Attorney General Opinion No. 1983-135 PDF Download
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Author: Robert T. Stephan
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A sheriff of a county having a population of less than one hundred thousand may not appoint special deputies under the authority of K.S.A. 19-805a. Such sheriffs may, however, under the general appointment per granted by K.S.A. 19-805, as amended, appoint deputy sheriffs and limit, in writing, the extent of said appointment to the performance of particular acts. Cited herein: K.S.A. 19-805, as amended by L. 1983, ch. 91, 19-805a, 19-805c, K.S.A. 1982 Supp. 22-2401.
Author: Robert T. Stephan
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A sheriff of a county having a population of less than one hundred thousand may not appoint special deputies under the authority of K.S.A. 19-805a. Such sheriffs may, however, under the general appointment per granted by K.S.A. 19-805, as amended, appoint deputy sheriffs and limit, in writing, the extent of said appointment to the performance of particular acts. Cited herein: K.S.A. 19-805, as amended by L. 1983, ch. 91, 19-805a, 19-805c, K.S.A. 1982 Supp. 22-2401.
Author: Robert T. Stephan
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For purposes of civil proceedings under the Code for Care of Children, the legislature defined types of behavior which would constitute sexual abuse by reference to sex offenses in the criminal code, however, it did not thereby intend to adopt a criminal definition of sexual abuse. Thus, while certain acts described as sex offenses in the criminal statutes may not be punishable crimes if committed with a child age 16 years or older; those same acts may constitute abuse of that child under the definition of that term in the Code for Care of Children. Cited herein: K.S.A. 21-3501, 21-3503, 21-3504 as amended by L. 1983, ch. 109; 21-3509, 21-3510, 21-3511, 21-3516, K.S.A. 1982 Supp. 38-1502 as amended by L. 1983, ch. 140, 42 U.S.C. sections 5102, 5104, 45 C.F.R. section 1340.2, 1340.14, 48 Fed. Reg. 3698 (January 26, 1983).
Author: Robert T. Stephan
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Criminal pretrial proceedings must be conducted in the county of venue unless the governing statute specifically permits the proceeding to be conducted in another county. A pretrial proceeding conducted in a county other than the county of venue, without specific statutory authorization therefor, unless waived, is void for lack of jurisdiction. Cited herein: K.S.A. 22-2901, K.S.A. 22-2902, Kan. Const., Bill of Rights section 10.
Author: Robert T. Stephan
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County attorneys must maintain an office at the seat of justice, unless otherwise provided by law or the board of county commissioners. Cited herein: K.S.A. 19-2601.
Author: Robert T. Stephan
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Pursuant to the State Water Plan Storage Act, K.S.A. 82a-1301 e̲t̲ s̲e̲q̲., the Kansas Water Resources Board and its successor, the Kansas Water Office, are empowered to enter into contracts for the withdrawal and use of waters held in storage by the state. Waters so withdrawn and used by a purchaser are subject to a charge fixed by the respective state agency not less than 5 cents nor more than 10 cents per one thousand gallons of water. Such contracts, which may have a term of up to 40 years, must contain a provision by which such charges are reviewed at least every ten years, although the parties to the contract can agree to a more frequent review. Although the Water Office may establish on an annual basis the rate used for all contracts entered into during that year (K.S.A. 82a-1308), such rate may not be altered thereafter, except as provided by the contract. Accordingly, the provisions of 1983 Senate Bill No. 61 which provide for annual adjustments of the water charge may not be applied to contracts entered into and approved by the legislature prior to the effective date of the bill. Cited herein: K.S.A. 1982 Supp. 74-2615, K.S.A. 82a-1305, 82a-1306, 82a-1308, 82a-1316, 1983 Senate Bill No. 61.
Author: Robert T. Stephan
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K.S.A. 1982 Supp. 79-201k, which exempts aircraft used actually, regularly and exclusively in business or industry from property or ad valorem taxes, is not unconstitutional as a matter of law on the ground that the law lacks a rational basis. Cited herein: K.S.A. 1982 Supp. 79-201k, Kan. Const., Bill of Rights section 1, U.S. Const., Amend. XIV.
Author: Robert T. Stephan
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Kansas is a member state in the Interstate Compact on Mental Health by the terms of K.S.A. 65-3101, which incorporate the compact into Kansas statutes. Part of the compact concerns the escape of dangerous or potentially dangerous patients from institutions in any state party to the compact. Upon the capture and identification of such patients, they are to be detained until they can be returned to the state in which they were committed. In this specific circumstance, the provisions of K.S.A. 59-2901 et seq., relating to orders for protective custody and commitment, do not apply, and the patient may be held without such proceedings prior to return to the state from which he escaped. Cited herein: K.S.A. 1982 Supp. 59-2902, K.S.A. 59-2904, K.S.A. 1982 Supp. 59-2905, 59-2908, 59-2909, 59-2912, K.S.A. 59-2917, 65-3101.
Author: Robert T. Stephan
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Section 4(d) of 1983 House Bill No. 2327 (L. 1983, ch. 171), the new Kansas Open Records Act, provides that each request for access shall be acted upon as soon as possible, but not later than three business days following receipt of the request. Only if the request cannot be met within this time must the custodian of the records provide an explanation of the cause for further delay. In addition, the phrases "provide access to" and "permit inspection of" are used interchangeably throughout the bill, and may accordingly be treated as synonymous for purposes of interpretation. Both phrases concern the right of the public to examine public records, and so are different than the right to make copies. Cited herein: L. 1983, Ch. 171.
Author: Robert T. Stephan
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Neither the Kansas Constitution nor current statutes preclude investments by the Kansas Public Employees Retirement System or the State Pooled Money Investment Board in banks or corporations doing business with, or having investments in, the country of South Africa. Until both the Kansas legislature and the governor approve legislation to limit such investments, these public agencies are free to make otherwise prudent investments. Cited herein: K.S.A. 17-5004, 44-1001, 44-1002, 44-1009, 44-1015, 44-1016, 44-1017, 44-1027, 74-4901, K.S.A. 1982 Supp. 74-4909, K.S.A. 74-4921, K.S.A. 1982 Supp. 75-4221a, K.S.A. 75-4254, 1982 Senate Resolution No. 1874, 1983 House Resolution No. 6056, 1983 House Resolution No. 6055, Kan. Const., Art. 2, section 20, U.S. Const., Art. VI, Cl. 2.
Author: Robert T. Stephan
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A city ordinance which purports to authorize "independent contractors" to exercise the sovereign power of the city is contrary to statewide public policy, and is void. However, individuals who act as city attorney and municipal judge, under such an ordinance, are d̲e̲ f̲a̲c̲t̲o̲ officers of the city, and their acts are valid insofar as they involve the public and third parties. Additionally, the legal and judicial services provided by said individuals constitute "employment," as said term is defined in the Old Age and Survivors Insurance Act, and social security contributions are payable by the city with respect to remuneration paid for such services. Cited herein: K.S.A. 40-2301, 40-2302, 40-2305, 60-1205, L. 1983, ch. 157, section 1, Kan. Const., Art. 9, section 5.
