Attorney General Opinion No. 1987-038 PDF Download
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Author: Robert T. Stephan
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The constitutional provision permitting a state owned and operated lottery would allow the state to advance and market any game or combination of games as long as there is consideration, chance and a prize involved in each game. Cited Herein: Kan. Const., Art. 5, section 3C; L. 1986, ch. 414.
Author: Robert T. Stephan
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Languages : en
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The constitutional provision permitting a state owned and operated lottery would allow the state to advance and market any game or combination of games as long as there is consideration, chance and a prize involved in each game. Cited Herein: Kan. Const., Art. 5, section 3C; L. 1986, ch. 414.
Author: Robert T. Stephan
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Persons elected to judge of the district court in November 1986 due to a vacancy in office were elected to a four year term to expire January 1991. Cited herein: K.S.A. 1987 Supp. 20-301a; 25-312a; K.S.A. 25-313; 25-314; 25-3904; 25-3906; L. 1985, ch. 119, section 1; L. 1976, ch. 145, section 138; Kan. Const., Art. 3, section 6.
Author: Robert T. Stephan
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K.S.A. 75-4318 provides a two-part test that must be met before a body can be found to be included under the Kansas Open Meetings Act: (1) the body is either a legislative or administrative agency of the state or one of its political or taxing subdivisions or subordinate to such a body; and (2) the body receives, expends or is supported in whole or in part by public funds, or, in the case of subordinate groups, has a parent or controlling body which is so supported. Members of the board of trustees of the Sedan City Hospital are appointed by the Sedan City Council. Therefore, the board of trustees is a "subordinate group" of a legislative body which receives and expends public funds. Since both parts of the test are met, the board of trustees of the Sedan City Hospital is subject to the KOMA. Cited herein: K.S.A. 1985 Supp. 12-1615; K.S.A. 75-4317; K.S.A. 1985 Supp. 75-4318.
Author: Robert T. Stephan
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Under the United States Supreme Court decision in H̲a̲z̲e̲l̲w̲o̲o̲d̲ ̲S̲c̲h̲o̲o̲l̲ ̲D̲i̲s̲t̲r̲i̲c̲t̲ ̲v̲.̲ ̲K̲u̲h̲l̲m̲e̲i̲e̲̲r̲, local public school officials and administrators may exercise reasonable control over activities sponsored by a public school such as publications, theatrical productions and other expressive activities so long as the educators' actions are reasonably related to legitimate pedagogical concerns and there is no intent to create a public forum. Also, Section 11 of the Kansas Bill of Rights does not provide an absolute right to freedom of speech and expression. Students in private, accredited schools are subject to reasonable school regulations. The H̲a̲z̲e̲l̲w̲o̲o̲d̲ decision applies to public schools on its facts, and does not apply to non-public schools. Cited herein: Kans. Const., B. of R., section 11; U.S. Const., Amend. I, XIV.
Author: Robert T. Stephan
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For purposes of the uniform consumer credit code, the residence of military personnel is the address listed as the person's residence in any signed writing in connection with the consumer transaction. If the individual's residence is called into question, it must be determined on a case-by-case basis taking many factors into consideration in an attempt to ascertain the individual's intended residence. Cited herein: K.S.A. 16a-1-201; K.S.A. 77-201.
Author: Robert T. Stephan
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In that minors are protected by the United States Constitution and possess constitutional rights, absolute prohibitions on family planning (contraceptive) services for minors are unconstitutional. However, because activities of minors may constitutionally be regulated more strictly than those of adults, reasonable parental consultation restrictions, such as notice, may be placed on a minor's decision of whether or not to use contraceptive devices. Mandatory parental consent requirements for all contraceptive services to minors are unconstitutional. Cited herein: K.S.A. 23-501; 38-101; 38-123; 38-123b; K.S.A. 1986 Supp. 65-2891; K.S.A. 65-2892; 65-2892a.
Author: Robert T. Stephan
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Under the Kansas Open Records Act (KORA), K.S.A. 45-215 e̲t̲ s̲e̲q̲., a record which is made, maintained, kept by, or in the possession of a public agency must be open for inspection by any person unless it falls within one of the categories of records which is not required to be disclosed or disclosure of which is specifically prohibited by statute. K.S.A. 45-217(f)(1); 45-221(a). Records compiled in the process of preventing, detecting or investigating violations of criminal law are not subject to mandatory disclosure. K.S.A. 45-221(a)(10). A "jail book" which lists persons who are placed in jail and contains information of a general nature is not a criminal investigation record and thus must be open for public inspection. The front page of the standard offense report is also subject to disclosure. Mug shots, however, are criminal investigation records which may be closed to the public. Cited herein: K.S.A. 19-1904; K.S.A. 1986 Supp. 22-4701; K.S.A. 38-1601; 38-1608; 45-215; 45-217; 45-221.
Author: Curt Thomas Schneider
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Ordinance Nos. 13793 and 13971, providing for the payment of defense costs and for the satisfaction of civil judgments entered against city police officers arising out of false arrests by such officers while acting within the scope of such officers' duty, and providing for the payment of defense costs and for the satisfaction of civil judgments entered against certain other city officers arising out of errors or omissions committed by such members while acting within the scope of their authority, both conform fully to settled principles of the law of municipal corporations, and the use of municipal funds to pay such costs and judgments does not constitute a diversion of public funds to private purposes.
Author: Robert T. Stephan
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If a veteran satisfies the requirements set forth in the Veterans' Reemployment Rights Statute (38 U.S.C. section 2021 e̲t̲ s̲e̲q̲.) for establishing his or her right to be rehired, an employer is required to reemploy the veteran to the same or a similar position as that which the veteran held before service in the military, with all the rights and benefits that have accrued. Cited herein: 38 U.S.C. sections 2021 (a) (A) (B) ; 2021(b)(1); 2024(a).
Author: Curt Thomas Schneider
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Legislation may be passed prior to the issuance of municipal bonds to give authority to statutory bonded indebtedness limitations which at the time certain bonds were approved by the voters did not exist.
