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.

Download or read book Attorney General Opinion No 1991 076 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: Under the provisions of K.S.A. 1990 Supp. 20-2619, a judge may elect to continue to participate in the retirement system for justices and judges after leaving service as a judge in certain circumstances. Because the classification created in the statute fails to advance an objective of the retirement system, the classification fails to meet the minimum rationality or reasonable basis test. Also, the benefits conferred pursuant to K.S.A. 1990 Supp. 20-2619 constitute payment of public funds to a private individual in violation of the public purpose doctrine. As such, the statute is unconstitutional. Contributions remitted pursuant to K.S.A. 1990 Supp. 20-2619 and K.S.A. 1990 Supp. 74-4911e are overpayments to the Kansas public employees retirement fund and may be reimbursed pursuant to K.S.A. 1990 Supp. 74-4921. Cited herein: K.S.A. 20-2601; 20-2601a; 20-2602b; K.S.A. 1990 Supp. 20-2603; K.S.A. 20-2606; K.S.A. 1990 Supp. 20-2619; K.S.A. 74-4901; K.S.A. 1990 Supp. 74-4909; 74-4911b; 74-4911e; 74-4911f; 74-4921; K.S.A. 74-4951; K.S.A. 1990 Supp. 74-4998g; Kan. Const., Bill of Rights, sections 1, 2; U.S. Const., 14th Amend., section 1.

Download or read book Attorney General Opinion No 1991 139 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 term "general public" as used in K.S.A. 1990 Supp. 74-7501 which specifies the composition of the behavioral sciences regulatory board refers to any person who is not a licensed psychologist or a licensed social worker. Cited herein: K.S.A. 1990 Supp. 74-7501; K.S.A. 74-7502.

Download or read book Attorney General Opinion No 1991 013 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: Under K.S.A. 1990 Supp. 74-4914(6), a retirant who retired on or after July 1, 1988, and is employed or appointed in or to any position or office for which compensation for service is paid, in an amount equal to $6,000 or more in any one calendar year, by any participating employer for which such retirant was employed or appointed during the final two years of such retirant's participation, may not receive any retirement benefit for any month for which such retirant serves in such position or office. Retirants employed as substitute teachers or officers, employees, appointees or members of the legislature, or any other elected officials are exempt from application of K.S.A. 1990 Supp. 74-4914(6). The classifications set forth in the statute need have only a rational basis to the purpose of the legislation to be deemed valid classifications. Because legislative classifications have a presumption of constitutionality and no evidence which would override such a presumption has been presented, the classifications set forth in K.S.A. 1990 Supp. 74-4914(6) are not deemed to violate the equal protection clauses of the United States constitution and Kansas constitution. Cited herein: K.S.A. 74-4901; K.S.A. 1990 Supp. 74-4914; K.S.A. 74-4929; Kan. Const., Bill of Rights, sections 1, 2; U.S. Const., 14th Amend., section 1.

Download or read book Attorney General Opinion No 1991 157 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: It is our opinion that, pursuant to the definitions of public record and public agency set forth at K.S.A. 45-217, and in accordance with the declarations set forth in K.S.A. 1-401, working papers created, maintained and in the possession of a private CPA firm, whose only connection with a public entity is a service contract entered into pursuant to K.S.A. 1990 Supp. 46-1122, are records which are not subject to the provisions of the Kansas open records act (KORA). However, post audit may review such working papers in accordance with the oversight duties dictated by K.S.A. 1990 Supp. 46-1127(a), the access powers of the division of legislative post audit and as recognized by general legal principles applicable to the accountant/client relationship. Access to or review of CPA working papers by post audit does not automatically alter the nature of the records for purposes of the open records act. If copies of records are provided to post audit, records in the possession of post audit must be closed by post audit if the records in question are subject to a duty of confidentiality. Cited herein: K.S.A. 1-401; 45-215; 45-217; K.S.A. 1990 Supp. 45-221, as amended by L. 1991, ch. 149, section 12; K.S.A. 46-1101; K.S.A. 1990 Supp. 46-1106; 46-1108; 46-1114; 46-1122; K.S.A. 46-1127; K.A.R. 74-5-101; 74-5-105.

Download or read book Attorney General Opinion No 1991 128A 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: Annual spouse's benefits, post retirement benefit adjustments and retirant dividend payments applicable to individuals comprising the B̲r̲a̲z̲e̲l̲t̲o̲n̲ class are based on the amount of benefit received from the Kansas police and firemen's retirement system (KP & F). The computations for annual spouse's benefit, post retirement benefit adjustment and retirant dividend payment are not based on benefits received by the member or the spouse from social security. Cited herein: K.S.A. 1977 Supp. 74-4902, as amended by L. 1978, ch. 319, section 1; K.S.A. 1990 Supp. 74-4927; K.S.A. 74-4943; 74-4951; K.S.A. 1990 Supp. 74-4958; K.S.A. 74-4965, as amended by L. 1974, ch. 343, section 1; K.S.A. 1974 Supp. 74-4966, as amended by L. 1975, ch. 412, section 1; K.S.A. 74-49,109; 74-49,110; 74-49,111; L. 1991, ch. 237, section 19.

Download or read book Attorney General Opinion No 1993 005 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: As used in K.S.A. 1991 Supp. 74-7301, personal injury means an injury affecting one's physical and mental person; an injury giving rise to a personal action at law. Cited herein: K.S.A. 1991 Supp. 74-7301.

Download or read book Attorney General Opinion No 1991 014 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: Under the provisions of K.S.A. 1990 Supp. 74-4911e, a former elected official may elect to continue to participate in the Kansas public employees retirement system (KPERS) after leaving service as an elected official provided the former elected official: (1) was an elected official on or after January 1, 1985; (2) was a member of KPERS during service as an elected official; (3) does not immediately become an employee of another participating employer; and (4) files the proper notice of election in the office of the executive secretary of KPERS. No other elected officials or employees are permitted to make such an election. Because such a classification does not enable employees to accumulate reserves for themselves and their dependents for old age, death and termination of employment, and insure a fiscally solvent retirement system, the purposes for which KPERS was established, the classification does not advance the objectives of the Kansas public employees retirement act. The classification does not meet the reasonable basis test and therefore violates the equal protection clauses of the United States and Kansas constitutions. Cited herein: K.S.A. 74-4901; K.S.A. 1990 Supp. 74-4902; K.S.A. 74-4910; K.S.A. 1990 Supp. 74-4911e; 74-4913; 74-4916; K.S.A. 74-4929; 74-4991; K.S.A. 1990 Supp. 74-4992; 74- 4998b; Kan. Const., Bill of Rights, sections 1, 2; U.S. Const., 14th Amend., section 1.

Download or read book Attorney General Opinion No 1991 024 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: Enforcement of the governmental ethics act against the employees of interstate agencies by criminal prosecution is not favored by the law. The terms of the interstate compact or agreement take precedence over the unilateral actions of any single member state. Cited Cited [sic] herein: K.S.A. 2-3101; 12-2514; 12-2524; K.S.A. 1990 Supp. 46-247; K.S.A. 46-215, e̲t̲ s̲e̲q̲.; 48-2001; 65-34a01; 72-6011; 79-4301; 82a-528; 82a-529; K.S.A. 1990 Supp. 74-8731; U.S. Const., Art. 1, section 10, cl. 3.

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.

Download or read book Attorney General Opinion No 1991 103 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: Provided the activities or services of a rabbi, priest, minister, or clergy person are within the scope of the performance of such individual's regular or specialized ministerial duties, such individual need not be registered by the behavioral sciences regulatory board. The crime victims compensation board may accept as an allowance expense payable by the board a statement for counseling services provided by a rabbi, priest, minister, or clergy person who is not registered with the behavioral sciences regulatory board. Cited herein: K.S.A. 1990 Supp. 65-5801; 65- 5803; 65-5804; 65-5812; 65-6301; 74-5301; 74-5361; 74-7301; 74-7302.

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.

Download or read book Attorney General Opinion No 1991 128A written by Robert T. Stephan and published by . This book was released on 1991 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Annual spouse's benefits, post retirement benefit adjustments and retirant dividend payments applicable to individuals comprising the B̲r̲a̲z̲e̲l̲t̲o̲n̲ class are based on the amount of benefit received from the Kansas police and firemen's retirement system (KP & F). The benefit received from KP & F does not include that amount equal to one-half of the benefits received from social security by the member which is offset from the amount of benefit due from KP & F. The computations for annual spouse's benefit, post retirement benefit adjustment and retirant dividend payment may not include that amount which is offset from the amount of benefit due from KP & F. To the extent contrary to the principles stated herein, Attorney General Opinion No. 91-128 is hereby withdrawn. Cited herein: K.S.A. 1977 Supp. 74-4902, as amended by L. 1978, ch. 319, section 1; K.S.A. 1990 Supp. 74-4927; K.S.A. 74-4943; 74-4951; K.S.A. 1990 Supp. 74-4958; K.S.A. 74-4965; 74-4966 (as they exited in 1974); K.S.A. 74-49,109, 74-49,110; 74-49,111; L. 1974, ch. 343, sections 1, 2; L. 1975, ch. 412, section 1; L. 1980, ch. 233, section 7; L. 1991, ch. 237, section 19.

Download or read book Attorney General Opinion No 1991 041 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: K.A.R. 74-5-103 prohibits certified public accountants (CPAs) from paying a commission to obtain a client and from accepting a commission for referring a client to products or services of others. The regulation promulgated pursuant to state authorization is immune from antitrust law challenge under the state action doctrine. Cited herein: K.S.A. 1990 Supp. 1-202.

Download or read book Attorney General Opinion No 1991 115 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: K.S.A. 76-746, the reduced-service program for regents' institutions' faculty members, discriminates against faculty members 65 years of age and older. Since it does not meet the "equal benefit or equal cost" test and is not consistent with the purposes of the age discrimination in employment act (ADEA), it is not excepted from the act pursuant to the older workers benefit protection act and would be found to violate the ADEA. Cited herein: K.S.A. 1990 Supp. 74-4925, as amended by L. 1991, ch. 237, section 2; K.S.A. 76-746; K.A.R. 88-12-1; 29 U.S.C. sections 621, 623; 29 C.F.R. section 1625.10.

Download or read book Attorney General Opinion No 1991 018 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 Kansas state board of nursing may issue policy statements to promote improved nursing standards. Such statements are not rules, and do not have the force and effect of law, unless promulgated pursuant to the rules and regulations filing act. Cited herein: K.S.A. 1990 Supp. 74-1106; K.S.A. 77-415.

Download or read book Attorney General Opinion No 1991 032 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: Generally, marital relationships between governmental officers or employees are not p̲e̲r̲ s̲e̲ prohibited by Kansas law. Kansas conflict of interest laws prohibit certain interaction with or activities involving entities in which a public officer or employee has a substantial interest. These conflict of interest laws do not preclude an individual from serving as a public officer or employee. Because the appointment in question is for a court personnel position, statutes concerning that position and the judicial rules and canons should also be considered in making such an appointment. Cited herein: K.S.A. 13-2903; 14-537; 20-342; 20-343; 46-215; 46-221; 46-231; 46-233; 46-239; K.S.A. 1990 Supp. 46-247; K.S.A. 74-605; K.S.A. 1990 Supp. 75-4301a; 75-4304.