Attorney General Opinion No. 1998-012 PDF Download
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Author: Carla J. Stovall
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Languages : en
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The term "registered guest," as used in K.S.A. 1997 Supp. 41-2641(d)(1) of the Club and Drinking Establishment Act, means an individual who is registered as an overnight guest of the hotel. Cited herein: K.S.A. 36-501; K.S.A. 1997 Supp. 41-2601; 41-2637; 41-2641.
Author: Carla J. Stovall
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Languages : en
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The term "registered guest," as used in K.S.A. 1997 Supp. 41-2641(d)(1) of the Club and Drinking Establishment Act, means an individual who is registered as an overnight guest of the hotel. Cited herein: K.S.A. 36-501; K.S.A. 1997 Supp. 41-2601; 41-2637; 41-2641.
Author: Carla J. Stovall
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Languages : en
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There is no statutory discretion that would allow a court to suspend the mandatory minimum fine for a person who has violated K.S.A. 1998 Supp. 41-727, making it unlawful for a person under 21 to possess alcoholic liquor or cereal malt beverages. Cited herein: K.S.A. 1998 Supp. 8-1567; K.S.A. 21-3102; K.S.A. 1998 Supp. 21-4503a; 21-4603d; 38-1663; 41-727.
Author: Carla J. Stovall
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Languages : en
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The Act conferring the Kansas Development Finance Authority's discretion to determine the use of specified State and local tax revenues to pay bond debt service, project costs and to determine whether to approve remittances to taxing authorities includes sufficient policies and standards to guide the Authority's exercise of delegated power. Thus, the Act constitutionally delegates administrative, not legislative, power to the Authority to determine the use of State and local tax revenues deposited in the redevelopment bond fund to: (a) pay debt service on bonds issued pursuant to K.S.A. 2000 Supp. 74-8905(e), (b) pay any portion of such revenues directly to, or on the order of, a development to defray the costs of a "project of statewide as well as local importance" and (c) direct that any moneys not used for such purposes be remitted back to State and local taxing authorities. The specified State and local tax revenues at issue are collected, segregated, set aside, and may be used only for statutorily specified purposes, namely, for the payment of debt service on redevelopment bonds and project costs. However, once these revenues are remitted to the State Treasurer, he is mandated to credit them to the redevelopment bond fund established in the state treasury. As such, Article 2, section 24 of the Kansas Constitution requires legislative appropriation in order for the State Treasurer to disburse moneys from the redevelopment bond fund for payment of debt service on redevelopment bonds and costs of a project of statewide as well as local importance. An initial, no limit appropriation with a savings clause would be sufficient for this purpose. Cited herein: K.S.A. 2000 Supp. 12-187; 12-189; 74-8902; 74-8903; 74-8905; 74-8921; 74-8922; 74-8923; 74-8924; 74-8925; 79-8926; 74-8927; 74-8929; Kan. Const., Art. 1, section 2; Art. 2, section 24; L. 1987, ch. 57; L. 1998, ch. 199; L. 1999 ch. 158.
Author: Carla J. Stovall
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Languages : en
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Policy No. 50 of the Legislative Coordinating Council prohibiting the employment of Legislators' immediate family members by either house or any legislative staff agency is not facially violative of the Equal Protection Clause of the United States Constitution. Cited herein: K.S.A. 46-246a; 46-1202; 74-605; K.A.R. 19-40-4; U.S. Const., Amend. XIV.
Author: Robert T. Stephan
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Languages : en
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Pursuant to K.S.A. 79-503a and the holding in Garvey Grain, Inc. v. MacDonald, 203 Kan. 1 (1969), guidelines and schedules promulgated by the director of property valuation must reflect, where applicable, realistic market-place depreciation, including short and long-term physical deterioration or functional, economic or social obsolescence. Cited herein: K.S.A. 1991 Supp. 79-503a; K.S.A. 79-1439; K.S.A. 1991 Supp. 79-1476; K.S.A. 1968 Supp. 79-503 (repealed L. 1982, ch. 391, section 39).
Author: Carla J. Stovall
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Languages : en
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A regional library created pursuant to K.S.A. 12-1231 et seq. is a taxing subdivision for purposes of exempting itself from the tax lid law pursuant to K.S.A. 79-5036(c) and a political subdivision for purposes of having an employee benefits contribution fund established for it pursuant to K.S.A. 12-16,102. Cited herein: K.S.A. 12-1231; 12-1232; 12-1233; 12-1234; 12-16,102; 79-5021; 79-5036.
Author: Carla J. Stovall
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Languages : en
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The practice of medicine and surgery and the practice of chiropractic are licensed professions each with their own scope of practice as defined by statute. While manual manipulation as defined generally may include methods of practice authorized to one or the other profession or both, chiropractic manual manipulation as taught in accredited schools of chiropractic is not within the scope of practice of medicine and surgery as defined by K.S.A. 65-2869. Cited herein: K.S.A. 65-2869; 65-2871.
Author: Carla J. Stovall
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Languages : en
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The Kansas Dairy Commission is an "agency, authority, institution or other instrumentality" of the state for purposes of the Kansas Tort Claims Act. Commission members are considered employees of the Commission for purposes of the Kansas Tort Claims Act. Cited herein: K.S.A. 1998 Supp. 47-2302; 47-2303; 47-2304; K.S.A. 75-6101; 75-6102; 75-6103.
Author: Robert T. Stephan
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Languages : en
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The Board of Emergency Medical Services, as a regulatory agency, can exercise powers incidental to the granting and denying of licenses. It thus has the discretion to renew an otherwise void license under circumstances that warrant renewal. Cited herein: K.S.A. 1989 Supp. 65-6129; 65-6133; K.S.A. 77-501 e̲t̲ s̲e̲q̲.; 77-509; 77-523; 77-524.
Author: Robert T. Stephan
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Languages : en
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Section 7 of the Kansas Bill of Rights and the First Amendment to the United States Constitution guarantee free exercise of religion. Students do not shed these rights when they enter school grounds. Absent a compelling state interest, a student may not be prohibited from reading a Bible or other religious text during free reading periods or unstructured recesses. Cited herein: Kan. Const. Bill of Rights, section 7; U.S. Const., Amend. I.
