the criminal statutes of this state which arise in his or her county. If such a violation occurs, it is immaterial whether it takes place within or without the limits of any city located in the county, or whether the officer issuing the citation or making the arrest is an employee of the city or county. In any violation of a state criminal statute, it is the function of the county attorney to prosecute, and such prosecution may not be declined, or additional conditions attached (i̲.̲e̲.̲ payment of costs) on the grounds that the violation took place within the city. Cited herein: K.S.A. 1983 Supp. 8-1567, K.S.A. 12-4111, 12-4113, 19-702, 19-706b.