Kansas AG Opinions — 1992

ROBERT T. STEPHAN ATTORNEY GENERAL December 15, 1992 ATTORNEY GENERAL OPINION NO. 92- 153 The Honorable Carol H. Sader State Representative, 22nd District 8612 Linden Drive Prairie Village, Kansas 66207 Re: State Departments; Public Officers and Employees -- Kansas Tort Claims Ac…

The Decatur board of county commissioners cannot buy a plow with money from the county general fund to give to the soil conservation district so that they can lease it to private individuals.

ROBERT T. STEPHAN ATTORNEY GENERAL December 15, 1992 ATTORNEY GENERAL OPINION NO. 92- 151 The Honorable Sandy Praeger State Representative, 44th District 3601 Quail Creek Court Lawrence, Kansas 66047 Re: Criminal Procedure -- Trials and Incidents Thereto -- Persons Acquitted Beca…

ROBERT T. STEPHAN ATTORNEY GENERAL December 3, 1992 ATTORNEY GENERAL OPINION NO. 92- 150 The Honorable Ron Todd Commissioner of Insurance Kansas Insurance Department 420 S.W. 9th Street Topeka, Kansas 66612-1678 Re: Corporations--Cooperative Societies--Bylaws and Regulations Insu…

The use of the word "shall" in a statute which specifies a set number of meetings per year is directory not mandatory if that statute does not provide consequences for non-compliance. Members of the advisory commission on health and environment should be compensated with subsistence allowances, and reimbursement for mileage and other actual and necessary expenses for attending commission meetings.

ROBERT T. STEPHAN ATTORNEY GENERAL November 30, 1992 ATTORNEY GENERAL OPINION NO. 92- 149 Nola Foulston Sedgwick County District Attorney County Courthouse 535 N. Main Wichita, Kansas 67203 Re: Public Records, Documents and Information -- Records Open to Public -- Inspection of R…

ROBERT T. STEPHAN ATTORNEY GENERAL November 25, 1992 ATTORNEY GENERAL OPINION NO. 92- 148 The Honorable Don Rezac State Representative, 61st District 12350 Ranch Rd. Emmett, Kansas 66422 The Honorable Bob Mead State Representative, 112th District 509 Houck P.O. Box 224 Pawnee Roc…

Upon being taken into custody for commission of an act which would be a misdemeanor or felony if committed by an adult, a juvenile may be detained for booking up to six hours in a jail or adult lock-up if there is sight and sound separation from adult prisoners. A juvenile taken into custody for commission of a traffic offense or violation of wildlife and parks statutes may be so detained as well.

County commissioners elected to positions created by an increase in the number of commissioner districts pursuant to K.S.A. 1991 Supp. 19-203(c), as amended by L. 1992, ch. 38, § 3, are to take office on the second Monday in January following their election.

ROBERT T. STEPHAN ATTORNEY GENERAL November 12, 1992 ATTORNEY GENERAL OPINION NO. 92- 145 Patrik W. Neustrom Saline County Counselor 300 W. Ash Salina, Kansas 67401 Re: Minors -- Kansas Juvenile Offenders Code; Detention in Jail -- Prohibition; Expense of Care and Custody of Juve…

Although county road signs would be beneficial in locating the address of the caller or person in need, we do not believe these signs sufficiently interact with the components of the emergency response system, and therefore may not be paid for from taxes levied pursuant to K.S.A. 12-5301 and 12-5304.

ROBERT T. STEPHAN ATTORNEY GENERAL November 10, 1992 ATTORNEY GENERAL OPINION NO. 92- 143 Stephen B. Plummer Sedgwick County Counselor Sedgwick County Courthouse 525 North Main Street, Suite 359 Wichita, Kansas 67203-3790 Re: Automobiles and Other Vehicles--Uniform Act Regulating…

K.S.A. 8-2010, as amended by L. 1992, ch. 141 requires designation of each emergency vehicle by only the county with primary jurisdiction over the vehicle.

ROBERT T. STEPHAN ATTORNEY GENERAL November 6, 1992 ATTORNEY GENERAL OPINION NO. 92-141 Meredith Williams Executive Secretary Kansas Public Employees Retirement System Capitol Tower, Suite 200 400 S.W. 8th Avenue Topeka, Kansas 66603-3925 Re: State Boards, Commissions and Authori…

K.S.A. 1991 Supp. 74-3266 requires primary care practice in the designated underserved areas of this state for osteopathic scholarship agreements entered into after June 30, 1988. We find no similar requirement for completing residency in a primary care specialty, but would encourage notifying students, prior to entering residency, of the primary care practice obligations. Cited herein: K.S.A. 1991 Supp. 74-3266; 76-374; 76-375; L. 1988, ch. 362, § 3.

K.S.A. 1991 Supp. 41-714(a)(2) attempts to prohibit retailers from advertising alcoholic liquor by means of billboards. However, the statute does not sufficiently inform retailers what conduct will subject them to penalties, and prohibits advertising by "billboard" in terms so vague that persons of common intelligence must necessarily guess at its meaning. In our opinion that provision is therefore violative of due process and unenforceable.

Based upon the facts presented, the doctrine of incompatibility of offices precludes a person from serving concurrently as assistant city treasurer for the city of Kansas City and as a member of the board of public utilities for Kansas City.

Upon receipt of notice of a death from other than natural causes, a coroner is required to take charge of a dead body within a period of time which is reasonable under the circumstances. The type of notice and the time frame for notifying the coroner should also be reasonable under the circumstances. Since a search warrant may be the preferable course of action in some situations, coroners are counseled to seek the advice of the district or county attorney in specific cases.

The provisions of the student publications act, L.1992, ch. 5, §§ 1, 2, 3, are not applicable to community colleges.

ROBERT T. STEPHAN ATTORNEY GENERAL October 27, 1992 ATTORNEY GENERAL OPINION NO. 92- 136 Douglas D. Depew Cherryvale City Attorney 620 Main Street P.O. Box 313 Neodesha, Kansas 66757 Re: Cities of Second Class; Commission Government-- Commission Form of Government--Abandonment of…

An ordinance increasing the penalty for certain crimes when the crimes are motivated by bigotry does not violate the first amendment to the United States constitution.

A board of county commissioners does not have the authority to place any greater eligibility criteria on county officials than is provided by statute or constitution. Term limitations would constitute an eligibility criterion and therefore may not be imposed by such a board.

ROBERT T. STEPHAN ATTORNEY GENERAL October 16, 1992 ATTORNEY GENERAL OPINION NO. 92- 133 The Honorable Gerald "Jerry" Karr State Senator, Seventeenth District R.R. #2, Box 101 Emporia, Kansas 66801 Re: Counties and County Officers--County Commissioners; Powers and Duties--Change …

ROBERT T. STEPHAN ATTORNEY GENERAL October 15, 1992 ATTORNEY GENERAL OPINION NO. 92- 132 Robert J. Watson City Attorney City Hall, 8500 Santa Fe Drive Overland Park, Kansas 66212 RE: Public Records, Documents and Information -- Records Open to Public -- Inspection of Records; Cer…

K.S.A. 1991 Supp. 74-4902 and 74-4932 clearly require that a person be employed in a position requiring 1,000 hours of work per year in order for that person to be considered an eligible employee under KPERS. If a person does not meet this qualification, the person may not participate in KPERS.

A county official charged with official misconduct cannot be reimbursed by the county for attorneys fees associated with the defense of those charges. If not charged with official misconduct, and if the crime charged was committed while discharging official duties in good faith or for the public benefit, the official may be reimbursed at the county's discretion.

ROBERT T. STEPHAN ATTORNEY GENERAL January 29, 1992 ATTORNEY GENERAL OPINION NO. 92-13 The Honorable Clyde D. Graeber State Representative, Forty-First District State Capitol, Room 502-S Topeka, Kansas 66612 Re: Taxation--Property Valuation, Equalizing Assessments, Appraisers and…

Failure of the county treasurer to follow the procedures in K.S.A. 79-5116 does not excuse payment of interest on delinquent motor vehicle taxes.

ROBERT T. STEPHAN ATTORNEY GENERAL October 14, 1992 ATTORNEY GENERAL OPINION NO. 92- 128 The Honorable Elizabeth Baker State Representative, Eighty-Second District 601 Honeybrook Lane Derby, Kansas 67037 Re: State Boards, Commissions and Authorities--Public Employees Retirement S…

Article 15, section 10 of the Kansas constitution does not preclude the legislature from amending K.S.A. 1991 Supp. 41-2646 to allow counties to consider a proposition to limit sales of liquor by the drink in public places to those places which obtain a temporary permit. K.S.A. 1991 Supp. 41-2642 would need to be amended as well, should the legislature choose to do this.

Non-profit commercial enterprises that meet the requirements of section 3 of the enterprise zone act are eligible for the sales tax exemption provided by K.S.A. 1991 Supp. 79-3606(ee), as amended.

ROBERT T. STEPHAN ATTORNEY GENERAL October 5, 1992 ATTORNEY GENERAL OPINION NO. 92- 125 The Honorable Kathleen Sebelius State Representative, Fifty-Sixth District 224 Greenwood Topeka, Kansas 66606 Re: State Boards, Commissions and Authorities--State Lottery; Kansas Lottery Act--…

In delegating power to an administrative agency, the legislature must set standards and guidelines limiting and directing the agency's exercise of power. Absent such standards, there is an unconstitutional delegation of power. The emergency medical services act, so far as it concerns regulation of ambulance services, sets forth sufficient standards.

Taxes collected for a recreation commission which certifies its budget to a school district should be disbursed by the school district to the recreation commission in a timely manner, normally within 30 days of receipt by the school district. The school district treasurer is to serve as ex officio treasurer to the recreation commission without additional compensation.

A register of deeds presented with a deed, other instrument transferring title to real estate or an affidavit of equitable interest in real estate that does not reflect an exemption listed in K.S.A. 1991 Supp. 79-1437e, as amended, may not insert the necessary language, or record the instrument unless it is accompanied by a real estate sales validation questionnaire.

The Decatur county soil conservation district does not have the authority to enter into a lease-purchase agreement that exceeds the current budget year.

ROBERT T. STEPHAN ATTORNEY GENERAL September 14, 1992 ATTORNEY GENERAL OPINION NO. 92- 120 The Honorable Ben E. Vidricksen State Senator, Twenty-Fourth District 713 N. 11th Street Salina, Kansas 67401 Re: Cities and Municipalities--City-Manager Plan; General Provisions--Commissio…

Pursuant to K.S.A. 79-503a and the holding in Garvey Grain, Inc. v. MacDonald, 203 Kan. 1 (1969), guidelines and schedules promulgated by the director of property valuation must reflect, where applicable, realistic market-place depreciation, including short and long-term physical deterioration or functional, economic or social obsolescence.

ROBERT T. STEPHAN ATTORNEY GENERAL September 14, 1992 ATTORNEY GENERAL OPINION NO. 92- 119 Thomas Powell Counsel for Unified School District No. 259 2000 Epic Center 301 North Main Street Wichita, Kansas 67202-4820 Re: Schools--Boards of Education-Change of Method of Election--Ri…

The board of county commissioners can modify contracts without being required to rebid the project as long as there is not a material change in the terms, any change is such that it could have been made before the contract had been executed, and if the change does not defeat the purpose of the competitive bidding procedure.

ROBERT T. STEPHAN ATTORNEY GENERAL September 4, 1992 ATTORNEY GENERAL OPINION NO. 92- 117 The Honorable Anthony Hensley State Senator, 19th District 2226 Virginia Avenue Topeka, Kansas 66605-1357 Re: State Departments; Public Officers and Employees -- Payroll Accounting for State…

Subsection (c) of K.S.A. 1991 Supp. 24-1219 authorizes the creation of a structure maintenance fund. A watershed district board may create the fund by passing a resolution. The statute authorizes annual deposits of funds; it does not authorize backfunding generally or for years that a structure has been in existence before the creation of the fund.

Corporations with production contracts that do not involve pork processors are exempt from the proscription against corporate ownership of farmland found at K.S.A. 1991 Supp. 17-5904. In order to qualify under this exemption a corporation must enter into a contract with a person engaged in farming for the production of agricultural products that are the subject of the production contract with the corporation. Cited here in: K.S.A. 1991 Supp. 17-5904; K.S.A. 17-5905.

Practitioners of medicine and surgery and practitioners of osteopathic medicine and surgery are authorized to diagnose psychological disorders. To the extent contrary to the discussion herein, Attorney General Opinions No. 87-184 and 92-43 are hereby modified. Cited herein: K.S.A. 1991 Supp. 65-2869; K.S.A. 65-2870; K.S.A. 1987 Supp. 74-5362; L. 1988, ch. 251, § 5.

K.A.R. 109-2-9 which permits the board to waive licensing requirements for ambulance services fails to set forth adequate standards to guide the board in exercising its discretion in granting licenses and is violative of due process. The regulation also is void because it permits the board to adopt binding policies affecting rights and obligations, without the formalities of publication under K.S.A. 77-415 et seq.

ROBERT T. STEPHAN ATTORNEY GENERAL August 20, 1992 ATTORNEY GENERAL OPINION NO. 92- 112 William M. Tuley General Counsel Johnson County Park and Recreation District 8655 College Blvd. P.O. Box 25866 Overland Park, Kansas 66225 Re: Counties and County Officers -- Parks, Museums, L…

Because the legislative means chosen to accomplish a legitimate public purpose (i.e. minimizing the accumulation of solid waste) discriminates against articles of commerce (i.e. solid waste), L. 1992, ch. 316, new sections 10, 11 and 12 must be characterized as economic protectionist measures which impermissibly burden interstate commerce. In our opinion, the state of Kansas would not be able to establish that L. 1992, ch. 316, new sections 10, 11 and 12 further public health, safety and welfare concerns that cannot be adequately served by nondiscriminatory alternatives.

A board of county commissioners-may use the trade-in procedure when disposing of property which does not exceed $50,000 in value.

Terms of office of the members of the state board of technical professions were originally set by statute and appointments made accordingly. The terms of all subsequent appointees must be made with reference to the initial terms, each commencing at the end of the preceding term. Any appointments made during a term are for an unexpired term.

ROBERT T. STEPHAN ATTORNEY GENERAL August 17, 1992 ATTORNEY GENERAL OPINION NO. 92-109 The Honorable Doug Walker State Senator, Twelfth District 212 First Osawatomie, Kansas 66064 Re: Schools--Teachers' Contracts; Supplemental Contracts--Supplemental Contracts of Employment Autho…