Attorney General Opinion No. 1993-123 PDF Download
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Author: Robert T. Stephan
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The provisions of K.A.R. 54-1-17 requiring a local levy of at least 1/4 mill for support of a public library for a period of not less than two years before territory may be excluded from a regional system of cooperating libraries is a valid exercise of the state library advisory commission's authority. It is within the commission's discretion to determine when the requirement has been met. Cited herein: K.S.A. 75-2547; 75-2549; 75-2550; 75-2552; K.A.R. 54-1-17.
Author: Robert T. Stephan
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The provisions of K.A.R. 54-1-17 requiring a local levy of at least 1/4 mill for support of a public library for a period of not less than two years before territory may be excluded from a regional system of cooperating libraries is a valid exercise of the state library advisory commission's authority. It is within the commission's discretion to determine when the requirement has been met. Cited herein: K.S.A. 75-2547; 75-2549; 75-2550; 75-2552; K.A.R. 54-1-17.
Author: Robert T. Stephan
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Peacocks may be considered either domestic or wild animals for purposes of K.S.A. 47-122, depending on the circumstances, but are not considered livestock for purposes of K.S.A. 47-122a. An owner who allows his peacocks to run at large may be liable for damages resulting therefrom. Cited herein: K.S.A 47-122; 47-122a; 47-123.
Author: Robert T. Stephan
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Under cemetery corporation statutes, no moneys, other than income from the trust established pursuant to K.S.A. 17-1311, as amended by L. 1994, ch. 229, sec. 4, may be paid over to the cemetery corporation by the trustee, except upon written permission of the secretary of state. Income from the trust includes only those funds constituting a return earned on investment of the permanent maintenance fund. A cemetery corporation may not, without written permission of the secretary of state, be granted the use of donations, bequests, or funds in excess of statutory requirements deposited to the permanent maintenance fund. Cited herein: K.S.A. 17-1301; K.S.A. 1993 Supp. 17-1311, as amended by L. 1994, ch. 229, sec. 4; 17-1312, as amended by L. 1994, ch. 229, sec. 5; K.S.A. 17-1312a.
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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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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Article 15, section 15 of the Kansas constitution, the victims' rights amendment, does not exclude municipalities or municipal court proceedings from operation of its provisions. Cited herein: K.S.A. 74-7333; 74-7335; Kan. Const., art. 15, sec. 15.
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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The public purpose doctrine does not encompass the use of public funds to promote or advocate a governing body's position on a matter which is before the electorate. However, public funds may be expended to educate and inform regarding issues to be voted upon by the electorate.
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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The incident based reporting system code sheet is a public record that must be disclosed by law enforcement agencies upon request. Cited herein: K.S.A. 45-216; K.S.A. 1992 Supp. 45-217; K.S.A. 45-218; K.S.A. 1992 Supp. 45-221; 22-4701; K.S.A. 22-4707.
