Attorney General Opinion No. 1992-048 PDF Download
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Author: Robert T. Stephan
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Whether a particular minor in a particular case has been injured as a result of sexual intercourse and a resulting pregnancy must be determined on a case-by-case basis. While the pregnancy itself is not an injury, it certainly puts one on notice that sexual abuse (as statutorily defined) probably has occurred, and requires those persons listed in K.S.A. 1991 Supp. 38-1522(a) to investigate further whether the child has suffered injury, either physical or emotional. If there is reason to suspect that the child has been injured, that person is then required to report such suspicions and the reasons therefore. Cited herein: K.S.A. 1991 Supp. 21-3503; K.S.A. 38-1501; K.S.A. 1991 Supp. 38 - 1502; K.S.A. 38-1521; K.S.A. 1991 Supp. 38 - 1522; 38 - 1523; K.S.A. 38-1525; 38-1526; K.S.A. 1991 Supp. 38-1583; 40-3103; 44-508; K.S.A. 1980 Supp. 38-717; 38-718; 38-721; 38-721c; 38-721d; L. 1975, ch. 231, section 1.
Author: Robert T. Stephan
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Languages : en
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Whether a particular minor in a particular case has been injured as a result of sexual intercourse and a resulting pregnancy must be determined on a case-by-case basis. While the pregnancy itself is not an injury, it certainly puts one on notice that sexual abuse (as statutorily defined) probably has occurred, and requires those persons listed in K.S.A. 1991 Supp. 38-1522(a) to investigate further whether the child has suffered injury, either physical or emotional. If there is reason to suspect that the child has been injured, that person is then required to report such suspicions and the reasons therefore. Cited herein: K.S.A. 1991 Supp. 21-3503; K.S.A. 38-1501; K.S.A. 1991 Supp. 38 - 1502; K.S.A. 38-1521; K.S.A. 1991 Supp. 38 - 1522; 38 - 1523; K.S.A. 38-1525; 38-1526; K.S.A. 1991 Supp. 38-1583; 40-3103; 44-508; K.S.A. 1980 Supp. 38-717; 38-718; 38-721; 38-721c; 38-721d; L. 1975, ch. 231, section 1.
Author: Robert T. Stephan
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The Reports of the decisions of the Kansas Supreme Court and Court of Appeals may be copyrighted as compilations. However, any such copyright cannot cover the opinions of the judges and justices or other material prepared by them in the discharge of their judicial duties. The copyright protection afforded the Reports is limited to the Appellate Reporter's own work and labor in the production of the Reports. The publication of advance sheets without copyright notice under copyright laws existing prior to January 1, 1978, resulted in forfeiture of the copyright on the material contained therein, which cannot be revived by subsequent publication in copyrighted volumes of the Reports. However, the publication of advance sheets without copyright notice after that date under current copyright laws does not constitute a forfeiture, and the works are protected from infringement as long as they are properly registered within five years after first publication. Neither one of these circumstances affects the validity of the copyright of the Reports as a compilation of preexisting material, but the copyright can only cover new and original material contributed by the reporter. The use made of the Reports by West Publishing Company and K-Bar Research, Inc., pursuant to licensing agreements, has not resulted in forfeiture of the copyright protection afforded the Reports. Cited herein: K.S.A. 20-206, K.S.A. 1980 Supp. 20-211, 17 U.S.C.A. sections 1, 3, 10, 19, 102, 103, 106, 405, P.L. 94-553, U.S. Const., Art. I, section 8.
Author: Robert T. Stephan
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The provision of K.S.A. 1990 Supp. 31-134(b), that "nothing in this act shall be construed to impair the power of any municipality ... to prohibit or regulate the sale, handling, use or storage of fireworks within its boundaries," does not constitute a clear articulation of an anti-competitive policy and, therefore, does not bring municipal actions based on the statute within the "state action" exemption from the federal anti-trust laws. Cited herein: K.S.A. 1990 Supp. 31-134; Kan. Const., art. 12, section 5; 15 U.S.C. section 1 e̲t̲ s̲e̲q̲.
Author: Robert T. Stephan
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The department of administration has authority to promulgate rules and regulations dealing with nepotism in state employment. The commission on governmental conduct and standards does not have such authority. Cited herein: K.S.A. 1991 Supp. 46 - 246a; 46-253; K.S.A. 75 - 3746; 75-3747; L. 1981, ch. 171, sections 44, 48.
Author: Carla J. Stovall
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Documents related to an investigation conducted by an attorney for his or her client in order to provide legal advice to the client, may be closed under the Kansas Open Records Act because they are protected by the attorney-client privilege. Cited herein: K.S.A. 1998 Supp. 45-217; K.S.A. 1998 Supp. 45-221; 60-226; K.S.A. 60-426.
Author: Robert T. Stephan
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An entity created by action of a city, a county and a chamber of commerce (which is not itself subject to either the Kansas Open Records Act or the Kansas Open Meetings Act) may be subject to both such acts if certain requirements are met. In the case of the Kansas Open Records Act (KORA), K.S.A. 45-215 e̲t̲ s̲e̲q̲., the entity must be supported by public funds in whole or in part. While an exception exists for the mere provision of goods or services, an entity which is established by a city and county and to which they appoint members, and which has the task of performing functions they assign, is a public agency for the purposes of KORA. Records concerning the prospective location of a business in the area may or may not be subject to disclosure, depending on whether the requirements of K.S.A. 1985 Supp. 45-221 have been met. The Kansas Open Meetings Act (KOMA) applies if the entity is subordinate to a legislative or administrative agency of the state, and is supported in whole or in part by public funds. In the case of an entity which has a majority of its members appointed by a city and a county, which is charged with the performance of duties which would otherwise be done by the units of government themselves, and which receives funding from such governments, the tests are satisfied and KOMA applies. Questions involving the prospective location of a business in the area may be discussed in executive session only as they concern the acquisition of real property or confidential data relating to the financial affairs of the business. Cited herein: K.S.A. 1985 Supp. 45-216; 45-217; 45-221; K.S.A. 75-4317; K.S.A. 1985 Supp. 75-4318; K.S.A. 75-4319.
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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Under the circumstances stated herein, municipal and district courts in Johnson county may sentence DUI offenders to a facility located in Wyandotte county. The mandatory imprisonment required by K.S.A. 1990 Supp. 8-1567, as amended, for second offenses may be partially served in a restrained environment such as the Kansas City weekend intervention program as long as the offender remains under the custody and control of law enforcement officials throughout the time the minimum sentence is being served. Cited herein: K.S.A. 1990 Supp. 8-1567, as amended by L. 1991, ch. 36, section 20; K.S.A. 12-4510; 19-1916; K.S.A. 1990 Supp. 19-1930; 21-4603, as amended by L. 1991, ch. 89, section 4; L. 1990, ch. 47, section 3.
Author: Robert T. Stephan
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The language of K.S.A. 72-6433 and the circumstances under which it was enacted do not evince a legislative intent to create private rights of a contractual nature enforceable against the state. The electors of a school district have not achieved a vested interest which may not be modified by the legislature. Therefore, retroactive application of the amendments set forth in 1993 Senate Bill No. 102 does not result in a violation of constitutional rights. Cited herein: K.S.A. 72-6433; 1993 Senate Bill No. 102.
Author: Robert T. Stephan
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A register of deeds is required to file of record a written instrument whereby real estate may be affected. Such filing can properly be refused only if the instrument contains apparent errors, or is not proved or acknowledged and certified in the manner prescribed by law, or the register of deeds has been directed by a court not to file the instrument. A register of deeds also may refuse to file instruments that clearly do not affect real estate, or where the law requires some act, such as payment of the mortgage registration fee, before the instrument may be received and filed of record. Cited herein: K.S.A. 5872211, 58-2221; Affirming Attorney General Opinion No. 82-164.
