Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
In determining the assessment of real property under K.S.A. 79-417, the county clerk should seek assistance from the county appraiser. It is the date upon which the county clerk discovers that real property has been omitted from the assessment and tax rolls that determines upon which year's assessment and tax rolls the property is to be placed. If the discovery is made on or after November 1 and prior to January 1, the property is to be placed on the assessment and tax rolls of the next tax year. If the discovery is made on or after January 1 and prior to November 1, the property is to be placed on the assessment and tax rolls of the current tax year. Cited herein: K.S.A. 19-430, 19-432, 79-408, 79-417, 79-1412a, S̲e̲c̲o̲n̲d̲, E̲i̲g̲h̲t̲h̲, 79-1801, as amended by L. 1981, ch. 380, section 2, 79-1803, as amended by L. 1981, ch. 379, section 2, 79-1804, 79-2001, as amended by L. 1981, ch. 173, section 78, K.S.A. 1980 Supp. 79-2004.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
Charitable immunity, in contrast to governmental immunity, did not exist in the common law prior to the enactment of the Kansas. Constitution. As a result, a legislative grant of immunity to charitable organizations from suits arising out of the negligence of the organization in distributing free food would violate Section 18 of the Kansas Bill of Rights, which guarantees all persons who suffer injury a remedy by due course of law. Attorney General Opinion No. 80-187 is affirmed. Cited herein: K.S.A. 48-915, 48-936, 65-1127, 65-1462, 65-1652, 65-2891, 65-2898, Section 18, Kansas Bill of Rights.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
The increased penalty provisions of K.S.A. 21-4501 (as amended by L. 1982, ch. 137, section 1) and K.S.A. 21-4608, (as amended by L. 1982, ch. 150, section 1) do not apply to crimes committed before July 1, 1982 (the effective date of the amendments), but are applicable to sentencing for crimes committed after July 1, 1982. The term "conditional release," as used in K.S.A. 21-4608 (as amended), refers to release from incarceration, subject to rules and conditions imposed by the releasing authority, following imprisonment for the maximum term imposed, minus work and good behavior credits. Cited herein: K.S.A. 21-4501 (as amended by L. 1982, ch. 137, section 1), 21-4608 (as amended by L. 1982, ch. 150, section 1), 22-3718, U.S. Const., Art. I, section 9.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
The enactment of 1980 Senate Bill No. 657 would have rendered charitable organizations immune from negligence suits resulting from their distribution of free food which caused death or personal injury when consumed. The measure also would have granted similar immunity to the donors of such food, but in neither case would such immunity have extended to harm stemming from gross negligence, recklessness or intentional misconduct. Such grants of immunity are in violation of Section 18 of the Kansas Bill of Rights, which guarantees all persons who suffer injury a remedy by due course of law, and would therefore be unconstitutional if enacted. Cited herein: K.S.A. 84-2-314, 84-2-315, Sec. 18, Kansas Bill of Rights.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
There are no statutory obstacles to an election commissioner also holding the office of mayor of a city of the second class. Moreover, the common law doctrine of incompatibility of offices does not preclude such simultaneous incumbencies.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
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 Publisher: ISBN: Category : Languages : en Pages :
Book Description
The formula for apportioning revenue from a countywide retailers' sales tax, as prescribed by K.S.A. 1981 Supp. 12-192, may not be altered through the exercise of home rule powers by a city or county. The question of imposing a countywide retailers' sales tax, and the question of imposing a city retailers' sales tax, may be included on the same ballot, provided the ballot meets the segregation requirements imposed by K.S.A. 1981 Supp. 10-120. A city may not provide for the "automatic repeal" of a city retailers' sales tax upon the adoption of a countywide retailers' sales tax, since such a provision would be in obvious conflict with subsection (e) of K.S.A. 1981 Supp. 12-187. Once an election is called to submit the proposition of imposing a city retailers' tax to the voters, and notice of such election is published pursuant to K.S.A. 1981 Supp. 10-120, the election must proceed pursuant to the provisions of K.S.A. 1981 Supp. 12-187(e), and a city may not withdraw the proposition and abort the election process. Cited herein: K.S.A. 1981 Supp. 10-120, 12-187, 12-188, 12-192, 12-194, 12-195, K.S.A. 19-101a, Kan. Const., Art. 12, section 5.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
The common law doctrine of incompatibility of offices precludes one person from simultaneously holding the offices of city councilman and municipal judge in a city of the third class having a mayor-council form of government. Cited herein: K.S.A. 15-204, 15-209.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
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 Publisher: ISBN: Category : Languages : en Pages :
Book Description
For criminal conduct which the State has declared to constitute a felony, municipalities may not exercise concurrent jurisdiction by redefining such offense as a misdemeanor in violation of municipal ordinance. Cited herein: K.S.A. 21-3707, 21-3102, 21-3108, K.S.A. 1980 Supp. 12-4104, 22-2601.
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan
Author: Robert T. Stephan