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Author: Robert T. Stephan
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K.S.A. 1991 Supp. 74-4921, as amended by L. 1992, ch. 218, section 8, prohibits the board of trustees for the Kansas public employees retirement system (KPERS) from undertaking investments in any banking institution, savings and loan association, or credit union which would position the system as a shareholder or owner of such banking institution, savings and loan association, or credit union. K.S.A. 1991 Supp. 74-4921, as amended, does not prohibit the system from acquiring debt securities of a banking institution, savings and loan association, or credit union. The statute does not prohibit the board of trustees from investing in equity issues of non-banking financial institutions. Nor is the board of trustees prohibited under K.S.A. 1991 Supp. 74-4921, as amended, from investing in a parent company, a subsidiary of which is a banking institution, savings and loan association, or credit union. Cited herein: K.S.A. 1991 Supp. 74-4921, as amended by L. 1992, ch. 218, section 8.
Author: Robert T. Stephan
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Languages : en
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K.S.A. 1991 Supp. 74-4921, as amended by L. 1992, ch. 218, section 8, prohibits the board of trustees for the Kansas public employees retirement system (KPERS) from undertaking investments in any banking institution, savings and loan association, or credit union which would position the system as a shareholder or owner of such banking institution, savings and loan association, or credit union. K.S.A. 1991 Supp. 74-4921, as amended, does not prohibit the system from acquiring debt securities of a banking institution, savings and loan association, or credit union. The statute does not prohibit the board of trustees from investing in equity issues of non-banking financial institutions. Nor is the board of trustees prohibited under K.S.A. 1991 Supp. 74-4921, as amended, from investing in a parent company, a subsidiary of which is a banking institution, savings and loan association, or credit union. Cited herein: K.S.A. 1991 Supp. 74-4921, as amended by L. 1992, ch. 218, section 8.
Author: Robert T. Stephan
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The state of Kansas fails to meet the requirements necessary for an exemption from the provisions of the national voter registration act of 1993. Cited herein: L. 1993, ch. 140, sec. 3; L. 1992, ch. 197, secs. 1, 2; 42 U.S.C. sec. 1973gg.
Author: Robert T. Stephan
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Based on I̲n̲ ̲r̲e̲ ̲A̲p̲p̲l̲i̲c̲a̲t̲i̲o̲n̲ ̲o̲f̲ ̲N̲o̲e̲l̲ ̲f̲o̲r̲ ̲D̲i̲s̲c̲h̲a̲r̲g̲e̲ ̲H̲e̲a̲r̲i̲n̲g̲, 17 Kan. App. 2d 303 (1992), it is our opinion that K.S.A. 1991 Supp. 22-3428(3), as amended, and K.S.A. 1991 Supp. 22-3428a(3), which are used to determine the need for continued commitment of insanity acquittees, violate the due process and equal protection clauses of the 14th amendment by not placing the burden of proof upon the state to show by clear and convincing evidence both the committed person's continued insanity and dangerousness. However, rather than striking the statutes down, the Court of Appeals engrafted the essential requirements onto the statutes. Cited herein: K.S.A. 1991 Supp. 22-3428, as amended by L. 1992, ch. 309, section 3; 22-3428a.
Author: Robert T. Stephan
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A trust company's powers do not include the authority to branch. Cited herein: K.S.A. 9-801; 9-901; 9-1111, as amended by L. 1992, ch. 61, section 1; 9-1801; 9-2103.
Author: Robert T. Stephan
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The provisions of the student publications act, L.1992, ch. 5, sections 1, 2, 3, are not applicable to community colleges. Cited herein: L. 1992, ch. 5, sections 1, 2, 3; U.S. Const., Amend. I.
Author: Robert T. Stephan
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As it appears no compelling governmental interest is served by the durational residence requirement set forth in K.S.A. 76-1908(b), the requirement results in a violation of the equal protection clause and is therefore unconstitutional. Cited herein: K.S.A. 76-1902b; 76-1908; L. 1889, ch. 235, section 11; U.S. Const., art. I, section 8; U.S. Const., art. IV, section 2; U.S. Const., Amend. XIV.
Author: Robert T. Stephan
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K.S.A. 12-1019 authorizes a petition seeking to bring to an election a question regarding a change in the form of government for a city. K.S.A. 1991 Supp. 25-3601, as amended by L. 1992, ch. 194, section 2, establishes in part the requirements for such petition. The amendment adopted in L. 1992, ch. 194, section 2 is merely procedural in nature, and therefore may be applied retrospectively to petitions being circulated prior to April 30, 1992, the effective date of the amendment. A petition drafted on March 31, 1992, should, prior to its circulation, be submitted to the county attorney for an opinion regarding the legality of the form of the question unless such retrospective application of the requirement results in a manifest injustice. Cited herein: K.S.A. 12-184; 12-1019; K.S.A. 1991 Supp. 25-3601, as amended by L. 1992, ch. 194, section 2; U.S. Const., art. 1, section 10.
Author: Robert T. Stephan
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An attempt by a board of education and a professional employees' organization to ratify amendments to the contracts of employment of professional employees without submitting the amendments to a vote of the professional employees pursuant to K.S.A. 72-5421 would conflict with the purposes of professional negotiation recognized by the legislature. Any provisions of an agreement conferring such authority upon a board of education and a professional employees' organization would be void and unenforceable. Cited herein: K.S.A. 72-5411, as amended by L. 1992, ch. 20, section 1; K.S.A. 1991 Supp. 72-5412; 72-5413; K.S.A. 72-5414; 72-5421; K.S.A. 1991 Supp. 72-5423; K.S.A. 72-5424; 72-5437, as amended by L. 1992, ch. 20, section 2.
Author: Robert T. Stephan
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In domestic violence calls, when a law enforcement officer has probable cause to believe a crime is being committed or has been committed, the officer is required to arrest the offender and may not simply issue a ticket with a notice to appear in court. Cited herein: K.S.A. 1991 Supp. 22-2202; 22-2307; K.S.A. 22-2401.
Author: Robert T. Stephan
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The sheriff of the county where the action is filed is responsible for the service of process by certified mail. Attorney General Opinion No. 92-83 is accordingly revised. Cited herein: L. 1992, ch. 290.
