Attorney General Opinion No. 1991-033 PDF Download
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Author: Robert T. Stephan
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The board of trustees of a community college has the power pursuant to K.S.A. 1990 Supp. 71-201(a)(10) to dispose of any property owned by a community college. The power to dispose of property owned by a community college includes the authority to lease that property. Cited herein: K.S.A. 1990 Supp. 71-201.
Author: Robert T. Stephan
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The board of trustees of a community college has the power pursuant to K.S.A. 1990 Supp. 71-201(a)(10) to dispose of any property owned by a community college. The power to dispose of property owned by a community college includes the authority to lease that property. Cited herein: K.S.A. 1990 Supp. 71-201.
Author: Robert T. Stephan
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The board of county commissioners has the authority to designate and decide which areas of the courthouse, except those used for judicial functions, are to be smoking areas. Cited herein: K.S.A. 19-104; K.S.A. 1991 Supp. 19-212; K.S.A. 21-4009; 21-4010; 20-4011.
Author: Robert T. Stephan
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Acceptance of a post audit performance report by the legislative post audit committee (LPAC) represents consent by that committee to the cessation or completion of audit procedures. While each factual situation concerning liability must be examined independently, the Kansas tort claims act (KTCA), set forth at K.S.A. 75-6101 e̲t̲ s̲e̲q̲., and article 2, section 22 of the Kansas constitution, afford certain immunity to members of the LPAC for actions involved in accepting such reports. It is unlikely that liability would attach to the LPAC's acceptance of a completed report absent a legal duty to change the report or order further inquiries. Cited herein: K.S.A. 46-1101; 46-1103; K.S.A. 1990 Supp. 46-1106; 46-1108; K.S.A. 75-6101; K.S.A. 75-6104, as amended by L. 1991, ch. 209, section 3; K.S.A. 77-201, as amended by L. 1991, ch. 33, section 37; Kan. Const., Art. 2, section 22.
Author: Robert T. Stephan
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Pursuant to section 12 of chapter 33 of the 1991 Session Laws of Kansas, "[w]henever a federal manufactured home construction and safety standard established pursuant to 42 U.S.C. section 5401 et seq. is in effect, no state agency or political subdivision shall have any authority to establish, or to continue in effect, with respect to any manufactured home covered, any standard regarding construction or safety applicable to the same aspect of performance of such manufactured home which is not identical to the federal manufactured home construction and safety standard." Accordingly, any standard adopted by a city, including any building code provision, which contravenes the above-quoted limitation is void, and does not constitute grounds for excluding a residential design manufactured home from the city's single family residential district. Additionally, under section 19 of chapter 56 of the 1991 Session Laws of Kansas, a governing body of a city is prohibited from adopting or enforcing zoning regulations which have the effect of excluding residential design manufactured homes (as defined therein) from single family residential districts solely because they are manufactured homes. Cited herein: L. 1991, ch. 33, section 12; L. 1991, ch. 56, section 19.
Author: Robert T. Stephan
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Boards of libraries established or maintained in accordance with K.S.A. 12-1219 are subject to the provisions of K.S.A. 1990 Supp. 12-1223 and 12-1225. Cited herein: K.S.A. 12-1219; K.S.A. 1990 Supp. 12-1223; 12-1225; K.S.A. 17-6001; 77-201, as amended by L. 1991, ch. 33, section 37.
Author: Robert T. Stephan
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Terms of office of the members of the state board of tax appeals were originally set by statute and appointments were made accordingly. The terms of all subsequent appointees must be made with reference to the initial terms, each commencing at the end of the preceding term. Any appointments made mid-term are for an unexpired term. Cited herein: K.S.A. 1990 Supp. 74-2433; L. 1982, ch. 347, section 33; L. 1969, ch. 369, section 1.
Author: Robert T. Stephan
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The legislature intended that the term "noneconomic loss," found in K.S.A. 1990 Supp. 65-34,126 and not otherwise defined, have the meaning commonly accorded it and as defined by case law interpreting generally similar statutes. Cited herein: K.S.A. 1990 Supp. 65-34,100; 65-34,102; 65-34,126.
Author: Robert T. Stephan
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K.S.A. 1990 Supp. 25-4153a prohibits contributions (to legislators, candidates for legislative seats, and their committees) by registered lobbyists or political committees while the legislature is in session. This prohibition is not a violation of First Amendment rights of free speech and freedom of association. Cited herein: K.S.A. 1990 Supp. 25-4153a; U.S. Const., First Amend.
Author: Robert T. Stephan
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The distribution of powers by a state constitution among the governmental departments is a question for the state itself. Under the Kansas constitution, the functions of parole and probation may be conferred upon either the executive or judicial branch of government. Those powers conferred upon the secretary of corrections by the community corrections act are executive or administrative in nature and may not be transferred to or exercised by the judiciary. Cited herein: K.S.A. 21-4601; K.S.A. 1990 Supp. 21-4603, as amended by L. 1991, ch. 89, section 4; K.S.A. 21-4611; 22-3707; 75-5290; 75-5291; 75-5292; 75-5294; 75-5296; 75-52,103; 75-52,105; 75-52,110; K.S.A. 1990 Supp. 75-52,111; 75-52,114; Kan. Const., Art. 1, sections 1, 7; Kan. Const., Art. 3, section 1.
Author: Robert T. Stephan
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It is our opinion that pursuant to K.S.A. 1990 Supp. 46-1114(c)(1), 26 U.S.C.A. sections 25 e̲t̲ s̲e̲q̲. 26 C.F.R. sections 1.25-1T e̲t̲ s̲e̲q̲. and K.S.A. 1990 Supp. 74-5058 e̲t̲ s̲e̲q̲., post audit should be given access to the records in question unless federal or state law concerning confidentiality of income tax returns prohibits post audit access. These records concern the mortgage credit certificate program which is being implemented and administered by a private entity on behalf of and pursuant to contracts with Kansas counties. Records obtained by post audit remain subject to any duty of confidentiality imposed by law. Cited herein: K.S.A. 1-401; 12-2901; K.S.A. 1990 Supp. 12-2904; K.S.A. 19-101; 45-215; 45-217; K.S.A. 1990 Supp. 45-221, as amended by L. 1991, ch. 149, section 12; K.S.A. 46-1101; K.S.A. 1990 Supp. 46-1106; 46-1108; 46-1114; K.S.A. 46-1115; 46-1116; K.S.A. 1990 Supp. 74-5058; 74-5060; 74-5061; K.S.A. 77-201, as amended by L. 1991, ch. 33, section 37; K.S.A. 79-3234; 26 U.S.C.A. sections 25; 26 U.S.C.A. section 6103; 26 C.F.R. sections 1.25-1T, 1.25 - 3T, 1.25-4T.
