Author: Carla J. Stovall
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K.S.A. 25-3801 provides that no committeeman or committeewoman may be appointed to fill a vacancy occurring because the political party had no candidate at the primary election until after the election or reelection of the county central committee's chairperson. The provision regulates the internal governance of the party and must, therefore, be narrowly tailored to serve a compelling State interest. In the absence of such interest, it violates the First and Fourteenth Amendment associational rights of political parties. Cited herein: K.S.A. 19-203; 19-303; 19-504; 19-715; 19-804; 19-1203; K.S.A. 1997 Supp. 25-213; K.S.A. 25-3801; K.S.A. 1997 Supp. 25-3902; 25-3902a; K.S.A. 25-3903; K.S.A. 1997 Supp. 25-3904; 25-3904a; K.S.A. 25-3905; 25-3906; U.S. Const., Amend. I, XIV; L. 1990, Ch. 131, section 1; L. 1972, Ch. 129; 1972 Substitute for Senate Bill No. 161.
Author: Carla J. Stovall
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The provisions of 1999 Senate Bill No. 288 do not violate the Free Speech Clause of the First Amendment to the United States Constitution or Section 11 of the Bill of Rights of the Kansas Constitution, nor do they violate the Equal Protection Clauses of the United States and Kansas Constitutions. Cited herein: 1999 Senate Bill No. 288; Kan. Const., Bill of Rights, sections 1, 2, 11; U.S. Const., Amend. 1, 14.
Author: Carla J. Stovall
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Languages : en
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Levying a tax to make provision for a capital improvement fund established pursuant to K.S.A. 1999 Supp. 12-1935 requires voter approval. There is no other requirement in K.S.A. 1999 Supp. 12-1935 that voter approval be obtained prior to the Blue Valley Recreation Commission (Blue Valley) expending monies in its capital improvement fund to purchase real property or make other capital improvements designated in the statute. While Blue Valley is not required to obtain voter approval prior to allocating the monies in its capital improvement fund when the monies are spent for those purposes authorized in K.S.A. 1999 Supp. 12-1935, Blue Valley is required to obtain the approval of the Board of Education for Unified School District No. 229 prior to purchasing any real property. Blue Valley may not establish or use a fund other than its capital improvement fund for the purchase of real property or payment for capital improvement projects listed in K.S.A. 1999 Supp. 12-1935. Cited herein: K.S.A. 1999 Supp. 10-1101; K.S.A. 12-1922; K.S.A. 1999 Supp. 12-1927; 12-1928; 12-1935; K.S.A. 79-2925; 79-2927; 79-2934; 79-2937; Kan. Const., Art. 11, section 5; L. 1994, Ch. 150, sections 3, 4.
Author: Carla J. Stovall
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Languages : en
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Government imposed content-based restrictions on speech are generally impermissible under the first amendment. However, a carefully crafted racial and sexual discrimination and harassment policy that is directed at conduct violative of title VI, title VII or title IX may indirectly regulate speech that is "swept up incidentally within" the policy's reach. Cited herein: 20 U.S.C.A. section 1681; 42 U.S.C.A. sections 2000d, 2000e; 29 C.F.R. section 1604.11.
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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Languages : en
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The Legislature may, under Article 11, Section 1 of the Kansas Constitution, define the term "public utility" for purposes of property tax classification, as long as the legislative definition remains consistent with the commonly understood meaning of the term. Common definitions of the term "public utility" in 1985 and 1986, the years the Classification Amendment was framed and adopted, generally included characteristics such as provision of an essential service or commodity to the public on a nondiscriminatory basis and having a franchise, eminent domain powers or other ability to acquire and use private property for a public purpose. Cited herein: K.S.A. 1998 Supp. 66-104; K.S.A. 79-5a01; Kan. Const., Art. 11, section 1; 1999 H.B. 2400, section 13; L. 1986, Ch. 371, section 1; L. 1983, Ch. 314, section 1; L. 1969, Ch. 434, section 1.
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: Carla J. Stovall
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Languages : en
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K.S.A. 8-173, as amended by L. 1999, Ch. 162, section 10, does not require a county treasurer to keep a copy of the proof of insurance provided by an applicant for registration of a motor vehicle. A facsimile copy of proof of insurance may be accepted by a county treasurer when registering a motor vehicle; however, proof of insurance may not be made by telephone. An applicant for motor vehicle registration must provide proof of insurance in addition to a certificate signed by the applicant. Liability of county treasurers or their employees arising out of their motor vehicle registration duties cannot be determined absent specific facts. Because county treasurers are county officers and their employees are county employees, generally the county or the county's insurance company would provide for their defense. Cited herein: K.S.A. 8-129; K.S.A. 1998 Supp. 8-145, as amended by L. 1999, Ch. 114, section 4; K.S.A. 8-173, as amended by L. 1999, Ch. 162, section 10; K.S.A. 19-501; 75-6103; 75-6108, as amended by L. 1999, Ch. 72, section 1.
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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K.S.A. 1998 Supp. 1-316 does not prohibit a Kansas certificate holder who does not have a Kansas certified public accountant permit from using the C.P.A. designation in conjunction with performing nonattest services for the public. Moreover, K.A.R. 74-4-1 and 74-5-2(l) which purport to require a certificate holder to obtain a permit if such person uses the C.P.A. designation in conjunction with performing nonattest services for the public, are inconsistent with K.S.A. 1998 Supp. 1-316 and are, therefore, invalid to that extent. Cited herein: K.S.A. 1998 Supp. 1-202; 1-302; 1-302b; 1-310; 1-311; 1-316.
