Author: Robert T. Stephan
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Languages : en
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K.S.A. 1985 Supp. 8-173 requires the person making an application for registration of a vehicle to show proof that such person has paid all personal property taxes levied against such person for the preceding year, including taxes upon such vehicle. When personal property is held jointly, both persons are liable for taxes levied thereon. Accordingly, under K.S.A. 1985 Supp. 8-173, a county treasurer may not accept an application for registration of a jointly-owned motor vehicle from either owner until the unpaid taxes on the vehicle and all other personal property taxes assessed to the owners are paid in full. Furthermore, a county treasurer may accept a motor vehicle registration application from a person whose spouse has died, leaving property in the estate upon which unpaid taxes are due, provided the applicant's taxes are paid for the preceding year and the applicant has sole ownership of the vehicle. Cited herein: K.S.A. 1985 Supp. 8-173.
Author: Robert T. Stephan
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Languages : en
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In the absence of contractual provisions indicating otherwise and where an employment contract requires a fixed employer contribution to an insurance premium paid by employees, any refund of such premiums shall be paid to the employees and the employer may not retain any portion thereof unless the refund exceeds the entire employee contribution.
Author: Robert T. Stephan
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Languages : en
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The purpose of the Safety Belt Use Act is to educate rather than punish. However, law enforcement officers should not be constrained from enforcing the act within the bounds of its provisions. When an officer can articulate facts which would lead a cautious person to believe that a violation has occurred, a citation may then issue. Drivers are not to be cited for violations committed by passengers. Any person 10 or more years of age may be held responsible for failure to fasten their safety belt. Cited herein: K.S.A. 1985 Supp. 8-1344; 8-1345; K.S.A. 8-2101; K.S.A. 1985 Supp. 21-3105; 38-1602, K.S.A. 41-2719; L. 1986, ch. 35, sections 3, 4.
Author: Robert T. Stephan
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Languages : en
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Obscene bumper stickers or t-shirts are governed by K.S.A. 21-4301c only if they are displayed by a person having custody, control or supervision of any commercial enterprise and only if they meet the definitional requirements of that statute. A bill prohibiting public display of p̲r̲o̲f̲a̲n̲e̲ bumper stickers and t-shirts entirely would encounter some constitutional problems. A bill limiting o̲b̲s̲c̲e̲n̲e̲ bumper stickers and t-shirts is more likely to fall into the parameters of speech that can be regulated under the Constitution, although courts may see fit to place additional requirements on restricted speech. Cited herein: K.S.A. 21-4301c.
Author: Robert T. Stephan
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Languages : en
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A public body must comply with the provisions of the Kansas Open Meetings Act if two tests are met: (1) the body is a legislative or administrative agency of the state or one of its political or taxing subdivisions, or is subordinate to such a body; and (2) the body receives or expends and is supported in whole or in part by public funds. A rural water district meets the first test as it is a political subdivision of the state. The second test is met if the district receives federal or state grants or other such public funding. Cited herein: K.S.A. 24-1201; K.S.A. 1987 Supp. 24-1219; K.S.A. 75-4317; K.S.A. 1987 Supp. 75-4318; K.S.A. 82a-612; K.S.A. 1987 Supp. 82a-613; K.S.A. 82a-614; 82a-616; 82a-619a; 82a-625; 82a-638.
Author: Curt Thomas Schneider
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Languages : en
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A city which purchases liability insurance under K.S.A. 74-4716 for its officers and employees, but not for the city itself, does not waive its governmental immunity for liability. If the city does purchase such insurance, and allows it to expire by cancellation, lapse of policy, or otherwise, the governmental immunity is restored by operation of law, for said immunity was waived only to the extent of the insurance which said city purchased, and only for the duration of said coverage.
Author: Robert T. Stephan
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Languages : en
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Kansas laws pertaining to driving under the influence of alcohol allow conviction when the accused's blood or breath alcohol test (BAT) registers less than .10 as long as other supporting evidence is available. A conviction under a similar statute in another state may be considered for sentencing purposes. Cited herein: K.S.A. 1985 Supp. 8-1005; 8-1567.
Author: Robert T. Stephan
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Languages : en
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The proceeds of revenue bonds issued under the provisions of K.S.A. 1985 Supp. 32-603 may be used for research and testing of water quality at the new state fish hatchery. Cited herein: K.S.A. 1985 Supp. 32-601, 32-603, 32-606.
Author: Robert T. Stephan
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Languages : en
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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
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Languages : en
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An ordinance which authorizes a local human relations commission to award compensatory and punitive damages in a discrimination case is incidental to effectuation of a public purpose, i.̲e̲.̲ the elimination of discrimination within a community, and constitutes a valid exercise of city home rule powers. While a local human relations commission lacks standing in district court to enforce such an award, a victim of discrimination may file suit for enforcement in district court. Cited herein: K.S.A. 1985 Supp. 44-1005; K.S.A. 44-1011; 60-217; K.S.A. 1985 Supp. 60-2101(d); Kan. Const., Art. 12, section 5.
