Attorney General Opinion No. 1992-138 PDF Download
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Author: Robert T. Stephan
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Upon receipt of notice of a death from other than natural causes, a coroner is required to take charge of a dead body within a period of time which is reasonable under the circumstances. The type of notice and the time frame for notifying the coroner should also be reasonable under the circumstances. Since a search warrant may be the preferable course of action in some situations, coroners are counseled to seek the advice of the district or county attorney in specific cases. Cited herein: K.S.A. 22a-231, as amended by L. 1992, ch. 312, section 35; K.S.A. 1991 Supp. 22a-232.
Author: Robert T. Stephan
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Languages : en
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Upon receipt of notice of a death from other than natural causes, a coroner is required to take charge of a dead body within a period of time which is reasonable under the circumstances. The type of notice and the time frame for notifying the coroner should also be reasonable under the circumstances. Since a search warrant may be the preferable course of action in some situations, coroners are counseled to seek the advice of the district or county attorney in specific cases. Cited herein: K.S.A. 22a-231, as amended by L. 1992, ch. 312, section 35; K.S.A. 1991 Supp. 22a-232.
Author: Robert T. Stephan
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Under its police power, a state may reimburse itself for the cost of regulating and supervising a business by assessing the necessary expenses to the business which created the necessity for such regulation and supervision. Use of conservation fee fund monies for the prevention and cleanup of pollution from oil and gas activities regulated by the state corporation commission is sufficiently related to the regulatory function to make its use for such purposes a valid exercise of the police power. The conservation fee fund may be used to fund the study and cleanup of oil and gas pollution pursuant to section 37 of 1986 House Bill No. 3078 (K.S.A. 55-143, as amended by 1986, ch. 201, section 37), to the extent that such study and cleanup are reasonably related to those activities of the oil and gas industry which are regulated by the commission. Use of the conservation fee fund by the state corporation commission for those oil and gas activities it does not regulate (as authorized by K.S.A. 55-143, as amended by L. 1986, ch. 201, section 37, which references subsection (a)(2)(A)-of K.S.A. 65-171d, as amended by L. 1986, ch. 201. section 22), is contrary to the findings of the Kansas Supreme Court in P̲a̲n̲h̲a̲n̲d̲l̲e̲ ̲E̲a̲s̲t̲e̲r̲n̲ ̲P̲i̲p̲e̲l̲i̲n̲e̲ ̲v̲.̲ ̲F̲a̲d̲e̲l̲e̲y̲. Such use exacts revenue from the oil and gas industry under the guise of a regulatory fee in violation of article 11, section 1 of the Kansas Constitution, and the commerce clause and the Fourteenth Amendment of the United State Constitution. Cited herein: Kans. Const., Art. 11, section 1; U.S. Const., Fourteenth Amendment; K.S.A. 55-131; 55-143; 65-171d, as amended by L. 1986, ch. 33, section 10(f); L. 1986, ch. 201, sections 1, 2, 10, 17, 22, 28, 37, 39 and 40; and K.A.R. 28-41-1.
Author: Robert T. Stephan
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The provisions of the student publications act, L.1992, ch. 5, sections 1, 2, 3, are not applicable to community colleges. Cited herein: L. 1992, ch. 5, sections 1, 2, 3; U.S. Const., Amend. I.
Author: Robert T. Stephan
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K.S.A. 8-129(a) provides to persons required to register in this state a possible option as to the county in this state with which the person may register. It does not authorize registration of Kansas residents' vehicles in other states where they have places of business. Cited herein: K.S.A. 8-127; 8-129; 8-138a; 8-1,138.
Author: Robert T. Stephan
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There is no per se rule that requires police to transport a person to an alternative site for an independent test to detect the presence of alcohol or drugs; whether the person was afforded a reasonable opportunity to obtain an independent test pursuant to K.S.A. 8-1004 will depend upon the circumstances. Furthermore, the police are not obligated to transport to sites outside the city in the absence of a showing that testing facilities in the city are inadequate. Cited herein: K.S.A. 8-1004.
Author: Robert T. Stephan
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Larned State Hospital employees, who are indirectly appointed by and are under the control of the Secretary of Social and Rehabilitation Services, are considered to be employees of the Department of Social and Rehabilitation Services. Such employees are therefore subject to the provisions of K.S.A. 1984 Supp. 38-1523(c), which requires that suspected child abuse or neglect by persons employed by the Department of Social and Rehabilitation Services be investigated by the appropriate law enforcement agency rather than the department. Cited herein: K.S.A. 1984 Supp. 38-1523; K.S.A. 75-7308b; 76-12a01; 76-12a02; 76-12a05.
Author: Robert T. Stephan
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A trust company's powers do not include the authority to branch. Cited herein: K.S.A. 9-801; 9-901; 9-1111, as amended by L. 1992, ch. 61, section 1; 9-1801; 9-2103.
Author: Robert T. Stephan
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K.S.A. 12-1019 authorizes a petition seeking to bring to an election a question regarding a change in the form of government for a city. K.S.A. 1991 Supp. 25-3601, as amended by L. 1992, ch. 194, section 2, establishes in part the requirements for such petition. The amendment adopted in L. 1992, ch. 194, section 2 is merely procedural in nature, and therefore may be applied retrospectively to petitions being circulated prior to April 30, 1992, the effective date of the amendment. A petition drafted on March 31, 1992, should, prior to its circulation, be submitted to the county attorney for an opinion regarding the legality of the form of the question unless such retrospective application of the requirement results in a manifest injustice. Cited herein: K.S.A. 12-184; 12-1019; K.S.A. 1991 Supp. 25-3601, as amended by L. 1992, ch. 194, section 2; U.S. Const., art. 1, section 10.
Author: Robert T. Stephan
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Documents circulated by electors of the city of Cherryvale seeking to bring about a change in the form of city government and the number of wards in the city constitute two separate petitions. Each petition must be able to stand on its own in meeting the requirements for a sufficient petition. A recital of the circulator must be included in each petition. A question regarding abandonment of the commission form of government is to be submitted to the qualified electors of the city at the next city or state general or primary election following by not less than 60 days the certification of the petition. A petition requesting that the question be submitted at an election held at any other time is a nullity. Division of the city into wards is essentially an administrative function, and is not subject to initiative and referendum. A petition requesting a change in the number of wards of a city is therefore of no legal consequence. Cited herein: K.S.A. 12-184; 12-3013; 14-103; 14-1807; K.S.A. 1991 Supp. 25-3601, as amended by L. 1992, ch. 194, section 2; 25-3602, as amended by L. 1992, ch. 194, section 3.
Author: Robert T. Stephan
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The sheriff of the county where the action is filed is responsible for the service of process by certified mail. Attorney General Opinion No. 92-83 is accordingly revised. Cited herein: L. 1992, ch. 290.
