Kansas AG Opinions — 1978

K.S.A. 19-1310 does not apply uniformly to all cities or to all cities within any one of not to exceed four classes of cities which have been created by the legis- lature for the purpose of imposing limitations upon the constitutional power of cities to levy occupational taxes upon attorneys. Accordingly, it is ineffective to strip cities of their direct constitutional power to levy such a tax under Article 12, § 5(b) of the Kansas Constitution, and a city may proceed to levy such a tax by ordinance adopted in accordance with K.S.A. 12-137. * *

Monies granted by the Public Television Board to Fort Hays State University pursuant to K.S.A. 75-4910(a) may be used to provide architectural services for a facility to be used for a public television station, which may be located either on land owned by the Univer- sity or on private property which the University has leased, the costs of which leases may likewise be paid from funds granted under that section. Funds granted under K.S.A. 75-4910(b) to Smoky Hills Public Television Corporation may not be granted for the purpose of pro- viding architectural services, however, for planning a faci

K.S.A. 79-2930 permits an allowance to be made in the amounts or rates of levy prescribed in a budget adopted by a governing body under the Kansas budget law for unpaid taxes, which allowance may not exceed one hundred five percent of the rate of delinquency in the preceding tax year. * *

If no express statutory authority exists for the review and approval of a plat for filing respecting land located within one mile of the limits of an unincorporated city, which does not have a planning commission and which has not adopted subdivision regulations, and which land proposed to be platted is not an addition to the city, the board of county commissioners, in the exercise of its statutory home rule powers under K.S.A. 1977 Supp. 19-101a, may provide by local legislation for review and approval of such plat by the board prior to filing.

Effective January 1, 1979, the State of Kansas assumes the payment of salaries of all nonjudicial personnel of the district courts of this state. Such court per- sonnel are not, and have not been since January 1, 1977, county employees, and as a result, a county personnel policy providing for payment for unused sick leave upon termination of employment by the county does not apply to such personnel whose salaries are assumed by the State on January 1, 1979.

Under K.S.A. 1977 Supp. 44-636, as amended by ch. 191, § 1, L. 1978, the Secretary of Human Resources has the necessarily implied authority to adopt rules and regula- tions for the promulgation of standards and for any other purposes deemed necessary for implementation and enforcement of the act.

A city may by charter ordinance exempt itself from the limitations upon cereal malt beverage license fees prescribed by K.S.A. 41-2702, and provide substitute and additional limitations in lieu thereof. * *

In a city of the third class which has exempted itself by charter ordinance from K.S.A. 15-201, and which has made no other provision for filling the office of mayor in the event of a vacancy therein, the president of the council would assume the rights, duties and priv- ileges of that office until the expiration of the term of the mayor whose death, resignation or removal result- ed in the vacancy, in the first instance, and a successor was elected and qualified at the regular city election held for filling that office.

K.S.A. 19-4303 et seq. applies to three categories of counties: first, those designated urban area counties pursuant to Article 2, § 17 of the Kansas Constitution; secondly to those counties with a population in excess of 300,000; and third, to those counties with a popula- tion in excess of 65,000 and less than 180,000. It applies to only those counties which fell within the stated population categories on the effective date of the act, July 1, 1969, and hence does not apply to Douglas County, which reached the population of 65,000 only this year. *

Subpoenas issued in juvenile proceedings may be served by restricted mail. *

K.S.A. 19-233 is so vague and indefinite as to deny due process of law to any county commissioners proposed to be charged thereunder. *

The County must pay the reasonable fee to an official court reporter for the transcription from the reporter's official notes of any proceedings recorded by such reporter.

Effective January 1, 1979, the State of Kansas assumes the payment of salaries of district magistrate judges, and the amount to be paid by the state is the amount duly budgeted for such position in the 1978 calendar budget, and not any lesser amount which may in fact be paid due to administrative county action to authorize payment of less than the budgeted salary. * *

The ex officio members of regional library boards under K.S.A. 12-1232 have the same voting rights and priv- ileges as other members of the board.

The industrial fund created pursuant to K.S.A. 12-1617h may be used to purchase industrial sites to be used for sale or lease to private corporations. *

A person who, on or after July 1, 1978, applies for ex- pungement of a conviction for an offense which was com- mitted prior to that date must do so pursuant to Ch. 120, § 28, L. 1978, rather than pursuant to former K.S.A. 21-4616, -4617, or 12-4515.

If the provisions of K.S.A. 19-4424 et seq. are adopted by the voters of Geary County, Kansas, at the November 7, 1978, general election, the City of Grandview Plaza may not thereafter exempt itself from the application of the act by charter ordinance. *

Under ch. 65, § 2, L. 1978, before exercising the addi- tional levy authority created by new subsection (c) thereof, the reorganization resolution required by new subsection (d) is to be adopted by the recreation com- mission itself, rather than by the levying authority.

Deputy district coroners, excepting first deputy dis- trict coroners in counties with a population in excess of 140,000 and less than 220,000, and excepting any other deputy district coroners who are paid a per annum salary, whose compensation for their services in that capacity is derived solely from the fee of $35 for each examination of a dead body as prescribed by K.S.A. 19- 1028 are excluded from .Social Security coverage under the Section 218 agreement of the State of Kansas with the Secretary of the U.S. Department of Health, Educa- tion and Welfare and under K.S.A. 1977 Supp. 40-2302(b

1929 House Bill No. 421 did not contain amendment as passed by both House of Representatives and the Senate when governor signed it. Such amendment did not become effective as a part of the final act. *

A county board of canvassers which meets on Friday following the general election, and is unable to com- plete the canvass on that day due to the administrative and clerical problems of tabulating the election re- sults, may recess to meet on the following Monday, in order to complete the canvass.

A multistate compact entered into for the purpose of conducting a continuing study of agricultural grain marketing practices and procedures in order to develop and recommend proposed state legislation to be enacted by participating and other interested states to address problems and issues disclosed in such marketing could include a grant of subpoena power to the compact agency, which subpoenas could be enforced in the courts of the participating states for the production of infor- mation pertinent to the investigations and studies for which the compact was entered into.

A municipal court must comply with the rules of Wilbanks v. State, 224 Kan. 66, in issuing an arrest warrant. However, Wilbanks does not apply to the issuance of a notice to appear by a law enforcement officer under 12- 4204. *

October 23, 1978 ATTORNEY GENERAL OPINION NO. 78-341 Mr. Richard E. Brown Legislative Post Auditor Legislative Division of Post Audit Mills Building Topeka, Kansas 66612 Re: Purchases--Competitive Bids--Responsible Bidder Synopsis: The Director of Purchases is solely authorized b…

L. Ch. 120 § 13(2) grant an inmate convicted of Class B or C felony a statutory right to a parole hearing upon completion of minimum term of sentence, less earned good time credits. Re: Criminal Code--Sentencing--Retroactive Application Of New Amendments To Parole Eligibility Synopsis: As a matter of statutory construction the 1978 amendments as to parole eligibility may only operate prospectively as to inmates convicted of crimes committed after the effective date of the act, and the old administrative rules and statutes govern inmates convicted of crimes committed prior to this date. *

A county which contracts with a nonprofit private cor- poration to provide mental retardation services pursuant to K.S.A. 19-4004 may levy a tax of .25 mills for con- struction of facilities to house such services, and may erect such a building on land owned by the nonprofit corporation provided it is done pursuant to an agreement that title to the structure will vest in the board of county commissioners and that the structure is such that it may be removed from the property upon the ex- piration of the agreement.

Any board of education may contract with the governing board of a "release time" church school for the church school's use of district-owned or leased school pur- poses pursuant to K.S.A. 72-8302(b)(2). *

1) A "pass notice" made to comply with statutory re- quirements for license can be used by the Commission as a temporary license. 2) License fees collected during the calendar year apply to licenses for the year in which they are issued. 3) Applicants receiving licenses in December may pay renewal fee on date initial license is received without being subjected to penalty for late filing of renewal application.

If a unified school district elects to withdraw from participation in the federal Social Security program, its employees will no longer be eligible for participa- tion in the Kansas Public Employees Retirement System. *

There is no Kansas constitutional provision mandating the separation of powers in Kansas municipal government. .

Legal responsibility and jurisdiction for the operation of a mental health clinic which is established pursuant to K.S.A. 65-211 is vested in the joint board of health, and may not be removed from that jurisdiction by joint resolution of the participating municipalities.

Proceeds from fines levied for parking meter violations may be expended by the city for parking meter control and maintenance.

Where bids are solicited for a highway construction project, and only one bid is received, which is below the engineering estimate for the project, and the Sec- retary is satisfied that rebidding for the contract is not reasonably likely to elicit a greater response, there is no impropriety in proceeding with the award to the single bidder.

When a board of county commissioners elects under K.S.A. 79-3109 to levy no tax upon money, notes and other evidence of indebtedness for the benefit of the county, that election does not affect such taxes levied for the benefit of cities and counties located in said county. County action may affect only the intangibles tax levied for its own benefit, and not intangibles taxes levied for the benefit of other political sub- divisions.

K.S.A. 12-4301(d) allows a defendant charged with a viola- tion of a municipal ordinance - traffic or nontraffic - to deposit his or her valid Kansas drivers license as security for the appearance bond. The municipal court must accept the driver's license if offered and may not insist upon a cash bond.

Pursuit of civil remedies by a holder of a worthless check does not bar criminal prosecution of the maker. *

Action by the city governing body fixing or increasing the compensation of members of the governing body to be paid from funds of the city for the performance of their official duties may be accomplished only by or- dinance, and not by resolution. The mayor has no power to veto a motion adopted by the governing body which does not constitute an ordinance. *

The omission from a voter registration application form of the date when the applicant's present residence was established does not invalidate the voter registration based upon such application.

Under ch. 373, § 3(b), L. 1978, the authorized dues deduction plan for members of employee organizations provides for the deduction of dues for all members of such organizations who are state officers and employees, including those members for whom the organization is not the certified or recognized employee organization under K.S.A. 75-4327 and including members for whom another employee organization is the certified or rec- ognized employee organization thereunder.

Licensure of persons for child care is not unconstitu- tional by reason of any interference with parental rights or any asserted personal freedom of choice to submit a child to the care of unlicensed persons. *

October 17, 1978 ATTORNEY GENERAL OPINION NO. 78- 326 Arthur Winters Mayor of Little River City Hall Little River, Kansas 67457 RE: Real Estate - Title - Fee Conveyed to Munici- pality For Hospital Purposes - Lack of Reversion- ary Clause - Abandonment. K.S.A. 58-2202. SYNOPSIS: …

Where a county erroneously lists property for ad valorem tax purposes in the names of persons not record title owners, assesses the taxes, fore- closes without notifying the owners of record, conveys to the purchasers at such tax sale, and then several years later the true owners, by court decision, have their title quieted against such tax sale purchasers, these purchasers have a tax grievance which can be remedied by the State Board of Tax Appeals, or by an action against the county. * *

October 13, 1978 ATTORNEY GENERAL OPINION NO. 78- 324 Edwin H. Bideau III Neosho County Attorney 123 Main Street Chanute, Kansas 66720 RE: Taxation - Intangible Tax - Reduction or Eli- mination - Referendum, K.S.A. 79-3109(b), K.S.A. 1977 Supp. 19-117(c). SYNOPSIS: A board of Cou…

MAIN PHONE 1913) 296-2215 October 10, 1978 CONSUMER PROTECTION' 296-3751 ATTORNEY GENERAL OPINION NO. 78- 323 The Honorable Patrick J. Hurley Majority Leader of the House Kansas House of Representatives 3rd Floor - State Capitol Topeka, Kansas 66612 Re: Minimum Wage and Maximum H…

There being no express statutory procedure governing the sale of a township hall not involving the sale of the land on which it is located, the township trustee may in the exercise of the general powers of that office at K.S.A. 80-109 negotiate and enter into a contract for the sale and removal of the building, or for the dismantling thereof and the sale of materials.

Courses which are offered on the premises of a federal military reservation which is located within the State of Kansas by an institution of postsecondary education which is chartered, incorporated or otherwise organized, and the main campus of which, is located, outside this state are not subject to the registration requirements of ch. 87, L. 1978. * *

October 6, 1978 ATTORNEY GENERAL OPINION NO. 78-320 Mr. G. T. Van Bebber Chairman State Corporation Commission 4th Floor - State Office Building Topeka, Kansas 66612 Re: Mines and Mining--Internal Improvements--Appropriations Synopsis: Reclamation of abandoned mined land pursuant…

Proceeds of industrial revenue bonds of a city issued under K.S.A. 12-1740 et seq. may be used for the con- struction of a multiple-family residential development project. *

Law enforcement officers may properly issue citations for violations of K.S.A. 1977 Supp. 8-142 First upon expiration of the prior year's registration on December 31, unless proper application for renewal has been made on or prior to that date pursuant to K.S.A. 8-134(a).

Cattle, brought into Kansas for final feeding in feed lots, must be reported monthly by the lot operator, valued and assessed by the county ap- praiser, and taxed by the county treasurer. If such cattle later are sold or removed from the lot, the county treasurer is authorized to col- lect forthwith such taxes, by tax warrant if necessary. However, such collection procedure should not be undertaken if the owner of the cattle can satisfy the county treasurer that sufficient property remains or a satisfactory arrangement has been made, like a surety bond, that all such taxes will be paid timely