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Author: Robert T. Stephan
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A board of county commissioners-may use the trade-in procedure when disposing of property which does not exceed $50,000 in value. Cited herein: K.S.A. 1991 Supp. 19-101a, as amended by L. 1992, ch. 133, section 13; K.S.A. 19-101c; K.S.A. 1991 Supp. 19-211; K.S.A. 19-212; L. 1987, ch. 96, section 1.
Author: Robert T. Stephan
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A board of county commissioners-may use the trade-in procedure when disposing of property which does not exceed $50,000 in value. Cited herein: K.S.A. 1991 Supp. 19-101a, as amended by L. 1992, ch. 133, section 13; K.S.A. 19-101c; K.S.A. 1991 Supp. 19-211; K.S.A. 19-212; L. 1987, ch. 96, section 1.
Author: Robert T. Stephan
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Since the language of the statutes do not allow for an increase in the allowable fees for private process servers and because the county's home rule powers (K.S.A. 19-101) would not be applicable in this instance, it is this office's opinion that the county cannot compensate private process servers in an amount in excess of that which is set out in K.S.A. 1991 Supp. 28-110. Cited herein: K.S.A. 1991 Supp. 28-110; 60-303(3).
Author: Robert T. Stephan
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The provisions of the student publications act, L.1992, ch. 5, sections 1, 2, 3, are not applicable to community colleges. Cited herein: L. 1992, ch. 5, sections 1, 2, 3; U.S. Const., Amend. I.
Author: Robert T. Stephan
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Based on I̲n̲ ̲r̲e̲ ̲A̲p̲p̲l̲i̲c̲a̲t̲i̲o̲n̲ ̲o̲f̲ ̲N̲o̲e̲l̲ ̲f̲o̲r̲ ̲D̲i̲s̲c̲h̲a̲r̲g̲e̲ ̲H̲e̲a̲r̲i̲n̲g̲, 17 Kan. App. 2d 303 (1992), it is our opinion that K.S.A. 1991 Supp. 22-3428(3), as amended, and K.S.A. 1991 Supp. 22-3428a(3), which are used to determine the need for continued commitment of insanity acquittees, violate the due process and equal protection clauses of the 14th amendment by not placing the burden of proof upon the state to show by clear and convincing evidence both the committed person's continued insanity and dangerousness. However, rather than striking the statutes down, the Court of Appeals engrafted the essential requirements onto the statutes. Cited herein: K.S.A. 1991 Supp. 22-3428, as amended by L. 1992, ch. 309, section 3; 22-3428a.
Author: Robert T. Stephan
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The sheriff of the county where the action is filed is responsible for the service of process by certified mail. Attorney General Opinion No. 92-83 is accordingly revised. Cited herein: L. 1992, ch. 290.
Author: Robert T. Stephan
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The legislature has effectively placed a moratorium during that period running from the first Wednesday following the first Tuesday in December of even-numbered years to the Tuesday immediately preceding the first Wednesday in April of odd-numbered years on elections regarding a change in the method of election or voting plan for members of a board of education. Because Tuesday, April 6, 1993, falls within that period of time subject to the moratorium, no election regarding a change in the method of election or voting plan for members of a board of education may be conducted on April 6, 1992. The provisions of K.S.A. 72-8004 are mandatory. If, in order to meet federal requirements, proposed member districts cannot be drawn so as to comply with the conditions set forth in K.S.A. 72-8004, a change in the method of election or voting plan may not be made. Cited herein: K.S.A. 72-8001; 72-8004; 72-8005; 72-8008; 72-8009; 42 U.S.C. section 1971.
Author: Robert T. Stephan
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A trust company's powers do not include the authority to branch. Cited herein: K.S.A. 9-801; 9-901; 9-1111, as amended by L. 1992, ch. 61, section 1; 9-1801; 9-2103.
Author: Robert T. Stephan
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K.S.A. 12-1019 authorizes a petition seeking to bring to an election a question regarding a change in the form of government for a city. K.S.A. 1991 Supp. 25-3601, as amended by L. 1992, ch. 194, section 2, establishes in part the requirements for such petition. The amendment adopted in L. 1992, ch. 194, section 2 is merely procedural in nature, and therefore may be applied retrospectively to petitions being circulated prior to April 30, 1992, the effective date of the amendment. A petition drafted on March 31, 1992, should, prior to its circulation, be submitted to the county attorney for an opinion regarding the legality of the form of the question unless such retrospective application of the requirement results in a manifest injustice. Cited herein: K.S.A. 12-184; 12-1019; K.S.A. 1991 Supp. 25-3601, as amended by L. 1992, ch. 194, section 2; U.S. Const., art. 1, section 10.
Author: Robert T. Stephan
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The use of the word "shall" in a statute which specifies a set number of meetings per year is directory not mandatory if that statute does not provide consequences for non-compliance. Members of the advisory commission on health and environment should be compensated with subsistence allowances, and reimbursement for mileage and other actual and necessary expenses for attending commission meetings. Cited herein: K.S.A. 75-3223; 75-5656.
Author: Robert T. Stephan
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An attempt by a board of education and a professional employees' organization to ratify amendments to the contracts of employment of professional employees without submitting the amendments to a vote of the professional employees pursuant to K.S.A. 72-5421 would conflict with the purposes of professional negotiation recognized by the legislature. Any provisions of an agreement conferring such authority upon a board of education and a professional employees' organization would be void and unenforceable. Cited herein: K.S.A. 72-5411, as amended by L. 1992, ch. 20, section 1; K.S.A. 1991 Supp. 72-5412; 72-5413; K.S.A. 72-5414; 72-5421; K.S.A. 1991 Supp. 72-5423; K.S.A. 72-5424; 72-5437, as amended by L. 1992, ch. 20, section 2.
