Attorney General Opinion No. 1992-143 PDF Download
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Author: Robert T. Stephan
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The appropriate board of county commissioners may designate any public or privately-owned vehicle as an emergency vehicle upon receipt of an application and finding that such designation "is necessary to the preservation of life or property or to the execution of emergency governmental functions." Publicly-owned vehicles not grandfathered in pursuant to L. 1992, ch. 141, section 4(b) must be designated as emergency vehicles before they may be operated with red lights and/or siren. Cited herein: K.S.A. 8-2010, as amended by L. 1992, ch. 141, section 4; K.S.A. 8-2010 (Furse 1991) L. 1992, ch. 141, sections 1, 2; K.A.R. 32-2-3; 32-2-4.
Author: Robert T. Stephan
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Languages : en
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The appropriate board of county commissioners may designate any public or privately-owned vehicle as an emergency vehicle upon receipt of an application and finding that such designation "is necessary to the preservation of life or property or to the execution of emergency governmental functions." Publicly-owned vehicles not grandfathered in pursuant to L. 1992, ch. 141, section 4(b) must be designated as emergency vehicles before they may be operated with red lights and/or siren. Cited herein: K.S.A. 8-2010, as amended by L. 1992, ch. 141, section 4; K.S.A. 8-2010 (Furse 1991) L. 1992, ch. 141, sections 1, 2; K.A.R. 32-2-3; 32-2-4.
Author: Robert T. Stephan
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Languages : en
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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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Languages : en
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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: Carla J. Stovall
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Languages : en
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Whether adjudicated under the juvenile offenders code or prosecuted as adults, juveniles may not be fingerprinted subsequent to disposition unless fingerprinting is specifically authorized by a judge of the district court having jurisdiction. Cited herein: K.S.A. 1994 Supp. 21-2501; 21-2511, as amended by 1995 S.B. 333, section 1; 21-3301; 21-3501; 21-3505; 21-3508; 22-4701; K.S.A. 22-4705; 38-1601; K.S.A. 1994 Supp. 38-1602, 38-1611; L. 1991, ch. 92, section 1; L. 1992, ch. 143, section 1; K.A.R. 10-19-9.
Author: Robert T. Stephan
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Languages : en
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Based on I̲n̲ ̲r̲e̲ ̲A̲p̲p̲l̲i̲c̲a̲t̲i̲o̲n̲ ̲o̲f̲ ̲N̲o̲e̲l̲ ̲f̲o̲r̲ ̲D̲i̲s̲c̲h̲a̲r̲g̲e̲ ̲H̲e̲a̲r̲i̲n̲g̲, 17 Kan. App. 2d 303 (1992), it is our opinion that K.S.A. 1991 Supp. 22-3428(3), as amended, and K.S.A. 1991 Supp. 22-3428a(3), which are used to determine the need for continued commitment of insanity acquittees, violate the due process and equal protection clauses of the 14th amendment by not placing the burden of proof upon the state to show by clear and convincing evidence both the committed person's continued insanity and dangerousness. However, rather than striking the statutes down, the Court of Appeals engrafted the essential requirements onto the statutes. Cited herein: K.S.A. 1991 Supp. 22-3428, as amended by L. 1992, ch. 309, section 3; 22-3428a.
Author: Robert T. Stephan
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Languages : en
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The use of the word "shall" in a statute which specifies a set number of meetings per year is directory not mandatory if that statute does not provide consequences for non-compliance. Members of the advisory commission on health and environment should be compensated with subsistence allowances, and reimbursement for mileage and other actual and necessary expenses for attending commission meetings. Cited herein: K.S.A. 75-3223; 75-5656.
Author: Robert T. Stephan
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Languages : en
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A resolution passed by the board of Crawford county commissioners prohibiting persons under the age of twenty-one from entering into establishments which sell intoxicating beverages is a valid exercise of the county's authority. Counties have authority to enact regulations concerning the moral, sanitary, and health conditions of licensed establishments. The board of county commissioners may use its inherent police power to impose the resolution in question since it is not in conflict with or pre-empted by the state law. Cited herein: K.S.A. 1992 Supp. 41-102, as amended by L. 1993, ch. 234, sec. 1; K.S.A. 41-208; K.S.A. 1992 Supp. 41-727; 41-2615, as amended by L. 1993, ch 173, sec. 3; 41-2704.
Author: Robert T. Stephan
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Languages : en
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The legislature has effectively placed a moratorium during that period running from the first Wednesday following the first Tuesday in December of even-numbered years to the Tuesday immediately preceding the first Wednesday in April of odd-numbered years on elections regarding a change in the method of election or voting plan for members of a board of education. Because Tuesday, April 6, 1993, falls within that period of time subject to the moratorium, no election regarding a change in the method of election or voting plan for members of a board of education may be conducted on April 6, 1992. The provisions of K.S.A. 72-8004 are mandatory. If, in order to meet federal requirements, proposed member districts cannot be drawn so as to comply with the conditions set forth in K.S.A. 72-8004, a change in the method of election or voting plan may not be made. Cited herein: K.S.A. 72-8001; 72-8004; 72-8005; 72-8008; 72-8009; 42 U.S.C. section 1971.
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.
Author: Robert T. Stephan
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As it appears no compelling governmental interest is served by the durational residence requirement set forth in K.S.A. 76-1908(b), the requirement results in a violation of the equal protection clause and is therefore unconstitutional. Cited herein: K.S.A. 76-1902b; 76-1908; L. 1889, ch. 235, section 11; U.S. Const., art. I, section 8; U.S. Const., art. IV, section 2; U.S. Const., Amend. XIV.
