Attorney General Opinion No. 1990-037 PDF Download
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Author: Robert T. Stephan
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Languages : en
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Petition provisions set forth in K.S.A. 19-27a01 are sufficient to ensure valid petitions submitted in accordance with their terms. Compliance with other statutory enactments containing petition verification procedures is not necessary. Cited herein: K.S.A. 19-27a01; 19-27a03; 19-27a05; K.S.A. 1989 Supp. 25-3601; K.S.A. 25-3602.
Author: Robert T. Stephan
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Languages : en
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Petition provisions set forth in K.S.A. 19-27a01 are sufficient to ensure valid petitions submitted in accordance with their terms. Compliance with other statutory enactments containing petition verification procedures is not necessary. Cited herein: K.S.A. 19-27a01; 19-27a03; 19-27a05; K.S.A. 1989 Supp. 25-3601; K.S.A. 25-3602.
Author: Robert T. Stephan
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Languages : en
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The tax proposed in 1991 Senate Bill No. 26, section 8, is to be levied for the purpose of financing a portion of the costs of maintaining operations of a unified school district and for the purpose of paying a portion of the principal and interest on bonds issued by cities under authority of K.S.A. 1990 Supp. 12-1774. Diverting funds raised through the tax levy to the state board of education for deposit in the state general fund so that such funds may be appropriated by the legislature for allocation and distribution to school districts as general state aid under the provisions of the school district equalization act violates article 11, section 5, of the Kansas constitution. Cited herein: K.S.A. 1990 Supp. 12-1774; 72-7056; Kan. Cont., art. 11, section 5.
Author: Curt Thomas Schneider
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Languages : en
Pages : 4
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You inquire concerning ยงยง 15 and 16, ch. 350, L. 1974, amending K.S.A. 74-6102 and -6103, respectively.
Author: Robert T. Stephan
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Languages : en
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Memoranda written by school board staff and wherein opinions are expressed or policies and actions are proposed are not public records which must mandatorily be disclosed unless such memoranda are publicly cited or identified in an open meeting or in an agenda to an open meeting. Such citation or identification subjects the memoranda to mandatory disclosure, unless otherwise specifically prohibited by law. However, even if such citation or identification does not occur, unless information contained in the memoranda is specifically prohibited or restricted from disclosure by federal law, state statute or rule of the Kansas supreme court, it may nevertheless be discretionarily disclosed by the public agency. Cited herein: 20 U.S.C. section 1232g; K.S.A. 45-215; K.S.A. 1989 Supp. 45-221; K.S.A. 72-9005.
Author: Robert T. Stephan
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Languages : en
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Where there has been a violation of the common law rule cited in Attorney General Opinion No. 90-59, both resignations and reappointments should be considered a nullity. Cited herein: K.S.A. 1989 Supp. 13-1806.
Author: Robert T. Stephan
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Languages : en
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1990 House Concurrent Resolution No. 5061, subsection (a)(4), does not violate the uniform and equal provision of the Kansas Constitution or the equal protection clause of the United States Constitution. Cited herein: Kan. Const., Art. 11, section 1; 1990 H.C.R. No. 5061; U.S. Const., Amend. XIV.
Author: Robert T. Stephan
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Languages : en
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A surety is discharged from further obligation on a trial appearance bond when the criminal defendant's verdict is announced, unless by the terms of the agreement the parties to the bond intend that it apply to post-conviction release. A unilateral modification by the court may not extend the terms of the bond without the consent of the surety. Cited herein: K.S.A. 22-2202, 22-2801, 22-2802, 22-2804, 22-2807, 22-2808.
Author: Robert T. Stephan
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Languages : en
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Pursuant to K.S.A. 25-2303, the county election officer has the authority to appoint any qualified elector of the county to serve as deputy county election officer provided the county election officer determines that the qualified elector possesses similar character and trustworthiness as that commonly associated with those persons who are city clerks of any city or personnel of any public high school, public library, or public institution of higher education. The intent of the legislature as expressed in K.S.A. 25-2313 is to allow designation of fixed places to which persons may go to register to vote. The statute does not authorize registration of voters to be conducted door-to-door. Cited herein: K.S.A. 25-2303; 25-2310; K.S.A. 1991 Supp. 25-2311; K.S.A. 25-2312; 25-2313; K.A.R. 1991 Supp. 7-23-4.
Author: Robert T. Stephan
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Languages : en
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In legislation enacted as local economic regulation, classifications that are rationally related to a legitimate state interest do not offend the Equal Protection Clause of the Fourteenth Amendment. New section one of 1990 House Bill No. 2601 that distinguishes property located within corporate city limits from rural property does not offend the Equal Protection Clause. Cited herein: U.S. Const., Amend. XIV.
Author: Robert T. Stephan
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Languages : en
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The Behavioral Sciences Regulatory Board may delegate to its staff the task of issuing licenses to practice social work if there is no discretion involved in completing the ministerial task. If executive/legislative discretion must be applied, such delegation is proper when attended with adequate safeguards and standards to guide the exercise of discretion. If issuing or denying a license involves the exercise of discretion as it pertains to personal fitness, the determination of fitness may be delegated provided there is an avenue for relief through an appellate process. Cited herein: K.S.A. 1989 Supp. 65-6309; 65-6311; K.S.A. 77-421; K.A.R. 102-2-7.
