Kansas AG Opinions, 1976

The Kansas industrial revenue bond act does not autho- rize cities which issue bonds thereunder to exercise the power of eminent domain to acquire sites for facili- ties which are financed by the proceeds of industrial revenue bonds.

Fourteenth Amendment to United States Constitution prohibits classification premised solely on alienage without reasonable basis therefor. Citizenship re- quirement in K.S.A. 47-824 is constitutionally im- permissible. *

In order to be effective, a resignation from public office must be made with the intention of relinquishing the office, and it is not effective until it has been accepted by the proper authorities, or until they have done some act equivalent to acceptance. Acceptance is not necessary, however, to effectuate a resignation from a position of employment, as distinguished from an office.

A county mental retardation governing board which does not itself operate a community facility for the men- tally retarded, but which provides mental retardation services only through grants to and contracts with independent nonprofit organizations and facilities is not itself an eligible grantee under the Kansas Community Mental Health and/or Community Facility for the Mentally Retarded Assistance Act.

Unclaimed moneys deposited with the county treasurer pursuant to K.S.A. 1975 Supp. 59-1508 should be held in the custody of such treasurer for a period of ten years. At the end of that. period, all undistributed unclaimed moneys should be remitted to the state treasurer pursuant to K.S.A. 20-2801.

The hearing held by the fact-finding board appointed by the Public Employee Relations Board pursuant to K.S.A. 1975 Supp. 75-4332(c) is required by the Kansas open meeting law, K.S.A. 1975 Supp. 75-4317 et seq., to be open to the public.

House Bill No. 3038, if enacted, would authorize partial termination of natural gas leases for breach of a condi- tion imposed on such leases by the bill itself, and thus, if enacted, could not constitutionally be applied to any lease executed prior to the effective date of such law. * *

A member of the retirement system who has reached and passed either the normal or, mandatory retirement age prescribed by the act, but who has not yet retired and applied for monthly benefits thereunder, may elect to withdraw his or her accumulated contributions therefrom in a lump sum.

Contracts for services of professional consulting engineers entered into by the Secretary of Transpor- tation pursuant to K.S.A. 1975 Supp. 68-407 are subject to the competitive bidding requirements of K.S.A. 1975 Supp. 75-3737, and may not be obtained by negotiation.

The procedure for adoption of a charter ordinance by Kansas cities is prescribed solely and exclusively by article 12, § 5(c) of the Kansas Constitution. A proposed charter ordinance may not be submitted to the electorate upon an initiatory petition filed pursuant to K.S.A. 12-3013.

November 9, 1976 ATTORNEY GENERAL OPINION NO. 76- 339 Mr. Calvin A. Strowig Chairman Governmental Ethics Commission 109 West Ninth Topeka, Kansas 66612 Re: Governmental Ethics--Information--Confidentiality Synopsis: The Governmental Ethics Commission is authorized to transmit inf…

A county may in the exercise of its home rule powers under K.S.A. 19-101a amend the application of K.S.A. 47-441 and -442 to such county by charter resolution.

The reimbursement liability of the county under K.S.A. 19-261 extends to the reimbursement of the total costs of furnishing ambulance service incurred by the taxing subdivision, regardless of the recoupment of all or any portion of those costs through service charged, in the proportion mandated by statute. There is no provision for alteration of the reimbursement rights of taxing subdivisions by contractual adjustments therein. *

The fact that those bonds issued pursuant to K.S.A. 12-1740, et seq. do not constitute general obligations of the issuing municipality prohibits the application of those statutory provisions contained in Chapter 10 of the Kansas Statutes Annotated to industrial revenue bonds. Thus, municipalities which issue bonds pursuant to K.S.A. 12-1740 are not required to record such bonds in the register maintained pursuant to K.S.A. 10-107. * Dear Mr. Stockwell:

A foreign conviction shall not be utilized to increase the penalty upon subsequent conviction in Kansas under the Uniform Controlled Substances Act. * * Dear Mr. Hahn:

An attorney at law may appear and prosecute or defend a claim in his or her own behalf under the Small Claims Procedure Act, K.S.A. 1975 Supp. 61-2701, for in doing so, such person does not act as an attorney, i.e., as a representative or agent of another person.

The penalty of $5.00 per day for each day after November 1 that the county clerk fails to deliver the certified tax roll to the county treasurer is mandatory, and may not be waived or excused by the board of county commissioners.

The preparation of a resolution respecting the estab- lishment of a county sewer district falls within the statutory duties of the county attorney for which no additional compensation is required.

Under K.S.A. 75-107, the Governor is empowered to acknowledge acceptance by the United States of exclu- sive legislative jurisdiction over federal military reservations in the state, and no further steps are required to perfect the cession of such jurisdiction.

Students attending a Kansas independent college which maintains a mandatory chapel attendance requirement are 'ineligible for participation in the Kansas tuition grant program, under the decision of a three-judge panel of the Kansas federal district court in Americans United for Separation of Church and State v. Bubb, of February 27, 1974, and this holding is not overruled or otherwise disturbed by the decision of the United States Supreme Court in June, 1976, upholding state aid to independent Maryland colleges, for those colleges had no such manda- tory attendance requirements. *

A petition which calls for an election for the dissolu- tion of a watershed district organized pursuant to K.S.A. 24-1201 et seq., only conditionally if certain problems recited therein are not solved in "a satisfactory and acceptable manner," and which is not shown to be signed by the statutory proportion of landowners of the district by a verified enumeration thereof by one of such land- owners, is legally insufficient, for either of these reasons, to require an election for dissolution pursuant to K.S.A. 24-1228. *

A taxing subdivision which provide: ambulance service is entitled to reimbursement from the county under K.S.A. 19-261 whether the taxing subdivision makes a separate levy for its service or whether it supports the service from the general fund or from other sources. *

An owner of a. motor vehicle the registration of which has been revoked pursuant to K.S.A. 1975 Supp. 40-3118, as amended by ch. 221, § 1, L. 1976, may be entitled to reinstatement of that registration upon a showing that financial security was in force and effect on the date of the notice of intent to revoke was sent, pur- suant to subsection (c), and in force and effect con- tinuously thereafter, notwithstanding such coverage had lapsed for a period of time prior to the date of such notice. * *

There exists no statutory authorization by which the Kansas Wheat Commission or Kansas grain elevators may collect and remit to the Colorado Wheat Administrative Committee the five (5) mill tax levied by the State of Colorado on production of each bushel of Colorado wheat purchased by Kansas grain elevators.

Prior convictions which have been expunged pursuant to statutory authority may not be considered by a licensing board.

Where County Commissioners contract for the board and lodging of prisoners by another neighboring county at an agreed rate per day, because of a ruling that local jail facilities are inadequate, the Sheriff of the sending county shall not get statutory fees for feeding and attending such prisoners. This would amount to a double expense to the county if it were paid.

Neither the county election officer nor any deputy thereof is authorized by law to determine whether persons who seek to declare their candidacy for pub- lic office possess the qualifications prescribed therefor by law or ordinance. Qualifications of candidates may be determined only pursuant to statu- tory challenge or contest proceedings, pursuant to K.S.A. 25-308 and -1411.

Employees of the Regional Criminal Justice Planning Office (Region III) who are reported for Social Secu- rity purposes by Sedgwick County and who are paid for their services by payroll warrants of that county are employees of Sedgwick County for the purpose of parti- cipation in the Kansas Public Employees Retirement System.

When the name of a candidate which is printed on the ballot is also written in, the voting mark cast for the name which is written in must be disregarded, and the vote thus cast is void. However, such unlawful vote does not, in and of itself, invalidate the remainder of the ballot. *

A county may elect for coverage of its nursing home employees under the employment security law, pursuant to K.S.A. 44-711(c), without extending such benefits to other employees of the county. * *

The Metropolitan Topeka Airport Authority constitutes a separate legal entity capable of accepting Cullen Vill- age property from the City of Topeka and assuming custody and control thereof. The Authority is a political sub- division which has the power to levy taxes and therefore constitutes a "municipality" under the Cash Basis Law. However, any indebtedness created by the purchase of Cullen Village would be exempt from the Cash Basis Law under K.S.A. 10-1116(a)(4) as long as the Authority pro- vides a revolving fund for the operation of a municipal airport out of which such indebtedness is

Contractors holding contracts under the provisions of Title VI and Title VII of the Civil Rights Act of 1964, and Executive Order 11246 are exempt from the reporting re- quirements of the Kansas Act Against Discri- mination. * * *

While the superintendent may be given responsibility for personal matters prior to hiring and may even make recommendations as to candidates, such individual is without authority to make binding employment con- tracts. The board of education must, by affirmative vote, accept or ratify all proposed employment contracts.

Senate Bill 1011 as it appears in the 1976 Session Laws did not revoke K.A.R. 22-13-4 as it existed prior to the 1976 Session of the Legislature.

The Secretary of State of Kansas, making sales and rendering services in the performance of official sta- tutory duties, is not subject to the provisions to the Kansas Sales Tax law requiring registration, col- lection and reporting for sales tax purposes. The State of Kansas, its officials and agencies, when mak- ing sales under statutory authority are not engaging in the "business" of selling at "retail" generally, and become subject to the Sales Tax Act only when en- gaging in businesses specifically made taxable by statute.

Confidential client files maintained pursuant to K.S.A. 39-713b may not be disclosed to the Legislative Post Auditor for the conduct of audits pursuant to K.S.A. 1975 Supp. 46-1101, as amended by ch. 232, § 2, L. 1976, or pursuant to K.S.A. 46-1108, as amended by ch. 232, § 4, L. 1976.

The mayoral veto power under K.S.A. 12-3003 does not apply to charter ordinances, the requirements for pass- age of which are fixed by Article 12, § 5 of the Kansas Constitution. If a proposed charter ordinance receives a two-thirds vote of the members-elect of the city govern- ing body, it is duly passed, and the mayor has no power to veto a charter ordinance so as to increase the number of votes required for passage.

October 6, 1976 ATTORNEY GENERAL OPINION NO. 76- 314 Honorable Norman Gaar Chairman Special Committee on Assessment and Taxation Senate Chamber - Statehouse Topeka, Kansas 66612 RE: K.S.A. 1975 Supp. 79-1001 et seq., K.S.A. 79-306c, K.S.A. 79-307a, 79-907, 79-229 et seq., 79-422,…

The state and its political subdivisions are not employers under the 1974 amendments to the Fair Labor Standards Act, as interpreted by the United States Supreme Court in National League of Cities v. Usery and California v. Usery, decided June 21, 1976, and accordingly employees of state and local public li- braries are not subject to the minimum wage and maxi- mum hour provisions thereof.

Approval of the State Board of Education is not necessary to authorize the board of control of an area vocational-technical school to sell and convey land and buildings constructed thereon, as described below.

The work of "furnishings and furniture" to be performed in the completion of the Kansas Supreme Court Building falls within the definition of "architectural services," as that term is defined by K.S.A. 1975 Supp. 75-5401 et seq. Because the cost of the building exceeds $3,000,000, and the cost of furniture and furnishings will constitute a portion of the building cost in ex- cess of $3,000,000, the maximum fee may not exceed five percent on the furnishings and furniture work, which constitutes another phase of the project.

Section 1 (d) of Chapter 304 of the 1976 session laws authorizes unified school districts within their state to make charges or assess fees for those materials and supplies consumed in home economic courses and projects. Furthermore, pupils may be charged for cooking utensils and sewing equipment provided they are permitted to retain ownership at the conclusion of the course or project.

The mandatory contract provisions required by the Kansas Acts Against Discrimination when the contracting agency is the state or any county or municipality or other political subdivision of the state, apply not only to construction, alter- ation or repair of public building contracts; but also to any contract for the acquisition of materials, equipment, supplies or services.

The boards of education of Kansas unified school districts are not authorized to include board members in group employee health insurance plans procured pursuant to K.S.A. 72-8414.

Where the name of a candidate is certified to the Secretary of State by a district nominating convention convened to fill a vacancy in a nomination, and the candidate has had no opportunity to designate in such certification the form in which his or her name may appear on the ballot, the candidate may supplement said certification with a written certificate of his or her name as said candidate wishes it to appear on the ballot, provided it is timely submitted, and the name should be printed in accordance therewith if it otherwise conforms with applicable election laws of the state.

Award of solid waste contract by county to husband of candidate for election to office of district magistrate judge is not prohibited by K.S.A. 1975 Supp. 75-4303 or any other statutory provision regarding conflict of interest.