Attorney General Opinion No. 1991-126 PDF Download
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Author: Robert T. Stephan
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Settlements of tort claims against a state agency or its employees must be approved by the state finance council only if payment of the settlement is to be made from the tort claims fund. Finance council "approval" of a settlement not paid from the tort claims fund has no binding effect. Cited herein: K.S.A. 75-3711c; 75-6106; 75-6109; K.S.A. 1990 Supp. 75-6117, as amended by L. 1991, ch. 182, section 6.
Author: Robert T. Stephan
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Settlements of tort claims against a state agency or its employees must be approved by the state finance council only if payment of the settlement is to be made from the tort claims fund. Finance council "approval" of a settlement not paid from the tort claims fund has no binding effect. Cited herein: K.S.A. 75-3711c; 75-6106; 75-6109; K.S.A. 1990 Supp. 75-6117, as amended by L. 1991, ch. 182, section 6.
Author: Robert T. Stephan
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Non-profit commercial enterprises that meet the requirements of section 3 of the enterprise zone act are eligible for the sales tax exemption provided by K.S.A. 1991 Supp. 79-3606(ee), as amended. Cited herein: K.S.A. 2-2602; 2-3001; 12-17,108 (repealed, L. 1992, ch. 202, section 15); K.S.A. 1991 Supp. 32-964, as amended by L. 1992, ch. 292, section 1; 74-8103, as amended by L. 1992, ch. 221, section 3; 79-3271; K.S.A. 79-32,153; 79-34,108, as amended by L. 1992, ch. 106, section 30; K.S.A. 1991 Supp. 79-3606, as amended by L. 1992, ch. 202, section 13; K.S.A. 79-4301, Art. IV; L. 1992, ch. 202, sections 2, 3.
Author: Robert T. Stephan
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Medical costs incurred by an indigent offender before or at the time of arrest are to be borne by the county if the offender is subsequently charged with a violation of state law.
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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Languages : en
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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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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 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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Because the 1986 repeal of the prohibition of diversion for drivers having a blood-alcohol concentration of .20 or higher is remedial legislation, it is to be given retrospective effect. In determining whether diversion is in the interests of justice and the community, the factors to be considered by the city prosecutor are not affected by L. 1986, ch. 185, section 1. Cited herein: K.S.A. 12-4414; K.S.A. 1985 Supp. 12-4415(b)(3), as amended by L. 1986, ch. 185, section 1.
Author: Robert T. Stephan
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A city is only required to make available to the public those records that it makes, maintains, keeps or possesses. A city is not required to prepare a report or conduct an investigation in response to a request for information. A city may charge reasonable fees for providing access to or furnishing copies of public records pursuant to K.S.A. 45-219. Cited herein: K.S.A. 45-216; K.S.A. 1992 Supp. 45-217; K.S.A. 45-219; K.S.A. 45-220.
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.
