Attorney General Opinion No. 1981-234 PDF Download
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Author: Robert T. Stephan
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K.S.A. 68-1107 places the duty on the county engineer to determine the size of culverts required for a particular location on a township road. Pursuant to this statute, such determination has the effect of assigning to either the township or county the duty of constructing, reconstructing, repairing and maintaining any such culvert. Absent a determination by the county engineer that an existing "county culvert" should be reconstructed to a reduced size, so as to constitute a "township culvert," the county may not so reconstruct such culvert and thereby shift to the township the duty of maintaining the reconstructed culvert. Cited herein: K.S.A. 68-1104, 68-1107.
Author: Robert T. Stephan
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K.S.A. 68-1107 places the duty on the county engineer to determine the size of culverts required for a particular location on a township road. Pursuant to this statute, such determination has the effect of assigning to either the township or county the duty of constructing, reconstructing, repairing and maintaining any such culvert. Absent a determination by the county engineer that an existing "county culvert" should be reconstructed to a reduced size, so as to constitute a "township culvert," the county may not so reconstruct such culvert and thereby shift to the township the duty of maintaining the reconstructed culvert. Cited herein: K.S.A. 68-1104, 68-1107.
Author: Robert T. Stephan
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Based upon the Kansas Supreme Court's differentiation of "permissible" and "impermissible" partial exemptions, and the declaration of public purpose provided in K.S.A. 1981 Supp. 12-1740, it cannot be concluded, as a matter of law, that the portion of K.S.A. 1981 Supp. 79-201a, S̲e̲c̲o̲n̲d̲, (as amended by L. 1982, ch. 389, section 1), which grants a partial exemption from taxation to property constructed or purchased in part with the proceeds of revenue bonds issued on or after July 1, 1981, under the authority of K.S.A. 12-1740 to 12-1749, inclusive, and amendments thereto, is prohibited by Article 11, Section 1, of the Kansas Constitution. Cited herein: K.S.A. 1981 Supp. 12-1740, 12-3418, 79-201a, as amended by L. 1982, ch. 389, section 1, 79-3120a (now repealed), L. 1982, ch. 63, section 9, Kan. Const., Art. 11, section 1.
Author: Robert T. Stephan
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Through the imposition of fines for unlawful conduct, K.S.A. 1980 Supp. 8-1901(d) imposes criminal liability. In addition, subsection (a) of that statute does not appear to violate the United States Constitution's Equal Protection Clause, although it only imposes liability upon a limited class of persons. Moreover, that subsection appears to convey a sufficiently definite warning as to the conduct proscribed therein, so as to avoid being unconstitutionally vague and uncertain. Cited herein: K.S.A. 1980 Supp. 8-1901, 8-1909, K.S.A. 8-2116, 8-2204, 21-3105, K.S.A. 1980 Supp. 21-4503, U.S. Const., Amend. XIV.
Author: Robert T. Stephan
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Neither the provisions of K.S.A. 1980 Supp. 19-1803, nor the common law doctrine of incompatibility of offices, precludes a person from concurrently serving on the board of trustees of a county hospital and on the board of education of a local school district. Cited herein: K.S.A. 1980 Supp. 19-1803.
Author: Robert T. Stephan
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To be consistent with requirements of the United States Constitution, the provisions of K.S.A. 72-5393 can, and must, be construed as neither requiring nor authorizing the provision of therapeutic psychological and speech and hearing services, at public expense and by public employees, on parochial school premises. Instead, said provisions must be construed as requiring that such services be provided at the "truly religiously neutral locations" specified in the statute, i.̲e̲.̲, in the public schools of the school district, in public centers, or in mobile units located off the parochial school premises. Cited herein: K.S.A. 72-5392, 73-5393, U.S. Const., Amend. I, XIV.
Author: Robert T. Stephan
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L. 1981, Ch. 156 section 2(g) does not require that an inmate convicted of a class A, B or C felony by reason of aiding, Abetting, advising or counseling another to commit a crime, or by reason of the principle provided for in subsection (2) of K.S.A. 21-3205, serve one-half of the minimum term of imprisonment imposed by the court. Rather, the law requires that the inmate serve one-half of the term of imprisonment which would be required had not the aiding, abetting, etc. come into play. Thus, on a class A felony conviction, parole eligibility would occur after seven and one-half years of confinement and on a class B or C felony conviction, parole eligibility would occur after service of one-half of the minimum sentence imposed less good time credits available. Cited herein: L. 1981, Ch. 156.
Author: Robert T. Stephan
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Section 2(a) of Ordinance No. 957 of the city of Osage City, which section requires, as a precondition to the location of a single wide mobile home within the city limits, the "consent of all ascertainable property owners within 300 feet of the property," constitutes an unlawful delegation of legislative power, and violates the due process clause of the Fourteenth Amendment to the Federal Constitution. Cited herein: K.S.A. 75-1218; U.S. Const., 14th Amend.
Author: Robert T. Stephan
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Pursuant to K.S.A. 9-1403, the designation of a specific "period of peak deposits" is permissible only where such period occurs at "tax paying time" or "tax distributing time." Cited herein: K.S.A. 1980 Supp. 9-1402, K.S.A. 9-1403, K.S.A. 1980 Supp. 12-1678a, and 1981 House Bill No. 2235.
Author: Robert T. Stephan
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A county election officer has no authority to determine the sufficiency of the question stated in the petition for elections but such officer may find a petition insufficient for failure to include an individual date line for each petitioner signing. Cited herein: K.S.A. 25-3601, K.S.A. 1980 Supp. 25-3602, Kan. Const., Art. 12, section 5.
Author: Robert T. Stephan
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The ownership by a township of a residence which is provided to the road supervisor is a public purpose, insofar as the supervisor also oversees the equipment, materials and supplies of the township that are kept on the premises, as well as maintaining the township hall. Accordingly, in the event that such residence is damaged or destroyed by fire, the township may issue general obligation bonds following an election approving same, with the proceeds used for repair or reconstruction. Cited herein: K.S.A. 1980 Supp. 80-104, K.S.A. 80-113.
