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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 Attorney General Opinion No. 77-16 is withdrawn.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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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 Attorney General Opinion No. 77-16 is withdrawn.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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An attorney, appointed to represent an indigent defendant under the Kansas Indigent Defense Services Act, may accept compensation for such services from private sources as long as the attorney complies with the Act's requirements regarding such compensation. The Act requires the appointed attorney to report to the court the availability of private funds sufficient to fully pay for representation of a defendant and to seek permission to either withdraw from the case or to accept compensation. K.S.A. 1982 Supp. 22-4507 requires an attorney to report any partial compensation received to the Board of Indigents Defense Services when he or she submits a claim for compensation under the Act. K.S.A. 1982 Supp. 22-4510 does not prohibit the acceptence of such compensation as long as the attorney acts as authorized or directed under the Act. Cited herein: K.S.A. 1982 Supp. 22-4501, 22-4503, 22-4507, 22-4510, L. 1976, ch. 169; 18 U.S.C. section 3006A.
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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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.
Author: Robert T. Stephan
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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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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.
Author: Robert T. Stephan
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As amended by 1982 Senate Bill No. 699, K.S.A. 1981 Supp. 8-1567 provides [at subsection (n)] that a city may enact an ordinance which prohibits or makes unlawful the same acts as are dealt with by the statute, provided that the ordinance's minimum penalties are the same as the statutes for any given violation, and the ordinance's maximum penalty does not exceed that of the statute. Apart from these limits, K.S.A. 1981 Supp. 8-1567 as amended does not preempt a city from taking action in this area. As amended by 1982 Senate Bill No. 699, K.S.A. 1981 Supp. 8-1567(c), (d) and (e) prohibit a prosecuting attorney from entering into any plea-bargaining agreement by which a defendant enters a guilty or no contest plea to a lesser offense than that originally charged. While no sanctions against such conduct exist under the statute, provisions of the general ouster law could be applied against prosecuting attorneys who violate the prohibition against plea-bargaining. Cited herein: K.S.A. 1981 Supp. 8-1567, as amended by 1982 Senate Bill No. 699, K.S.A. 22-2907, 22-2908.
Author: Robert T. Stephan
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The Wichita State University Endowment Association is a private nonprofit corporation which is not an "agency" of the State of Kansas for purposes of the Kansas Public Records Act, nor is it substantially controlled by Wichita State University within the meaning of K.S.A. 76-721. However, otherwise public records in the custody of the Association retain their character as public records and must be made available in accordance with K.S.A. 45-201 e̲t̲ s̲e̲q̲. Cited herein: K.S.A. 17-6804, 17-6805, 17-7504, 45-201, 76-3a07, 76-3a09, 76-3a16, 76-721, 26 U.S.C.A. section 170.
Author: Robert T. Stephan
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Neither K.S.A. 12-1222 nor the common law doctrine of incompatibility of offices precludes a person from simultaneously being the county register of deeds and a member of a city's library board. Cited herein: K.S.A. 12-1218 and 12-1222.
Author: Robert T. Stephan
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The common law doctrine of incompatibility of offices precludes one person from simultaneously holding the offices of city councilman in a city of the third class and a township officer in the township which contains such city. Attorney General Opinion No. 75-50 is withdrawn. Cited herein: K.S.A. 15-104, 25-1606, 80-1502, L. 1982, ch. 63.
