Attorney General Opinion No. 1988-136 PDF Download
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Author: Robert T. Stephan
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The Shawnee county board of county commissioners may fund the Shawnee county fair association pursuant to K.S.A. 1987 Supp. 2-162 or K.S.A. 79-1946. The correct procedure is dependent upon the statutory authority employed. K.S.A. 1987 Supp. 2-162 procedures are not required unless a tax levy is made pursuant to that authority. Cited herein: Kan. Const., Art. 11, sections 1 and 5; K.S.A. 2-127, 2-128, 2-129; K.S.A. 2-130; K.S.A. 1987 Supp. 2-158; 2-162; K.S.A. 19-212; 79-1946 and 79-2934.
Author: Robert T. Stephan
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The Shawnee county board of county commissioners may fund the Shawnee county fair association pursuant to K.S.A. 1987 Supp. 2-162 or K.S.A. 79-1946. The correct procedure is dependent upon the statutory authority employed. K.S.A. 1987 Supp. 2-162 procedures are not required unless a tax levy is made pursuant to that authority. Cited herein: Kan. Const., Art. 11, sections 1 and 5; K.S.A. 2-127, 2-128, 2-129; K.S.A. 2-130; K.S.A. 1987 Supp. 2-158; 2-162; K.S.A. 19-212; 79-1946 and 79-2934.
Author: Robert T. Stephan
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While the governing body of a township has authority to implement a prairie dog eradication program, the tax levy for such program must be authorized by the board of county commissioners. The amount of the levy cannot exceed seven mills. Cited herein: K.S.A. 1988 Supp. 79-1962; K.S.A. 80-1201; 80-1202; 80-1203; 80-1206.
Author: Robert T. Stephan
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An appointed non-lawyer member may not continue membership on the judicial nominating committee once that member has been granted a temporary permit to practice law. Cited herein: K.S.A. 20-119; 20-120, 20-123; 20-124; 20-125; 20-127; Supreme Court Rule 705.
Author: Robert T. Stephan
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In B̲e̲l̲l̲o̲t̲t̲i̲ ̲v̲.̲ ̲B̲a̲i̲r̲d̲, 443 U.S. 622, 995 S. Ct. 3035, 61 L. Ed. 2d 797 (1979) (plurality opinion) the United States Supreme Court held that the United States Constitution would permit a state to require a pregnant minor to obtain parental consent to an abortion if the state provided an alternative procedure whereby the minor could establish that she was mature enough to make the decision on her own or that it would be in her best interests to have the abortion. Since 1988 House Bill No. 2950 establishes such an alternative procedure, it is our opinion that its parental consent requirements would pass constitutional muster. Cited herein: 1988 House Bill No. 2950.
Author: Robert T. Stephan
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42 U.S.C. 290aa, Part C, Sec. 523b(1) prohibits the use of federally provided amounts as a non-federal match contribution. Once a recipient provider has properly received Medicaid reimbursement funds and is free to expend them in any legally permissible manner, those funds become the freely alienable property of that recipient. Thus, such a recipient and not the federal government provides the funds which may thereafter be used to match a grant pursuant to 42 U.S.C. 290aa, Part C, Sec. 523(a). Cited herein: 42 U.S.C. 290aa, Part C, Sec. 523; 42 U.S.C.A. 1396; 42 C.F.R. 74.53; 42 C.F.R. 433.45; K.S.A. 39-701, 39-717, 75-3301, 75-5301; K.A.R. 30-5-58.
Author: Robert T. Stephan
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The issue of whether there has been a violation of the Voting Rights Act or the Fourteenth and Fifteenth Amendments to the United States Constitution in utilizing at large or multi-member electoral systems is a question of fact. Relevant factors a court will consider in making such a factual determination are set forth in this opinion. Cited herein: 42 U.S.C.A. section 1973a.
Author: Robert T. Stephan
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Languages : en
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The letter of notice sent by the Clerk of the Supreme Court to attorneys who fail to register and pay the fee for renewal of their license by July 1 each year, and the return receipt are public records as that term is defined by the Kansas open records act (KORA), K.S.A. 45-215 et seq. These documents are subject to mandatory disclosure as the letter constitutes correspondence intended to give notice of an action relating to a regulatory and enforcement responsibility of the Clerk's office. K.S.A. 1987 Supp. 45-221(a)(14). The list of attorneys certified by the clerk to the Supreme Court who have failed to register and pay the fee, and an order of the Supreme Court suspending an attorney from the practice of law for that reason are also public records which must be disclosed to the public upon request. Cited herein: K.S.A. 45-215; 45-216; 45-217; K.S.A. 1987 Supp. 45-221.
Author: Robert T. Stephan
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A local government cannot be held liable for a violation of civil rights by its agents under 42 U.S.C. section 1983 on the basis of a respondeat superior theory. Local governments are liable only when execution of a government policy or custom inflicts the injury. Cited herein: K.S.A. 1987 Supp. 8-116a; 42 U.S.C. section 1983.
Author: Robert T. Stephan
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K.S.A. 1987 Supp. 21-3525, known as the rape shield law, applies where the crime of rape, K.S.A. 1987 Supp. 21-3502, has occurred. Due to the sexual neutrality of the language used in the rape statute, the definition of "sexual intercourse" found in K.S.A. 1987 Supp. 21-3501(1), and due to the rule that criminal statutes are to be strictly construed, it is possible for a male to be the victim of rape. K.S.A. 1987 Supp. 21-3525 also applies when the crime of aggravated criminal sodomy, K.S.A. 1987 Supp. 21-3506, has occurred. Therefore, the rape shield law does indeed apply to forceable rapes committed against male victims, as well as applying to cases of aggravated criminal sodomy when the victim is a male. Cited herein: K.S.A. 1987 Supp. 21-3501; 21-3502; 21-3506; 21-3525.
Author: Robert T. Stephan
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Pursuant to K.S.A. 1987 Supp. 19-101a(20), counties may not exempt or change the provisions contained in K.S.A. 1987 Supp. 19-211. Pertinent language of Attorney General Opinion No. 87-164 is amended so as to be consistent with this rule. Cited herein: K.S.A. 1987 Supp. 19-101a(20); 19-211.
