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Author: Robert T. Stephan
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K.S.A. 8-2010, as amended by L. 1992, ch. 141 requires designation of each emergency vehicle by only the county with primary jurisdiction over the vehicle. Cited herein: K.S.A. 8 - 2010, as amended by L. 1992, ch. 141, section 4; L. 1992, ch. 141, section 2.
Author: Robert T. Stephan
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K.S.A. 8-2010, as amended by L. 1992, ch. 141 requires designation of each emergency vehicle by only the county with primary jurisdiction over the vehicle. Cited herein: K.S.A. 8 - 2010, as amended by L. 1992, ch. 141, section 4; L. 1992, ch. 141, section 2.
Author: Robert T. Stephan
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The whole purpose and policy of Kansas' exemption laws has been to secure to an unfortunate debtor the means to support himself and his family, to keep them from being reduced to absolute destitution and thereby public charges. The spouse of a member of the Kansas public employees retirement system is not to be regarded as one of the parties subject to the anti-alienation provisions set forth in K.S.A. 1991 Supp. 74-4923, as amended by L. 1992, ch. 321, section 10. Therefore, any annuity or benefit earned pursuant to K.S.A. 74-4901 e̲t̲ s̲e̲q̲. may be subject to a decree for the division of property following dissolution of marriage. Cited herein: K.S.A. 74-4901; K.S.A. 1991 Supp. 74-4902; 74-4923, as amended by L. 1992, ch. 321, section 10; L. 1961, ch. 427, section 23; L. 1974, ch. 338, section 1; L. 1982, ch. 152, section 24; L. 1990, ch. 282, section 11; L. 1991, ch. 238, section 3.
Author: Robert T. Stephan
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The appropriate board of county commissioners may designate any public or privately-owned vehicle as an emergency vehicle upon receipt of an application and finding that such designation "is necessary to the preservation of life or property or to the execution of emergency governmental functions." Publicly-owned vehicles not grandfathered in pursuant to L. 1992, ch. 141, section 4(b) must be designated as emergency vehicles before they may be operated with red lights and/or siren. Cited herein: K.S.A. 8-2010, as amended by L. 1992, ch. 141, section 4; K.S.A. 8-2010 (Furse 1991) L. 1992, ch. 141, sections 1, 2; K.A.R. 32-2-3; 32-2-4.
Author: Robert T. Stephan
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A non-profit hospital operating a telephone answering service exclusively for hospital purposes is exempt from payment of sales tax on the telephone services it purchases for such operation. K.S.A. 1986 Supp. 79-3606(b), as amended. A telephone answering service is not itself taxable under the Kansas retailers' sales tax act, but the rental of beepers or other such equipment by the hospital to physicians is taxable. K.S.A. 1986 Supp. 79-3603(h), as amended. A non-profit hospital which meets the requirements of 26 U.S.C. section 501 and 26 C.F.R. section 1.501 is exempt from federal income taxation pursuant to 26 U.S.C. section 501(a), and thus from state income taxation pursuant to K.S.A. 79-32,113, except to the extent it receives "unrelated business income." The receipt of a service free of charge from an employer as partial compensation for services rendered would fall within the scope of the broadly interpreted term "gross income," and therefore would be taxable income to the employee unless specifically exempted. Cited herein: K.S.A. 1986 Supp. 79-201b F̲i̲r̲s̲t̲; K.S.A. 79-32,113, 79-32,117; K.S.A. 1986 Supp. 79-3603, as amended by L. 1987, ch. 182, section 108; 79-3606, as amended by L. 1987, ch. 64, section 1 and L. 1987, ch. 292, section 32; K.A.R. 92-19-19; 26 U.S.C. sections 61, 62, 501; 26 C.F.R. section 1.501.
Author: Robert T. Stephan
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K.S.A. 75-4304(a) prohibits public officers (which includes city council members) from making or participating in the making of contracts in which they have a substantial interest, but would not preclude a council member from voting on a motion concerning the payment of attorneys fees incurred by the council member in a civil action. However, under common law conflict of interest principles recognized in this state, a city council member is disqualified from making or voting on such a motion. Cited herein: K.S.A. 75-4301; 75-4304.
Author: Robert T. Stephan
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A trust company's powers do not include the authority to branch. Cited herein: K.S.A. 9-801; 9-901; 9-1111, as amended by L. 1992, ch. 61, section 1; 9-1801; 9-2103.
Author: Robert T. Stephan
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Based on I̲n̲ ̲r̲e̲ ̲A̲p̲p̲l̲i̲c̲a̲t̲i̲o̲n̲ ̲o̲f̲ ̲N̲o̲e̲l̲ ̲f̲o̲r̲ ̲D̲i̲s̲c̲h̲a̲r̲g̲e̲ ̲H̲e̲a̲r̲i̲n̲g̲, 17 Kan. App. 2d 303 (1992), it is our opinion that K.S.A. 1991 Supp. 22-3428(3), as amended, and K.S.A. 1991 Supp. 22-3428a(3), which are used to determine the need for continued commitment of insanity acquittees, violate the due process and equal protection clauses of the 14th amendment by not placing the burden of proof upon the state to show by clear and convincing evidence both the committed person's continued insanity and dangerousness. However, rather than striking the statutes down, the Court of Appeals engrafted the essential requirements onto the statutes. Cited herein: K.S.A. 1991 Supp. 22-3428, as amended by L. 1992, ch. 309, section 3; 22-3428a.
Author: Robert T. Stephan
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The legislature has effectively placed a moratorium during that period running from the first Wednesday following the first Tuesday in December of even-numbered years to the Tuesday immediately preceding the first Wednesday in April of odd-numbered years on elections regarding a change in the method of election or voting plan for members of a board of education. Because Tuesday, April 6, 1993, falls within that period of time subject to the moratorium, no election regarding a change in the method of election or voting plan for members of a board of education may be conducted on April 6, 1992. The provisions of K.S.A. 72-8004 are mandatory. If, in order to meet federal requirements, proposed member districts cannot be drawn so as to comply with the conditions set forth in K.S.A. 72-8004, a change in the method of election or voting plan may not be made. Cited herein: K.S.A. 72-8001; 72-8004; 72-8005; 72-8008; 72-8009; 42 U.S.C. section 1971.
Author: Robert T. Stephan
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The provisions of the student publications act, L.1992, ch. 5, sections 1, 2, 3, are not applicable to community colleges. Cited herein: L. 1992, ch. 5, sections 1, 2, 3; U.S. Const., Amend. I.
Author: Robert T. Stephan
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The sheriff of the county where the action is filed is responsible for the service of process by certified mail. Attorney General Opinion No. 92-83 is accordingly revised. Cited herein: L. 1992, ch. 290.
