Kansas AG Opinions, 1978

Prohibiting the use of snares for badgers and raccoons is an unauthorized exercise of the Commission's autho- rity to the extent it contradicts K.S.A. 1977 Supp. 32-158. *

The open meeting law does not require that an agenda be prepared of the business to be transacted at any meeting which is subject to the act. It does require that if an agenda is prepared, it must be made available to persons requesting it. *

No survivor's benefits are payable to the widow of one Arthur W. LeRoy, because survivor's benefits are not payable under K.S.A. 74-4958, the retirant never having been a member of a pension and retirement system of a city of the first class prior to election to member- ship in the Kansas Police and Firemen's System, and, additionally, because the death did not occur within too years from the date of retirement.

Because the Arkansas River is a navigable stream, it is beyond the exercise of the local legislative powers of the board of county commissioners of any county through which it passes to impose, under K.S.A. 1977 Supp. 19-101a, requirements governing the restoration of the bed and channel of the river by operators of sand-dredging operations thereon, upon the cessation of such operations. However, similar requirements may be adopted in the exercise of county home rule powers applicable to lands in the county not lying in the bed and channel of the river. * *

An option to purchase land may be an executory contract subject to the mortgage registration tax when offered for recording. Such tax can- not be avoided by recording an affidavit or executed memorandum, which incorporates by reference the existence of an option of purchase, but which discloses none of the details of such purchase agreement. The Register of Deeds must require a complete disclosure of the purchase agreement referred to, and, if such disclosure is not made, refuse to record such affidavit or memorandum.

The Kansas legislature has not authorized the Fish and Game Commission to alter or eliminate through administra- tive regulation Kansas hunting license requirements for nonresident hunters participating in "coyote field trials." *

Monies in the law library fund derived from registration fees and other monies provided by law for the operation and maintenance of the law library may not be expended to defray the costs of a luncheon held by members of the bar of a county to honor a newly appointed district judge. * *

A federal regulation, which is not itself drawn and promulgated as a standard or model code or ordinance, may not be incorporated by reference in a municipal ordinance under K.S.A. 12-3009.

The bondsman may arrest and surrender his principal to the sheriff after the court's order of forfeiture, and ask the court to set the forfeiture aside. Further, the court may set aside such a forfeiture should it find, in the exercise of its discretion, that justice does not require the enforcement of the bond forfeiture. * *

A fee for restoration of a license, provided by K.S.A. 1977 Supp. 65-1817, may be prorated pursuant to 1978 House Bill No. 3247, ch. 245, L. 1978.

Fees assessed for the execution of passport applications and papers in naturalization cases which are collected by the clerks of the district courts may no longer be retained by such clerks. The 1978 legislature expressly repealed language of K.S.A. 1977 Supp. 28-170 which formerly permitted the clerks to retain such fees. That same legislature inserted language in lieu of the repealed language which now denies those fees to the clerks, and requires them to be deposited in the county general fund.

The proceeds of the system levy of a regional system of cooperating libraries established under K.S.A. 75- 2547 which are derived from one county are not required to be expended entirely or in part only in that county, but may be expended by the system board for the furnish- ing of library services anywhere in the regional system.

K.S.A. 1977 Supp. 17-2217(b) authorizes the administra- tor to prescribe reserve' requirements for central credit unions, which requirements shall not exceed five percent of the net income of such central credit unions. *

K.S.A. 74-4707 requires the Committee on Surety Bonds and Insurance under its previous interpretation of cer- tain provisions thereof, to consider providing medical coverage payments for individuals who might fall within the category of persons riding in or upon, entering or alighting from state vehicles, but who are not other- wise state officers, agents and employees. *

Institutional libraries, such as those of schools, community junior colleges, colleges and universities which are participating libraries in regional systems are entitled to representation on regional system boards created by K.S.A. 25-2550. *

County home rule powers may not be used to effect con- solidation of countywide law enforcement, such as that provided by K.S.A. 19-4424 et seq, for Riley County,. *

1) State Treasurer is authorized to exact commissions on bonds only per K.S.A. 10-505 and not on coupons. 2) State Treasurer may charge only for expressage ex- penses actually incurred. *

The new sales tax exemption, upon "sales of food products to any contractor for use in preparing meals for delivery" to home- bound elderly and disabled persons, applies to all meals so served, whether assembled and cooked by those in charge of an approved food service project, or purchased already assembled and cooked from a food service retailer. The exemption was intended to apply to the service of furnishing meals to the homebound elderly and disabled. The prepared meal itself is a "food pro- duct". *

Under K.S.A. 19-246, upon the appointment of a county counselor, all duties in civil matters otherwise re- quired by law of the county attorney pass to the county counselor. Thus, the county counselor properly may be responsible for representation in proceedings under the Act for Obtaining Treatment of Mentally Ill Persons, K.S.A. 1977 Supp. 59-2901 et seq., in proceedings for the treatment of alcoholism and intoxication, in uniform reciprocal enforcement of support actions, and in juve- nile matters. *

August 15, 1978 ATTORNEY GENERAL OPINION NO. 78-264 Mr. Michael J. Malone District Attorney Judicial & Law Enforcement Center Lawrence, Kansas 66044 Re: Counties--Salaries and Wages--Procedure Synopsis: The requirement of K.S.A. 19-235 that itemized and verified vouchers be submi…

Proceeds of general obligation bonds which were approved by the voters for construction of a 12-inch water trans- mission line may be used for the construction of a 10- inch water transmission line, for the reduced pipe dimension does not constitute a material departure from the project as approved by the electorate, nor a diver- sion of the bond proceeds for a purpose other than that for which they were approved. *

A city governing body has authority under K.S.A. 41- 2704 to prescribe standards of conduct for premises licensed for the sale and dispensing of cereal malt beverages. A city may regulate conduct and entertain- ment on such premises by regulations which substantially parallel those upheld by the United States Supreme Court in California v. LaRue, 409 U.S. 109 (1972). An ordi- nance prescribing such standards and regulations need not be enacted as a charter ordinance, but should be enacted by ordinary ordinance. * *

Although a board of county commissioners has no statu- tory authority to terminate the appointment of specialized assistants appointed by the county appraiser, to which the board has given its advice and consent, the board retains substantial authority over the compensation paid such personnel, and thus may virtually compel the termination of such appointments indirectly by the exer- cise of its statutory authority over such appointees' salaries. * *

Although K.S.A. 1977 Supp. 72-1106 as amended specif- ically authorizes the closing of schools due to incle- ment weather which causes hazardous driving conditions, the board retains authority to close schools for other extraordinary conditions which it deems harmful to the health and welfare of students and school personnel. However, when the board determines to approve dismissal for such other reasons, such as hot weather, days on which classes are cancelled or dismissed for such rea- sons may not be counted toward the 180-day requirement, and waivers may not be granted under K.S.A. 1977 Sup

There is no authority for any county to expend county funds for the payment of premiums for life insurance and other catastrophic insurance plans extended to nonjudicial personnel of the state court system whose salaries will be paid by the state effective January 1, 1979. *

The proceeds of any levy imposed for mental health services under K.S.A. 19-4004 must be paid over to the treasurer of the governing board of the community mental health center established pursuant to K.S.A. 19-4001 et seq., and the responsibility for the epxenditure of said funds is vested solely in that governing board. * *

Continued public use of a road or alleyway within a cemetery owned and operated jointly by a city and town- ship does not give rise to a public prescriptive right in such road or alleyway as a public road adverse to the board of trustees so as to foreclose the power of that board to close or alter such road or alleyway as it deems in the best interest of the cemetery. * *

August 9, 1978 ATTORNEY GENERAL OPINION NO. 78-256 Mr. James B. McKay, Jr. McKay and McKay 214 West Central Avenue Post Office Box 49 El Dorado, Kansas 67042 Re: Cities--Industrial Revenue Bonds--Facility Synopsis: A city which proposes to issue industrial revenue bonds under K.S…

There being no controlling statute, the governing body of a library organized under K.S.A. 12-1220 et seq., K.S.A. 12-1231 et seq., K.S.A. 12-1236 et seq, and K.S.A. 72-1623 may adopt an appropriate policy as an administrative decision either authorizing or prohibit- ing the disclosure of the names of library card holders and the titles of books and other materials checked out by particular patrons. * *

Under K.S.A. 1977 Supp. 19-2601, the Sheriff of each county is required to locate his office at the county seat, such place provided by the county, such place provided by law, or at such place as directed by the County Commission.

August 2, 1978 ATTORNEY GENERAL OPINION NO. 78- 253 Mr. W. Keith Weltmer Secretary of Administration Department of Administration 2nd Floor - State Capitol Topeka, Kansas 66612 Re: Architectural Services--Secretary of Administration- -Powers Synopsis: Under K.S.A. 75-5404 as amen…

The service marks Oak Park, Corinth Downs, Verona Hills and Verona Gardens are not ineligible for registration due to similarity to existing corporate names described herein, under K.S.A. 81-112(f).

A city may lawfully forbid the location of mobile homes for residential purposes in any area of the city except those locations zoned expressly for mobile home parks or mobile home communities, under City of Colby v. Hurtt, 212 Kan. 113, 509 P.2d 1142 (1973).

When a corporation has executed a consent to the use of a trademark by another corporation, which consent has been duly recorded with the Secretary of State, and the trademark in question has been duly registered in the name of such other corporation, that registration is conclusive upon the Secretary of State and this office as to the ownership of the trademark, whether such consent was in fact an assignment or otherwise, unless and until ownership of the trademark is deter- mined by a court of competent jurisdiction. *

July 26, 1978 ATTORNEY GENERAL OPINION NO. 78- 247 H. Scott Beims Rawlins County Attorney Rawlins County Courthouse Atwood, Kansas 67730 RE: Oil and Gas Properties - Taxation - Where Severance - Where Production. K.S.A. 79-329-334; K.S.A. 79-420. SYNOPSIS: Where the fee to the su…

The holder of a license to practice medicine issued by the Board of Healing Arts which is denominated "in- active" solely because the holder does not engage in the active practice of medicine in this state and for that reason is relieved from compliance with the con- tinuing medical education requirements of the Board remains a "health care provider" as defined at K.S.A. 1977 Supp. 40-3401(f).

Under K.S.A. 1977 Supp. 25-901, a committee supporting a candidate seeking election to local political office must report in detail from whom each contribution or receipt was received. The reporting of aggregate re- ceipts from a fund-raising dinner or like event, without disclosing the identity of contributors, purchasers of tickets and others making contributions to the candi- date, is not sufficient under this section.

Disbursements from the prosecuting attorneys' training fund established by K.S.A. 1977 Supp. 28-170a are made upon the sole authority of the county or district attor- ney, and are not subject to the approval of the board of county commissioners. *

A person who is not a citizen of the United States is ineligible for appointment as a notary public under K.S.A. 53-101 et seq.

In designating an agency architect under ch. 337, § 23, L. 1978, no person shall be eligible for such appoint- ment unless such person is an employee of the agency receiving the appropriation for the project for which architectural services are required.

The use of corporate funds of a telephone company to defray the administrative costs of a political action committee comprised of individual employees of the company, which committee intends to solicit funds for the purpose of making contributions to candidates for state elective office, does not violate K.S.A. 25-1709. *

Monies in the special employment security fund, created facilities reserved exclusively for persons using local offices of the employment security program administered by the Division of Employment. * *

Under the abolition of the Board of Social Work Examiners as provided in section 5 of the Kansas Sunset Law, ch. 308, L. 1978, the Secretary of Social and Rehabilitation Services continues to exercise independently the sub- stantive powers and responsibilities concerning the licensure of social workers which are vested in that office under K.S.A. 75-5301 et seq.

July 19, 1978 ATTORNEY GENERAL OPINION NO. 78- 239 Mr. W. Keith Weltmer Secretary of Administration Department of Administration 2nd Floor - State Capitol Topeka, Kansas 66612 Re: Architectural Services--Project Architects--Insurance Coverage Reimbursement Synopsis: Under section…

The board of county commissioners may call an election, which would be entirely advisory in nature, to solicit the wishes of the electorate whether a levy should be authorized for airport purposes under K.S.A. 3-121. * *

Ch. 323, § 9, L. 1978, authorizing certain assessments for the benefit of the law enforcement training center fund to be imposed by municipal courts conflicts with the prohibition against the assessment of costs for the administration of justice in the Code of Procedure for Municipal Courts at K.S.A. 12-4112. To the extent of the conflict, the 1978 provision must prevail, and save and except for those assessments, the prohibition against the assessment of costs for the administration of justice remains in effect. *