Attorney General Opinion No. 1981-203 PDF Download
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Author: Robert T. Stephan
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Responsibility for the planning, design and construction of buildings for state agencies has been vested by the legislature in the Secretary of Administration, who is advised in the performance of these duties by the state building advisory commission. The existence of this statutory framework evinces a clear intent on the part of the legislature that, as control of such capital improvement projects be kept at the state level, they are therefore not matters of local concern. Accordingly, while deference should be given if possible to city building ordinances, the state is not bound by such local codes in the event of a dispute. However, such pre-emption is not the rule where local zoning and site plan regulations are concerned. There, in the event of a dispute, the district court may balance the interests of the state against those of the municipality, following B̲r̲o̲w̲n̲ ̲v̲.̲ ̲K̲a̲n̲s̲a̲s̲ ̲F̲o̲r̲e̲s̲t̲r̲y̲, ̲ ̲F̲i̲s̲h̲ ̲a̲n̲d̲ ̲G̲a̲m̲e̲ ̲C̲o̲m̲m̲i̲s̲s̲i̲o̲n̲, 2 Kan. App. 2d 102 (1978). Cited herein: K.S.A. 1980 Supp. 75-3741, 75-3783, 75-5407b, 75-5409a, Kan. Const., Art. 12, Sec. 5(b).
Author: Robert T. Stephan
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Languages : en
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Responsibility for the planning, design and construction of buildings for state agencies has been vested by the legislature in the Secretary of Administration, who is advised in the performance of these duties by the state building advisory commission. The existence of this statutory framework evinces a clear intent on the part of the legislature that, as control of such capital improvement projects be kept at the state level, they are therefore not matters of local concern. Accordingly, while deference should be given if possible to city building ordinances, the state is not bound by such local codes in the event of a dispute. However, such pre-emption is not the rule where local zoning and site plan regulations are concerned. There, in the event of a dispute, the district court may balance the interests of the state against those of the municipality, following B̲r̲o̲w̲n̲ ̲v̲.̲ ̲K̲a̲n̲s̲a̲s̲ ̲F̲o̲r̲e̲s̲t̲r̲y̲, ̲ ̲F̲i̲s̲h̲ ̲a̲n̲d̲ ̲G̲a̲m̲e̲ ̲C̲o̲m̲m̲i̲s̲s̲i̲o̲n̲, 2 Kan. App. 2d 102 (1978). Cited herein: K.S.A. 1980 Supp. 75-3741, 75-3783, 75-5407b, 75-5409a, Kan. Const., Art. 12, Sec. 5(b).
Author: Robert T. Stephan
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Through the imposition of fines for unlawful conduct, K.S.A. 1980 Supp. 8-1901(d) imposes criminal liability. In addition, subsection (a) of that statute does not appear to violate the United States Constitution's Equal Protection Clause, although it only imposes liability upon a limited class of persons. Moreover, that subsection appears to convey a sufficiently definite warning as to the conduct proscribed therein, so as to avoid being unconstitutionally vague and uncertain. Cited herein: K.S.A. 1980 Supp. 8-1901, 8-1909, K.S.A. 8-2116, 8-2204, 21-3105, K.S.A. 1980 Supp. 21-4503, U.S. Const., Amend. XIV.
Author: Robert T. Stephan
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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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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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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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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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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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Pursuant to the provisions of certain statutes whereby cities may undertake work on private property and assess the cost thereof against the property, a city may assess only actual costs incurred by the city. A city may not, under said statutes, assess a purely arbitrary amount which purports to represent administrative and publication costs incurred by the city. However, where a city may demonstrably measure the administrative costs and publication costs attributable to a specific work project, said costs may be assessed against the property. Cited herein: K.S.A. 12-1617e, 12-1617f, 12-1755, 17-4759; L. 1981, Ch. 173, section 54.
Author: Robert T. Stephan
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For criminal conduct which the State has declared to constitute a felony, municipalities may not exercise concurrent jurisdiction by redefining such offense as a misdemeanor in violation of municipal ordinance. Cited herein: K.S.A. 21-3707, 21-3102, 21-3108, K.S.A. 1980 Supp. 12-4104, 22-2601.
Author: Robert T. Stephan
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Pursuant to K.S.A. 9-1403, the designation of a specific "period of peak deposits" is permissible only where such period occurs at "tax paying time" or "tax distributing time." Cited herein: K.S.A. 1980 Supp. 9-1402, K.S.A. 9-1403, K.S.A. 1980 Supp. 12-1678a, and 1981 House Bill No. 2235.
