Attorney General Opinion No. 1992-074 PDF Download
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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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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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Pursuant to K.S.A. 1991 Supp. 74-4960, as amended by L. 1992, ch. 321, section 14, and 74-4960a, as amended by L. 1992, ch. 321, section 15, the Kansas public employees retirement system (KPERS) is obligated to make payment of the 10% benefit due a minor child of a disabled member of the Kansas police and firemen's retirement system (KP & F) only to a legally appointed conservator. It is necessary, therefore, that a conservator be appointed for each minor child of the member's family. Unless the divorce decree provides otherwise, a member of KP & F who is making child support payments pursuant to a divorce decree is entitled to credit toward those payments the amount of the 10% benefit paid by KPERS to the conservator of the minor child. If the 10% benefit exceeds the amount owed pursuant to the divorce decree, the excess will be considered a gratuity under the divorce decree. If the court determines that payment of the 10% benefit to a conservator somehow results in a material change in circumstances, the court may modify the order fixing child support. Cited herein: K.S.A. 20-165, as amended by L. 1992, ch. 312, section 1; K.S.A. 1991 Supp. 59-3004; 60-1610, as amended by L. 1992, ch. 273, section 2; 74-4916, as amended by L. 1992, ch. 321, section 8; 74-4927h; 74-4959, as amended by L. 1992, ch. 321, section 13; K.S.A. 74-4960, as amended by L. 1992, ch. 321, section 14; 74-4960a, as amended by L. 1992, ch. 321, section 15.
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.
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K.S.A. 1991 Supp. 74-4902 and 74-4932 clearly require that a person be employed in a position requiring 1,000 hours of work per year in order for that person to be considered an eligible employee under KPERS. If a person does not meet this qualification, the person may not participate in KPERS. Cited herein: K.S.A. 1991 Supp. 74-4902; 74-4911, as amended by L. 1992, ch. 321, section 6; K.S.A. 74-4931; K.S.A. 1991 Supp. 74-4932; 74-4935.
Author: Robert T. Stephan
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Persons engaged in residency training, as defined by K.S.A. 1992 Supp. 40-3401(r), are entitled to coverage under the Kansas tort claims act for claims which arise from their service to indigent health care clinics, as defined by K.S.A. 1992 Supp. 75-6102(h), as amended, if they are employees of the clinic or if they have entered into the appropriate agreement pursuant to K.S.A. 1992 Supp. 75-6102(f), as amended, and are deemed employees of the state pursuant to K.S.A. 1992 Supp. 75-6120. Cited herein: K.S.A. 1992 Supp. 40-3401; K.S.A. 65-2809, as amended by 1993 S.B. No. 14, sec. 1; 65-4921; K.S.A. 1992 Supp. 75-6102, as amended by 1993 S.B. No. 14, sec. 2; 75-6115, as amended by 1993 S.B. No. 14, sec. 3; 75-6120.
Author: Robert T. Stephan
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When granting a license to practice psychology, the behavioral sciences regulatory board does not have the authority to designate an "area of emphasis" as a restriction or limitation of that license. Accordingly, K.A.R. 102-1-10(b)(4) is void and unenforceable as it exceeds the board's statutory authority. Cited herein: K.S.A. 1990 Supp. 74-5302; 74-5310.
Author: Robert T. Stephan
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The whole purpose and policy of Kansas' exemption laws has been to secure to an unfortunate debtor the means to support himself and his family, to keep them from being reduced to absolute destitution and thereby public charges. The spouse of a member of the Kansas public employees retirement system is not to be regarded as one of the parties subject to the anti-alienation provisions set forth in K.S.A. 1991 Supp. 74-4923, as amended by L. 1992, ch. 321, section 10. Therefore, any annuity or benefit earned pursuant to K.S.A. 74-4901 e̲t̲ s̲e̲q̲. may be subject to a decree for the division of property following dissolution of marriage. Cited herein: K.S.A. 74-4901; K.S.A. 1991 Supp. 74-4902; 74-4923, as amended by L. 1992, ch. 321, section 10; L. 1961, ch. 427, section 23; L. 1974, ch. 338, section 1; L. 1982, ch. 152, section 24; L. 1990, ch. 282, section 11; L. 1991, ch. 238, section 3.
Author: Robert T. Stephan
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The provisions, both protections and limitations, of the Kansas tort claims act apply to the board of directors of the information network of Kansas established pursuant to K.S.A. 1991 Supp. 74-9301 e̲t̲ s̲e̲q̲. Cited herein: K.S.A. 1991 Supp. 74-9301; 74-9302; 74-9304; 74-9308; K.S.A. 75-6101; K.S.A. 1991 Supp. 75-6102; K.S.A. 75-6103; K.S.A. 1991 Supp. 75-6104.
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 crime victims compensation board may properly consider for compensation those applications submitted by or on behalf of individuals deemed by established board policy described herein to be secondary victims. Cited herein: K.S.A. 1991 Supp. 74-7301; 74-7302; 74-7304; 74-7333; 1978 House Bill No. 2163.
