Kansas AG Opinions, 1979

A district court is without the power to order the closing of an unused but unvacated road for the benefit of the adjoining landowners, and the county attorney may seek the removal of any obstruction placed on such road even though the county commission does not request such action.

Kansas wheat taxes deposited in the state general fund pursuant to K.S.A. 1978 Supp. 2-2609 are limited in amount to two hundred thousand dollars ($200,000) pursuant to K.S.A. 1978 Supp. 75-3070e.

Kansas Prison Inmate records transferred to the Kansas State Historical Society prior to enactment of the Criminal History Record Information Act for historical purposes are open to public inspection.

The last sentence of subpart (2)(B) of K.S.A. 59-2931(a) vests unlimited discretion in the head of a treatment facility concerning disclosure of medical or treatment records of a deceased patient to the patient's next of kin, but creates no statutory right to disclosure of such records in favor of the next of kin.

The tax levies authorized by K.S.A. 19-1561, K.S.A. 1978 Supp. 19-1561b and 19-15,116(d) (as amended by L. 1979, ch. 52, §S 85, 86 and 89, respectively) are not exempt from the aggregate tax levy limitations imposed by K.S.A. 79-5001 et seq.

September 13, 1979 ATTORNEY GENERAL OPINION NO. 79-205 Mr. J. Patrick Hyland Washington County Attorney 115 East Third Washington, Kansas 66968 Re: Roads and Bridges--Unsafe Bridges--Duties of County Officers Synopsis: National bridge inspection standards incorporate the recommen…

The Kansas State Historical Society, as a nonprofit corporation, may conduct a native music and art festival on state property and use proceeds from the sale of tickets and products as the executive committee of the Society may determine.

Subsection (q) of K.S.A. 1978 Supp. 79-3603 imposes sales tax on services to items which were once tangible personal property, but which have been incorporated into real estate. Pursuant to that subsection, sales tax must be collected on gross receipts received for the providing of building maintenance and janitorial services.

According to K.S.A. 1978 Supp. 12-1741 any city has the power to issue revenue bonds for the acquisition and development of sites "in any city or its environs without limitations as to distance" (emphasis added). "Environs" is defined as "the suburbs or districts around about a city or other populated place" and "any adjoining or surrounding region or space." A city may, therefore, issue industrial revenue bonds for the development of a site where such site is separated from the issuing city by the incorpo- rated limits of another city.

September 6, 1979 ATTORNEY GENERAL OPINION NO. 79- 199 Dr. James A. McCain Secretary of Human Resources Kansas Department of Human Resources 401 Topeka Avenue Topeka, Kansas 66603 Re: Labor and Industries--Regulation of Labor and Industries--Authority to Remove Hazardous Substanc…

As a condition of an order of probation, a judge of a district court may exercise statutory discretion to restrict or prohibit the use of a driver's license by a minor found to have violated any of six serious traffic offenses and adjudged to be a miscreant child.

In accordance with long-standing administrative interpretations of the Kansas Fish and Game Commission, K.S.A. 1978 Supp. 32-104 must be construed to permit a nonresident to legally sell furs, regardless of where legally taken, to a licensed Kansas fur dealer, provided said non- resident is in possession of a trapping license issued to such person by his state or residency.

August 29, 1979 ATTORNEY GENERAL OPINION NO. 79- 198 Mr. Samuel L. Schuetz Brown County Attorney Hiawatha, Kansas 66434 Re: Pregnancy Discrimination Act--Benefits Required Under Fringe Benefit Programs Synopsis: The Pregnancy Discrimination Act, Pub. L. 95-555, 92 Stat. 2076 (197…

Prohibiting the use of steel traps in the taking of fur-bearing animals is an unauthorized exercise of the Commission's authority because such prohibition conflicts with the provisions of K.S.A. 1978 Supp. 32-158. However, pursuant to K.S.A. 1978 Supp. 32-158, 32-164 and 32-215, the Kansas Fish and Game Commission may regulate and prohibit the use of steel traps in certain locations. *

In conducting investigations pursuant to K.S.A. 75-3306, the subpoena power of the Secretary of Social and Rehabilitation Services extends to any person possessing information which is relevant and material to the inquiry, and is not confined to those persons who are under investigation. However, the above-cited statute grants only the power to subpoena witnesses, and does not authorize the issuance of subpoenas duces tecum.

Employees of a hospital organized under K.S.A. 1978 Supp. 80-2113 et seq. are not subject to search and seizure restrictions imposed by the Fourth Amendment of the Constitution of the United States, when searching patients' effects. However, the search may be unreasonable, creating civil liability for intrusion.

The Secretary of Ullman Resources may consider employer contributions for the second quarter actually received subsequent to July 31, 1979 ,

August 24, 1979 ATTORNEY GENERAL OPINION NO. 79- 189 Mr. Edward J. Mayfield Wyandotte County Clerk Wyandotte County Courthouse Kansas City, Kansas 66101 Re: Cities and Municipalities--Planning and Zoning-- Plats, Industrial Developments Synopsis: K.S.A. 12-705b requires that a ci…

Pursuant to the Kansas Tort Claims Act L. 1979, ch. 186), purchase of liability insurance by a school district providing for coverage beyond the limits of liability provided by law will subject the insurer of such school district to greater liability than required by law.

K.S.A. 82a-702 does not express a clear legislative intent to retain exclusive jurisdiction in the state to regulate the impoundment of irrigation water. The county may legislate in this area pursuant to its home rule power, as provided in K.S.A. 19-101a et seq. A county resolution providing for regulation in addition to and not in conflict with K.S.A. 82a-706c is a valid exercise of the county home rule power.

The ordinance of the City of Coffeyville which prohibits retail sales of liquor at times not specified in K.S.A. 41-712 does not conflict with said statute, nor does such ordinance inter- fere with the jurisdiction of state agencies empowered to enforce Kansas liquor laws.

The power of cities and of other taxing subdivisions to levy property and ad valorem taxes is circum- scribed by enactments of the legislature passed in the exercise of its constitutional function under Article 11 of the Kansas Constitution. Cities have no authority to exempt from taxation by the city specific items of personal property subject to the property tax.

The board of county commissioners of any county may by resolution combine for operation and maintenance purposes any sewer districts created pursuant to K.S.A. 19-2704 et seq., wherever located in the county, under a single, combined budget for such purposes.

The Kansas Adult Authority may not validly release an inmate on parole to detainer absent the inmate's agreement to the parole contract.

Upon receipt of a resolution passed by the governing body of a city, which city has the requisite popula- tion mandated by the provisions of K.S.A. 1978 Supp. 19-117(c), the board of county commissioners must submit to an election the question of imposing a tax at the rate proposed by said governing body. However, the board of county commissioners need not, prior to said election, adopt a county revenue resolution levying such a tax. (Affirming Attorney General Opinion No. 79-144.)

August 22, 1979 ATTORNEY GENERAL OPINION NO. 79- 181 Mr. Sherman A. Parks, Jr. Deputy Assistant - Legal Counsel Office of Secretary of State Capitol -- 2nd Floor Topeka, Kansas 66612 Re: Corporations--Foreign Corporation--"Doing Business in Kansas" Defined Synopsis: The activitie…

A person appointed to the office of sheriff who has not held the office within two (2) years prior to appointment and has not attended the law enforcement training academy within two (2) years prior to appointment must attend the law enforcement training academy and satisfactorily complete the required training course in accordance with K.S.A. 1978 Supp. 19-8011 and 74-5608.

University of Kansas personnel may search any residence hall room if notice is given in accord- ance with the twenty-four hour notice requirement referenced in the residence hall contract. Emer- gency searches are permitted without such notice where there is "imminent danger" to life, health, safety or property. Unreasonable searches, not in compliance with these contractual provisions, may give rise to legal rights and remedies pur- suant to the United States Constitution, federal civil rights law and Kansas tort laws, in addition to any legal recourse from breach of the residence hall contra

Pursuant to subsection (d) of K.S.A. 1978 Supp. 65-1815, a student who has successfully completed 1500 hours within a period of nine (9) months at a school or college of barbering approved by the Board of Barber Examiners, but who has not met the graduation requirements of such school and has not graduated therefrom, is not qualified to- receive a certificate of registration as a registered apprentice or to take the registered apprentice examination conducted by the Board. *

K.S.A. 1978 Supp. 39-936 (as amended by L. 1979, ch. 131, §1) prohibits an adult care home from requiring that a resident obtain medication from a particular supplier. However, it does not proscribe a requirement by an adult care home that its residents use a "unit dose system" in providing for their medication needs.

The provisions of K.S.A. 1978 Supp. 60-2310(d) (as amended by L. 1979, ch. 183, S5) do not pre- clude the use of wage garnishment in connection with a debt which has been placed with, but not sold or assigned to, a debt collector or collection agency, irrespective of the time such debt was in- curred, the time it was placed for collection or the time such debt was reduced to judgment.

The Secretary of State does not have authority to sell or convey any interest in islands in navigable streams pursuant to K.S.A. 1978 Supp. 82a-209 or any other statute. Absent such statutory delegation of the legislature's authority, the Secretary of State may not exercise such powers.

A person who has been granted "permission" to use a private lane as a "means of approaching" a public highway has, within the means of K.S.A. 68-117, been provided access from such person's land to the public highway. Thus, as long as this access continues such person is not landlocked and is not entitled to petition the board of county commissioners for a road from the public highway through the adjoining lands to such person's property.

The residents of the City of Erie, Kansas, are required to use the solid waste pickup service provided by Neosho County, Kansas. However, Neosho County may not require the City of Erie to collect fees imposed by said county for operation of the Neosho County landfill and for payment of the collection services provided by said county.

Pursuant to K.S.A. 72-6761 voters must receive adequate notice of the purpose for which general obligation bonds of the school district are to be issued. Thus, projects not mentioned in the bond proposition may not be completed with bond proceeds. However, the details of construction on building projects are left to the discretion of the school board. Therefore, where the bond proceeds are sufficient, a board may accept alternatives to upgrade the project. However, if the bond pro- position does not so state, bond proceeds may not be supplemented with capital outlay funds in order to pay for a

August 10, 1979 ATTORNEY GENERAL OPINION NO. 79- 171 The Honorable Fletcher Bell Commissioner of Insurance State Office Building, First Floor Topeka, Kansas 66612 Re: Insurance---Life and Health Insurance Guaranty Association ---Definitions---Member Insurer Synopsis: A burial ins…

K.S.A. 8-1716 requires vehicles to display headlights when such vehicles are parked upon a roadway during the hours between a half hour after sunset and a half hour before sunrise and there is insufficient light to reveal any person or object within a distance of one thousand (1,000) feet. Such requirement applies to law enforcement vehicles. K.S.A. 8-1716 does not apply to situations where a law enforcement vehicle is parked in a private drive for the purpose of radar traffic enforcement.

A farm trailer is exempt from registration as long as it carries no more than six thousand (6,000) pounds over the actual empty weight of the trailer.

In matters affecting a township water system established under K.S.A. 80-1601 et seq., the township board is empowered to operate and maintain the water system, and the township trustee may not unilaterally exercise powers or perform functions vested in the board by these statutes.

August 7, 1979 ATTORNEY GENERAL OPINION NO. 79- 167 Mr. Phillip I. Harris City Attorney Overland Park City Hall 8500 Antioch Overland Park, Kansas 66212 Re: Public Officers and Employees -- Open Public Meetings -- Secret Balloting Synopsis: The Overland Park City Council may not …

Pursuant to the provisions of K.S.A. 79-306 and 79-1422, the final date upon which statements listing the tangible personal property of individual taxpayers must be filed before a penalty for late filing will be assessed is the last day of February. *

K.S.A. 19-436 (as amended by L. 1979, ch. 52, §83) imposes an annual requirement to publish notice regarding the costs incurred pursuant to K.S.A. 19-430 et seq., providing for the appointment, qualifications, compensation, powers and duties of county appraisers. Further, if a timely protest petition is not filed in response to such notice, the taxes required to pay such costs must be ex- cluded in computing a county's aggregate tax levies and thereby be exempt from "tax lid" limitations.

In determining a local public library's eligibility for state grants-in-aid pursuant to K.S.A. 75-2556, local ad valorem tax reduction fund moneys may not be considered in measuring the local tax effort. Such effort is based solely on ad valorem tax levies. (Affirming Attorney General Opinion No. 79-60.)

The monthly publication of a statement of all county expenditures, as required by K.S.A. 19-228, must include by itemized description an identification of each and every sum allowed, and the purpose of each such disbursement. Description of sums allowed by totals according to general classifications and categories is inadequate to satisfy the requirements of this statute. * *

The provisions of subsection (c) of K.S.A. 1978 Supp. 79-3425c, which designates the permissible usage of a city's distributive share of the Special City and County Highway Fund, permits the purchase of equipment which is to be used in connection with the construc- tion, reconstruction, alteration, repair and main- tenance of the streets and highways of such city.

The provisions of K.S.A. 79-3901 et seq., impose an excise on harvesting and dealing in grain. Thus, the provisions of Article 11, Section 1, of the Kansas Constitution are inapplicable thereto, and such excise represents a constitutionally valid exercise of legislative authority.

The statutory exemptions provided for in K.S.A. 79-201a, Second, as amended by L. 1979, ch. 307, Sl; 79-201d; and 79-201f, as amended by L. 1979, ch. 308, §1, cannot be said, as a matter of law, to be entirely devoid of a rational basis. Such statutory exemptions are not constitutionally infirm as a violation of Article 11, Section 1, of the Kansas Constitution. However, the provisions of K.S.A. 79-201e, which grant only a partial exemption of certain real estate from property taxation conflict with said constitutional provi- sions which require a uniform and equal rate of assessment and taxat