Attorney General Opinion No. 1983-180 PDF Download
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Author: Robert T. Stephan
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Local boards of education are not required to provide school bus loading areas which allow school buses to be stopped entirely off the roadway portion of all city streets. In addition, while K.S.A. 8-1556(b) and Section 81 of Article 12 of the Uniform Standard Traffic Ordinance for Kansas Cities prohibit a school bus driver from activating the flashing warning signal lamps on the bus when the bus is stopped entirely off the roadway in designated school bus loading areas, the same subsections of law expressly authorize those lamps to be activated when the bus is stopped on a roadway to receive or discharge students. Finally, an area on and along a city street, which is part of the roadway of the street, continues to be a part of the roadway, although the area is posted as a no parking zone. The stopping of a school bus on this portion of a city street to receive or discharge children has no effect on the school bus driver's authority to activate the flashing warning signal lamps on the bus. Cited herein: K.S.A. 8-1459, 8-1556, K.S.A. 72-8301, K.A.R. 1983 Supp. 36-13-33, Kan. Const., Art. 6, section 5.
Author: Robert T. Stephan
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Languages : en
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Local boards of education are not required to provide school bus loading areas which allow school buses to be stopped entirely off the roadway portion of all city streets. In addition, while K.S.A. 8-1556(b) and Section 81 of Article 12 of the Uniform Standard Traffic Ordinance for Kansas Cities prohibit a school bus driver from activating the flashing warning signal lamps on the bus when the bus is stopped entirely off the roadway in designated school bus loading areas, the same subsections of law expressly authorize those lamps to be activated when the bus is stopped on a roadway to receive or discharge students. Finally, an area on and along a city street, which is part of the roadway of the street, continues to be a part of the roadway, although the area is posted as a no parking zone. The stopping of a school bus on this portion of a city street to receive or discharge children has no effect on the school bus driver's authority to activate the flashing warning signal lamps on the bus. Cited herein: K.S.A. 8-1459, 8-1556, K.S.A. 72-8301, K.A.R. 1983 Supp. 36-13-33, Kan. Const., Art. 6, section 5.
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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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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The filing deadline for all city elections (in the absence of a charter ordinance providing otherwise) is 12:00 o'clock noon of the Tuesday preceding by 10 weeks the first Tuesday in April. Said deadline is mandatory, and the only recourse for a candidate, who was prevented from filing for a city office because of the failure of the city clerk to keep his or her office open until 12:00 o'clock noon on the prescribed date, is to seek relief from a court of law. Cited herein: K.S.A. 25-2109, as amended by L. 1982, ch. 157, section 6.
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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K.S.A. 1983 Supp. 41-311(a)(7) provides that no person shall be eligible to obtain an intoxicating liquor license from the Alcoholic Beverage Control Division if he or she has been convicted of "being a proprietor of a gambling house, pandering or any other crime opposed to decency and morality." When first used in 1949 (the year the statute was enacted), the reference to crimes opposed to decency and morality identified those offenses set forth in Chapter 21, Article 9 of the General Statutes of Kansas. Although the statutes detailing these offenses were redistributed in 1970 when the Kansas Criminal Code became effective, for any offense existing in 1949 it is possible to determine whether such crime was then considered to be against decency and morality. If so, the intent of the legislature in including such language in the provisions of K.S.A. 1983 Supp. 41-311(a)(7) should continue to be controlling. Cited herein: K.S.A. 21-3608; K.S.A. 1983 Supp. 41-311; G.S. 1949 21-901, 21-906, 21-907, 21-908, 21-915, 21-937, 21-954, 21-963 (all repealed by L. 1969, ch. 180, section 21-4701), L. 1949, ch. 242, section 27.
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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The Kansas Water Office, as the successor to the authority of the Kansas Water Resources Board, may enter into agreements with the federal government by which water may be held in storage by the state in projects constructed by agencies of the federal government. As provided by K.S.A. 1982 Supp. 82a-934, such agreements are binding upon the state to the extent that future appropriations are made in support thereof. While no applicable sections of the Kansas Constitution limit the period of time an appropriation may extend, K.S.A. 46-155 imposes a limit of at most four years for capitol improvement appropriations. As no exception has been made for water storage agreements, the Kansas Water Office is without authority to make agreements which do not contain the limiting language provided by K.S.A. 1982 Supp. 82a-934. However, as this statute does authorize the Water Office to reimburse the federal government for damages resulting from the use of, or a release from, water storage, it may agree to language which states this in a contract. Cited herein: K.S.A. 40-3405, 46-155, K.S.A. 1982 Supp. 75-4704b, 82a-934, Kan. Const., Art. 2, section 24, Art. 11, sections 6,7,9, 42 U.S.C.A. section 1962d-5b.
Author: Robert T. Stephan
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As amended by L. 1983, ch. 37, K.S.A. 8-1567(c) provides that persons convicted for the first time for the offense of driving while under the influence of alcohol shall be sentenced to not less than 48 hours' imprisonment or 100 hours of public service. The term "imprisonment" includes not only actual incarceration in jail, but may refer to any situation in which the defendant's liberty is restrained and he or she is subject to additional sanctions should an escape be made. Cited herein: K.S.A. 8-1567, as amended by L. 1983, ch. 37.
