Author: Robert T. Stephan
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Languages : en
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The procedure for adoption of a budget for a county extension council is governed exclusively by the provisions of K.S.A. 1980 Supp. 2-610, and the provisions of the general budget law, K.S.A. 79-2925 e̲t̲ s̲e̲q̲., are not applicable. Cited herein: K.S.A. 1980 Supp. 2-610, K.S.A. 79-2925.
Author: Robert T. Stephan
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Languages : en
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The expenditure of county moneys by a board of county commissioners, for the purpose of promoting the adoption of a question submitted at a county election, subjects the board of county commissioners to the provisions of K.S.A. 1980 Supp. 25-901, which require the reporting of such expenditures. Cited herein: K.S.A. 10-1101, K.S.A. 1980 Supp. 12-105a, K.S.A. 12-726, 12-1218, 12-1679, 12-2701, 12-3102, K.S.A. 1980 Supp. 25-901, K.S.A. 25-902, K.S.A. 1980 Supp. 31-132, K.S.A. 68-2101.
Author: Robert T. Stephan
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Languages : en
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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
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Languages : en
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Neither the provisions of K.S.A. 1980 Supp. 19-1803, nor the common law doctrine of incompatibility of offices, precludes a person from concurrently serving on the board of trustees of a county hospital and on the board of education of a local school district. Cited herein: K.S.A. 1980 Supp. 19-1803.
Author: Robert T. Stephan
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Languages : en
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As provided by K.S.A. 31-137, municipal fire departments are empowered to enforce the provisions of K.S.A. 31-132 e̲t̲ s̲e̲q̲., as well as any rules and regulations adopted pursuant thereto. Such enforcement includes the making of inspections in and upon all buildings and premises subject to the act and, if necessary, the issuance of cease and desist orders. (K.S.A. 1980 Supp. 31-139). As buildings subject to the act include all places in which people work, live or congregate from time to time, [K.S.A. 1980 Supp. 31-133(a)], the Topeka State Hospital, as such a place, would be subject to inspection by officials of the Topeka Fire Department. However, the department would not be able to enforce any provisions inconsistent with the rules and regulations adopted by the state fire marshal. Cited herein: K.S.A. 1980 Supp. 31-133, 31-134, K.S.A. 31-137, K.S.A. 1980 Supp. 31-139, K.A.R. 1980 Supp. 22-3-1, K.A.R. 22-11-1.
Author: Robert T. Stephan
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Languages : en
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Under the provisions of 1980 Supp. 8-128(a), "municipally owned fire trucks" are exempt from motor vehicle registration requirements. In light of the meaning commonly given to the term "minicipality" by Kansas statutes, this exemption includes fire trucks owned by a county, as well as those owned by a city. Cited herein: K.S.A. 1980 Supp. 8-128(a), K.S.A. 10-1101(a), K.S.A. 1980 Supp. 12-105a(a), 12-110a, K.S.A. 12-726(a), 12-1218(a), 12-1679(a)(1), 12-3102(b), K.S.A. 1980 Supp. 31-132(c), K.S.A. 68-2101(a).
Author: Robert T. Stephan
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Languages : en
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K.S.A. 1980 Supp. 31-134a provides an exception to the Kansas Fire Prevention Code (KFPC) for buildings which conform to any one of three specified nationally recognized building codes and meet certain other requirements. As the intent of the legislature was to provide alternatives to the KFPC which still provide adequate fire protection, adoption of the three codes which are enumerated entails adoption of their various subparts as well. Additionally, as such codes may not be retroactively enforced, only new buildings are affected, with existing structures coming under the uniform application of the KFPC. Cited herein: K.S.A. 1980 Supp. 31-132, 31-133, 31-134, 31-134a, K.A.R. 1980 Supp. 22-3-1.
Author: Robert T. Stephan
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Languages : en
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K.S.A. 19-723, which authorizes the board of county commissioners to employ an additional attorney to assist the county attorney, involves a discretionary power held by the board and does not mandate such special assistant be employed. Cited herein: K.S.A. 19-723, G.S. 1949, 19-718.
Author: Robert T. Stephan
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Languages : en
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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
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Languages : en
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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.
