Attorney General Opinion No. 1994-097 PDF Download
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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 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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Attorney's fees are recoverable in a class action lawsuit under two exceptions to the American no fee rule: one involving a party who has acted in bad faith and the other involving a benefit created by counsel for the benefit of the class. Retaliatory termination of water service by a rural water district may subject the district to a civil rights action under 42 U.S.C. sec. 1983. Cited herein: K.S.A. 12-631k; 60-223; U.S. Const., Amendments IV, V, XIV.
Author: Robert T. Stephan
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Generally, criminal history record information is not open to the public and disclosure is restricted by statute. However, persons may request conviction records on individuals from a criminal justice agency, and the agency may discretionarily disclose the requested records. Cited herein: K.S.A. 1993 Supp. 22-4701; K.S.A. 22-4705; 22-4707; K.A.R. 1992 Supp. 10-11-1; 10-12-1; 10-12-2.
Author: Robert T. Stephan
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The form of the question set forth in the herein referenced petition meets the requirements set forth in K.S.A. 12-3013 and 25-3602. Cited herein: K.S.A. 12-3005; 12-3013; 25-620; 25-3601; 25-3602; Kan. Const., art. 12, sec. 5.
Author: Robert T. Stephan
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New subsection (b) of K.S.A. 79-2005 as amended by L. 1994, ch. 275, sec. 3 may not be applied retroactively in cases where substantive rights would be prejudicially affected. Cited herein: K.S.A. 45-310; 45-311; K.S.A. 1993 Supp. 79-1448; K.S.A. 79-2005, as amended by L. 1994, ch. 275, sec. 3.
Author: Robert T. Stephan
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The United States constitution has delegated to congress the power to determine the qualifications of its own members and to expel its members when necessary. Because this is a power reserved for the individual houses of congress, the tenth amendment of the United States constitution does not reserve to the states the authority to remove members of congress from office. K.S.A. 25-4301 et seq. are not applicable to members of congress. Cited herein: K.S.A. 25-4301; 25-4304; U.S. Const., art. 1, sec. 5, amend. 10.
Author: Robert T. Stephan
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If a witness is subpoenaed to appear in two separate courts on the same day and appearance in both courts is thereby made impractical or impossible, the witness may choose which subpoena to honor. There is no established priority between subpoenas that would give one preference over the other based either on jurisdiction or the time or method of service. Cited herein: K.S.A. 1993 Supp. 60-245; K.S.A. 22-3214; Fed. R. Civ. P. 45; Fed. R. Crim. P. 17.
Author: Robert T. Stephan
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Absent evidence that a newspaper acted with the specific intent to interfere with the employment or business of a person who may be subject to a sexually violent predator civil commitment proceeding, K.S.A. 21-4006 does not prohibit publication of such person's name and address. Cited herein: K.S.A. 21-4006; L. 1994, ch. 316, sec. 3; L. 1994, ch. 316, sec. 4.
Author: Robert T. Stephan
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The cash-basis law does not apply to the indebtedness created by an asset purchase contract designed to integrate the city hospital and a private hospital where the voters approved a tax increase for the purpose of financing the integration. Cited herein: K.S.A. 10-1116.
Author: Robert T. Stephan
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1993 house bill no. 2070 amended the water transfer act, specifically K.S.A. 82a-1504(c), eliminating the legislative oversight of water transfers. The amendment contained procedural changes that are applied retroactively unless the legislature indicates otherwise. Thus the legislative review requirement in the former statute, K.S.A. 82a-1504(c) (Ensley 1989), does not apply to a water transfer in litigation during the amendment of the statute wherein the legislative oversight provision was eliminated. Cited herein: K.S.A. 65-4801; 82a-701; 82a-1504 (Ensley 1989); K.S.A. 1993 Supp. 82a-1504; K.S.A. 82a-5801.
