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Author: Robert T. Stephan
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1984 Senate Bill No. 858 reduces the sentences which may lawfully be imposed upon persons convicted of Class D or E felonies which are not included in articles 34, 35 or 36 of chapter 21 of the Kansas Statutes Annotated. An attempt to commit a felony contained in these three articles is defined as a distinct criminal act by article 33 of the same chapter. Thus, the exclusion of these three articles from the provisions of the bill does not extend to attempts to commit such crimes. Under the terms of this bill, the sentencing court must review the sentence of a person convicted of a non-excluded D or E felony and, at the discretion of the court, reduce the minimum term of imprisonment to the new limits in K.S.A. 1983 Supp. 21-4501, as amended. Such a review and possible reduction is also required for persons who were sentenced for the included felonies within the time frame established by the bill, but who were placed on probation and who remain subject to possible imprisonment should the conditions of their probation be violated. Cited herein: K.S.A. 1983 Supp. 21-3301, 21-4501, 21-4602, 21-4610, K.S.A. 21-4618, 22-3716, 1984 Senate Bill No. 858.
Author: Robert T. Stephan
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1984 Senate Bill No. 858 reduces the sentences which may lawfully be imposed upon persons convicted of Class D or E felonies which are not included in articles 34, 35 or 36 of chapter 21 of the Kansas Statutes Annotated. An attempt to commit a felony contained in these three articles is defined as a distinct criminal act by article 33 of the same chapter. Thus, the exclusion of these three articles from the provisions of the bill does not extend to attempts to commit such crimes. Under the terms of this bill, the sentencing court must review the sentence of a person convicted of a non-excluded D or E felony and, at the discretion of the court, reduce the minimum term of imprisonment to the new limits in K.S.A. 1983 Supp. 21-4501, as amended. Such a review and possible reduction is also required for persons who were sentenced for the included felonies within the time frame established by the bill, but who were placed on probation and who remain subject to possible imprisonment should the conditions of their probation be violated. Cited herein: K.S.A. 1983 Supp. 21-3301, 21-4501, 21-4602, 21-4610, K.S.A. 21-4618, 22-3716, 1984 Senate Bill No. 858.
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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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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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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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 Shawnee County Civil Service Board, established pursuant to K.S.A. 19-4303 e̲t̲ s̲e̲q̲., may enforce rules adopted in accordance with its express statutory authority, either through expressly authorized administrative procedures, criminal process pursuant to K.S.A. 19-4327, or its implied enforcement authority via the inherent equitable powers of the district court. Cited herein: K.S.A. 19-4303; 19-4304; 19-4311; 19-4314; 19-4327; 19-4331.
Author: Robert T. Stephan
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No state statute prescribes a procedure whereby a city of the third class may change from the commission form of government to the mayor-council form of government. However, the governing body of such a city may, by ordinance adopted pursuant to home rule powers, prescribe that the city shall revert to the mayor-council form of government on the date of the next city election, and provide for the election of a mayor and five council members at that election. Cited herein: K.S.A. 12-184, 12-1019, 12-1027, 12-1035, 12-1036h, 12-10a09, 13-1812, 14-1807, 15-124, 15-1201, 15-1704, Kan. Const., Art. 12, section 5.
Author: Robert T. Stephan
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Pursuant to K.S.A. 1983 Supp. 22-4501 e̲t̲ s̲e̲q̲., the State Board of Indigent Defense Services has the authority to deny authorization of claims for compensation in cases where the attorneys seeking compensation were appointed without regard to the applicable system for providing legal services to indigent defendants as established by the board. Cited herein: K.S.A. 1983 Supp. 22-4501; 22-4503; 22-4507; 22-4522; 22-4523.
Author: Robert T. Stephan
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In S̲t̲a̲t̲e̲ ̲v̲.̲ ̲R̲o̲s̲e̲, 234 Kan. 1044 (1984), the Kansas Supreme Court ruled that K.S.A. 8-1749a (amended by L. 1984, ch. 39, section 20, effective January 1, 1985), is n̲o̲t̲ unconstitutionally vague and indefinite under the Due Process Clause of the Fourteenth Amendment to the United States Constitution. The court said the term "substantially" means less than totally or the whole, but more than imaginary. The term defines a standard between the extremes of total and complete impairment and slight impairment. Since the conclusion reached in Attorney General Opinion No. 84-92 is contrary to the decision of the court in S̲t̲a̲t̲e̲ ̲v̲.̲ ̲R̲o̲s̲e̲, s̲u̲p̲r̲a̲, the opinion is withdrawn. Cited herein: K.S.A. 8-1749a, (amended by L. 1984, ch. 39, section 20, effective January 1, 1985); U.S. Const., 14th Amendment.
Author: Robert T. Stephan
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In making recommendations as to the zoning of an individual parcel of land, a planning commission acts in a quasi-judicial, rather than a legislative, function. As such, its deliberations may be held in closed session, as a specific exception to the Kansas Open Meetings Law, K.S.A. 75-4317 e̲t̲ s̲e̲q̲. For purposes of the Open Meetings Law, "binding action" would occur when the commission votes to approve or deny a particular request, and would have to be done in an open meeting. Further, In that K.S.A. 12-708 requires the commission to adopt its recommendations by affirmative vote at the conclusion of the hearing, it is not possible to have a binding vote before such recommendations, in the form of specific findings, are prepared. Cited herein: K.S.A. 12-708, K.S.A. 1983 Supp. 75-4318, 75-4319.
