Kansas AG Opinions, 1984

A city may, by charter ordinance, exempt itself from the limitations upon cereal malt beverage license fees prescribed by K.S.A. 41-2702. Such a charter ordinance may prescribe the amount of such license fees, or may authorize the governing body to prescribe the amount by ordinary ordinance adopted by the governing body.

Release of an inmate upon attaining his or her conditional release date is mandatory. The Kansas adult authority may impose conditions upon conditional releasees to the same extent as upon parolees.

K.S.A. 1983 Supp. 22-2909 provides for the content of diversion agreements which are entered into by a defendant and a county or district attorney. One pro- vision which may be included concerns the payment of restitution, including court costs and diversion costs. While the term diversion costs is not defined in the statute, it can be construed to include those specific expenses actually incurred by personnel of the county or district attorney's office in drafting and executing the divtcalfgreement:

February 14, 1984 ATTORNEY GENERAL OPINION NO. 84- 14 Morgan Metcalf Butler County Attorney Judicial Building El Dorado, Kansas 67042 Re: Taxation -- Judicial Foreclosure and Sale of Real Estate -- Initiation of Action by County; Multiple Petitions Synopsis: K.S.A. 79-2801 author…

February 14, 1984 ATTORNEY GENERAL OPINION NO. 84- 13 John B. Kemp Secretary of Transportation Seventh Floor, State Office Building Topeka, Kansas 66612 Re: State Departments; Public Officers, Employees -- Department of Transportation -- Expenditures From Railroad Rehabilitation …

The removal of a new or used vehicle from a stock of vehicles (held for resale) by a licensed vehicle dealer, and registration of the vehicle in the dealership name, does not constitute a sale at retail under the provisions of K.S.A. 1983 Supp. 79-3602(e). However, where such registration of a vehicle occurs, compensating tax is due pursuant to the provisions of K.S.A. 79-3703, K.A.R. 92-20-3, and K.A.R. 1983 Supp. 92-19-43. Also, in computing said tax, the dealer may not claim credit for a trade-in allowance given by the dealer in the transaction whereby the dealer acquired the vehicle.

February 8, 1984 ATTORNEY GENERAL OPINION NO. 84- 9 Charles H. Apt Apt and Apt Attorneys at Law P.O. Box 328 Iola, Kansas 66749 Re: Automobiles and Other Vehicles -- Serious Traffic Offenses -- Driving Under Influence of Alcohol or Drugs; Work Release for Multiple Offenders Citie…

The Kansas Open Meetings Act is applicable to meet- ings of the Board of Trustees of the Economic Opportun- ity Foundation, Inc., and such meetings must be open to the public.

February 3, 1984 ATTORNEY GENERAL OPINION NO. 84 - 8 Marvin A. Harder, Secretary Department of Administration Room 263-E, State Capitol Topeka, Kansas 66612 Re: Kansas Constitution--Legislative--Laws Enacted Only by Bill; All Bills Passed Presented to the Governor Statutes--Rules…

February 3, 1984 ATTORNEY GENERAL OPINION NO. 84- 7 Lewis A. Heaven, Jr. Bennett & Heaven 11125 Johnson Drive Shawnee, Kansas 66203 Re: Drainage and Levees -- General Provisions -- Dissolution of Districts; Elections; Transfer of Funds Synopsis: K.S.A. 1983 Supp. 24-139 provides …

February 1, 1984 ATTORNEY GENERAL OPINION NO. 84- 6 The Honorable Joan Finney Treasurer, State of Kansas 700 Harrison Topeka, Kansas 66601 Re: State Departments -- State Moneys -- Deposit of State Moneys; Use of Notes Representing Loans Under the Federal Guaranteed Student Loan P…

Utilizing the authority granted by K.S.A. 1983 Supp. 19-15,139 et seq., Shawnee County may issue bonds for the construction or acquisition of "civic and other multi-use public facilities." The authority granted by the act is not limited to the construction or acquisition of a single facility and may be utilized for distinct and separate facilities if such facilities may be defined as civic or other multi-use public facilities.

January 27, 1984 ATTORNEY GENERAL OPINION NO. 84- 4 Marvin R. Webb Director Grain Inspection Department P.O. Box 1918 Topeka, Kansas 66601 RE: Grain and Forage, Grain Storage; Terminal and Local Warehouses -- Public Warehouseman, License: Application -- Financial Statements Synop…

The city of Leavenworth and Leavenworth County may withhold budget approval, and may refuse to fund the Leavenworth city-county board of health, where the board's proposed budget does not take into account accumulated funds under control of the board, or where the budget includes expenditures which the city or county determine are not necessary for public health activities of the board. In the absence of a charter ordinance and a charter resolution providing otherwise, the Leavenworth city- county board of health has exclusive control over the expenditure of all moneys paid to the credit of it

January 10, 1984 ATTORNEY GENERAL OPINION NO. 84- 9 Donald 0. Phelps Consumer Credit Commissioner 217 S.E. Fourth, 4th Floor Topeka, Kansas 66603 Re: Consumer Credit Code -- Consumer Loans; Maximum Finance Charges -- Loans Secured by Mortgage on Real Estate; Charging of Nonrefund…

A municipality, through the exercise of constitu- tional home, rule powers, may grant to the munici- pal court the power to impose contempt sanctions against persons who fail to obey the subpoenas of a municipal administrative agency.

September 6, 19 ATTORNEY GENERAL OPINION NO. 84- 92 David H. Heilman Council Grove City Attorney 200 West Main Street Council Grove, Kansas 66846 Re: Automobiles and Other Vehicles--Act Regulating Traffic; Equipment of Vehicles--One-Way Glass or Glazing of Windows Prohibited Syno…

June 11, 1984 ATTORNEY GENERAL OPINION 84- 53 Kenneth Moore, Sheriff Dickinson County Sheriff's Department 109 East 1st Street Abilene, Kansas 67410 Re: Counties and County Officers -- Sheriff -- Meetings and Seminars; Discretionary Authority to Send Per- sonnel Counties and Coun…

Section 5(a)(3) of 1984 Senate Bill No. 654 authorizes the Kansas Real Estate Commission to provide the names of persons licensed under the Real Estate Brokers and Salesmen Act to organizations and in- stitutions authorized to provide educational courses and materials to such licensees under K.S.A. 58-3046a(d). Such lists may be sold or given to the authorized organ- izations for the sole purpose of providing the persons listed with information relating to the availability of educational materials or courses offered by such organizations.

K.S.A. 19-1204 requires a Register of Deeds to main- tain certain handwritten record books. Although K.S.A. 58-2224 provides that certain other forms of record keeping will satisfy this requirement, it does not authorize the exclusive use of computerized re- cording. Thus, while a Register of Deeds may use a computer to aid in the recording functions of the office, he or she must also maintain the books re- quired by K.S.A. 19-1204 until the legislature specifically allows computerized record keeping to be substituted for the handwritten records.

Incomplete notations of the date of signature on a petition do not constitute a defect or irregu- larity which would invalidate the entire petition or the individual signatures, if the incomplete notations of the date do not prevent the election officer from determining whether the petition was filed within the time limit established by the statute. Even if individual signatures are invalid, they do not necessarily operate to in- validate the entire petition if sufficient valid signatures remain to meet the statutorily required minimum.

K.S.A. 1983 Supp. 21-3913, as amended, prohibits a person from knowingly selling, giving or receiving, for the purpose of selling or offering for sale any property or service to persons listed therein, any list of names and addresses contained in or derived from public records. This statute prohibits the Kansas Real Estate Commission from knowingly pro- viding lists of names maintained as a public record to private schools for the purpose of offering to sell to persons listed services provided by the school.

December 19, 1984 ATTORNEY GENERAL OPINION 84- 125 Marvin S. Steinert Savings and Loan Commissioner 503 Kansas Avenue, Room 220 Topeka, Kansas 66603 Re: Corporations -- Savings and Loan Association; Incor- poration and Organization -- Use of Words "Banking" and "Bank" in Advertis…

STATE OF KANSAS OFFICE OF THE ATTORNEY GENERAL 2ND FLOOR, KANSAS JUDICIAL CENTER, TOPEKA 66612 ROBERT T. STEPHAN MAIN PHONE: (913) 2ge-221S ATTORNEY GENERAL CONSUMER PROTECTION: 296-3751 December 17, 1984 ANTITRUST: 296-5299 ATTORNEY GENERAL OPINION NO. 84- 124 The Honorable Ben …

Pursuant to K.S.A. 1983 Supp. 22-4501 et seq., theStateBoardofIndigentDefenseServices has the authority to deny authorization of claims for compensation in cases where the attorneys seeking compensation were appointed without regard to the applicable system for providing legal services to indigent defendants as established by the board.

The Federal Deposit Insurance Corporation (FDIC) does not come under the definition of supervised lender [K.S.A. 1983 Supp. 16a-1-301(38)] or supervised financial organization [K.S.A. 1983 Supp. 16a-1-301 (37)] when it acquires supervised loans as the re- sult of a take-over of a state or national bank which it has insured. As a result, it does not need a license issued by the Consumer Credit Commissioner prior to accepting payments on such loans or taking steps to enforce those loans which are in default.

October 11, 1984 ATTORNEY GENERAL OPINION 84- - 106 The Honorable Rex B. Hoy State Representative, 24th District 2801 Johnson Drive Shawnee Mission, Kansas 66205 Re: Laws, Journals and Public Information -- Records Open to Public -- Lists of Names and Addresses; Prohibition Again…