Attorney General Opinion No. 1981-243 PDF Download
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Author: Robert T. Stephan
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Neither K.S.A. 1980 Supp. 19-1815e, as amended by L. 1981, ch. 118, section 1, nor K.S.A. 1980 Supp. 19-1878 authorizes the issuance of bonds for the purpose of making additions or enlargements to an existing medical clinic operated in connection with a county hospital. However, pursuant to K.S.A. 19-15,114, a board of county commissioners may issue bonds for the making of an addition or enlargement to an existing medical clinic. Cited herein: K.S.A. 1980 Supp. 10-306, 10-307, 19-101a, K.S.A. 19-101b, K.S.A. 19-15,114, K.S.A. 1980 Supp. 19-15,116, 19-1801, 19-1815e (as amended by L. 1981; ch. 118, section 1), 19-1878, K.S.A. 19-18,117.
Author: Robert T. Stephan
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Neither K.S.A. 1980 Supp. 19-1815e, as amended by L. 1981, ch. 118, section 1, nor K.S.A. 1980 Supp. 19-1878 authorizes the issuance of bonds for the purpose of making additions or enlargements to an existing medical clinic operated in connection with a county hospital. However, pursuant to K.S.A. 19-15,114, a board of county commissioners may issue bonds for the making of an addition or enlargement to an existing medical clinic. Cited herein: K.S.A. 1980 Supp. 10-306, 10-307, 19-101a, K.S.A. 19-101b, K.S.A. 19-15,114, K.S.A. 1980 Supp. 19-15,116, 19-1801, 19-1815e (as amended by L. 1981; ch. 118, section 1), 19-1878, K.S.A. 19-18,117.
Author: Robert T. Stephan
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A child required by law to attend school who is inexcusably absent therefrom is a truant, as defined by K.S.A. 1979 Supp. 72-1113. Such child is subject to the exclusive jurisdiction of the district court, which may, pursuant to the Juvenile Code, K.S.A. 1979 Supp. 38-801 e̲t̲ s̲e̲q̲., issue such orders or make such dispositions as it deems necessary in order for the child to attend school. Accordingly, a school board's power to suspend or expel a child pursuant to K.S.A. 72-8901 does not extend to cases involving truancy. Cited herein: K.S.A. 1979 Supp. 38-802, 38-816, 38-817, 38-826, K.S.A. 72-1029, K.S.A. 1979 Supp. 72-1111, 72-1113, K.S.A. 72-8901, K.S.A. 1979 Supp. 72-8902, 72-8904.
Author: Robert T. Stephan
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K.S.A. 1980 Supp. 59-2922 establishes court costs of twenty-five dollars ($25) for services of the district court to be paid by the initiating county to the transferee county upon change of venue in applications for determination of mentally ill persons. Such fee is inclusive and does not authorize additional court costs in excess of such sum to be paid for services of the transferee court. Such sum is not, however, inclusive of all court costs which may be charged to the initiating county. Statutes cited herein: K.S.A. 43-171, K.S.A. 1980 Supp. 59-2922, 59-2934, K.S.A. 60-243, 60-2001, 60-2003.
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Pursuant to L. 1980, ch. 72, section 3, "personal liability" is imposed upon boards of public utilities and their employees in certain circumstances. Such imposition of "personal liability" does not violate constitutional requirements of equal protection and due process, and is not invalid or unenforceable on the ground of vagueness. Employees of a board of public utilities and board members are not entitled to be indemnified or defended against the personal liability imposed by L. 1980, ch. 72, section 3. Cited herein: K.S.A. 13-1220, K.S.A. 1979 Supp. 13-1221, 13-1223, 13-1227, 13-1228, 13-1258, K.S.A. 13-1271, K.S.A. 1979 Supp. 75-6101; L. 1980, ch. 72, sections 3, 7, 8, 14, 19, and 22; Kan. Const., Bill of Rights sections 1, 2; and U.S. Const., Fourteenth Amendment.
Author: Robert T. Stephan
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Public defenders are employees within the meaning of K.S.A. 1979 Supp. 75-6102, in the performance of professional services to their clients and are therefore, within the provisions of the Kansas Tort Claims Act and entitled to the indemnities, defenses and immunities contained therein. Cited herein: K.S.A. 22-4512, K.S.A. 1979 Supp. 22-4517, 22-4517a, 40-3401, 75-6101, 75-6102, 75-6103, 75-6104, 75-6105, 75-6108, 75-6109, 75-6111, 75-6115, United States Const., Sixth Amend., 18 U.S.C.A. 3006A (Supp. 1979).
Author: Robert T. Stephan
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The common law doctrine of incompatibility of offices does not preclude a county commissioner from concurrently being employed as a filter plant operator by the city water department of a city located within the county where the commissioner holds office. Cited herein: K.S.A. 1979 Supp. 19-205.
Author: Robert T. Stephan
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Leavenworth Developmental Services, Inc., a nonprofit corporation providing mental health services pursuant to K.S.A. 1979 Supp. 19-4007, is proscribed by that statute from denying service to any individual because of the latter's inability to pay for the same. However, the statute does allow such corporations to establish a schedule of charges for services for those who are financially able to pay. This schedule could allow persons unable to pay the entire cost to defer part of their bill until such time as they are able to pay. Past due accounts could be compromised or made the basis for legal proceedings, as long as service is not terminated as a means of collecting the amount due. Cited herein: K.S.A. 1979 Supp. 19-4004, 19-4007, 42 U.S.C.A. section 1397a(a)(5).
Author: Robert T. Stephan
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Even though the president of the United States may have authority to delegate powers and duties to the governor, the president has no constitutional power to compel the governor's acceptance of such delegation. Moreover, under our constitutional form of government, the governor has no inherent power separate and apart from our state's constitution, and the authority of the governor must be derived from the specific grants of power to the governor in the constitution and in the laws duly enacted by the legislature thereunder. Thus, as respects powers and duties delegated to the governor by the president, the governor's ability to accept such delegation is dependent upon the existence of specific constitutional or statutory provisions providing such authority, or upon such authority as is to be reasonably and necessarily implied therefrom. Cited herein: Kan. Const., Art. 1, sections 3, 7; 15 U.S.C.A. sections 751 e̲t̲ s̲e̲q̲., 42 U.S.C.A. sections 8501 e̲t̲ s̲e̲q̲.
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If a tax is levied under the authority of a statute and the tax has become due, the subsequent repeal of the statute does not preclude collection of the lawfully imposed tax. Cited herein: K.S.A. 77-201, S̲e̲c̲o̲n̲d̲.
Author: Robert T. Stephan
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Under the provisions of K.S.A. 1980 Supp. 22-4504 (as amended by L. 1981, ch. 157, sec. 1), the board of supervisors of panels to aid indigent defendants is empowered to adopt rules and regulations concerning the ability of a defendant in a criminal action to retain counsel to assist in his defense. Such rules and regulations specifically relate to the income, assets and anticipated costs of representation of a defendant. Pursuant to the 1981 amendment, such rules and regulations are controlling on any determination by a judge or magistrate as to whether a defendant is financially unable to employ counsel. Moreover, these rules and regulations are adopted in accordance with K.S.A. 77-415 e̲t̲ s̲e̲q̲., thus allowing the legislature to modify or reject them through the adoption of a concurrent resolution (K.S.A. 1980 Supp. 77-426). Insofar as the making of indigency determinations involves the resolution of questions of fact, which is a judicial and not a legislative function, control by the legislature over such determinations is an impermissible interference with the authority of another department of government. Accordingly, those provisions of L. 1981, ch. 157 which require the submission of such rules and regulations to the legislature and which make any rules and regulations so adopted binding on district courts are unconstitutional as violative of the separation of powers doctrine. Cited herein: K.S.A. 1980 Supp. 22-4501, 22-4504 (as amended by L. 1981, ch. 157, section 1), 22-4507, K.S.A. 22-4512, K.S.A. 1980 Supp. 22-4514, 77-415 (as amended by L. 1981, ch. 157, section 3), Kansas Constitution, Article 3, Section 1, United States Bill of Rights, Sixth Amendment, Fourteenth Amendment.
