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Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
K.S.A. 1985 Supp. 12-1908(b) provides that a school district may levy a tax to meet the needs of its recreation commission, not to exceed one mill, which is in addition to the one mill authorized by K.S.A. 12-1904 and amendments thereto. K.S.A. 1985 Supp. 12-1908(e), however, imposes the limitation that before a tax levying authority makes such additional levy, the school district shall adopt a resolution authorizing the making of the levy. Once the resolution is published, the tax levy may be made without an election unless a petition in opposition thereto is filed in accordance with the statute. If a valid petition is filed in opposition to the proposed tax levy increase, the county clerk may not certify the school district budget with the mill increase figured in unless and until a majority of all electors voting have approved the proposed mill levy increase at a regular or special election. A special election may be called after the August 25 certification deadline to determine the voters' will, as this deadline is merely directory, not mandatory. As soon as the election results are determined, the school district shall submit its proposed budget, either with or without the mill increase figured in, to the county clerk for certification. Cited herein: K.S.A. 12-1904, as amended by L. 1986, ch. 80, section 2; K.S.A. 1985 Supp. 12-1908, as amended by L. 1986, ch. 80, section 4; K.S.A. 79-1801; 79-2930.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
K.S.A. 1985 Supp. 12-1908(b) provides that a school district may levy a tax to meet the needs of its recreation commission, not to exceed one mill, which is in addition to the one mill authorized by K.S.A. 12-1904 and amendments thereto. K.S.A. 1985 Supp. 12-1908(e), however, imposes the limitation that before a tax levying authority makes such additional levy, the school district shall adopt a resolution authorizing the making of the levy. Once the resolution is published, the tax levy may be made without an election unless a petition in opposition thereto is filed in accordance with the statute. If a valid petition is filed in opposition to the proposed tax levy increase, the county clerk may not certify the school district budget with the mill increase figured in unless and until a majority of all electors voting have approved the proposed mill levy increase at a regular or special election. A special election may be called after the August 25 certification deadline to determine the voters' will, as this deadline is merely directory, not mandatory. As soon as the election results are determined, the school district shall submit its proposed budget, either with or without the mill increase figured in, to the county clerk for certification. Cited herein: K.S.A. 12-1904, as amended by L. 1986, ch. 80, section 2; K.S.A. 1985 Supp. 12-1908, as amended by L. 1986, ch. 80, section 4; K.S.A. 79-1801; 79-2930.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
An instrument by which the purchaser of real property under an executory contract grants a lien on his equitable interest in the property, is a "mortgage of real property" for purposes of K.S.A. 79-3101 e̲t̲ s̲e̲q̲. If such an instrument gives notice of the existence of the unrecorded executory contract through which the purchaser obtained his interest in the real property, mortgage registration fees must be collected on the instrument itself a̲n̲d̲ on the executory contract to which it refers. Cited herein: K.S.A. 79-3101; K.S.A. 1986 Supp. 79-3102.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
Under the provisions of K.S.A. 1984 Supp. 22-2908 (as amended by L. 1985, ch. 48, section 16) and K.S.A. 12-4415 (as amended by L. 1985, ch. 48, section 11), a county attorney or city attorney is not prohibited from entering into a diversion agreement in lieu of further criminal proceedings if a defendant (charged with an alcohol related offense) has been convicted of or pleaded n̲o̲l̲o̲ c̲o̲n̲t̲e̲n̲d̲e̲r̲e̲ to a violation of an alcohol related offense in a state other than Kansas. However, a previous conviction in another state must be considered in determining whether diversion of a defendant is in the interest of justice. Cited herein: K.S.A. 1984 Supp. 8-1567 (as amended by L. 1985, ch. 50, section 5), K.S.A. 12-4415 (as amended by L. 1985, ch. 48, section 11), K.S.A. 1984 Supp. 22-2908 (as amended by L. 1985, ch. 48, section 16); L. 1983, ch. 37, section 2.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
A county agricultural or fair association is organized in accordance with K.S.A. 2-125 e̲t̲ s̲e̲q̲., and recognized by the State Board of Agriculture pursuant to K.S.A. 2-127. Since the Shawnee County 4-H Fair and the Auburn Grange Fair do not meet these requirements, these organizations do not qualify as "any county agricultural or fair association" within the provisions of K.S.A. 2-301. For these reasons, Shawnee County may not levy a tax pursuant to K.S.A. 2-301 to provide funds for the Shawnee County 4-H Fair or the Auburn Grange Fair. Cited herein: K.S.A. 2-125; 2-127; 2-301; 19-223; 19-2913.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
An appointed non-lawyer member may not continue membership on the judicial nominating committee once that member has been granted a temporary permit to practice law. Cited herein: K.S.A. 20-119; 20-120, 20-123; 20-124; 20-125; 20-127; Supreme Court Rule 705.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
K.S.A. 1985 Supp. 21-4602, as amended by L. 1986, ch. 123, provides that the court retains jurisdiction over a person assigned to community corrections. Cited herein: K.S.A. 1985 Supp. 21-4602, as amended by L. 1986, ch. 123, section 5.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
A bank may, for purposes of securing deposits of public funds, pledge revenue bonds issued by a quasi-municipal corporation, provided that approval is given by the state bank commissioner. An exception is made in the case of bonds secured by revenues of a utility which has been in operation less than three years, with the use of such bonds not permitted for pledging purposes. K.S.A. 9-1402(e)(1). Pursuant to a rule and regulation of the bank commissioner (K.A.R. 17-14-1), the term "utility" is defined using the definition found at K.S.A. 1983 Supp. 10-1201, which includes publicly-owned facilities of a revenue-producing character which supply water. In that a rural water district organized pursuant to K.S.A. 82a-612 e̲t̲ s̲e̲q̲., is a quasi-municipal corporation which operates publicly-owned water supply facilities and may issue revenue bonds therefor, K.S.A. 9-1402(e) is applicable to those districts whose systems have not been in operation for three years. Cited herein: K.S.A. 9-1402, 10-101, K.S.A. 1983 Supp. 10-1201, K.S.A. 82a-616, K.S.A. 1983 Supp. 82a-619, 82a-625, K.A.R. 17-14-1.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
The Kansas Open Records Act, K.S.A. 1984 Supp. 45-215 e̲t̲ s̲e̲q̲., does not require that a city employee disclose names and addresses derived from city records to a person who the employee knows intends to use such names and addresses for a commercial purpose. Such disclosure is specifically prohibited by K.S.A. 1984 Supp. 21-3914. Any person who receives a list of such names and addresses for the purpose of selling or offering to sell any property or service to listed persons may be found guilty of a misdemeanor. Cited herein: K.S.A. 1984 Supp. 21-3914; 45-221.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
A search warrant maybe issued by a district magistrate judge upon the sworn oral or written statement of a city attorney. Municipal law enforcement officers may execute such warrant, and property seized pursuant to the warrant may be admissible as evidence in a municipal court. However, K.S.A. 1985 Supp. 8-1001(f) precludes the use of a search warrant to obtain a blood sample from a person who has refused to submit to a blood, breath or urine test pursuant to that statute. An ordinance authorizing such procedure would be in conflict with the state statute prohibiting further testing after an informed refusal. Cited herein: K.S.A. 1985 Supp. 8-1001, as amended by L. 1986, ch. 40, section 2; K.S.A. 1985 Supp. 8-1005, as amended by L. 1986, ch. 41, section 1; K.S.A. 1985 Supp. 8-1567(m); K.S.A. 12-4504; K.S.A. 1985 Supp. 22-2202, as amended by L. 1986, ch. 133, section 1; K.S.A. 22-2502; 22-2503; 22-2507; L. 1986, ch. 40, section 1.
Author: Robert T. Stephan Publisher: ISBN: Category : Languages : en Pages :
Book Description
K.S.A. 75-4319(b)(2) authorizes public bodies subject to the Kansas Open Meetings Act (KOMA) to recess into an executive session for the purpose of "consultation with an attorney for the body or agency which would be deemed privileged in the attorney-client relationship ..." The term "consultation" as used in the KOMA necessarily implies the presence of an attorney. Even though a letter from an attorney to his client containing advice is a privileged communication, we must conclude that members of a public body cannot recess into an executive session to review and discuss among themselves a letter from their attorney. Therefore, it is our opinion that the "consultation with an attorney" exception to the open meetings law cannot be invoked unless the attorney for the body is present. Cited herein: K.S.A. 60-426; 75-4317; K.S.A. 1985 Supp. 75-4318(a); K.S.A. 75-4319.
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
Author: Robert T. Stephan