Attorney General Opinion No. 1979-038 PDF Download
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Author: Robert T. Stephan
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Highway Patrol officers and other police officers are not officers of the court within the context of K.S.A. 1978 Supp. 74-5612(a). However, whenever any such officer is furnished an appearance bond pursuant to K.S.A. 1978 Supp. 8-2107, such officer also is required by K.S.A. 1978 Supp. 74-5613 to collect the appropriate assessment specified in K.S.A. 1978 Supp. 74-5612(a).
Author: Robert T. Stephan
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Highway Patrol officers and other police officers are not officers of the court within the context of K.S.A. 1978 Supp. 74-5612(a). However, whenever any such officer is furnished an appearance bond pursuant to K.S.A. 1978 Supp. 8-2107, such officer also is required by K.S.A. 1978 Supp. 74-5613 to collect the appropriate assessment specified in K.S.A. 1978 Supp. 74-5612(a).
Author: Robert T. Stephan
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Languages : en
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K.S.A. 1979 Supp. 38-717 imposes a duty on specified classes of persons involved in medical or health-related professions to report suspected cases of physical or mental abuse or neglect which involve children under the age of 18 whom they have examined, attended or treated. The statutory duty would not be imposed in the case where information regarding the suspected abuse was obtained from an indirect source (i.̲e̲.̲ a parent or other individual), although the statute does make reporting in such situations discretionary. However, a failure to act, even in situations made discretionary by statute, could create the potential for liability in tort should further injury result. Cited herein: K.S.A. 1979 Supp. 38-716, 38-717.
Author: Robert T. Stephan
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K.S.A. 1991 Supp. 79-1437f provides that the contents of real estate sales validation questionnaires filed in accordance with that act, while closed to most individuals, shall be made available to appraisers licensed or certified pursuant to K.S.A. 58-4101 et seq. Such questionnaires meet the definition of a public record set forth at K.S.A. 45-217(f), and thus, copies of and access to such records must be provided to licensed or certified appraisers in accordance with the applicable provisions of K.S.A. 45-215 et seq. A custodian of such a public record may not refuse to make copies of such records for persons entitled to access to the contents of a questionnaire filed under K.S.A. 1991 Supp. 79-1437f nor may a custodian delay access or copying until the information in the questionnaire is verified or refuted. Cited herein: K.S.A. 45-215; 45-217; K.S.A. 1991 Supp. 45-221; 58-4101; 79-1437c; 79-1437f.
Author: Robert T. Stephan
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Languages : en
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A child required by law to attend school who is inexcusably absent therefrom is a truant, as defined by K.S.A. 1979 Supp. 72-1113. Such child is subject to the exclusive jurisdiction of the district court, which may, pursuant to the Juvenile Code, K.S.A. 1979 Supp. 38-801 e̲t̲ s̲e̲q̲., issue such orders or make such dispositions as it deems necessary in order for the child to attend school. Accordingly, a school board's power to suspend or expel a child pursuant to K.S.A. 72-8901 does not extend to cases involving truancy. Cited herein: K.S.A. 1979 Supp. 38-802, 38-816, 38-817, 38-826, K.S.A. 72-1029, K.S.A. 1979 Supp. 72-1111, 72-1113, K.S.A. 72-8901, K.S.A. 1979 Supp. 72-8902, 72-8904.
Author: Robert T. Stephan
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Languages : en
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The general public should have access to information contained in jail calendars which is not by law specifically declared confidential.
Author: Robert T. Stephan
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As stated in Attorney General Opinion No. 78-188, the assessment required by K.S.A. 1978 Supp. 74-5612 constitutes a fine and is not subject to the legal constraints against use of fees as general revenue sources. Such assessment is to be imposed by a state or municipal court in addition to such court's imposition of a fine or forfeiture of bail for criminal law violations. In determining the amount of such assessment, court costs incurred in connection with such other fine or forfeiture are not to be considered.
Author: Robert T. Stephan
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Languages : en
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The Register of Deeds has the discretionary power to postpone collection of the filing fees required by the provisions of K.S.A. 1978 Supp. 28-115. However, should the Register of Deeds fail to collect any such fees, the amount thereof may be deducted from his or her salary.
Author: Robert T. Stephan
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Languages : en
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The Secretary of Human Resources may remove hazardous materials and chemicals from schools and private businesses where such conditions or products could reasonably be expected to cause death or serious physical harm immediately or before such danger can be eliminated through the enforcement provisions otherwise provided by law.
Author: Robert T. Stephan
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Languages : en
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The cost of preparing a transcript of a preliminary hearing for an indigent defendant is to be considered an expense of the defense and is in turn subject to K.S.A. 1978 Supp. 22-4507.
Author: Robert T. Stephan
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Languages : en
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A municipal judge in a city of the second or third class is not required by statute to be a lawyer.
