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Author: Robert T. Stephan
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Information gathered in the course of an investigation by the Kansas Commission on Civil Rights is confidential, pursuant to K.S.A. 44-1005, as amended by L. 1984, ch. 186, section 1(e). While files of such investigations are subject to retention under the Public Records Preservation Act, K.S.A. 45-401 e̲t̲ s̲e̲q̲., the confidential nature of the files is required to be maintained by the archivist. Cited herein: K.S.A. 44-1005, as amended by L. 1984, ch. 186, section 1(e); K.S.A. 45-405, as amended by L. 1984, ch. 188, section 3; K.S.A. 45-407; 45-408; L. 1984, ch. 282, section 4; K.A.R. 1983 Supp. 21-43-6.
Author: Robert T. Stephan
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Languages : en
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Information gathered in the course of an investigation by the Kansas Commission on Civil Rights is confidential, pursuant to K.S.A. 44-1005, as amended by L. 1984, ch. 186, section 1(e). While files of such investigations are subject to retention under the Public Records Preservation Act, K.S.A. 45-401 e̲t̲ s̲e̲q̲., the confidential nature of the files is required to be maintained by the archivist. Cited herein: K.S.A. 44-1005, as amended by L. 1984, ch. 186, section 1(e); K.S.A. 45-405, as amended by L. 1984, ch. 188, section 3; K.S.A. 45-407; 45-408; L. 1984, ch. 282, section 4; K.A.R. 1983 Supp. 21-43-6.
Author: Robert T. Stephan
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As previously noted in Attorney General Opinion No. 85-110, a concurrent resolution containing a constitutional amendment adopted by the legislature during the 1985 session may be amended during the 1986 session prior to being submitted to the voters in November, 1986. At present, Chapter 360 of the Laws of 1985 provides for the submission to the voters of an amendment to Article 15, Section 10, which would allow liquor by the drink under certain circumstances. The amendment must be approved by a majority of the voters of the entire state in order to be adopted and a majority of the voters in a particular county before becoming effective in that county. Such a "dual purpose" is clearly disclosed in the explanatory statement which is to be printed on the ballot with the proposed amendment. Further, since the Kansas Constitution limits, rather than confers, power, the people of the state may amend the constitution in any manner they deem appropriate, subject only to the limits of the United States Constitution. Cited herein: K.S.A. 41-301; L. 1985, Chs. 360, 364; Kan. Const., Art. 14, section 1; Art. 15, section 10; Kan. Bill of Rights, sections 2, 20.
Author: Robert T. Stephan
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A law which does not attempt to confer legislative power upon some person or group cannot be found to involve an unlawful delegation of legislative authority. The provisions of 1985 House Bill No. 2023, concerning the transfer of a portion of the sales tax receipts of the state from the general fund to the highway fund, do not attempt to delegate legislative power. Thus, those provisions do not involve an unlawful delegation of legislative authority. Cited herein: K.S.A. 79-34,147, 79-34,148, Kan. Const., Art. 2, section 1, 1985 House Bill No. 2023.
Author: Robert T. Stephan
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Under the provisions of K.S.A. 1984 Supp. 22-2908 (as amended by L. 1985, ch. 48, section 16) and K.S.A. 12-4415 (as amended by L. 1985, ch. 48, section 11), a county attorney or city attorney is not prohibited from entering into a diversion agreement in lieu of further criminal proceedings if a defendant (charged with an alcohol related offense) has been convicted of or pleaded n̲o̲l̲o̲ c̲o̲n̲t̲e̲n̲d̲e̲r̲e̲ to a violation of an alcohol related offense in a state other than Kansas. However, a previous conviction in another state must be considered in determining whether diversion of a defendant is in the interest of justice. Cited herein: K.S.A. 1984 Supp. 8-1567 (as amended by L. 1985, ch. 50, section 5), K.S.A. 12-4415 (as amended by L. 1985, ch. 48, section 11), K.S.A. 1984 Supp. 22-2908 (as amended by L. 1985, ch. 48, section 16); L. 1983, ch. 37, section 2.
Author: Robert T. Stephan
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The common law doctrine of incompatibility of offices does not preclude one person from simultaneously holding the offices of deputy sheriff and mayor of a third class city having the mayor-council form of government. Cited herein: K.S.A. 15-301, 15-308, K.S.A. 1984 Supp. 19-805, K.S.A. 19-812, 19-813.
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The common law doctrine of incompatibility of offices precludes one person from simultaneously holding the offices of city council member and county clerk. Cited herein: K.S.A. 79-1965, 79-5004.
Author: Robert T. Stephan
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The decision of the United States Supreme Court in R̲o̲e̲ ̲v̲.̲ ̲W̲a̲d̲e̲, 410 U.S. 113, 93 S. Ct. 705, 35 L. Ed. 2d 147 (1973), permits a state to regulate or even prohibit abortion after the stage of viability, except where it is necessary, in appropriate medical judgment, to preserve the life or health of the mother. Such regulations must be narrowly tailored to fit the precise state interest at stake. As a result, attempts to specify a particular time during a pregnancy when viability occurs or to interfere with the judgment of the attending physician have been struck down as unconstitutional, although general prohibitions on post-viability abortions have been upheld. Cited herein: U.S. Const., Fourteenth Amend.
Author: Robert T. Stephan
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No fee is authorized and no fee should be charged by a register of deeds when filing a judgment pursuant to K.S.A. 60-2201(b). Cited herein: K.S.A. 1984 Supp. 28-115; K.S.A. 60-2201.
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Kansas conservation districts are not authorized under the provisions of K.S.A. 2-1901 e̲t̲ s̲e̲q̲. to pay district employees for mileage, lodging or meal expenses incurred while performing duties away from the office. However, pursuant to K.S.A. 2-1907, a supervisor of a district may be reimbursed for such expenses. Cited herein: K.S.A. 2-1901, 2-1904, 2-1907, 2-1907b, 2-1907c, 75-3201.
Author: Robert T. Stephan
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K.S.A. 1984 Supp. 25-2108a(b) prescribes the conditions under which a city utilizing non-partisan elections must hold a primary election. The statute on its face is uniformly applicable to all cities, and is contained in an act (L. 1982, ch. 157) which is also uniform. K.S.A. 25-2113, which is contained in a different act, sets forth a general rule for non-partisan city elections, but also contains a provision for partisan city elections in Johnson County. The inclusion of this provision renders K.S.A. 25-2113 non-uniform, and thereby subject to a charter ordinance under a city's home rule authority. However, in the absence of such an ordinance which would allow partisan elections, the general provisions of K.S.A. 1984 Supp. 25-2108a concerning primary elections continue to apply. To the extent it is inconsistent with this opinion, Attorney General Opinion No. 78-49 is superseded. Cited herein: K.S.A. 1984 Supp. 25-2108a, K.S.A. 25-2113, Kan. Const. Art. 12, section 5.
