Attorney General Opinion No. 1994-074 PDF Download
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Author: Robert T. Stephan
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Violation of a restraining order issued pursuant to K.S.A. 1993 Supp. 60-3107 or 60-1607 constitutes criminal trespass and it is not the province of the police to decide whether a perpetrator's anticipated defense to the charge has merit. Consequently whether the person protected under the restraining order "invited" the person restrained by the order onto the premises is not a factor the police should consider in deciding whether there is probable cause to arrest. Cited herein: K.S.A. 1993 Supp. 21-3408; 21-3412; 21-3721; 22-2307; 60-1607; 60-3107.
Author: Robert T. Stephan
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Languages : en
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Violation of a restraining order issued pursuant to K.S.A. 1993 Supp. 60-3107 or 60-1607 constitutes criminal trespass and it is not the province of the police to decide whether a perpetrator's anticipated defense to the charge has merit. Consequently whether the person protected under the restraining order "invited" the person restrained by the order onto the premises is not a factor the police should consider in deciding whether there is probable cause to arrest. Cited herein: K.S.A. 1993 Supp. 21-3408; 21-3412; 21-3721; 22-2307; 60-1607; 60-3107.
Author: Robert T. Stephan
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Because the legislation proposed in 1994 senate bill no. 623 impairs a contractual right of those members having a vested interest in the retirement system without accompaniment of an offsetting or counterbalancing advantage, the bill violates section 10 of article 1 of the United States constitution and K.S.A. 74-4923. Cited herein: K.S.A. 74-4901; 74-4917; 74-4923; 74-4951; 1994 S.B. No. 623; 1994 S.B. No. 624; U.S. Const., art. 1, sec. 10.
Author: Robert T. Stephan
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The provisions of K.S.A. 74-8910, as amended by L. 1994, ch. 223, sec. 2, will protect the directors, employees and officers of the Kansas development finance authority from personal liability for conduct arising out of their service to the authority, as long as it is not willful or intentionally tortuous. The directors of the authority are not, however, protected under the tort claims act. Cited herein: K.S.A. 40-4403, repealed, L. 1994, ch. 32, sec. 2; 40-4405 repealed, L. 1994, ch. 32, sec. 2; 74-8903; 74-8910, as amended by L. 1994, ch. 223, sec. 2; K.S.A. 1993 Supp. 75-6102, as amended by L. 1994, ch. 343, sec. 1; K.S.A. 75-6103; L. 1994, ch. 223, sec. 2; K.S.A. 74-8910 (Furse 1992).
Author: Robert T. Stephan
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The preclusion against including in the member's final average salary any amount of compensation or salary which is based on a member's purchase or repurchase applies only in those instances in which an application to purchase or repurchase service credit is received by the Kansas public employees retirement system (KPERS) after May 17, 1994, and deductions for such purchase or repurchase will commence after the commencement of the first payroll period in the third quarter. The preclusions enacted through sections 1 and 2 of chapter 347 of the 1994 session laws are not applicable in those instances in which the application to purchase or repurchase a period of service is received by KPERS before or on May 17, 1994. Cited herein: K.S.A. 1993 Supp. 74-4902, as amended by L. 1994, ch. 347, sec. 1; 74-4915; 74-4919a; 74-4919c; 74-4919h, as amended by L. 1994, ch. 293, sec. 14; K.S.A. 74-4919i; K.S.A. 1993 Supp. 74-4919j; K.S.A. 74-4919l; K.S.A. 1993 Supp. 74-4952, as amended by L. 1994, ch. 347, sec. 2; 74-4963; 74-4963a.
Author: Robert T. Stephan
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The Kansas board of hearing aid examiners is authorized to provide a reciprocal license to one licensed in another state upon a finding that the other state has licensure requirements equivalent to or higher than those imposed by Kansas. For reasons discussed herein, the standard imposed by statute requires the board to make the determination on an individual basis. Cited herein: K.S.A. 74-5811; 74-5813; 74-5814.
Author: Robert T. Stephan
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Subsection (10) of K.S.A. 74-4909 precludes the Kansas public employees retirement system from disclosing a member's name and address to persons or organizations, other than the member's employer or other state or federal agencies, without written authorization from the member. Pursuant to subsection (a)(1) of K.S.A. 45-221, the Kansas public employees retirement system is not obligated to disclose a member's name and address. Cited herein: K.S.A. 45-215; 45-216; 45-217; 45-221; 74-4909.
Author: Robert T. Stephan
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Kansas Venture Capital, Inc. is a for-profit corporation, which operates and manages independently from any governmental control or supervision. Further, it is not a subordinate body to any state agency or local unit of government. Accordingly, Kansas Venture Capital, Inc. is not required to follow the mandates of the Kansas open meetings act. Cited herein: K.S.A. 74-8203; K.S.A. 1993 Supp. 74-8204; K.S.A. 75-4318.
Author: Robert T. Stephan
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A person not licensed as a psychologist does not violate the prohibition against representing oneself as a psychologist merely by virtue of obtaining a state civil service position within a class designated by the Kansas division of personel services as a "psychology trainee," "psychologist I," "psychologist II," "psychologist III," or "psychologist IV." Persons employed in specified state agencies and institutions are exempt from the prohibiton. Others are not considered as being held out to the public as a psychologist; rather the person's employment position has been classified by the division of personel services for its own internal purposes. Cited herein: K.S.A. 74-5340; 74-5341; 74-5344; 74-5362; 74-5363; 74-5367.
Author: Robert T. Stephan
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Use of a blue devil as a mascot by a unified school district does not violate the establishment clause of the first amendment of the United States constitution. Cited herein: U.S. Const., amend. I; U.S. Const., amend. XIV.
Author: Robert T. Stephan
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Because the lump-sum death benefit payable pursuant to K.S.A. 1993 Supp. 74-4989 is intended to be paid for the benefit of the retirant rather than an heir or beneficiary of the retirant, and K.S.A. 1993 Supp. 74-4989 does not provide that the lump-sum death benefit is payable to a beneficiary of the retirant, the lump-sum death benefit is to be paid to the retirant. Cited herein: K.S.A. 1993 Supp. 12-5005; K.S.A. 20-2618; 59-1301; K.S.A. 1993 Supp. 74-4902; K.S.A. 74-4923; K.S.A. 1993 Supp. 74-4989; L. 1982, ch. 319, sec. 2; L. 1983, ch. 254, sec. 18; L. 1992, ch. 321, secs. 10, 25, 27.
