Attorney General Opinion No. 1991-113 PDF Download
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Author: Robert T. Stephan
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Coffey county, may not issue its general obligation bonds to finance industrial development facilities pursuant to the home rule resolution no. 263. The county must follow the procedure set forth in B̲l̲e̲v̲i̲n̲s̲ ̲v̲.̲ ̲H̲i̲e̲b̲e̲r̲t̲, 247 Kan. 1 (1990), if it wishes to issue bonds pursuant to home rule legislation.
Author: Robert T. Stephan
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Languages : en
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Coffey county, may not issue its general obligation bonds to finance industrial development facilities pursuant to the home rule resolution no. 263. The county must follow the procedure set forth in B̲l̲e̲v̲i̲n̲s̲ ̲v̲.̲ ̲H̲i̲e̲b̲e̲r̲t̲, 247 Kan. 1 (1990), if it wishes to issue bonds pursuant to home rule legislation.
Author: Robert T. Stephan
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Languages : en
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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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Section 2(b)(10) of chapter 150 of the 1991 Session Laws does not preclude endorsements by a newspaper, the publisher and editor of which is a member of the commission on governmental standards and conduct. Cited herein: L. 1991, ch. 150, section 2.
Author: Robert T. Stephan
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Upon recording of the viewers' report, survey and plat, a county road is regarded as established. By contrast, such a road is considered opened when the way is unenclosed and unobstructed; when it is minimally traveled; or when it is available or put in condition for public use. The 1879 non-user statute may have applicability to an established road which was not opened prior to the repeal of that statute. Mandamus does not lie to control a township board's exercise of discretion to open or to maintain a road in the absence of obstruction of duty, fraud, bad faith or gross impropriety. Neither the doctrine of abandonment nor of adverse possession generally has applicability to property established for use as a public road. The board of county commissioners are empowered to vacate any county or township road within their county by following statutory procedure. Cited herein: K.S.A. 68-102; 68-102a; 68-106; 68-115; 68-117; 68-124; K.S.A. 1990 Supp. 68-506; K.S.A. 68-518c; 68-526; 68-527; 68-527a; 68-530; 68-701; L. 1874, ch. 108, section 6; L. 1879, ch. 150, section 1.
Author: Robert T. Stephan
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K.A.R. 109-2-9 which permits the board to waive licensing requirements for ambulance services fails to set forth adequate standards to guide the board in exercising its discretion in granting licenses and is violative of due process. The regulation also is void because it permits the board to adopt binding policies affecting rights and obligations, without the formalities of publication under K.S.A. 77-415 e̲t̲ s̲e̲q̲. Cited herein: K.S.A. 1991 Supp. 65-6110; 77-415; K.A.R. 109-2-9.
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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Enforcement of the governmental ethics act against the employees of interstate agencies by criminal prosecution is not favored by the law. The terms of the interstate compact or agreement take precedence over the unilateral actions of any single member state. Cited Cited [sic] herein: K.S.A. 2-3101; 12-2514; 12-2524; K.S.A. 1990 Supp. 46-247; K.S.A. 46-215, e̲t̲ s̲e̲q̲.; 48-2001; 65-34a01; 72-6011; 79-4301; 82a-528; 82a-529; K.S.A. 1990 Supp. 74-8731; U.S. Const., Art. 1, section 10, cl. 3.
Author: Robert T. Stephan
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The legislature is authorized pursuant to article 4, section 3 of the Kansas constitution to prescribe the grounds and procedures for recall of elected public officials. The procedure set forth by the legislature obligates the county or district attorney to determine the sufficiency of the grounds asserted in a petition seeking the recall of a local officer. The county or district attorney does not determine whether the local officer should be subject to recall. Rather, the county or district attorney determines whether the grounds are set forth with sufficient particularity so as to permit the local officer an opportunity to prepare a statement in justification of the officer's conduct in office. Cited herein: K.S.A. 25-4301; K.S.A. 1990 Supp. 25-4302; K.S.A. 25-4312; K.S.A. 1990 Supp. 25-4320; K.S.A. 25-4326; 25-4329; 25-4331; Kan. Const., art. 4, section 3.
Author: Robert T. Stephan
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Kansas law does not currently prohibit licensed physicians from performing abortions and, under current court decisions, the state may not prohibit abortions at any stage when the woman's life or health is at risk. The state may suggest guidelines for determining, after viability, when the woman's health is at risk, but the decision in a particular case must be left to the woman's physician. The physician's decision would be reviewable by the courts. Cited herein: K.S.A. 21-3407, 65-443; 65-444; 65-445; K.S.A. 1990 Supp. 65-2837, as amended by L. 1991, ch. 192, section 3.
Author: Robert T. Stephan
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K.S.A. 72-977 is not unconstitutional as it does not mandate exceptional children to attend public schools. This compulsory attendance statute requires children attending public schools who have been determined to be exceptional children to attend special education services. To clarify this matter, K.S.A. 72-977 could be amended to provide, similar to K.S.A. 72-1111(a), that exceptional children attending private schools will be in compliance with the compulsory attendance requirements. Cited herein: K.S.A. 72-977; 72-1111; K.A.R. 1986 Supp. 91-12-39; 91-12-41; K.A.R. 91-12-49; K.A.R. 1986 Supp. 91-12-70.
