Attorney General Opinion No. 1989-096 PDF Download

Author: Robert T. Stephan
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Languages : en
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Where an owner of a building which is leased by an adult care home business does not have an express or implied interest in the business of operating the adult care home, it is our opinion that the legislature did not intend to impose a duty upon the owner to assume such an interest. Rent moneys owed to such an owner should be paid to the owner by a receiver unless such moneys are otherwise subject to valid legal claims. However, where a landlord has an interest in the operation of the adult care home and merely seeks to escape licensure requirements or financial responsibility for operation of an adult care home business, that landlord should be on the license and will be subject to cost recovery procedures set forth at K.S.A. 39-960 and 39-961. Cited herein: K.S.A. 39-923; 39-926; 39-954; 39-959; 39-960; 39-961; 39-962; 39-963.

Author: Robert T. Stephan
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Languages : en
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A groundwater management district created pursuant to K.S.A. 82a-1020 is not authorized to implement a conservation plan resembling an intensive groundwater use control area without action by the chief engineer as required by K.S.A. 82a-1036. Cited herein: K.S.A. 82a-701; K.S.A. 1991 Supp. 82a-733; K.S.A. 82a-1020; 82a-1028; 82a-1036; K.S.A. 1991 Supp. 82a-1038; K.S.A. 82a-1039.

Author: Robert T. Stephan
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Languages : en
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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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Languages : en
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Under the provisions of K.S.A. 1988 Supp. 13-13a04, a person appointed to the office of district member of the Washburn University Board of Regents must be a resident of the senatorial district which he or she is appointed to represent. Residence in that district must continue throughout the term of office, and voluntary failure of a person to maintain such residency results in such person's disqualification to hold the office of district member of the Washburn University Board of Regents and creates a vacancy therein. Cited herein: K.S.A. 1988 Supp. 13-13a04, K.S.A. 77-201.

Author: Robert T. Stephan
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Languages : en
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Property seized from a pawnbroker and held by law enforcement officials for use as evidence in a criminal proceeding is regarded as being in c̲u̲s̲t̲o̲d̲i̲a̲ l̲e̲g̲i̲s̲ and subject to the court's order as to the disposition thereof in the same proceeding. If the property is identified as being stolen, it is the duty of the court and the state to see that the property is restored to its rightful owner at the earliest opportunity. However, the due process rights of the pawnbroker must be respected, W̲o̲l̲f̲e̲n̲b̲a̲r̲g̲e̲r̲ ̲v̲.̲ ̲W̲i̲l̲l̲i̲a̲m̲s̲, 774 F.2d 358 (10th Cir. 1985), and the Court should provide the pawnbroker with notice and opportunity to be heard before releasing property to the apparent owner. Cited herein: K.S.A. 1988 Supp. 22-2512.

Author: Robert T. Stephan
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Languages : en
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The provisions of 1982 Senate Bill No. 778, which would require all qualified voters in certain question submitted elections to be furnished ballots by mail and would permit return of these ballots by mail or by personal delivery thereof to the county election officer, would not impose a poll tax in those instances where voters choose to return the ballots by mail, thereby incurring expense for postage. Moreover, such provisions would not, as a matter of law, discriminate in favor of the wealthy, in contravention of the Equal Protection Clause of the Fourteenth Amendment. Cited herein: U.S. Const., Amends. XIV, XXIV.

Author: Robert T. Stephan
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Languages : en
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Subsection (c) of K.S.A. 1988 Supp. 75-6116 generally provides a governmental entity may pay a part of any judgment taken against an employee for punitive or exemplary damages if the government entity finds three conditions exist. The statute requires that a judgment be rendered before the governmental entity may consider whether the conditions attendant to payment have been met. Cited herein: K.S.A. 1988 Supp. 75-6116.

Author: Robert T. Stephan
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Languages : en
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K.S.A. 1988 Supp. 12-1222, and the act of which it is a part, contain provisions which are not uniformly applicable to all cities. Accordingly, a city may use its home rule authority to charter out from the provisions of that statute, including the requirement that members appointed to a library board be residents of the municipality. Cited herein: K.S.A. 1988 Supp. 12-1222; Kan. Const., Art. 12, section 5.

Author: Robert T. Stephan
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Languages : en
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Gross operating revenue," as that term is used in 1989 House Bill No. 2502, includes revenue received from transactions other than title insurance. For purposes of determining whether 20% of gross operating revenue received in the previous six months is derived from controlled business, revenue received from transactions involving land sales in counties populated by 10,000 or less is not included. Since the prohibitions contained in the act do not substantially impair obligations under existing title insurance contracts, the act does not violate the contracts clause of the United States Constitution. The distinction between counties having a population of 10,000 or less and those having a population of more than 10,000 does not create an impermissible classification. Finally, the rule-making authority granted by the act does not conflict with the statute granting rulemaking authority in areas not affected by the act. Cited herein: K.S.A. 40-1111, as amended by L. 1988, ch. 156, section 19; K.S.A. 40-2404 (Ensley 1986); K.S.A. 1988 Supp. 40-2404, as amended by 1989 House Bill No. 2502; K.S.A. 40-2404a; K.A.R. 40-3-43 (Proposed, not yet published); U.S. Const. Art. I, section 10, cl. 1.

Author: Robert T. Stephan
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Languages : en
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Not-for-profit corporations which are private foundations are subject to the provisions of K.S.A. 17-6304 and the duty of loyalty/fairness when making loans or charitable contributions. Transactions between a not-for-profit corporation and one or more of its directors are allowed if the directors' interests are disclosed and the directors do not unfairly benefit to the detriment of the corporation. Cited herein: K.S.A. 17-6001; 17-6102; 17-6304; 79-4601.