Attorney General Opinion No. 1980-199

Attorney General Opinion No. 1980-199
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Book Synopsis Attorney General Opinion No. 1980-199 by : Robert T. Stephan

Download or read book Attorney General Opinion No. 1980-199 written by Robert T. Stephan and published by . This book was released on 1980 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Prior to its amendment in 1974, Article 2, Section 17 of the Kansas Constitution required that in all cases where a general law could be made applicable, no special law could be enacted. This required the legislature to engage in the practice of enacting measures which, while not referring to any unit of local government by name, were so drafted as to be applicable only to them. This practice was condoned by the Supreme Court, even though the "general" nature of the law was in fact a legal fiction. However, following the revision of Section 17, it only remains that laws of a general nature be uniform across the state. As laws applicable to only a few local governmental units are not general, they are therefore outside the scope of Article 2, Section 17 as it now reads, and cannot be voided merely because they are non-uniform in their application. Cited herein: K.S.A. 19-101, K.S.A. 1979 Supp. 19-101a, K.S.A. 19-2657, 19-2882, K.S.A. 27-327, Kan. Const., Art. 2, Sec. 17, Art. 12, Sec. 5.


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