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 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 1983 042 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: The preparation of a legal description of real property which conveys Lot 18, and the west 10 feet of Lot 17, in a certain subdivision situated in the city of Salina, does not constitute the "practice of land surveying," as said term is defined in K.S.A. 74-7003(k). Therefore, a real estate broker need not be licensed as a land surveyor in order to prepare such a description. Cited herein: K.S.A. 74-7003(k).

Download or read book Attorney General Opinion No 1983 072 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: To become a certified arson investigator and exercise the police powers attendant thereto, an individual must meet the requirements established by rules and regulations of the state fire marshal and successfully complete a firearm training course as prescribed for law enforcement officers under K.S.A. 1982 Supp. 74-5604a. An individual need not complete the basic training course established for law enforcement officers in accordance with K.S.A. 74-5607a in order to be certified as an arson investigator. An individual employed as an arson investigator prior to July 1, 1982, need not receive certification from the fire marshal to continue such employment; however, such an individual is not empowered by K.S.A. 1982 Supp. 31-157 to carry out the police powers afforded to certified arson investigators. Cited herein: K.S.A. 1982 Supp. 31-157, 74-5601, 74-5604a and 74-5607a.

Download or read book Attorney General Opinion No 1984 074 written by Robert T. Stephan and published by . This book was released on 1984 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Section 3 of chapter 358 of the session laws of 1984 makes it unlawful for any person to sell or distribute smokeless tobacco to any person under the age of 18 years. Smokeless tobacco includes any tobacco product which is suitable for chewing, as defined by K.S.A. 79-3370. Unlike the cereal malt beverage laws at K.S.A. 41-2701 e̲t̲ s̲e̲q̲., the new act contains no prohibition on either the possession of smokeless tobacco by persons under the age of 18 or the dispensing by minors of such products. Accordingly, it is not a violation of the law for a retailer who sells such products to employ minors who assist in the handling or sale of smokeless tobacco. Cited herein: K.S.A. 41-2708, K.S.A. 1983 Supp. 41-2721, K.S.A. 79-3370, L. 1984, ch. 358.

Download or read book Attorney General Opinion No 1983 134 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: Neither the Kansas Constitution nor current statutes preclude investments by the Kansas Public Employees Retirement System or the State Pooled Money Investment Board in banks or corporations doing business with, or having investments in, the country of South Africa. Until both the Kansas legislature and the governor approve legislation to limit such investments, these public agencies are free to make otherwise prudent investments. Cited herein: K.S.A. 17-5004, 44-1001, 44-1002, 44-1009, 44-1015, 44-1016, 44-1017, 44-1027, 74-4901, K.S.A. 1982 Supp. 74-4909, K.S.A. 74-4921, K.S.A. 1982 Supp. 75-4221a, K.S.A. 75-4254, 1982 Senate Resolution No. 1874, 1983 House Resolution No. 6056, 1983 House Resolution No. 6055, Kan. Const., Art. 2, section 20, U.S. Const., Art. VI, Cl. 2.

Download or read book Attorney General Opinion No 1983 178 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: Criminal pretrial proceedings must be conducted in the county of venue unless the governing statute specifically permits the proceeding to be conducted in another county. A pretrial proceeding conducted in a county other than the county of venue, without specific statutory authorization therefor, unless waived, is void for lack of jurisdiction. Cited herein: K.S.A. 22-2901, K.S.A. 22-2902, Kan. Const., Bill of Rights section 10.

Download or read book Attorney General Opinion No 1984 104 written by Robert T. Stephan and published by . This book was released on 1984 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Reserve police officers are not law enforcement officers but rather persons who assist law enforcement officers, and therefore fall within the general prohibition against carrying concealed firearms when off duty. K.S.A. 1983 Supp. 21-4201(1)(d). They may carry concealed firearms when on duty or during those hours they are actively engaged in assisting law enforcement officers. Cited herein: K.S.A. 19-805b, 21-3110, K.S.A. 1983 Supp. 21-4201, 74-5602.

Download or read book Attorney General Opinion No 1984 037 written by Robert T. Stephan and published by . This book was released on 1984 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: K.S.A. 1983 Supp. 74-5005(j) and 74-5033 provide specific authority for the Secretary of Economic Development to enter into contracts to publicize information concerning the recreational, historic and natural advantages of the state. Thus, the Secretary of the Department of Economic Development has the power to enter into contracts to allow the dissemination of tourism information, v̲i̲a̲ computer terminal outlets at various locations in the state. Cited herein: K.S.A. 1983 Supp. 74-5005 and 74-5033.

Download or read book Attorney General Opinion No 1983 013 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: Pursuant to the State Water Plan Storage Act, K.S.A. 82a-1301 e̲t̲ s̲e̲q̲., the Kansas Water Resources Board and its successor, the Kansas Water Office, are empowered to enter into contracts for the withdrawal and use of waters held in storage by the state. Waters so withdrawn and used by a purchaser are subject to a charge fixed by the respective state agency not less than 5 cents nor more than 10 cents per one thousand gallons of water. Such contracts, which may have a term of up to 40 years, must contain a provision by which such charges are reviewed at least every ten years, although the parties to the contract can agree to a more frequent review. Although the Water Office may establish on an annual basis the rate used for all contracts entered into during that year (K.S.A. 82a-1308), such rate may not be altered thereafter, except as provided by the contract. Accordingly, the provisions of 1983 Senate Bill No. 61 which provide for annual adjustments of the water charge may not be applied to contracts entered into and approved by the legislature prior to the effective date of the bill. Cited herein: K.S.A. 1982 Supp. 74-2615, K.S.A. 82a-1305, 82a-1306, 82a-1308, 82a-1316, 1983 Senate Bill No. 61.

Download or read book Attorney General Opinion No 1984 067 written by Robert T. Stephan and published by . This book was released on 1984 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: No state statute proscribes a mandatory retirement age for current employees of unified school districts or community colleges. Thus, it is improper for a board of education or board of trustees to rely upon the mandatory retirement age provisions of K.S.A. 72-5512 or 74-4937 (Weeks, 1980, now repealed,) as the basis for not renewing the employment contract of a faculty member. Additionally, during the term of a negotiated agreement reached under the Teachers' Professional Negotiations Law, a board of education or board of trustees, acting unilaterally, may not make changes in any item which is mandatorily-negotiable, such as the matter of retirement. Moreover, this is true even though the item was not noticed for negotiation and was neither discussed during negotiations nor included in the resulting agreement. Cited herein: K.S.A. 72 -5413(l)(1), 72-5501(d), 72-5512, 74-4931, 74-4937 (Weeks, 1980, now repealed), K.S.A. 1983 Supp. 74-4937; L. 1983, ch. 254, section 15; L. 1971, ch. 232, section 1(d)(7); L. 1970, ch. 326; L. 1941, ch. 341.

Download or read book Attorney General Opinion No 1984 079 written by Robert T. Stephan and published by . This book was released on 1984 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The law enforcement training schools that are to be certified annually under K.S.A. 1983 Supp. 74-5604a(a), are those training schools of state or local law enforcement agencies only. A law enforcement training program which is offered solely as an approved course of a community college and which is not provided on behalf of a law enforcement agency pursuant to a duly authorized contract, is not eligible for certification as a state or local law enforcement agency training school. Any state law enforcement agency and any community college are granted authority by K.S.A. 1983 Supp. 75-3099 to enter into an agreement for the community college to provide instruction on behalf of the state law enforcement agency. A law enforcement training program which is provided by a community college pursuant to such an agreement would be eligible for certification under K.S.A. 1983 Supp. 74-5604a(a). However, boards of trustees of the state's community colleges have not been granted the authority to contract with lo̲c̲a̲l̲ law enforcement agencies to provide instruction on behalf of such agencies. Consequently, a local law enforcement agency training school cannot be conducted by a community college. Cited herein: K.S.A. 1983 Supp. 71-201, as amended by L. 1984, ch. 256, section 1; 74-5604a; 75-3099.

Download or read book Attorney General Opinion No 1990 077 written by Robert T. Stephan and published by . This book was released on 1990 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The Kansas law enforcement training act, K.S.A. 74-5601 e̲t̲ s̲e̲q̲., does not currently require that a person attending a training course be 21 years of age. However, a person cannot be certified by the commission or perform law enforcement functions until he or she reaches age 21. Cited herein: K.S.A. 1989 Supp. 74-5602; 74-5605; 74-5607a; 74-5616; 74-5616a; 74-5617; K.S.A. 74-5618; K.S.A. 74-5605a, repealed L. 1985, ch. 258, section 1; L. 1982, ch. 322, section 6; L. 1983, chs. 256, 257.

Download or read book Attorney General Opinion No 1984 062 written by Robert T. Stephan and published by . This book was released on 1984 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Parking service officers at the University of Kansas who engage in traffic control as part of their duties are contained within the definition of police officer or law enforcement officer found at K.S.A. 1983 Supp. 74-5602(e), and so are covered by the training provisions of the Law Enforcement Training Center Act, K.S.A. 1983 Supp. 74-5601 e̲t̲ s̲e̲q̲. If such officers are employed by the University for 1,000 or more hours per year, they are full-time employees for the purposes of the act, despite performing traffic control as only a small part of their duties, and therefore must comply with the instructional requirements of the act for full-time employees. Cited herein: K.S.A. 8-1450, K.S.A. 1983 Supp. 74-5602, 74-5604a.

Download or read book Attorney General Opinion No 1983 130 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: Computer-produced interpretations of psychological tests are not "psychological assessments." Pursuant to subsection (a) of K.S.A. 74-5344, qualified members of other professional groups (i.̲e̲.̲, professionals who are not certified psychologists) may utilize psychological tests and interpretations, provided that such work is consistent with their training and with any applicable professional code of ethics, and provided that said professionals do not hold themselves out to the public by any title or description of services incorporating the words "psychologic," "psychological," "psychologist," or "psychology." The fact that a certified psychologist signs a report actually produced by a computer does not, ip̲s̲o̲ f̲a̲c̲t̲o̲, violate K.A.R. 1982 Supp. 102-1-10(b)(7). However, where a review of the entire report, and the facts surrounding its preparation and presentation to the client, indicate that the certified psychologist "took credit" for the work product of a computer, it might properly be alleged (in a proceeding to suspend or revoke a certified psychologist's certification) that there has been a violation of said regulatory provision. Persons administering computerized psychological tests who report reactions, responses and behaviors of the test taker are uncertified assistants within the scope of K.A.R. 102-1-11. K.A.R. 1982 Supp. 102-1-11 is not applicable to computers or computer programs. However, licensed psychologists utilizing computerized psychological tests must comply with the acceptable standards of practice regarding psychological testing generally to comply with K.A.R. 1982 Supp. 102-1-10. Cited herein: K.S.A. 74-5302, 74-5344, K.A.R. 1982 Supp. 102-1-1, 102-1-10, 102-1-11.

Download or read book Attorney General Opinion No 1983 186 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: For purposes of civil proceedings under the Code for Care of Children, the legislature defined types of behavior which would constitute sexual abuse by reference to sex offenses in the criminal code, however, it did not thereby intend to adopt a criminal definition of sexual abuse. Thus, while certain acts described as sex offenses in the criminal statutes may not be punishable crimes if committed with a child age 16 years or older; those same acts may constitute abuse of that child under the definition of that term in the Code for Care of Children. Cited herein: K.S.A. 21-3501, 21-3503, 21-3504 as amended by L. 1983, ch. 109; 21-3509, 21-3510, 21-3511, 21-3516, K.S.A. 1982 Supp. 38-1502 as amended by L. 1983, ch. 140, 42 U.S.C. sections 5102, 5104, 45 C.F.R. section 1340.2, 1340.14, 48 Fed. Reg. 3698 (January 26, 1983).

Download or read book Attorney General Opinion No 1983 175 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: K.S.A. 1982 Supp. 79-201k, which exempts aircraft used actually, regularly and exclusively in business or industry from property or ad valorem taxes, is not unconstitutional as a matter of law on the ground that the law lacks a rational basis. Cited herein: K.S.A. 1982 Supp. 79-201k, Kan. Const., Bill of Rights section 1, U.S. Const., Amend. XIV.