Kansas AG Opinions — 1984

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 …

Where there are three simultaneous vacancies on the city council of a third class city, the mayor must appoint an elector to fill the first vacancy with the consent of the two remaining council members. Thereupon, that appointee having taken office, the mayor should proceed to fill the second vacancy, with the consent of a majority of all council members (including the member just appointed), and so on, until all vacancies are filled.

The common law doctrine of incompatibility of offices precludes one person from simultaneously holding the offices of city council member and clerk of the municipal court in a city of the third class having a mayor-council form of government. Cited herein: K.S.A. 12-4108.

Based on existing decisions, the federal courts would construe the Kansas mortgage registration fee to be "a stamp tax or similar tax" within the meaning of 11 U.S.C.A. §1146(c). Consequently, this tax may not be imposed upon a mortgage of real property which is given pursuant to a reorganization plan that has been confirmed under the federal bankruptcy code.

December 13, 1984 ATTORNEY GENERAL OPINION NO. 84- 120 Karen Barefield County Attorney Ottawa County Courthouse Minneapolis, Kansas 67467 Re: Counties and County Officers -- Sheriff -- Qualifications for Office Synopsis: By the terms of K.S.A. 1983 Supp. 19-801b, an indi- vidual …

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.

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.

December 11, 1984 ATTORNEY GENERAL OPINION NO. 84- 118 John A. Lamb Director Alcoholic Beverage Control Division Department of Revenue 700 Jackson, 2nd Floor Topeka, Kansas 66625 Re: Intoxicating Liquors and Beverages -- Licensing and Related Provisions -- Persons Ineligible for …

November 27, 1984 ATTORNEY GENERAL OPINION NO. 84- 117 Robert L. Earnest Russell City Attorney P. 0. Box 72 410 North Main Street Russell, Kansas 67665 Re: Bonds and Warrants--Cash-Basis Law--Lease or Installment-Purchase Agreements Synopsis: Under the provisions of K.S.A. 10-111…

A city without a medical treatment facility may, pursuant to home rule powers granted by Article 12, Section 5 of the Kansas Constitution, adopt an ordinance granting public funds to a private, nonprofit corporation for the construction and operation of a medical clinic to serve the city.

November 8, 1984 ATTORNEY GENERAL OPINION NO. 84- 115 Larry K. Vardaman Director, Youth Residence Hall 1900 East Morris Wichita, Kansas 67211 Re: Public Health -- Homes for Children -- Persons Pro- hibited from Employment Therein; Effect of Expunge- ment of Offense Synopsis: K.S.…

A city or county may levy a tax to support a service program for the elderly under the provisions of K.S.A. 12-1680. That statute does not, however, authorize a hospital district to levy such a tax.

October 31, 1984 ATTORNEY GENERAL OPINION NO. 84- 113 Bert Cantwell Superintendent Kansas Highway Patrol 122 SW Seventh Topeka, Kansas 66603 Re: Insurance -- Kansas Automobile Injury Reparations Act - - Motor Vehicle Liability Insurance; Applica- bility to Non-Resident Motorists …

Pursuant to K.S.A. 72-7071(b), any increase in funds obtained by a school district by appeal to the State Board of Tax Appeals must be budgeted and expended exclusively for the purpose for which the increase is authorized. Thereafter, any such amount may not be budgeted or expended for a purpose different than the purpose for which an increase was initially obtained.

October 19, 1984 ATTORNEY GENERAL OPINION NO. 84-111 William A. Taylor III Cowley County Counselor P.O. Box 731 Winfield, Kansas 67156 Re: Counties and County Officers -- Planning and Zoning -- Regulations Governing Subdivision of Lands; Approval of Plats Synopsis: Pursuant to K.…

October 19, 1984 ATTORNEY GENERAL OPINION NO. 84- 110 John R. Wurth Securities Commissioner 503 Kansas Avenue, Suite 212 Topeka, Kansas 66603 Re: Corporations -- Securities -- Registration; Sub- mission of Notice Attorneys at Law -- Attorneys From Other States -- Appearances Befo…

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.

K.S.A. 41-715 prohibits the dispensing, whether through sale or gift, of alcoholic liquor to persons who are incapacited or who are physically or mentally in- capacitated through the consumption of liquor, and makes a violation of the statute a misdemeanor. As a criminal statute, the language of K.S.A. 41-715 must be strictly construed, and cannot be read so as to include the sale of liquor to a person who is not in- toxicated at the time of sale, even if such person is known to have a history of alcohol abuse. Cited herein: K.S.A. 41-715; 59-3002; K.S.A. 1983 Supp. 77-201, Thirty-First; L. 19

An extension of water lines owned and maintained by a water district organized pursuant to K.S.A. 19-3501 et seq. does not constitute a "municipal work or improvement," within the meaning and intent of K.S.A. 12-6a01 et seq.

The authority of the Kansas Department of Economic Development to make grants pursuant to Chapter 276 of the 1984 Session Laws of Kansas (to establish incubator facilities for small business concerns) is subject to the condition that only qualified nonprofit corporations shall be eligible to receive a grant. A city or county is not such a nonprofit corporation, and is not eligible to receive a grant, even under circumstances where the city or county agrees to "pass the funds through" to an eligible nonprofit corporation.

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…

K.S.A. 1983 Supp. 79-1801 and 12-1678a are statutes in pari materia which authorize and require the county clerk to place delinquent utility charges (constituting a lien on real property) upon the tax rolls where a city ordinance provides for certification and collection "in the same manner as taxes levied against property."

Reserve police officers are not law enforcement officers but rather persons who assist law enforcement officers, and therefore fall within the general prohibition against carrying concealed firearms when off duty. K.S.A. 1983 Supp. 21-4201(1)(d). They may carry concealed firearms when on duty or during those hours they are actively engaged in assisting law enforcement officers. Cited herein: K.S.A. 19-805b, 21-3110, K.S.A. 1983 Supp. 21-4201, 74-5602. * *

October 3, 1984 ATTORNEY GENERAL OPINION NO. 84- 103 John J. Gillett Wilson County Attorney Wilson County Courthouse, Room 201 Fredonia, Kansas 66736 Re: State Departments; Public Officers, Employees -- Kan- sas Open Meetings Act -- Joint Meetings Between Gov- erning Bodies Subje…

Article 11, Section 9 of the Kansas Constitution pro- hibits the state from being a "party" in carrying on works of "internal improvement," apart from four specific exceptions. One of these exceptions permits the state to be a party in - flood control works and works for the "conservation or development of water resources," with no limit on the amount of general obligation bonds which may be issued and no prohibition on the use of property tax revenues. Revenue bonds are not covered by the language of Article 11, Section 9, and may be issued regardless of any limits contained therein, in that

October 1, 1984 ATTORNEY GENERAL OPINION NO. 84- 101 Joseph W. Snell Executive Director Kansas State Historical Society 120 West Tenth Street Topeka, Kansas 66612 Re: Public Health -- Uniform Vital Statistics Act -- Disclosure of Records Synopsis: State and local authorities may …

September 21, 1984 ATTORNEY GENERAL OPINION NO. 84- 100 The Honorable Leroy A. Hayden State Senator P.O. Box 458 Satanta, Kansas 67870 Re: Elections -- Sufficiency of Petitions -- County-Wide Initiative; No Basis In Constitution or Statutes -c—nopsis: Before a petition requesting…

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.

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.