Attorney General Opinion No. 1982-074 PDF Download
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Author: Robert T. Stephan
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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.
Author: Robert T. Stephan
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Languages : en
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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.
Author: Robert T. Stephan
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Languages : en
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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.
Author: Robert T. Stephan
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Languages : en
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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.
Author: Robert T. Stephan
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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.
Author: Robert T. Stephan
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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.
Author: Robert T. Stephan
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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.
Author: Robert T. Stephan
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Languages : en
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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.
Author: Robert T. Stephan
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Languages : en
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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.
Author: Robert T. Stephan
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Languages : en
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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.
Author: Robert T. Stephan
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Languages : en
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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.
