Attorney General Opinion No. 1981-002 PDF Download
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Author: Robert T. Stephan
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The legislature has provided for two official ballots for the election of officers at general elections. One such official general ballot contains the names of candidates for national and state offices, and the other contains the names of candidates for county and township officers. Thus, where a candidate's name is printed or written once on each of such ballots it does not contravene the statutory prohibition against a candidate's name being printed more than once on a ballot, or being written elsewhere on a ballot where it is printed. In order to avoid absurd and unreasonable consequences, and in order to effectuate an obvious legislative intent to separate the listing of candidates for state and national offices from the candidates for county and township offices, such provisions must be construed as applying with equal force and effect in those counties which use voting machines. Cited herein: K.S.A. 25-601, K.S.A. 1980 Supp. 25-604, 25-605, 25-605a, 25-613, 25-614, 25-616, 25-617, 25-618, K.S.A. 25-1318, 25-1320, 25-1343, 25-2905, 25-3003, 25-3103, 25-3801.
Author: Robert T. Stephan
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Languages : en
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Book Description
The legislature has provided for two official ballots for the election of officers at general elections. One such official general ballot contains the names of candidates for national and state offices, and the other contains the names of candidates for county and township officers. Thus, where a candidate's name is printed or written once on each of such ballots it does not contravene the statutory prohibition against a candidate's name being printed more than once on a ballot, or being written elsewhere on a ballot where it is printed. In order to avoid absurd and unreasonable consequences, and in order to effectuate an obvious legislative intent to separate the listing of candidates for state and national offices from the candidates for county and township offices, such provisions must be construed as applying with equal force and effect in those counties which use voting machines. Cited herein: K.S.A. 25-601, K.S.A. 1980 Supp. 25-604, 25-605, 25-605a, 25-613, 25-614, 25-616, 25-617, 25-618, K.S.A. 25-1318, 25-1320, 25-1343, 25-2905, 25-3003, 25-3103, 25-3801.
Author: Robert T. Stephan
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Languages : en
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Sections 1 and 2 of 1981 Senate Bill No. 403 (L. 1981, ch. 157) prescribe procedures by which the State of Kansas may seek recoupment of defense funds extended to indigent criminal defendants. The method of recoupment satisfies constitutional requirements enumerated in recent federal decisions, construing and invalidating prior provisions of Kansas recoupment statutes. Cited herein: K.S.A. 20-1201, K.S.A. 20-1207, K.S.A. 1980 Supp. 20-1204a, 22-4504 (as amended by L. 1981, ch. 157, section 1), 22-4513 (as amended by L. 1981, ch. 157, section 2), U.S. Const., Amends. VI, XIV.
Author: Robert T. Stephan
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Languages : en
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L. 1981, Ch. 156 section 2(g) does not require that an inmate convicted of a class A, B or C felony by reason of aiding, Abetting, advising or counseling another to commit a crime, or by reason of the principle provided for in subsection (2) of K.S.A. 21-3205, serve one-half of the minimum term of imprisonment imposed by the court. Rather, the law requires that the inmate serve one-half of the term of imprisonment which would be required had not the aiding, abetting, etc. come into play. Thus, on a class A felony conviction, parole eligibility would occur after seven and one-half years of confinement and on a class B or C felony conviction, parole eligibility would occur after service of one-half of the minimum sentence imposed less good time credits available. Cited herein: L. 1981, Ch. 156.
Author: Robert T. Stephan
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The item veto power granted the governor by Article 2, Section 14(b) of the Kansas Constitution extends only to the disapproval of "items of appropriation of money" in bills containing several such items of appropriation, and such power does not permit the governor to partially veto a bill by disapproving a provision therein effecting a transfer of moneys w̲i̲t̲h̲i̲n̲ the state treasury or imposing conditions, limitations or qualifications on an appropriation or constituting an independent statement of substantive law. Accordingly, Governor Carlin's purported item vetoes of provisions in section 1 of 1980 Senate Bill No. 896 and section 4 of 1980 House Bill No. 2813 were of no force or effect, since neither of the vetoed provisions constituted an item of appropriation. Cited herein: K.S.A. 75-3135; Kan. Const., Art. 2, sectionsections 14, 24; L. 1980, ch. 17, section 4, L. 1980, ch. 25, sectionsections 1, 2.
Author: Robert T. Stephan
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The State Board of Education lawfully may adopt rules and regulations governing the certification of teaching, administrative and other supportive personnel in unified school districts, relying upon its constitutional authority and disregarding any statutory authority or lack thereof. The legislature may not prescribe, amend, modify, or otherwise alter the content of such rules and regulations. Although the procedures prescribed in K.S.A. 77-415 e̲t̲ s̲e̲q̲. do not apply to regulations issued by the State Board of Education pursuant to the authority possessed by the State Board under Article 6, Section 2(a) of the Kansas Constitution, the State Board would be well advised to adopt similar procedures in order to provide adequate notice and opportunity for hearing. Cited herein: K.S.A. 1980 Supp. 77-415 (as amended by L. 1981, ch. 365, section 1), K.S.A. 1980 Supp. 77-421 (as amended by L. 1981, ch. 324, section 33), Kan. Const., Art. 2, section 1, Art. 6, sections 1, 2.
Author: Robert T. Stephan
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K.S.A. 1981 Supp. 60-1103 (as amended by L. 1982, ch. 248, section 2) provides that a warning statement must be given to an owner of residential property before a lien may be claimed by a supplier or subcontractor for the furnishing of labor or materials, providing the claim is in excess of $250. Such a statement informs the owner that a lien may be filed against the property unless a waiver of lien form is obtained from the supplier or subcontractor. In cases where a warning statement is required, an owner of real property is not liable for an amount greater than that originally contracted for, except for payments made after the date the statement is received. Cited herein: K.S.A. 1981 Supp. 60-1103 (as amended by L. 1982, ch. 248, section 2).
Author: Robert T. Stephan
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The procedure for adoption of a budget for a county extension council is governed exclusively by the provisions of K.S.A. 1980 Supp. 2-610, and the provisions of the general budget law, K.S.A. 79-2925 e̲t̲ s̲e̲q̲., are not applicable. Cited herein: K.S.A. 1980 Supp. 2-610, K.S.A. 79-2925.
Author: Robert T. Stephan
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The primary responsibility for plugging an abandoned oil or gas well is placed by Kansas statute upon the owner or operator of the well, in that he is also liable for any damage that is done to surrounding property by seepage of salt water from such well. K.A.R. 82-2-301 e̲t̲ s̲e̲q̲. provide procedures which are to be followed when such a well is plugged, including a requirement (at K.A.R. 82-2-304) that the owner or operator file an affidavit with the Kansas Corporation Commission (KCC) upon completion of the operation. While this affidavit is required to be verified by an agent of the KCC, by means of a second affidavit, neither the filing of this verification nor the affidavit relieve an owner or operator of civil liability should damage result to surrounding land, but at most provide a presumption that accepted procedures for plugging such wells were followed. Cited herein: K.S.A. 55-121, K.S.A. 55-122, K.S.A. 1980 Supp. 55-128, 55-128a, K.S.A. 55-139, 55-140, 55-142, K.A.R. 82-2-302, 82-2-303, 82-2-304, 82-2-312, 82-2-313.
Author: Robert T. Stephan
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Informal gatherings of a majority of a quorum of a city commission to discuss city business, held prior to, during or immediately following regularly scheduled meetings, are subject to the requirements of the Kansas Open Meetings Act. Cited herein: K.S.A. 75-4317, 75-4317a, K.S.A. 1980 Supp. 75-4318, L. 1981, Ch. 344, section 2.
Author: Robert T. Stephan
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Languages : en
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Section 2(a) of Ordinance No. 957 of the city of Osage City, which section requires, as a precondition to the location of a single wide mobile home within the city limits, the "consent of all ascertainable property owners within 300 feet of the property," constitutes an unlawful delegation of legislative power, and violates the due process clause of the Fourteenth Amendment to the Federal Constitution. Cited herein: K.S.A. 75-1218; U.S. Const., 14th Amend.
