Attorney General Opinion No. 1994-106 PDF Download
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Author: Robert T. Stephan
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An advisory election may be conducted on the date of a primary or general election, provided the polling places for the advisory election are not within 250 feet of the entrance of polling places for a primary or general election. Conduct of an advisory election within 250 feet of polling places for a primary or general election continues to constitute disorderly election conduct unless the advisory election is called pursuant to specific authorization by law or pursuant to the exercise of home rule powers, and unless the county election officer will conduct the advisory election. Election judges and clerks appointed pursuant to K.S.A. 25-2801 may not distribute, collect, or count ballots for an advisory election. Cited herein: K.S.A. 19-3419; 19-3422; 25-2413; 25-2504; 25-2801; 25-2906; L. 1985, ch. 118, sec. 11; Kan. Const., art. 12, sec. 5.
Author: Robert T. Stephan
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An advisory election may be conducted on the date of a primary or general election, provided the polling places for the advisory election are not within 250 feet of the entrance of polling places for a primary or general election. Conduct of an advisory election within 250 feet of polling places for a primary or general election continues to constitute disorderly election conduct unless the advisory election is called pursuant to specific authorization by law or pursuant to the exercise of home rule powers, and unless the county election officer will conduct the advisory election. Election judges and clerks appointed pursuant to K.S.A. 25-2801 may not distribute, collect, or count ballots for an advisory election. Cited herein: K.S.A. 19-3419; 19-3422; 25-2413; 25-2504; 25-2801; 25-2906; L. 1985, ch. 118, sec. 11; Kan. Const., art. 12, sec. 5.
Author: Robert T. Stephan
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When a governor's proclamation is issued changing the classification of a city of the third class to a city of the second class, any charter ordinances that had previously exempted the city from statutes pertaining to cities of the third class are ineffective by operation of law and the statutes found in chapter 14 pertaining to cities of the second class apply unless the newly established city of the second class properly exempts itself from the operation of those statutes by charter ordinance. Cited herein: K.S.A. 14-101; 14-111; 15-106; Kan. Const., art. 12, sec. 5.
Author: Robert T. Stephan
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Attorney's fees are recoverable in a class action lawsuit under two exceptions to the American no fee rule: one involving a party who has acted in bad faith and the other involving a benefit created by counsel for the benefit of the class. Retaliatory termination of water service by a rural water district may subject the district to a civil rights action under 42 U.S.C. sec. 1983. Cited herein: K.S.A. 12-631k; 60-223; U.S. Const., Amendments IV, V, XIV.
Author: Robert T. Stephan
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Generally, criminal history record information is not open to the public and disclosure is restricted by statute. However, persons may request conviction records on individuals from a criminal justice agency, and the agency may discretionarily disclose the requested records. Cited herein: K.S.A. 1993 Supp. 22-4701; K.S.A. 22-4705; 22-4707; K.A.R. 1992 Supp. 10-11-1; 10-12-1; 10-12-2.
Author: Robert T. Stephan
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New subsection (b) of K.S.A. 79-2005 as amended by L. 1994, ch. 275, sec. 3 may not be applied retroactively in cases where substantive rights would be prejudicially affected. Cited herein: K.S.A. 45-310; 45-311; K.S.A. 1993 Supp. 79-1448; K.S.A. 79-2005, as amended by L. 1994, ch. 275, sec. 3.
Author: Robert T. Stephan
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Use of a blue devil as a mascot by a unified school district does not violate the establishment clause of the first amendment of the United States constitution. Cited herein: U.S. Const., amend. I; U.S. Const., amend. XIV.
Author: Robert T. Stephan
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Absent evidence that a newspaper acted with the specific intent to interfere with the employment or business of a person who may be subject to a sexually violent predator civil commitment proceeding, K.S.A. 21-4006 does not prohibit publication of such person's name and address. Cited herein: K.S.A. 21-4006; L. 1994, ch. 316, sec. 3; L. 1994, ch. 316, sec. 4.
Author: Robert T. Stephan
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The United States constitution has delegated to congress the power to determine the qualifications of its own members and to expel its members when necessary. Because this is a power reserved for the individual houses of congress, the tenth amendment of the United States constitution does not reserve to the states the authority to remove members of congress from office. K.S.A. 25-4301 et seq. are not applicable to members of congress. Cited herein: K.S.A. 25-4301; 25-4304; U.S. Const., art. 1, sec. 5, amend. 10.
Author: Robert T. Stephan
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1993 house bill no. 2070 amended the water transfer act, specifically K.S.A. 82a-1504(c), eliminating the legislative oversight of water transfers. The amendment contained procedural changes that are applied retroactively unless the legislature indicates otherwise. Thus the legislative review requirement in the former statute, K.S.A. 82a-1504(c) (Ensley 1989), does not apply to a water transfer in litigation during the amendment of the statute wherein the legislative oversight provision was eliminated. Cited herein: K.S.A. 65-4801; 82a-701; 82a-1504 (Ensley 1989); K.S.A. 1993 Supp. 82a-1504; K.S.A. 82a-5801.
Author: Robert T. Stephan
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Rate making is a legislative function which necessarily implies a range of legislative discretion. Within this discretion lies the authority to prescribe specific conditions in a rate order such as the conditions found in 1994 House Bill No. 3039. Cited herein: K.S.A. 66-101b; 66-104; 66-128b; 66-1,189; 66-1,191; 66-1,192, as amended by L. 1994, H.B. No. 2665; 66-1,194; 1994 H.B. No. 3039; Kan. Const., art. 2, sec. 1; U.S. Const., amend. IV.
