Attorney General Opinion No. 1993-136 PDF Download

Author: Robert T. Stephan
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There is no statute prohibiting the transfer of budget items from the sheriff's office to the district court during the budgeting process, as long as such items are "expenses incurred for the operation of the district court." We find no violation of the separation of powers doctrine nor the tax lid law in regard to such transfers. Cited herein: K.S.A. 19-811; 19-1903; 19-1910; K.S.A. 20-348; K.S.A. 1992 Supp. 20-349; K.S.A. 20-363; K.S.A. 1992 Supp. 60-2001; 60-2003; K.S.A. 79-2934; K.S.A. 1992 Supp. 79-5028.

Author: Robert T. Stephan
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Languages : en
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The convening of the standing committees which have been designated by the legislative coordinating council as interim study committees between regular sessions of the legislature does not violate article 2, section 8 of the Kansas constitution. Furthermore, the legislative coordinating council has broad statutory power to dictate the subjects that the standing committees will study during the interim session and, consequently, standing committees are authorized to meet and consider whatever subjects have been authorized by the council. Cited herein: K.S.A. 1992 Supp. 46-134a; K.S.A. 46-157; K.S.A. 1992 Supp. 46-801; K.S.A. 46-1002; 46-1201; K.S.A. 1992 Supp. 46-1202; K.S.A. 46-1205; 46-1206; 46-1207; 46-1604, as amended by L. 1993, ch. 136, sec. 3; Kan. Const., Art. 2, Secs. 1, 2, 8.

Author: Robert T. Stephan
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Languages : en
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As used in K.S.A. 1991 Supp. 74-7301, personal injury means an injury affecting one's physical and mental person; an injury giving rise to a personal action at law. Cited herein: K.S.A. 1991 Supp. 74-7301.

Author: Robert T. Stephan
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Languages : en
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It is our opinion that the offices of councilperson for a city of the second class and trustee for the city hospital are incompatible. The common law doctrine of incompatibility of offices precludes a person from concurrently serving in both offices. Cited herein: K.S.A. 14-109; 14-204; 14-205; 14-601; 14-604; 14-605; 14-606; K.S.A. 14-602 (Weeks 1935).

Author: Robert T. Stephan
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Languages : en
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Documents circulated by electors of the city of Cherryvale seeking to bring about a change in the form of city government and the number of wards in the city constitute two separate petitions. Each petition must be able to stand on its own in meeting the requirements for a sufficient petition. A recital of the circulator must be included in each petition. A question regarding abandonment of the commission form of government is to be submitted to the qualified electors of the city at the next city or state general or primary election following by not less than 60 days the certification of the petition. A petition requesting that the question be submitted at an election held at any other time is a nullity. Division of the city into wards is essentially an administrative function, and is not subject to initiative and referendum. A petition requesting a change in the number of wards of a city is therefore of no legal consequence. Cited herein: K.S.A. 12-184; 12-3013; 14-103; 14-1807; K.S.A. 1991 Supp. 25-3601, as amended by L. 1992, ch. 194, section 2; 25-3602, as amended by L. 1992, ch. 194, section 3.

Author: Robert T. Stephan
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Languages : en
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A city may expend public funds for the purchase of a building as long as the purchase is for a public purpose. In addition, a city is authorized by statute to purchase a public building and may lease the building or part of it when not required for city purposes. Cited herein: K.S.A. 12-1736; 12-1737; 12-1738.

Author: Robert T. Stephan
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Languages : en
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Kansas law recognizes contractual guarantees between parent and wholly owned subsidiary corporations for the purpose of meeting the financial requirements of owners and operators of hazardous waste treatment, storage, and disposal facilities. However, the terms of the guarantee must be identical to the terms of 40 C.F.R. 264.151(h)(2). Cited herein: K.S.A. 17-6102; 40 C.F.R. secs. 264.147; 264.151; 265.147.

Author: Robert T. Stephan
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Languages : en
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Pursuant to K.S.A. 1992 Supp. 22-2307(b)(1), a law enforcement officer who has probable cause to believe that a crime has been committed in a domestic violence situation must arrest the perpetrator and the provisions of K.S.A. 22-2401 which make an arrest discretionary do not apply in a domestic violence situation. Cited herein: K.S.A. 1992 Supp. 22-2307, K.S.A. 22-2401.

Author: Robert T. Stephan
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Languages : en
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The legislature may, under article 11, section 1 of the Kansas constitution, define and redefine the term "public utility" as necessary and reasonable to effectuate the makers' and adopters' intent in treating such property differently for purposes of taxation; any legislative definition must remain consistent with the commonly understood meaning of the term. Cited herein: K.S.A. 66-104; 79-5a01; Kan. Const., art. 11, sec. 1; L. 1983, ch. 314, sec. 1; L. 1978, ch. 263, sec. 2.

Author: Robert T. Stephan
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Languages : en
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K.S.A. 48-936 provides immunity from civil liability to those persons owning or controlling real estate who shelter others during actual or impending disasters, as that term is defined at K.S.A. 48-904(d). Cited herein: K.S.A. 48-904; 48-936.