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Author: Robert T. Stephan
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Non-profit commercial enterprises that meet the requirements of section 3 of the enterprise zone act are eligible for the sales tax exemption provided by K.S.A. 1991 Supp. 79-3606(ee), as amended. Cited herein: K.S.A. 2-2602; 2-3001; 12-17,108 (repealed, L. 1992, ch. 202, section 15); K.S.A. 1991 Supp. 32-964, as amended by L. 1992, ch. 292, section 1; 74-8103, as amended by L. 1992, ch. 221, section 3; 79-3271; K.S.A. 79-32,153; 79-34,108, as amended by L. 1992, ch. 106, section 30; K.S.A. 1991 Supp. 79-3606, as amended by L. 1992, ch. 202, section 13; K.S.A. 79-4301, Art. IV; L. 1992, ch. 202, sections 2, 3.
Author: Robert T. Stephan
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Non-profit commercial enterprises that meet the requirements of section 3 of the enterprise zone act are eligible for the sales tax exemption provided by K.S.A. 1991 Supp. 79-3606(ee), as amended. Cited herein: K.S.A. 2-2602; 2-3001; 12-17,108 (repealed, L. 1992, ch. 202, section 15); K.S.A. 1991 Supp. 32-964, as amended by L. 1992, ch. 292, section 1; 74-8103, as amended by L. 1992, ch. 221, section 3; 79-3271; K.S.A. 79-32,153; 79-34,108, as amended by L. 1992, ch. 106, section 30; K.S.A. 1991 Supp. 79-3606, as amended by L. 1992, ch. 202, section 13; K.S.A. 79-4301, Art. IV; L. 1992, ch. 202, sections 2, 3.
Author: Robert T. Stephan
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A city police officer is not entitled to a witness fee for appearing in district court on behalf of the state when the district court is in a city other than the one where the officer is employed, but still within the same county. To the extent it conflicts with the principles stated herein, Attorney General Opinion No. 75-266 is withdrawn. Cited herein: K.S.A. 28-126.
Author: Robert T. Stephan
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Medical costs incurred by an indigent offender before or at the time of arrest are to be borne by the county if the offender is subsequently charged with a violation of state law.
Author: Robert T. Stephan
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A city is only required to make available to the public those records that it makes, maintains, keeps or possesses. A city is not required to prepare a report or conduct an investigation in response to a request for information. A city may charge reasonable fees for providing access to or furnishing copies of public records pursuant to K.S.A. 45-219. Cited herein: K.S.A. 45-216; K.S.A. 1992 Supp. 45-217; K.S.A. 45-219; K.S.A. 45-220.
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 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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Settlements of tort claims against a state agency or its employees must be approved by the state finance council only if payment of the settlement is to be made from the tort claims fund. Finance council "approval" of a settlement not paid from the tort claims fund has no binding effect. Cited herein: K.S.A. 75-3711c; 75-6106; 75-6109; K.S.A. 1990 Supp. 75-6117, as amended by L. 1991, ch. 182, section 6.
Author: Robert T. Stephan
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Pursuant to K.S.A. 1991 Supp. 74-4960, as amended by L. 1992, ch. 321, section 14, and 74-4960a, as amended by L. 1992, ch. 321, section 15, the Kansas public employees retirement system (KPERS) is obligated to make payment of the 10% benefit due a minor child of a disabled member of the Kansas police and firemen's retirement system (KP & F) only to a legally appointed conservator. It is necessary, therefore, that a conservator be appointed for each minor child of the member's family. Unless the divorce decree provides otherwise, a member of KP & F who is making child support payments pursuant to a divorce decree is entitled to credit toward those payments the amount of the 10% benefit paid by KPERS to the conservator of the minor child. If the 10% benefit exceeds the amount owed pursuant to the divorce decree, the excess will be considered a gratuity under the divorce decree. If the court determines that payment of the 10% benefit to a conservator somehow results in a material change in circumstances, the court may modify the order fixing child support. Cited herein: K.S.A. 20-165, as amended by L. 1992, ch. 312, section 1; K.S.A. 1991 Supp. 59-3004; 60-1610, as amended by L. 1992, ch. 273, section 2; 74-4916, as amended by L. 1992, ch. 321, section 8; 74-4927h; 74-4959, as amended by L. 1992, ch. 321, section 13; K.S.A. 74-4960, as amended by L. 1992, ch. 321, section 14; 74-4960a, as amended by L. 1992, ch. 321, section 15.
Author: Robert T. Stephan
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Because the 1986 repeal of the prohibition of diversion for drivers having a blood-alcohol concentration of .20 or higher is remedial legislation, it is to be given retrospective effect. In determining whether diversion is in the interests of justice and the community, the factors to be considered by the city prosecutor are not affected by L. 1986, ch. 185, section 1. Cited herein: K.S.A. 12-4414; K.S.A. 1985 Supp. 12-4415(b)(3), as amended by L. 1986, ch. 185, section 1.
Author: Robert T. Stephan
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Bodies subject to the Kansas open meetings act, K.S.A. 75-4317 e̲t̲ s̲e̲q̲., may conduct executive sessions pursuant to the terms and limitations established by K.S.A. 75-4319. Such bodies may include in some executive sessions those individuals whom the body determines will assist with the executive session discussion. Mere observers may not attend executive sessions. Moreover, K.S.A. 75-4319(b)(2) may only be used to close meetings if the attorney for the body is present, if persons other than the client and the attorney and his or her agents are excluded from the executive session, and if the communication in the executive session is privileged in nature. More than one attorney may be present in an executive session called pursuant to K.S.A. 75-4319(b)(2) if the attorneys represent the public body and the communication in executive session is privileged in nature. Cited herein: K.S.A. 60-246; 74-4903; 75-4317; 75-4319.
