Download or read book Attorney General Opinion No 1982 074 written by Robert T. Stephan and published by . This book was released on 1982 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Despite the state corporation commission's longstanding acquiescence to the filing of rate applications with the commission by rate bureaus on behalf of motor carriers having Kansas intrastate authority, such practice is without basis in law. Kansas statutes neither recognize nor provide for the regulation of rate bureaus. Moreover, nothing in the Kansas statutes provide rate bureaus with immunity from prosecution under Kansas antitrust laws, and it would appear that the collective rate-making activities of rate bureaus constitute a restraint of trade in violation of said laws. However, before this conclusion can be made as a matter of law, an independent investigation of such activities would be necessary. Cited herein: K.S.A. 50-101, 50-112, 50-148, 50-152, 50-157, 66-101, 66-107, 66-1,105, 66-1,112, 66-1,142.

Download or read book Attorney General Opinion No 1982 118 written by Robert T. Stephan and published by . This book was released on 1982 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 74-7001(a) requires that one be professionally qualified as well as hold a license or certificate of authorization from the Board in order to practice any of the technical professions. Therefore, other than the exceptions found in K.S.A. 74-7034 and those which might apply in K.S.A. 74-7035, land surveyors are exclusively authorized to prepare original descriptions of real property for conveyance or recording. Cited herein: K.S.A. 74-7001, 74-7003, 74-7029, 74-7034, 74-7035, 74-7036.

Download or read book Attorney General Opinion No 1983 074 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: In the absence of specific statutory authority, the State Park and Resources Authority is without authority to lease state park lands for the production of oil, gas or other minerals. Cited herein: K.S.A. 55-211, 55-211a, 74-3315, 74-4501, K.S.A. 1982 Supp. 74-4510, K.S.A. 76-164 and 76-514.

Download or read book Attorney General Opinion No 1982 183 written by Robert T. Stephan and published by . This book was released on 1982 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: As amended by L. 1982, ch. 144, section 5, K.S.A. 1981 Supp. 8-1567 provides that a person convicted of a violation of the offense of operating a motor vehicle while under the influence of alcohol may be required to perform public or community service work as an alternative to incarceration or payment of a fine. In assigning the work to be performed, a judge or court services division would be exercising judicial and discretionary functions, respectively, and would be exempt from liability under the Tort Claims Act, K.S.A. 1981 Supp. 75-6101 e̲t̲ s̲e̲q̲. However, as noted by Attorney General Opinion Nos. 81-98 and 82-157, the recipient organization (including local governments and non-profit corporations) may be liable for injuries and damages inflicted or suffered by persons acting within the scope of their designated community service duties. Cited herein: K.S.A. 1981 Supp. 8-1567 (as amended by L. 1982, ch. 144, section 5), K.S.A. 21-4610, K.S.A. 1981 Supp. 75-6102, 75-6104.

Download or read book Attorney General Opinion No 1982 170 written by Robert T. Stephan and published by . This book was released on 1982 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: For purposes of the Kansas Public Employees' Retirement System, the phrase "public school system of another state," as used in K.S.A. 74-4936a, includes public community colleges and area vocational-technical schools, as well as public elementary and secondary schools. Thus, any person who is an employee of a participating employer and a member of the Kansas Public Employees' Retirement System, and who was previously employed in a teaching position with a public elementary or secondary school, or a public community college or area vocational-technical school of another state, may elect, under and to the extent specified by K.S.A. 74-4936a, to purchase additional benefits under the Kansas Public Employees' Retirement System. Attorney General Opinion No. 77-16 is withdrawn. Cited herein: K.S.A. 74-4931, 74-4932, 74-4936a.

Download or read book Attorney General Opinion No 1982 099 written by Robert T. Stephan and published by . This book was released on 1982 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: When the terms of office of current members of the Board of Trustees of the Kansas Public Employees' Retirement System expire on May 1, 1982, vacancies will exist in these offices, but incumbents are entitled to hold over beyond that date as d̲e̲ f̲a̲c̲t̲o̲ officers until their successors are appointed and qualified. Any such successor appointed subsequent to May 1, 1982, shall be appointed to fill the remainder of the term of office expiring four years from May 1, 1982. Cited herein: K.S.A. 74-4905.

Download or read book Attorney General Opinion No 1982 047 written by Robert T. Stephan and published by . This book was released on 1982 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: E̲x̲ O̲f̲f̲i̲c̲i̲o̲ members of the Kansas Water Authority are precluded by K.S.A. 1981 Supp. 74-2622 from voting on matters considered by the Authority, but such members are entitled to participate fully in that body's deliberations regarding such matters. Participation in the Authority's deliberative process includes the ability to make or second a motion, which is but a formalized expression of proposed action, and is not an integral part of the voting process whereby members of the Authority cast their votes to express approval or disapproval. Cited herein: K.S.A. 1981 Supp. 74-2622.

Download or read book Attorney General Opinion No 1982 208 written by Robert T. Stephan and published by . This book was released on 1982 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Kansas Board of Regents lacks authority to postpone repayment of promissory notes made pursuant to K.S.A. 1981 Supp. 74-3247. The postponement of repayment obligations for scholarships to osteopathic medical students authorized by L. 1982, Ch. 378 are inapplicable to the promissory notes made under the older loan program. Cited herein: K.S.A. 1981 Supp. 74-3246, 74-3247, 76-373, 76-375 (as amended by L. 1932, ch. 378), 76-376, 76-377, L. 1982, ch. 378.

Download or read book Attorney General Opinion No 1982 150 written by Robert T. Stephan and published by . This book was released on 1982 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A contract which determines the custody of a child is void as against public policy. Cited herein: K.S.A. 23-128, 23-129, 23-130.

Download or read book Attorney General Opinion No 1982 028 written by Robert T. Stephan and published by . This book was released on 1982 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Crime Victims Reparations Board is required to record proceedings in the event of a disputed claim, and such record of proceedings is available for inspection upon the request of any citizen. However, unless information retained by the Board regarding a claimant is included in such a record of proceedings, the Board is not required to make such information available for public inspection. Cited herein: K.S.A. 74-7307, K.S.A. 1980 Supp. 45-201.

Download or read book Attorney General Opinion No 1982 169 written by Robert T. Stephan and published by . This book was released on 1982 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: As amended by L. 1982, ch. 144, K.S.A. 1981 Supp. 8-1567 contains new provisions for the sentencing of persons who are convicted of operating a vehicle while under the influence of alcohol. Additionally, the act amends K.S.A. 1981 Supp. 8-1001 to admit into evidence the defendant's refusal to take a chemical test for the presence of alcohol. While the act does not specifically provide that these changes will apply only to offenses committed after its effective date of July 1, 1982, such a result is necessary in view of the substantive, as opposed to merely procedural, nature of these two amendments. Accordingly, the above-referenced amendments are applicable only to offenses committed after the effective date of the act. Cited herein: K.S.A. 1981 Supp. 8-1001, 8-1567, both as amended by L. 1982, ch. 144, K.S.A. 21-3102, 22-4618.

Download or read book Attorney General Opinion No 1982 174 written by Robert T. Stephan and published by . This book was released on 1982 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The common law doctrine of incompatibility of offices precludes one person from simultaneously holding the offices of city manager and city treasurer in a city of the second class having a commission-manager form of government. Cited herein: K.S.A. 12-1001, 12-1011, 12-1014, 12-1024.

Download or read book Attorney General Opinion No 1982 175 written by Robert T. Stephan and published by . This book was released on 1982 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 1981 Supp. 8-1567(c), as amended by section 5 of Senate Bill No. 699, establishes penalties for persons convicted of their first violation of the statute. Prior to the 1982 amendment, the subsection authorized a court to punish first time violators by imposing a specified jail sentence or a specified fine, "or by both such fine and imprisonment." In the amended statute, the word "and" replaces the word "or" between the term of imprisonment and the amount of the fine, although the phrase "or by both such fine and imprisonment" is retained. In that the intent of the legislature in altering the disjunctive "or" to the conjunctive "and" was to require both forms of punishment, the additional phrase allowing such is now mere verbiage, and adds nothing to the statute. Cited herein: K.S.A. 1981 Supp. 8-1567, as amended by L. 1982, ch. 144, section 5.

Download or read book Attorney General Opinion No 1982 025 written by Robert T. Stephan and published by . This book was released on 1982 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A certified psychologist may legally receive payment for psychological services rendered by supervised, uncertified assistants, but not for unsupervised uncertified assistants. The supervision of these assistants must comply with the requirements set forth in K.A.R. 102-2-10 (Temporary). Cited herein: K.S.A. 74-5340, K.S.A. 74-5344, K.A.R. 102-2-10 (Temporary).

Download or read book Attorney General Opinion No 1983 054 written by Robert T. Stephan and published by . This book was released on 1983 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: A county hospital organized and operated pursuant to K.S.A. 19-1801 e̲t̲ s̲e̲q̲. may, at the discretion of the board of trustees, establish and fund pension and deferred compensation plans for its employees. If it desires, the board may affiliate with the Kansas Public Employees Retirement System (KPERS) by submitting an application for affiliation under K.S.A. 1982 Supp. 74-4910. Such an application must be approved by a two-thirds vote of the board of trustees, and is irrevocable once it is filed with KPERS. Cited herein: K.S.A. 19-1803, 19-1804, K.S.A. 1982 Supp. 74-4902, 74-4910.

Download or read book Attorney General Opinion No 1982 233 written by Robert T. Stephan and published by . This book was released on 1982 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Section 10 of L. 1982, ch. 144 establishes a state alcohol and drug safety action program, which is funded through an $85 assessment against any person who is convicted of, pleads n̲o̲l̲o̲ c̲o̲n̲t̲e̲n̲d̲e̲r̲e̲ to, or participates in, a diversion program stemming from a violation of K.S.A. 1981 Supp. 8-1567 (as amended by L. 1982, ch. 144, 55). As subsection (n) of the statute (contained in Section 5) provides that a city ordinance on this subject must contain minimum penalties equal to those of the statute, the fee must be assessed against the above three groups of persons in municipal court, as well as in district court, proceedings. While K.S.A. 12-4112 prohibits the assessment of costs in municipal court cases, this general prohibition has been repealed by implication insofar as the specific assessment imposed by the 1982 act is concerned. Attorney General Opinion No. 78-237 is affirmed. Cited herein: K.S.A. 1981 Supp. 8-1567 (as amended by L. 1982, ch. 144, section 5), K.S.A. 12-4112, L. 1978, ch. 323.

Download or read book Attorney General Opinion No 1982 030 written by Robert T. Stephan and published by . This book was released on 1982 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Adjutant General may not exercise his rulemaking powers inconsistent with powers granted the governor regarding federally-subsidized flood insurance, pursuant to K.S.A. 48-938. Cited herein: K.S.A. 48-904, 48-907, 48-923, 48-938, 42 U.S.C.A. section 5121, Pub. L. 93-288 (1974).