Attorney General Opinion No. 1989-097 PDF Download
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Author: Robert T. Stephan
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Obscene bumper stickers or t-shirts are governed by K.S.A. 21-4301c only if they are displayed by a person having custody, control or supervision of any commercial enterprise and only if they meet the definitional requirements of that statute. A bill prohibiting public display of p̲r̲o̲f̲a̲n̲e̲ bumper stickers and t-shirts entirely would encounter some constitutional problems. A bill limiting o̲b̲s̲c̲e̲n̲e̲ bumper stickers and t-shirts is more likely to fall into the parameters of speech that can be regulated under the Constitution, although courts may see fit to place additional requirements on restricted speech. Cited herein: K.S.A. 21-4301c.
Author: Robert T. Stephan
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Languages : en
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Obscene bumper stickers or t-shirts are governed by K.S.A. 21-4301c only if they are displayed by a person having custody, control or supervision of any commercial enterprise and only if they meet the definitional requirements of that statute. A bill prohibiting public display of p̲r̲o̲f̲a̲n̲e̲ bumper stickers and t-shirts entirely would encounter some constitutional problems. A bill limiting o̲b̲s̲c̲e̲n̲e̲ bumper stickers and t-shirts is more likely to fall into the parameters of speech that can be regulated under the Constitution, although courts may see fit to place additional requirements on restricted speech. Cited herein: K.S.A. 21-4301c.
Author: Robert T. Stephan
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Languages : en
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A public body must comply with the provisions of the Kansas Open Meetings Act if two tests are met: (1) the body is a legislative or administrative agency of the state or one of its political or taxing subdivisions, or is subordinate to such a body; and (2) the body receives or expends and is supported in whole or in part by public funds. A rural water district meets the first test as it is a political subdivision of the state. The second test is met if the district receives federal or state grants or other such public funding. Cited herein: K.S.A. 24-1201; K.S.A. 1987 Supp. 24-1219; K.S.A. 75-4317; K.S.A. 1987 Supp. 75-4318; K.S.A. 82a-612; K.S.A. 1987 Supp. 82a-613; K.S.A. 82a-614; 82a-616; 82a-619a; 82a-625; 82a-638.
Author: Robert T. Stephan
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Languages : en
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In the absence of contractual provisions indicating otherwise and where an employment contract requires a fixed employer contribution to an insurance premium paid by employees, any refund of such premiums shall be paid to the employees and the employer may not retain any portion thereof unless the refund exceeds the entire employee contribution.
Author: Robert T. Stephan
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Languages : en
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While the state may require abortions to be performed in licensed facilities from and after the first trimester, K.S.A. 21-3407 sweeps too broadly and the offending provisions cannot be severed from the rest without legislative amendment. We note that the United States Supreme Court is currently considering a case which may modify Roe v. Wade, and thus render this opinion invalid. Cited herein: K.S.A. 21-3407.
Author: Robert T. Stephan
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Under the United States Supreme Court decision in H̲a̲z̲e̲l̲w̲o̲o̲d̲ ̲S̲c̲h̲o̲o̲l̲ ̲D̲i̲s̲t̲r̲i̲c̲t̲ ̲v̲.̲ ̲K̲u̲h̲l̲m̲e̲i̲e̲̲r̲, local public school officials and administrators may exercise reasonable control over activities sponsored by a public school such as publications, theatrical productions and other expressive activities so long as the educators' actions are reasonably related to legitimate pedagogical concerns and there is no intent to create a public forum. Also, Section 11 of the Kansas Bill of Rights does not provide an absolute right to freedom of speech and expression. Students in private, accredited schools are subject to reasonable school regulations. The H̲a̲z̲e̲l̲w̲o̲o̲d̲ decision applies to public schools on its facts, and does not apply to non-public schools. Cited herein: Kans. Const., B. of R., section 11; U.S. Const., Amend. I, XIV.
Author: Robert T. Stephan
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Languages : en
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Indian retailers operating on federally recognized reservations selling products which have been imported for sale are subject to the "collect and remit" requirements of the State's retailers' sales tax and cigarette tax acts when the legal incidence of the tax falls on non-Indian purchasers. Though enforcement may be difficult in that we do not believe action to enforce may be brought in state courts, the absence of civil jurisdiction under Public Law 280 and 25 U.S.C. section 1322(a) does not preclude the State from requiring collection. Cited herein: K.S.A. 79-3302; K.S.A. 1988 Supp. 79-3310; 79-3321; 79-3408; K.S.A. 79-3409; K.S.A. 1988 Supp. 79-3604; 18 U.S.C. section 1343; 25 U.S.C. section 1322; 28 U.S.C. section 1360.
Author: Robert T. Stephan
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Subsection (c) of K.S.A. 1988 Supp. 75-6116 generally provides a governmental entity may pay a part of any judgment taken against an employee for punitive or exemplary damages if the government entity finds three conditions exist. The statute requires that a judgment be rendered before the governmental entity may consider whether the conditions attendant to payment have been met. Cited herein: K.S.A. 1988 Supp. 75-6116.
Author: Robert T. Stephan
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Languages : en
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K.S.A. 1988 Supp. 12-1222, and the act of which it is a part, contain provisions which are not uniformly applicable to all cities. Accordingly, a city may use its home rule authority to charter out from the provisions of that statute, including the requirement that members appointed to a library board be residents of the municipality. Cited herein: K.S.A. 1988 Supp. 12-1222; Kan. Const., Art. 12, section 5.
Author: Curt Thomas Schneider
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Languages : en
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A city which purchases liability insurance under K.S.A. 74-4716 for its officers and employees, but not for the city itself, does not waive its governmental immunity for liability. If the city does purchase such insurance, and allows it to expire by cancellation, lapse of policy, or otherwise, the governmental immunity is restored by operation of law, for said immunity was waived only to the extent of the insurance which said city purchased, and only for the duration of said coverage.
Author: Robert T. Stephan
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Court services officers should report suspected child abuse or neglect pursuant to K.S.A. 1988 Supp. 38-1522. Cited herein: K.S.A. 1988 Supp. 12-4113; K.S.A. 19-4409; 20-162; 20-345; 20-346a; 21-4602; 21-4604; 21-4610; 22-2202, as amended by L. 1989, ch. 118, section 175; 22-3716; 38-1161; K.S.A. 1988 Supp. 38-1502, as amended by L. 1989, ch. 95, section 7; 38-1522; 38-1527; 38-1528; 38-1565, as amended by L. 1989, ch. 122, section 1; K.S.A. 38-1624; 38-1661; K.S.A. 1988 Supp. 38-1663, as amended by L. 1989, ch. 95, section 10 and L. 1989, ch. 92, section 29; 74-5602, as amended by L. 1989, ch. 118, section 183.
