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Author: Robert T. Stephan
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Languages : en
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Pursuant to Article 10 of the Kansas Constitution, the 1979 Session of the Kansas Legislature enacted Senate Bill No. 220, which reapportioned the state senatorial districts, based on figures compiled in the 1978 state agricultural census. The reapportionment statute was presented to the supreme court by the Attorney General, with the court holding, in a final judgment, that the plan complied with the requirements of the state and federal constitutions. Accordingly, unless it is ordered to do so by a court of competent jurisdiction, the legislature may not act again on reapportionment until the time set forth by Article 10, which is 1989. Reapportionment on a decennial basis, such as that provided by the Kansas Constitution, has been held consistent with equal protection rights under the federal constitution. Additionally, court decisions have sanctioned the use of figures derived from the state agricultural census, rather than the United States census, and have found no discrimination in the way the state census considered persons in military service in arriving at population figures for each district. Accordingly, the fact that U.S. census figures collected subsequent to 1979 are dissimilar from those used by the legislature and approved by the supreme court is insufficient to challenge the validity of the apportionment plan currently in effect. However, given that the state agricultural census has been replaced by the federal census, the next reapportionment scheduled for 1989 will of necessity use data collected in 1980, yet will draw districts which will be used until 1999. As population shifts during this lengthy period may give rise to equal protection concerns the legislature may wish to consider remedial measures prior to 1989, such as amending the Kansas Constitution, Article 10, or reinstituting some form of state census. Cited herein: K.S.A. 11-201, 24-3402, 24-3403, L. 1979, ch. 55, 1983 SR No. 1814, 1979 SB No. 220, Kan. Const., Art. 10, section 1, U.S. Const., Amend. XIV.
Author: Robert T. Stephan
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Languages : en
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Pursuant to Article 10 of the Kansas Constitution, the 1979 Session of the Kansas Legislature enacted Senate Bill No. 220, which reapportioned the state senatorial districts, based on figures compiled in the 1978 state agricultural census. The reapportionment statute was presented to the supreme court by the Attorney General, with the court holding, in a final judgment, that the plan complied with the requirements of the state and federal constitutions. Accordingly, unless it is ordered to do so by a court of competent jurisdiction, the legislature may not act again on reapportionment until the time set forth by Article 10, which is 1989. Reapportionment on a decennial basis, such as that provided by the Kansas Constitution, has been held consistent with equal protection rights under the federal constitution. Additionally, court decisions have sanctioned the use of figures derived from the state agricultural census, rather than the United States census, and have found no discrimination in the way the state census considered persons in military service in arriving at population figures for each district. Accordingly, the fact that U.S. census figures collected subsequent to 1979 are dissimilar from those used by the legislature and approved by the supreme court is insufficient to challenge the validity of the apportionment plan currently in effect. However, given that the state agricultural census has been replaced by the federal census, the next reapportionment scheduled for 1989 will of necessity use data collected in 1980, yet will draw districts which will be used until 1999. As population shifts during this lengthy period may give rise to equal protection concerns the legislature may wish to consider remedial measures prior to 1989, such as amending the Kansas Constitution, Article 10, or reinstituting some form of state census. Cited herein: K.S.A. 11-201, 24-3402, 24-3403, L. 1979, ch. 55, 1983 SR No. 1814, 1979 SB No. 220, Kan. Const., Art. 10, section 1, U.S. Const., Amend. XIV.
Author: Curt Thomas Schneider
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Languages : en
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Steel traps which may be set for coyotes are not limited in number by the provisions of K.S.A. 32-158.
Author: Robert T. Stephan
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The sole issue to be resolved at an administrative herring held under the "implied consent" law (K.S.A. 1981 Supp. 8-1001) is the reasonableness of a person's refusal to submit to a request to take a blood-alcohol test. At the hearing, the only testimony needed from the arresting officer is the sworn report required in the statute, and if the sworn report addresses the necessary issues, there is no need for the officer to attend the hearing. However, if the sworn report fails to discuss whether the licensee was capable of making a voluntary response to the request to submit to a blood-alcohol test, and it appears that this issue will be raised in the administrative hearing, the testimony of the arresting officer is essential and the attendance of the arresting officer may be compelled by subpoena [K.S.A. 8-255(b)]. Cited herein: K.S.A. 8-255, K.S.A. 1981 Supp. 8-1001 and K.S.A. 54-101.
Author: Robert T. Stephan
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Languages : en
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County attorneys must maintain an office at the seat of justice, unless otherwise provided by law or the board of county commissioners. Cited herein: K.S.A. 19-2601.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Robert T. Stephan
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Languages : en
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Local boards of education are not required to provide school bus loading areas which allow school buses to be stopped entirely off the roadway portion of all city streets. In addition, while K.S.A. 8-1556(b) and Section 81 of Article 12 of the Uniform Standard Traffic Ordinance for Kansas Cities prohibit a school bus driver from activating the flashing warning signal lamps on the bus when the bus is stopped entirely off the roadway in designated school bus loading areas, the same subsections of law expressly authorize those lamps to be activated when the bus is stopped on a roadway to receive or discharge students. Finally, an area on and along a city street, which is part of the roadway of the street, continues to be a part of the roadway, although the area is posted as a no parking zone. The stopping of a school bus on this portion of a city street to receive or discharge children has no effect on the school bus driver's authority to activate the flashing warning signal lamps on the bus. Cited herein: K.S.A. 8-1459, 8-1556, K.S.A. 72-8301, K.A.R. 1983 Supp. 36-13-33, Kan. Const., Art. 6, section 5.
Author: Robert T. Stephan
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Languages : en
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Criminal pretrial proceedings must be conducted in the county of venue unless the governing statute specifically permits the proceeding to be conducted in another county. A pretrial proceeding conducted in a county other than the county of venue, without specific statutory authorization therefor, unless waived, is void for lack of jurisdiction. Cited herein: K.S.A. 22-2901, K.S.A. 22-2902, Kan. Const., Bill of Rights section 10.
Author: Robert T. Stephan
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For purposes of civil proceedings under the Code for Care of Children, the legislature defined types of behavior which would constitute sexual abuse by reference to sex offenses in the criminal code, however, it did not thereby intend to adopt a criminal definition of sexual abuse. Thus, while certain acts described as sex offenses in the criminal statutes may not be punishable crimes if committed with a child age 16 years or older; those same acts may constitute abuse of that child under the definition of that term in the Code for Care of Children. Cited herein: K.S.A. 21-3501, 21-3503, 21-3504 as amended by L. 1983, ch. 109; 21-3509, 21-3510, 21-3511, 21-3516, K.S.A. 1982 Supp. 38-1502 as amended by L. 1983, ch. 140, 42 U.S.C. sections 5102, 5104, 45 C.F.R. section 1340.2, 1340.14, 48 Fed. Reg. 3698 (January 26, 1983).
Author: Robert T. Stephan
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Languages : en
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Pursuant to K.S.A. 1982 Supp. 79-3425, there is a daily transfer to the highway fund of 69.23% of certain revenues accruing to the state freeway fund. The legislature clearly intends that proceeds of the various motor fuel taxes credited to said fund be subject to such transfer, but it is difficult to discern from the pertinent statutory provisions whether the legislature intends that a similar transfer be made of moneys representing interest on the highway fund that are credited to the state freeway fund pursuant to K.S.A. 1982 Supp. 68-2313. However, because the state officers charged with the administration and implementation of the relevant statutory provisions have consistently construed such provisions as precluding the daily transfer of highway fund interest moneys from the freeway fund to the highway fund, such interpretation is not only entitled to great weight, but is controlling, in light of the legislature's continued acquiescence in such interpretation. Cited herein: K.S.A. 68-2301, K.S.A. 1982 Supp. 68-2304, K.S.A. 68-2306, K.S.A. 1982 Supp. 68-2313, 79-3401, 79-3425, K.S.A. 79-3474, K.S.A. 1982 Supp. 79-3487, K.S.A. 79-3490, K.S.A. 1982 Supp. 79-34,104, L. 1979, ch. 323, section 3.
Author: Robert T. Stephan
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As introduced by the House Committee on Assessment and Taxation, 1983 House Bill No. 2053 does not involve an unlawful delegation of legislative power and does not contain more than one subject. Cited herein: 1983 House Bill No. 2053, Kan. Const., Art. 2, section 1, Art. 2, section 16.
