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Author: Carla J. Stovall
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Languages : en
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1999 Senate Bill No. 45 does not alter the ability of libraries having direct taxing powers to levy for library purposes, nor does the bill alter the ability of libraries created under K.S.A. 12-1218 et seq. to determine the amount of property taxes to be levied for library purposes, subject to any "limitations fixed by law." While all statutory levy limitations are suspended by Section 72 of the Bill, any other limits properly established by local legislative bodies are not. A library having the power to levy directly, or to require another taxing body to levy on its behalf, is a "taxing subdivision" for purposes of Section 21 of the Bill. Thus, such libraries are required to adopt a resolution prior to approving any appropriation or budget "which provides for funding with [property tax] revenue in an amount exceeding that of the next preceding year" except as otherwise provided in Section 21. Cited herein: K.S.A. 12-1215; 12-1218; 12-1220; 12-1260; 12-16,102; 12-1775; 75-2551; 79-1945; 79-5021; 79-5022; 79-5038; 1999 SB 45, sections 21-25, 72, 78; 1999 SB 226.
Author: Carla J. Stovall
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Languages : en
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1999 Senate Bill No. 45 does not alter the ability of libraries having direct taxing powers to levy for library purposes, nor does the bill alter the ability of libraries created under K.S.A. 12-1218 et seq. to determine the amount of property taxes to be levied for library purposes, subject to any "limitations fixed by law." While all statutory levy limitations are suspended by Section 72 of the Bill, any other limits properly established by local legislative bodies are not. A library having the power to levy directly, or to require another taxing body to levy on its behalf, is a "taxing subdivision" for purposes of Section 21 of the Bill. Thus, such libraries are required to adopt a resolution prior to approving any appropriation or budget "which provides for funding with [property tax] revenue in an amount exceeding that of the next preceding year" except as otherwise provided in Section 21. Cited herein: K.S.A. 12-1215; 12-1218; 12-1220; 12-1260; 12-16,102; 12-1775; 75-2551; 79-1945; 79-5021; 79-5022; 79-5038; 1999 SB 45, sections 21-25, 72, 78; 1999 SB 226.
Author: Carla J. Stovall
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Languages : en
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Sheriffs are empowered by K.S.A. 19-805 to appoint deputies for particular purposes. Thus, sheriffs have statutory authority to deputize tribal law enforcement officers to enforce state law within the parameters set by the sheriff. Generally a sheriff is liable for official acts of the sheriff's deputies. However, tribes may agree to waive their immunity for purposes of indemnifying the county or sheriff for any liability incurred as a result of negligent acts of deputized tribal law enforcement officers while acting in an official capacity on behalf of the sheriff. The mechanism for enforcing such an agreement will depend on the terms of the agreement. Cited herein: K.S.A. 19-805; 19-805a; 74-2113; 74-5602; K.S.A. 1998 Supp. 74-9804(c); K.S.A. 75-711; 75-6101; 42 U.S.C. section 1983.
Author: Curt Thomas Schneider
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Languages : en
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The validity of 1978 Senate Concurrent Resolution No. 1640, which purports to rescind, effective March 22, 1979, 1972 House Concurrent Resolution No. 1155, conditional upon the failure of three fourths of the states to ratify the proposed equal rights amendment, may be determined only by the United States Congress, when and if three fourths of the states have passed resolutions ratifying said amendment.
Author: Carla J. Stovall
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Languages : en
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Documents related to an investigation conducted by an attorney for his or her client in order to provide legal advice to the client, may be closed under the Kansas Open Records Act because they are protected by the attorney-client privilege. Cited herein: K.S.A. 1998 Supp. 45-217; K.S.A. 1998 Supp. 45-221; 60-226; K.S.A. 60-426.
Author: Robert T. Stephan
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Languages : en
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To be consistent with requirements of the United States Constitution, the provisions of K.S.A. 72-5393 can, and must, be construed as neither requiring nor authorizing the provision of therapeutic psychological and speech and hearing services, at public expense and by public employees, on parochial school premises. Instead, said provisions must be construed as requiring that such services be provided at the "truly religiously neutral locations" specified in the statute, i.̲e̲.̲, in the public schools of the school district, in public centers, or in mobile units located off the parochial school premises. Cited herein: K.S.A. 72-5392, 73-5393, U.S. Const., Amend. I, XIV.
Author: Carla J. Stovall
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Languages : en
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A multi-county joint board of health does not have the power to assess fees for licensing or inspecting child care facilities unless the board of county commissioners of each of the counties comprising the joint board has exercised its home rule powers to exempt itself from the requirements of K.S.A. 65-205, as amended by L. 1999, Ch. 57, section 62, and has agreed to establish a joint board with the power to assess such fees. Cited herein: K.S.A. 19-212, 65-201, 65-202, 65-205, as amended by L. 1999, Ch. 57, section 62, 65-208, 65-211, 65-221, K.S.A. 1998 Supp. 65-501, 65-504, 65-505, 65-512, 72-5210, K.A.R. 28-4-92.
Author: Carla J. Stovall
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Languages : en
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A law enforcement officer has no authority to stop a person and make inquiry concerning a possible violation of a regulation of a private homes association unless the officer suspects that such individual has violated or is about to violate a state law or a municipal ordinance. Cited herein: K.S.A. 22-2402; U.S. Const., Amend. XIV.
Author: Carla J. Stovall
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Languages : en
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By referring to "such office" in K.S.A. 25-4325, the Legislature intended that the number of signatures required on a petition seeking the recall of a local elected official be based on a percentage of the number of votes cast in the last general election at which an officer was elected from the same member district from which the officer sought to be recalled was elected. In the case of a petition seeking the recall of a city commissioner who was elected at-large in the 1997 general election, the petition must contain signatures equal in number to not less than 40% of the votes cast at the 1999 general election for all at-large candidates for city commissioner divided by the number of persons elected in the 1999 general election to the office of city commissioner for at-large districts. Cited herein: K.S.A. 25-4301; 25-4318; 25-4325; 71-1407; 72-8009; Kan. Const., Art. 4, section 3; L. 1976, Ch. 177, sections 5, 7; L. 1976, Ch. 178, sections 25, 32; L. 1913, Ch. 336, section 1.
Author: Carla J. Stovall
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A resolution enacted by the City of Newton that does nothing more than express a concern for the safety of the City's water resources and describe certain actions that the governing body may take in the future to protect the City's environment is not void on the grounds of vagueness and, therefore, does not offend the Due Process requirements of the 5th and 14th Amendments to the United States Constitution. Cited herein: U.S. Const., Amend. V and XIV.
Author: Carla J. Stovall
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Languages : en
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Local historic preservation committees to which the State Historic Preservation Officer has delegated authority may only review projects within their boundaries. Local historic preservation committees are subject to the Kansas Open Meetings Act. Cited herein: Kan. Const. Art. 6, section 2; K.S.A. 75-2721; 75-2724; 75-4318; 76-712; L. 1963, Ch. 27; L. 1864, Ch. 105.
