Author: Robert T. Stephan
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Languages : en
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A plan whereby retail merchants in a given area pay an advertising agency to print their coupons on the reverse side of cash register tapes, which tapes are then sold at a discount to grocery store chains in the same area, and shoppers at the grocery stores can then redeem the coupons from the retail merchants for discounts on items which these merchants stock and sell, is exempted from coverage under the Kansas Trading Stamp Act and not violative of the same. Cited herein: K.S.A. 21-2801 e̲t̲ s̲e̲q̲., K.S.A. 1980 Supp. 21-2803.
Author: Robert T. Stephan
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Languages : en
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Subsection (e) of K.S.A. 1980 Supp. 25-4406 requires that, to be approved for use in Kansas, an electronic or electromechanical voting system must prevent the voter from casting more votes for an office or candidate than that which the voter is entitled by law to cast for such office or candidate, and a voting system which does not prevent "overvoting" in the first instance, but merely rejects all votes for an office or candidate by a voter who has overvoted, does not meet these requirements. Any such voting system which does not provide an enclosed voting station which conceals the voter from observation, view or detection while voting does not meet the requirements in K.S.A. 1980 Supp. 25-4406(h) that such voting system must provide for voting in "absolute secrecy." In evaluating whether an electronic or electromechanical voting system should be approved for use in Kansas, the secretary of state is limited to a consideration of whether the voting system satisfies the requirements of K.S.A. 1980 Supp. 25-4406 and can be used safely. Cited herein: K.S.A. 1980 Supp. 25-1310, K.S.A. 25-2703 (as amended by L. 1981, ch. 169, section 1), K.S.A. 1980 Supp. 25-4401, 25-4404, 25-4405 (as amended by L. 1981, ch. 172, section 1), 25-4406.
Author: Curt Thomas Schneider
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Languages : en
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The Secretary of State should publish in the 1978 Session Laws only the correctly engrossed copy of Substitute for Senate Bill 849 which correctly reflects amendments thereto as finally approved by both houses of the legislature. The first version of the bill, signed by the governor and forwarded to the Secretary of State, does not correctly reflect the terms of the measure as finally passed by both houses, and only the second, and correctly engrossed bill, signed subsequently by the governor should be published in the 1978 Session Laws.
Author: Robert T. Stephan
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Languages : en
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The Secretary of State does not have authority to sell or convey any interest in islands in navigable streams pursuant to K.S.A. 1978 Supp. 82a-209 or any other statute. Absent such statutory delegation of the legislature's authority, the Secretary of State may not exercise such powers.
Author: Robert T. Stephan
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Languages : en
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Through the imposition of fines for unlawful conduct, K.S.A. 1980 Supp. 8-1901(d) imposes criminal liability. In addition, subsection (a) of that statute does not appear to violate the United States Constitution's Equal Protection Clause, although it only imposes liability upon a limited class of persons. Moreover, that subsection appears to convey a sufficiently definite warning as to the conduct proscribed therein, so as to avoid being unconstitutionally vague and uncertain. Cited herein: K.S.A. 1980 Supp. 8-1901, 8-1909, K.S.A. 8-2116, 8-2204, 21-3105, K.S.A. 1980 Supp. 21-4503, U.S. Const., Amend. XIV.
Author: Robert T. Stephan
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Languages : en
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Neither the provisions of K.S.A. 1980 Supp. 19-1803, nor the common law doctrine of incompatibility of offices, precludes a person from concurrently serving on the board of trustees of a county hospital and on the board of education of a local school district. Cited herein: K.S.A. 1980 Supp. 19-1803.
Author: Robert T. Stephan
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Languages : en
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The provisions of the Kansas Open Meetings Law preclude the election of the acting president of the City Council of Merriam by secret ballot. Cited herein: K.S.A. 1980 Supp. 75-4318.
Author: Robert T. Stephan
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Languages : en
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There are no statutory obstacles to an election commissioner also holding the office of mayor of a city of the second class. Moreover, the common law doctrine of incompatibility of offices does not preclude such simultaneous incumbencies.
Author: Robert T. Stephan
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Languages : en
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For criminal conduct which the State has declared to constitute a felony, municipalities may not exercise concurrent jurisdiction by redefining such offense as a misdemeanor in violation of municipal ordinance. Cited herein: K.S.A. 21-3707, 21-3102, 21-3108, K.S.A. 1980 Supp. 12-4104, 22-2601.
Author: Robert T. Stephan
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Languages : en
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K.S.A. 19-723, which authorizes the board of county commissioners to employ an additional attorney to assist the county attorney, involves a discretionary power held by the board and does not mandate such special assistant be employed. Cited herein: K.S.A. 19-723, G.S. 1949, 19-718.
