Attorney General Opinion No. 1989-123 PDF Download
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Author: Robert T. Stephan
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Securities issued by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association, and certificates of deposit in the Kansas funds for Kansas farmers and small businesses program are not inherently improper investments of money in the state freeway fund. Cited herein: K.S.A. 17-5004; 58-3601; 58-3606; K.S.A. 1988 Supp. 59-3019; K.S.A. 1988 Supp. 68-2311, as amended by L. 1989, ch. 48, section 89; K.S.A. 1988 Supp. 74-4921; 75-4201, as amended by L. 1989, ch. 48, section 104; L. 1986, ch. 331, section 1; 12 U.S.C.S. section 1719(e).
Author: Robert T. Stephan
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Securities issued by the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association, and certificates of deposit in the Kansas funds for Kansas farmers and small businesses program are not inherently improper investments of money in the state freeway fund. Cited herein: K.S.A. 17-5004; 58-3601; 58-3606; K.S.A. 1988 Supp. 59-3019; K.S.A. 1988 Supp. 68-2311, as amended by L. 1989, ch. 48, section 89; K.S.A. 1988 Supp. 74-4921; 75-4201, as amended by L. 1989, ch. 48, section 104; L. 1986, ch. 331, section 1; 12 U.S.C.S. section 1719(e).
Author: Robert T. Stephan
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L. 1988, ch. 29, sec. 8 does not apply to the purchase of an office building by Sedgwick county with monies received through the community corrections grant program. Cited herein: K.S.A. 75-5290; L. 1988, ch. 29, sec. 8; L. 1988, ch. 32, sec. 2; K.A.R. 44-11-123.
Author: Robert T. Stephan
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The Kansas animal dealers act inspection scheme pertains to the operation of a closely regulated industry and meets the Fourth Amendment constitutional tests of reasonableness as set forth by the United States Supreme Court. There is no constitutional or statutory provision giving rise to a "right" of the owner to be present during an agency inspection of premises falling within the ambit of the act. The inspection must cover every condition required to be in compliance with the act and its accompanying regulations. Cited herein: K.S.A. 1989 Supp. 41-2601; 47-1701; 47-1702; 47-1703; 47-1704; 47-1706; 47-1707; 47-1707a; 47-1709; 47-1719; 47-1720; K.S.A. 77-624; K.A.R. 9-13-1; 9-13-2; 9-13-3; U.S. Const. Fourth Amend.
Author: Robert T. Stephan
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Under the United States Supreme Court decision in H̲a̲z̲e̲l̲w̲o̲o̲d̲ ̲S̲c̲h̲o̲o̲l̲ ̲D̲i̲s̲t̲r̲i̲c̲t̲ ̲v̲.̲ ̲K̲u̲h̲l̲m̲e̲i̲e̲̲r̲, local public school officials and administrators may exercise reasonable control over activities sponsored by a public school such as publications, theatrical productions and other expressive activities so long as the educators' actions are reasonably related to legitimate pedagogical concerns and there is no intent to create a public forum. Also, Section 11 of the Kansas Bill of Rights does not provide an absolute right to freedom of speech and expression. Students in private, accredited schools are subject to reasonable school regulations. The H̲a̲z̲e̲l̲w̲o̲o̲d̲ decision applies to public schools on its facts, and does not apply to non-public schools. Cited herein: Kans. Const., B. of R., section 11; U.S. Const., Amend. I, XIV.
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.
Author: Robert T. Stephan
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While the state may require abortions to be performed in licensed facilities from and after the first trimester, K.S.A. 21-3407 sweeps too broadly and the offending provisions cannot be severed from the rest without legislative amendment. We note that the United States Supreme Court is currently considering a case which may modify Roe v. Wade, and thus render this opinion invalid. Cited herein: K.S.A. 21-3407.
Author: Robert T. Stephan
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K.S.A. 1988 Supp. 12-1222, and the act of which it is a part, contain provisions which are not uniformly applicable to all cities. Accordingly, a city may use its home rule authority to charter out from the provisions of that statute, including the requirement that members appointed to a library board be residents of the municipality. Cited herein: K.S.A. 1988 Supp. 12-1222; Kan. Const., Art. 12, section 5.
Author: Robert T. Stephan
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A regulatory agency cannot promulgate a policy statement in lieu of a regulation if the policy statement is intended to create or affect rights and obligations of persons subject to the agency's control. Additionally, all amendments or modifications of a regulation are subject to the filing and publishing requirements in article 4, chapter 77 of the Kansas Statutes Annotated. Cited herein: K.S.A. 1988 Supp. 65-6129; K.S.A. 77-415; K.S.A. 1988 Supp. 77-421; 77-436.
Author: Robert T. Stephan
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K.S.A. 39-1401 e̲t̲ s̲e̲q̲. confidentiality provisions do not prohibit due process procedures, but such procedures are not absolutely mandated if the placement of a name on a list by the State Department of Social and Rehabilitation Services pursuant to K.S.A. 39-1401 e̲t̲ s̲e̲q̲. does not threaten or cause the loss of a constitutionally protected interest in liberty or property. Cited herein: K.S.A. 38-1523 (Ensley 1986); 39-938; 39-1401; 39-1404; 39-1422; K.S.A. 1988 Supp. 65-516; K.S.A. 65-3508; K.A.R. 30-51-1; U.S. Const., Amend. XIV.
Author: Robert T. Stephan
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Subsection (c) of K.S.A. 1988 Supp. 75-6116 generally provides a governmental entity may pay a part of any judgment taken against an employee for punitive or exemplary damages if the government entity finds three conditions exist. The statute requires that a judgment be rendered before the governmental entity may consider whether the conditions attendant to payment have been met. Cited herein: K.S.A. 1988 Supp. 75-6116.
