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Author: Robert T. Stephan
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Because the Kansas Constitution does not define the term "merchants' and manufacturers' inventory" for purposes of the property tax exemption in article 11, section 1, it is appropriate to rely on common understanding of the terms at the time the constitutional provision was adopted, and the statutory definitions contained in K.S.A. 1988 Supp. 79-201m. The scope of these definitions does not include real estate, such as houses constructed on-site for later sale. Therefore, such property is not eligible for the merchants' and manufacturers' inventory exemption from property tax under article 11, section 1. Cited herein: K.S.A. 79-102; K.S.A. 1988 Supp. 79-201m, as amended by L. 1989, ch. 289, section 1; Kan. Const., Art. 11, section 1.
Author: Robert T. Stephan
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Because the Kansas Constitution does not define the term "merchants' and manufacturers' inventory" for purposes of the property tax exemption in article 11, section 1, it is appropriate to rely on common understanding of the terms at the time the constitutional provision was adopted, and the statutory definitions contained in K.S.A. 1988 Supp. 79-201m. The scope of these definitions does not include real estate, such as houses constructed on-site for later sale. Therefore, such property is not eligible for the merchants' and manufacturers' inventory exemption from property tax under article 11, section 1. Cited herein: K.S.A. 79-102; K.S.A. 1988 Supp. 79-201m, as amended by L. 1989, ch. 289, section 1; Kan. Const., Art. 11, section 1.
Author: Robert T. Stephan
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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
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K.S.A. 1988 Supp. 12-1222, and the act of which it is a part, contain provisions which are not uniformly applicable to all cities. Accordingly, a city may use its home rule authority to charter out from the provisions of that statute, including the requirement that members appointed to a library board be residents of the municipality. Cited herein: K.S.A. 1988 Supp. 12-1222; Kan. Const., Art. 12, section 5.
Author: Robert T. Stephan
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Property seized from a pawnbroker and held by law enforcement officials for use as evidence in a criminal proceeding is regarded as being in c̲u̲s̲t̲o̲d̲i̲a̲ l̲e̲g̲i̲s̲ and subject to the court's order as to the disposition thereof in the same proceeding. If the property is identified as being stolen, it is the duty of the court and the state to see that the property is restored to its rightful owner at the earliest opportunity. However, the due process rights of the pawnbroker must be respected, W̲o̲l̲f̲e̲n̲b̲a̲r̲g̲e̲r̲ ̲v̲.̲ ̲W̲i̲l̲l̲i̲a̲m̲s̲, 774 F.2d 358 (10th Cir. 1985), and the Court should provide the pawnbroker with notice and opportunity to be heard before releasing property to the apparent owner. Cited herein: K.S.A. 1988 Supp. 22-2512.
Author: Robert T. Stephan
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Under the United States Supreme Court decision in H̲a̲z̲e̲l̲w̲o̲o̲d̲ ̲S̲c̲h̲o̲o̲l̲ ̲D̲i̲s̲t̲r̲i̲c̲t̲ ̲v̲.̲ ̲K̲u̲h̲l̲m̲e̲i̲e̲̲r̲, local public school officials and administrators may exercise reasonable control over activities sponsored by a public school such as publications, theatrical productions and other expressive activities so long as the educators' actions are reasonably related to legitimate pedagogical concerns and there is no intent to create a public forum. Also, Section 11 of the Kansas Bill of Rights does not provide an absolute right to freedom of speech and expression. Students in private, accredited schools are subject to reasonable school regulations. The H̲a̲z̲e̲l̲w̲o̲o̲d̲ decision applies to public schools on its facts, and does not apply to non-public schools. Cited herein: Kans. Const., B. of R., section 11; U.S. Const., Amend. I, XIV.
Author: Robert T. Stephan
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The statutes authorizing early retirement incentive program do not limit an agreement for such benefits to a one-year period. If the program is part of a negotiated contract between a board of education and a professional employees' organization the terms of which exceed a one-year period, then the program is not in conflict with the continuing contract law for teachers. Cited herein: Cited herein: [sic] K.S.A. 72-5395; 72-5396; 72-5411; K.S.A. 1988 Supp. 72-5423(d).
Author: Robert T. Stephan
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T̲h̲e̲ ̲W̲y̲a̲n̲d̲o̲t̲t̲e̲ ̲E̲c̲h̲o̲, in its current form, qualifies as a newspaper in which legal notices may be published pursuant to K.S.A. 1988 Supp. 64-101. Cited herein: K.S.A. 1988 Supp. 64-101.
Author: Robert T. Stephan
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While generally an administrative agency has the power to adopt general statements of policy, it cannot do so in lieu of regulations. If the "policy" establishes a "binding norm" and operates prospectively, eliminating the use of discretion in individual cases, the "policy" must be promulgated as a regulation, with notice and comment under K.S.A. 77-401 e̲t̲ s̲e̲q̲. Cited herein: K.S.A. 1988 Supp. 1-202; 1-308; K.S.A. 1988 Supp. 1-311, as amended by L. 1989, ch. 1, sec. 3; K.S.A. 77-401 e̲t̲ s̲e̲q̲.; K.A.R. 74-5-403; 74-5-406.
Author: Robert T. Stephan
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Subsection (c) of K.S.A. 1988 Supp. 75-6116 generally provides a governmental entity may pay a part of any judgment taken against an employee for punitive or exemplary damages if the government entity finds three conditions exist. The statute requires that a judgment be rendered before the governmental entity may consider whether the conditions attendant to payment have been met. Cited herein: K.S.A. 1988 Supp. 75-6116.
Author: Robert T. Stephan
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Where there has been a violation of the common law rule cited in Attorney General Opinion No. 90-59, both resignations and reappointments should be considered a nullity. Cited herein: K.S.A. 1989 Supp. 13-1806.
