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Attorney General Opinion No 1992 074
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Book Synopsis Attorney General Opinion No. 1992-074 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1992-074 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: As it appears no compelling governmental interest is served by the durational residence requirement set forth in K.S.A. 76-1908(b), the requirement results in a violation of the equal protection clause and is therefore unconstitutional. Cited herein: K.S.A. 76-1902b; 76-1908; L. 1889, ch. 235, section 11; U.S. Const., art. I, section 8; U.S. Const., art. IV, section 2; U.S. Const., Amend. XIV.
Book Synopsis Attorney General Opinion No. 1992-128 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1992-128 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Attorney General Opinion No. 1992-154 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1992-154 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 1991 Supp. 74-4921, as amended by L. 1992, ch. 218, section 8, prohibits the board of trustees for the Kansas public employees retirement system (KPERS) from undertaking investments in any banking institution, savings and loan association, or credit union which would position the system as a shareholder or owner of such banking institution, savings and loan association, or credit union. K.S.A. 1991 Supp. 74-4921, as amended, does not prohibit the system from acquiring debt securities of a banking institution, savings and loan association, or credit union. The statute does not prohibit the board of trustees from investing in equity issues of non-banking financial institutions. Nor is the board of trustees prohibited under K.S.A. 1991 Supp. 74-4921, as amended, from investing in a parent company, a subsidiary of which is a banking institution, savings and loan association, or credit union. Cited herein: K.S.A. 1991 Supp. 74-4921, as amended by L. 1992, ch. 218, section 8.
Book Synopsis Attorney General Opinion No. 1992-131 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1992-131 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 1991 Supp. 74-4902 and 74-4932 clearly require that a person be employed in a position requiring 1,000 hours of work per year in order for that person to be considered an eligible employee under KPERS. If a person does not meet this qualification, the person may not participate in KPERS. Cited herein: K.S.A. 1991 Supp. 74-4902; 74-4911, as amended by L. 1992, ch. 321, section 6; K.S.A. 74-4931; K.S.A. 1991 Supp. 74-4932; 74-4935.
Book Synopsis Attorney General Opinion No. 1993-074 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1993-074 written by Robert T. Stephan and published by . This book was released on 1993 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Persons engaged in residency training, as defined by K.S.A. 1992 Supp. 40-3401(r), are entitled to coverage under the Kansas tort claims act for claims which arise from their service to indigent health care clinics, as defined by K.S.A. 1992 Supp. 75-6102(h), as amended, if they are employees of the clinic or if they have entered into the appropriate agreement pursuant to K.S.A. 1992 Supp. 75-6102(f), as amended, and are deemed employees of the state pursuant to K.S.A. 1992 Supp. 75-6120. Cited herein: K.S.A. 1992 Supp. 40-3401; K.S.A. 65-2809, as amended by 1993 S.B. No. 14, sec. 1; 65-4921; K.S.A. 1992 Supp. 75-6102, as amended by 1993 S.B. No. 14, sec. 2; 75-6115, as amended by 1993 S.B. No. 14, sec. 3; 75-6120.
Book Synopsis Attorney General Opinion No. 1992-007 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1992-007 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: When granting a license to practice psychology, the behavioral sciences regulatory board does not have the authority to designate an "area of emphasis" as a restriction or limitation of that license. Accordingly, K.A.R. 102-1-10(b)(4) is void and unenforceable as it exceeds the board's statutory authority. Cited herein: K.S.A. 1990 Supp. 74-5302; 74-5310.
Book Synopsis Attorney General Opinion No. 1992-141 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1992-141 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The whole purpose and policy of Kansas' exemption laws has been to secure to an unfortunate debtor the means to support himself and his family, to keep them from being reduced to absolute destitution and thereby public charges. The spouse of a member of the Kansas public employees retirement system is not to be regarded as one of the parties subject to the anti-alienation provisions set forth in K.S.A. 1991 Supp. 74-4923, as amended by L. 1992, ch. 321, section 10. Therefore, any annuity or benefit earned pursuant to K.S.A. 74-4901 e̲t̲ s̲e̲q̲. may be subject to a decree for the division of property following dissolution of marriage. Cited herein: K.S.A. 74-4901; K.S.A. 1991 Supp. 74-4902; 74-4923, as amended by L. 1992, ch. 321, section 10; L. 1961, ch. 427, section 23; L. 1974, ch. 338, section 1; L. 1982, ch. 152, section 24; L. 1990, ch. 282, section 11; L. 1991, ch. 238, section 3.
Book Synopsis Attorney General Opinion No. 1992-104 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1992-104 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The provisions, both protections and limitations, of the Kansas tort claims act apply to the board of directors of the information network of Kansas established pursuant to K.S.A. 1991 Supp. 74-9301 e̲t̲ s̲e̲q̲. Cited herein: K.S.A. 1991 Supp. 74-9301; 74-9302; 74-9304; 74-9308; K.S.A. 75-6101; K.S.A. 1991 Supp. 75-6102; K.S.A. 75-6103; K.S.A. 1991 Supp. 75-6104.
Book Synopsis Attorney General Opinion No. 1994-140 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1994-140 written by Robert T. Stephan and published by . This book was released on 1994 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The provisions of K.S.A. 74-8910, as amended by L. 1994, ch. 223, sec. 2, will protect the directors, employees and officers of the Kansas development finance authority from personal liability for conduct arising out of their service to the authority, as long as it is not willful or intentionally tortuous. The directors of the authority are not, however, protected under the tort claims act. Cited herein: K.S.A. 40-4403, repealed, L. 1994, ch. 32, sec. 2; 40-4405 repealed, L. 1994, ch. 32, sec. 2; 74-8903; 74-8910, as amended by L. 1994, ch. 223, sec. 2; K.S.A. 1993 Supp. 75-6102, as amended by L. 1994, ch. 343, sec. 1; K.S.A. 75-6103; L. 1994, ch. 223, sec. 2; K.S.A. 74-8910 (Furse 1992).
Book Synopsis Attorney General Opinion No. 1992-026 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1992-026 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The crime victims compensation board may properly consider for compensation those applications submitted by or on behalf of individuals deemed by established board policy described herein to be secondary victims. Cited herein: K.S.A. 1991 Supp. 74-7301; 74-7302; 74-7304; 74-7333; 1978 House Bill No. 2163.
Book Synopsis Attorney General Opinion No. 1992-056 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1992-056 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Attorney General Opinion No. 1992-159 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1992-159 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Practitioners licensed by the board of healing arts are exempt from K.S.A. 74-5801 e̲t̲ s̲e̲c̲., regulating the fitting and dispensing of hearing aids, when they are providing treatment or fitting a hearing aid. The exemption does not apply if such practitioners are engaged in the sale of hearing aids. Cited herein: K.S.A. 65-2802; 74-5808; 74-5810.
Book Synopsis Attorney General Opinion No. 1992-137 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1992-137 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Attorney General Opinion No. 1992-151 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1992-151 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Book Synopsis Attorney General Opinion No. 1993-132 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1993-132 written by Robert T. Stephan and published by . This book was released on 1993 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Any information maintained and kept by a public agency is considered part of the public record, irrespective of the original source of the information or the purposes of record keeping. Insurance information in the possession of the division of vehicles is part of a public record. The division of vehicles is required by statute to charge a fee for disclosing information concerning the insurance coverage of any licensed driver. However, a data processor, under contract, is not seeking to inspect or to obtain copies of public records; its sole purpose is to manipulate the database and develop new programs for easier access. Therefore, such an entity is not a requester of public records within the meaning of the KORA and the department of revenue is not required to charge the entity pursuant to the KORA or other statutes listed herein. Citedherein: K.S.A. 1992 Supp. 45-217; K.S.A. 45-219; 74-2012; 74-9301; 74-9302; 74-9304.
Book Synopsis Attorney General Opinion No. 1992-076 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1992-076 written by Robert T. Stephan and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 1992 Senate Bill No. 472, amending K.S.A. 1991 Supp. 74-8704 of the Kansas lottery act to prohibit advertising or promotion of the lottery at amateur athletic events, is not an unlawful restraint of trade. The Sherman act does not prohibit a state's actions taken in its governmental capacity as sovereign regulator. Cited herein: K.S.A. 1991 Supp. 74-8704, as amended by 1992 S.B. No. 472, section 1(b); 15 U.S.C. sections 1, 2.
Book Synopsis Attorney General Opinion No. 1991-074 by : Robert T. Stephan
Download or read book Attorney General Opinion No. 1991-074 written by Robert T. Stephan and published by . This book was released on 1991 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The word "access" as used in the Kansas protection from abuse act does not connote "legal access" to the residence. If at any time in the past persons resided together the act is applicable. Cited herein: K.S.A. 1990 Supp. 60-3101; 60-3102.
