Attorney General Opinion No. 1993-106 PDF Download
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Author: Robert T. Stephan
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K.S.A. 65-4173(d) does not prohibit use of money in the state special asset forfeiture fund to supplement drug enforcement agent salaries and fringe benefits when federal grant money is insufficient to cover previously budgeted amounts. However, money in the fund cannot be used to reduce established state appropriations for the agency's operating budget. Cited herein: K.S.A. 65-4173; 65-4175; L. 1988, ch. 258, sec. 6; L. 1990, ch. 232, sec. 3.
Author: Robert T. Stephan
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K.S.A. 65-4173(d) does not prohibit use of money in the state special asset forfeiture fund to supplement drug enforcement agent salaries and fringe benefits when federal grant money is insufficient to cover previously budgeted amounts. However, money in the fund cannot be used to reduce established state appropriations for the agency's operating budget. Cited herein: K.S.A. 65-4173; 65-4175; L. 1988, ch. 258, sec. 6; L. 1990, ch. 232, sec. 3.
Author: Robert T. Stephan
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As long as the assistant district attorney does not practice civil law when acting as a conservator, and his job as a conservator does not interfere with his ability to devote full time to his duties, he may continue in his role as a conservator. The support staff of the district attorney's office may be part of the public employer-employee relations act contracts, however, any memorandum of agreement which is entered into cannot preempt state law or the rights of the public employer listed in K.S.A. 75-4326. Cited herein: K.S.A. 22a-106; 59-3002; 75-3747; 75-4326; 75-4330.
Author: Robert T. Stephan
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It is our opinion that the offices of councilperson for a city of the second class and trustee for the city hospital are incompatible. The common law doctrine of incompatibility of offices precludes a person from concurrently serving in both offices. Cited herein: K.S.A. 14-109; 14-204; 14-205; 14-601; 14-604; 14-605; 14-606; K.S.A. 14-602 (Weeks 1935).
Author: Robert T. Stephan
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As used in K.S.A. 1991 Supp. 74-7301, personal injury means an injury affecting one's physical and mental person; an injury giving rise to a personal action at law. Cited herein: K.S.A. 1991 Supp. 74-7301.
Author: Robert T. Stephan
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Pursuant to the Kansas sentencing code neither court services officers nor community corrections officers have authority to unilaterally restrict the liberty of clients under their supervision. A statute which would purport to grant such authority to court services officers or community corrections officers without the benefit of a hearing would violate due process rights guaranteed under the fourteenth amendment to the United States constitution. Cited herein: K.S.A. 1992 Supp. 21-4602; 21-4603; 21-4610.
Author: Robert T. Stephan
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The restrained environment described herein satisfies the requirement of "imprisonment" as that term is used in the driving under the influence statute and the driving while suspended statute. Cited herein: K.S.A. 8-262, as amended by L. 1993, ch. 291, sec. 2; 8-1567, as amended by L. 1993, ch. 291, sec. 270; 21-3809, as amended by L. 1993, ch. 291, sec. 102.
Author: Robert T. Stephan
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The Supreme Court nominating commission is not subject to title 7 of the civil rights act of 1964, as amended, but is subject to the Americans with disabilities act and the Kansas act against discrimination. Cited herein: K.S.A. 20-124; 20-125; 20-132; 20-137; 20-138; 20-3004; 20-3007; K.S.A. 1992 Supp. 44-1002; 44-1006; 44-1009; Kan. Const., art. 3, sec. 5; 29 U.S.C.S. sec. 630; 42 U.S.C.S. sec. 2000e; 42 U.S.C.S. sec. 2000e-2; 42 U.S.C.S. secs. 12101, 12111, 12112.
Author: Robert T. Stephan
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A city of the first class utilizing a commission-manager form of government can use its home rule power to enact an ordinance establishing term limitations for its commissioners. Cited herein: K.S.A. 12-1001; 12-1003; 12-1005e, 12-1006; 12-1007; 12-1017; 13-1501; 13-1801; 13-1802; 13-1804; 13-1805; 13-1806; 13-1807; 13-1808; 13-1810; Kan. Const., art. 12, sec. 5.
Author: Robert T. Stephan
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K.S.A. 75-2566(b) requires each state agency to deposit with the state library copies of any publication issued by that state agency. In that the historical journal and the newsletter of the state historical society are printed and published by a private printer, for distribution to members of the Kansas State Historical Society, Inc., the journal and newsletter are not required to be deposited with the state library at the state historical society's expense. Cited herein: K.S.A. 1992 Supp. 75-1023; K.S.A. 75-2565; 75-2566; 75-2702.
Author: Robert T. Stephan
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As amended by chapter 282, section 5, the provisions of chapter 187, section 11 of the 1984 Session Laws prohibit the selling, giving or receiving of lists of names and addresses derived from public records, for the purpose of selling or offering for sale any property or service to the persons listed therein, subject to three exceptions. Section 6 of chapter 187, as amended by section 3 of chapter 282 of the 1984 Session Laws, further requires that any person who obtains a list of names and addresses certify that: (1) he or she will not use the information for the purpose of selling or offering for sale any property or services, and (2) will not give, sell or otherwise make available the list to another person so that the latter may sell or offer for sale any property or service. Accordingly, a person may not make commercial use of information derived from such lists, either directly or through the sale of the lists themselves. Cited herein: K.S.A. 1983 Supp. 21-3913; 45-201 (both repealed, L. 1984, ch. 187); 74-2012, as amended by L. 1984, ch. 282, section l; L. 1983, ch. 171, section 11, L. 1984, ch. 187, sections 6, 11; L. 1984, ch. 282, sections 3, 5.
