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Author: Robert T. Stephan
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Territory may be added to a hospital district created under K.S.A. 80-21,101 e̲t̲ s̲e̲q̲., by means of the procedures set forth in K.S.A. 80-21,120. The statute, which was enacted in 1955, makes the attachment effective on March 1 following the entry of the county commission's order, with this date intended to reflect the day property was assessed for tax purposes. However, such date was changed in all taxation statutes in 1959 to January 1, with the general statute governing attachment of territory (K.S.A. 79-1807) amended at the same time to make attachments of territory effective as of December 31. In view of these subsequent amendments, that portion of K.S.A. 80-21,120 which refers to March 1 as the effective date of any attachment of territory has been repealed by implication, and the effective date is now that provided in K.S.A. 79-1807. Cited herein: K.S.A. 79-309, 79-1807, 80-21,120, 1984 House Bill No. 2003.
Author: Robert T. Stephan
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Territory may be added to a hospital district created under K.S.A. 80-21,101 e̲t̲ s̲e̲q̲., by means of the procedures set forth in K.S.A. 80-21,120. The statute, which was enacted in 1955, makes the attachment effective on March 1 following the entry of the county commission's order, with this date intended to reflect the day property was assessed for tax purposes. However, such date was changed in all taxation statutes in 1959 to January 1, with the general statute governing attachment of territory (K.S.A. 79-1807) amended at the same time to make attachments of territory effective as of December 31. In view of these subsequent amendments, that portion of K.S.A. 80-21,120 which refers to March 1 as the effective date of any attachment of territory has been repealed by implication, and the effective date is now that provided in K.S.A. 79-1807. Cited herein: K.S.A. 79-309, 79-1807, 80-21,120, 1984 House Bill No. 2003.
Author: Robert T. Stephan
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The acquisition and development of real property as an industrial site or park is a legitimate exercise of a county's power of local legislation or home rule as provided in K.S.A. 19-101 and K.S.A. 1984 Supp. 19-101a, as amended by 1985 Senate Bill No. 326. County funds acquired pursuant to K.S.A. 19-4101 e̲t̲ s̲e̲q̲., may only be utilized for programs related to economic development. The acquisition and development of an industrial site or park would appear to be such a program. However, any expenditure of public funds must have a demonstrable relationship to a program of economic development and must satisfy the public purpose doctrine. Cited herein: K.S.A. 12-1741b, as amended by 1985 House Bill No. 2383; 12-3801; 12-3802; 19-101; K.S.A. 1984 Supp. 19-101a, as amended by 1985 Senate Bill No. 326 ; K.S.A. 19-3801; 19-4101; 19-4102; 19-4103.
Author: Robert T. Stephan
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As amended by chapter 282, section 5, the provisions of chapter 187, section 11 of the 1984 Session Laws prohibit the selling, giving or receiving of lists of names and addresses derived from public records, for the purpose of selling or offering for sale any property or service to the persons listed therein, subject to three exceptions. Section 6 of chapter 187, as amended by section 3 of chapter 282 of the 1984 Session Laws, further requires that any person who obtains a list of names and addresses certify that: (1) he or she will not use the information for the purpose of selling or offering for sale any property or services, and (2) will not give, sell or otherwise make available the list to another person so that the latter may sell or offer for sale any property or service. Accordingly, a person may not make commercial use of information derived from such lists, either directly or through the sale of the lists themselves. Cited herein: K.S.A. 1983 Supp. 21-3913; 45-201 (both repealed, L. 1984, ch. 187); 74-2012, as amended by L. 1984, ch. 282, section l; L. 1983, ch. 171, section 11, L. 1984, ch. 187, sections 6, 11; L. 1984, ch. 282, sections 3, 5.
Author: Robert T. Stephan
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The common law doctrine of incompatibility of offices precludes one person from simultaneously holding the offices of city council member and clerk of the municipal court in a city of the third class having a mayor-council form of government. Cited herein: K.S.A. 12-4108.
Author: Robert T. Stephan
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K.S.A. 19-702 provides that it is the duty of the county attorney to prosecute all cases arising out of the criminal statutes of this state which arise in his or her county. If such a violation occurs, it is immaterial whether it takes place within or without the limits of any city located in the county, or whether the officer issuing the citation or making the arrest is an employee of the city or county. In any violation of a state criminal statute, it is the function of the county attorney to prosecute, and such prosecution may not be declined, or additional conditions attached (i̲.̲e̲.̲ payment of costs) on the grounds that the violation took place within the city. Cited herein: K.S.A. 1983 Supp. 8-1567, K.S.A. 12-4111, 12-4113, 19-702, 19-706b.
Author: Robert T. Stephan
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Pursuant to the restrictions of K.S.A. 17-5904, and subject to exemptions prescribed therein, corporations (other than family farm corporations and authorized farm corporations) may not own agricultural land in this state. An investment plan whereby a corporation (other than a family farm corporation or authorized farm corporation) would own agricultural land, subject to a "buyback option," would violate the restrictions of the aforesaid statute. Cited herein: K.S.A. 1983 Supp. 17-5903, K.S.A. 17-5904.
Author: Robert T. Stephan
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The provisions of subsections (c) and (d) of K.S.A. 1983 Supp. 77-426, which allow the legislature to reject, modify or revoke an administrative rule and regulation by means of the adoption of a concurrent resolution, are unconstitutional. Such action by the legislature is an unlawful usurpation of the governor's constitutional power to administer and enforce the laws. Such action violates the constitutional doctrine of separation of powers. In addition, the legislative oversight mechanism prescribed in subsections (c) and (d) of K.S.A. 1983 Supp. 77-426 is unconstitutional for the reason that it attempts to authorize the legislature to make law, without following the mandatory procedures of the Kansas Constitution. The Kansas constitution requires that any law be enacted only by bill [not by resolution or concurrent resolution]; that every bill contain the constitutionally-specified enacting clause; and that all bills passed by the legislature be presented to the governor for approval or disapproval. The procedure set forth in subsections (c) and (d) of K.S.A. 1983 Supp. 77-426 does not meet these constitutional requirements and is unconstitutional. Cited herein: K.S.A. 1983 Supp. 77-426; Kan. Const., Art. 2, sections 14, 20.
Author: Robert T. Stephan
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As amended by Laws 1984, Chapter 154, Section 1(g), K.S.A. 1983 Supp. 38-1523(g) establishes a policy that law enforcement officers investigating reports of abuse or neglect on school premises do so in street clothes. However, the statute imposes no absolute requirement and allows safety and practical considerations to be taken into account. Accordingly, a small police force could determine that its officers should not take the additional time needed to change from their uniforms into street clothes, and then back again, in making such investigations. Cited herein: K.S.A. 1983 Supp. 38-1523, as amended by L. 1984, ch. 154, section 1(g).
Author: Robert T. Stephan
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The legislature may refuse to appropriate moneys to provide funds for a̲ ̲p̲a̲r̲t̲i̲c̲u̲l̲a̲r̲ lease of office space already entered into by a state agency and may direct that no appropriated moneys shall be used for such purpose. However, the legislature may not prescribe that an agency may not enter into a̲n̲y̲ lease for office space without the prior approval of the State Finance Council or some other legislatively-dominated committee. Such a limitation on prospective action by a state agency violates the doctrine of separation of powers and is unconstitutional. Attorney General Opinion No. 81-83 is reaffirmed. Cited herein: K.S.A. 75-3708, 75-3711, K.S.A. 1983 Supp. 75 -3711c, 75-3725a, L. 1984, ch. 23, section 5, L. 1984, ch. 244, sections 1, 2, 23, L. 1981, ch. 32, section 69.
Author: Robert T. Stephan
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A municipality, through the exercise of constitutional home, rule powers, may grant to the municipal court the power to impose contempt sanctions against persons who fail to obey the subpoenas of a municipal administrative agency. Cited herein: K.S.A. 12-4101, 12-4104, 12-4105, 12-4106, 12-4204, 12-4602, Kan. Const. Art. 12, section 5.
