Kansas Attorney General Opinions

ROBERT T. STEPHAN ATTORNEY GENERAL. March 8, 1988 ATTORNEY GENERAL OPINION NO. 88- 32 The Honorable Jack E. Beauchamp State Representative, Fourteenth District State Capitol, Room 174-W Topeka, Kansas 66612 Re: State Boards, Commissions and Authorities--State Board of Technical P…

ROBERT T. STEPHAN ATTORNEY GENERAL March 4, 1988 ATTORNEY GENERAL OPINION NO. 88- 31 Charles A. Peckham Rawlins County Attorney 308 Main Atwood, Kansas 67730 Re: Counties and County Officers -- Hospitals and Related Facilities -- County Hospitals; Deposit of Hospital Moneys; Fina…

The assessment by a cable television company of a reasonable late payment charge which reflects the cost of collection of delinquent accounts is not "interest" pursuant to K.S.A. 16-201 et !2.1., nor is it a "finance charge" as defined by K.S.A. 1987 Supp. 16a-1-301(18) of the uniform consumer credit code. This conclusion assumes that actual efforts to collect are undertaken and the delinquent subscribers are not given alternative options for payment.

ROBERT T. STEPHAN ATTORNEY GENERAL. January 8, 1988 ATTORNEY GENERAL OPINION NO. 88-3 The Honorable Alfred G. Schroeder Kansas Racing Commission 128 N. Kansas Avenue Topeka, Kansas 66603 Re: Laws, Journals and Public Information -- Records Open to Public -- Kansas Racing Commissi…

The definition of the term "dealer," as found in K.S.A. 1987 Supp. 79-5201 (taxation of marijuana and controlled substances), does not create a presumption that one in possession of more than 28 grams of marijuana in a conveyance is "using or intends to use" that conveyance "to transport or facilitate the transportation for the purpose of sale or receipt", of that marijuana as it applies to forfeiture of conveyances pursuant to the Uniform Controlled Substances Act.

K.S.A. 65-4041(A) does not require the county attorney who represented the applicant in the initial filing to continue that representation after a change of venue has been granted. However, K.S.A. 65-4041 and 65-4053 allow the district court to which venue has been changed to tax the costs of the proceeding to the county of residence. Cited herein: K.S.A. 1987 Supp. 19-702; 19-703; K.S.A. 22-2616; K.S.A. 1987 Supp. 59-2912; K.S.A. 60-609; 61-1907; 65-4031; 65-4032; 65-4034; 65-4036; 65-4041; 65-4053.

A private, nonprofit corporation is subject to the Kansas open meetings act if it receives public funds in its operations and acts as a governmental agency in providing services to the public. As Handicapped Education and Living Programs, Inc. meets both requirements, it is our opinion that the board of directors of this organization is subject to the act.

ROBERT T. STEPHAN ATTORNEY GENERAL February 25, 1988 ATTORNEY GENERAL OPINION NO. 88- 26 The Honorable J.C. Long State Representative, One Hundredth District State Capitol, Room 174-W Topeka, Kansas 66612 Re: Banks and Banking -- Banking Code; Dissolution; Insolvency -- Definitio…

The Mayor's Commission on Governmental Efficiency is subject to the provisions of the Kansas open meetings act as it is a subordinate body of the city's governing body. Discussions concerning consolidation of departments and the addition or elimination of job functions or positions may not be held in executive session under the "personnel matters" exception.

The issue of whether there has been a violation of the Voting Rights Act or the Fourteenth and Fifteenth Amendments to the United States Constitution in utilizing at large or multi-member electoral systems is a question of fact. Relevant factors a court will consider in making such a factual determination are set forth in this opinion.

ROBERT T. STEPHAN ATTORNEY GENERAL February 19, 1988 ATTORNEY GENERAL OPINION NO. 88- 23 Charles H. Apt City Attorney P.O. Box 308 Iola, Kansas 66749 Re: Automobiles and Other Vehicles--Drivers' Licenses; Motor Vehicle Drivers' License Act--Driving While License Canceled, Suspend…

ROBERT T. STEPHAN ATTORNEY GENERAL February 17, 1988 ATTORNEY GENERAL OPINION NO. 88- 22 Stanley C. Grant, Ph.D. Secretary Kansas Department of Health and Environment Landon State Office Building 900 SW Jackson Topeka, Kansas 66620-0001 Re : Public Health -- Healing Arts; Kansas …

When a minor fourteen years of age or older makes application for voluntary admittance to a mental health care facility, the head of the facility or his designee must promptly notify the minor's parent or other person in loco parentis, even over the objection of the minor. The statutes do not require that a parent give consent prior to admission or treatment.

In preparing the annual report prescribed by K.S.A. 1987 Supp. 24-1211, the board of directors of a watershed district must separately evaluate each of the district's projects in regard to the public interest and make a determination relative thereto. Additionally, in determining whether a project is in the public interest, the board is to consider the interest of all persons in the district.

Under the provisions of subsection (c) of K.S.A. 46-922, the head of a state agency may pay up to $500 to persons for loss or damage to property, where such loss or damage was caused by the negligence of the state or any agency, officer or employee thereof. Claims for personal injuries may not be paid under the provisions of the aforesaid statute.

K.S.A. 1987 Supp. 65-204(d) excepts from the aggregate tax levy limitations contained in K.S.A. 79-5001 to 79-5016 any tax levy increase over previous levies, i.e. those authorized prior to the 1986 amendment to K.S.A. 65-204. Cited herein: K.S.A. 1987 Supp. 65-204(d); K.S.A. 79-5001; 79-5016; 79-5017; K.S.A. 1987 Supp. 79-5037.

K.S.A. 19-822 requires counties to furnish uniforms for the county sheriff and his deputies. K.S.A. 19-823 mandates that, in counties of less than 200,000 population, the county pay an additional ten dollars per month allowance for uniform expenses. The provisions of the two statutes should be read together and not as alternatives.

ROBERT T. STEPHAN ATTORNEY GENERAL. December 28, 1988 ATTORNEY GENERAL OPINION NO. 88-175 Ms. Constance M. Achterberg Saline County Counselor 118'S. 7th Street P.O. Box 1697 Salina, Kansas 67402 Mr. Joseph O'Sullivan Reno County Counselor 315 W. 1st St. P.0.Box 2066 Hutchinson,Ka…

K.S.A. 38-1202 and K.S.A. 1987 Supp. 59-2278b do not require a pregnant woman who is not a Kansas resident, but whose child is born in Kansas, to comply with the procedures of the interstate compact on placement of children.

ROBERT T. STEPHAN ATTORNEY GENERAL December 28, 1988 ATTORNEY GENERAL OPINION NO. 88- 173 Mr. Ronald S. Reuter Roeland Park City Attorney P.O. Box 7933 Overland Park, Kansas 66207 Re: Cities of the Second Class--Elections--Elective and Appointive Officers; Terms; Compensation Syn…

A person with a Ph.D. in psychology who is eligible for licensure is not required to be a licensed psychologist or a registered masters level psychologist (RMLP) if that person teaches psychology for a state university or college. However, a person hired by a state university or college to provide psychological services to students, or whose duties include providing such services, must be either a licensed psychologist or an RMLP.

ROBERT T. STEPHAN ATTORNEY GENERAL December 28, 1988 ATTORNEY GENERAL OPINION NO. 88- 171 The Honorable Herbert W. Walton District Judge, Division No. 1 Johnson County Courthouse Olathe, Kansas 66061 Re: Counties and County Officers -- County Commissioners -- Powers and Duties; B…

Exception number three exempts farmland acquired by a corporation in the acreage as is necessary for the operation of a nonfarming business from the general prohibition against corporate ownership of agricultural land found in K.S.A. 1987 Supp. 17-5904(a). For reasons discussed herein, the acquisition of the land in question is not essential to Hancock's business of lending and finance and thus cannot be acquired under this exemption.

Moneys in a special alcohol and drug programs fund established pursuant to K.S.A. 1987 Supp. 79-41a04 may not be used to finance drug law enforcement operations.

Opticians may fit contact lenses pursuant to a prescription when the fitting does not directly relate to the aiding of any insufficiencies or abnormal conditions of the eye after or by examination or testing.

County hospital board members which are selected by the election method begin their official duties on the second Monday in January next following the election. The newly elected members must take the oath prescribed by law within ten days after the election. While taking the oath is a prerequisite to assuming the duties of the office, failure to accomplish the task within the ten day period does not create a vacancy.

Pursuant to K.S.A. 1987 Supp. 75-4907(a), the public broadcast commission's powers and duties to provide "coordination and information" relate to public television and radio broadcasting, and not all telecommunications matters.

ROBERT T STEPHAN ATTORNEY GENERAL_ December 1, 1988 ATTORNEY GENERAL OPINION NO. 88- 166 Judith Bravence-Stringer Consumer Credit Commissioner Landon State Office Building 900 Jackson, Room 352 Topeka, Kansas 66612 Re: Contracts and Promises--Investment Certificates of Investment…

Certain portions of K.S.A. 39-709, as amended by L. 1988, ch. 143, § 8, conflict with sections of the Medicare Catastrophic Coverage Act of 1988, 42 U.S.C. § 1396p. In order to comply with the more restrictive federal eligibility standards, and thus remain eligible for participation in the federal medicare program, state legislative action is necessary to amend those portions of the statute that directly conflict with federal requirements.

K.S.A. 58-3924 does not by its terms mandate the disclosure of confidential vital statistic information to the state treasurer. However, K.S.A. 1987 Supp. 65-2422(a) and (e) allow the Secretary of the Kansas Department of Health and Environment (KDHE) to promulgate regulations, containing the mandated safeguards, authorizing the transfer of such vital statistic information to the state treasurer. To date, the secretary has not adopted such a regulation.

The federal deposit insurance corporation, when acting as receiver of an insolvent state bank, is to discharge the liabilities of the bank according to the statutorily prescribed order of priority. Real and personal property taxes regularly assessed against the bank are given priority pursuant to K.S.A. 1987 Supp. 9-1906, as amended by L. 1988, ch. 63, §1(b).

ROBERT T. STEPHAN ATTORNEY GENERAL November 16, 1988 ATTORNEY GENERAL OPINION NO. 88- 162 The Honorable Edwin H. Bideau III State Representative, Fifth District 14 South Rutter Chanute, Kansas 66720-1442 Re: Crimes and Punishments--Sex Offenses--Rape; Aggravated Criminal Sodomy; …

Manual pregnancy testing and embryo transfer in cattle constitute the practice of veterinary medicine. A person must be a licensed veterinarian to perform these procedures unless the person is exempt from licensure pursuant to K.S.A. 47-817.

ROBERT T. STEPHAN ATTORNEY GENERAL November 16, 1988 ATTORNEY GENERAL OPINION NO. 88-160 Constance M. Achterberg Saline County Counselor 118 S. 7th St. P.O. Box 1697 Salina, Kansas 67402-1697 Re: State Departments; Public Officers and Employees -- Kansas Tort Claims Act -- Purcha…

ROBERT T. STEPHAN ATTORNEY GENERAL February 4, 1988 ATTORNEY GENERAL OPINION NO. 88- 16 The Honorable Leroy F. Fry State Representative, One Hundred Fifth District Statehouse, Room 272 West Topeka, Kansas 66612 Re: Public Health -- Solid and Hazardous Waste; Hazardous Wastes -- L…

ROBERT T. STEPHAN November 16, 1988 ATTORNEY GENERAL ATTORNEY GENERAL OPINION NO. 88- 159 Linda S. Trigg Seward County Attorney 415 North Washington Liberal, Kansas 67901 Re: Intoxicating Liquors and Beverages--Certain Prohibited Acts and Penalties--Consumption of Alcoholic Liquo…

ROBERT T. STEPHAN ATTORNEY GENERAL November 16, 1988 ATTORNEY GENERAL OPINION NO. 88- 158 The Honorable Tim Shallenburger State Representative, First District 2027 Fairview Baxter Springs, Kansas 66713 Re: Taxation--Property Exempt from Taxation--Machinery and Equipment Used in t…

ROBERT T. STEPHAN ATTORNEY GENERAL November 7, 1988 ATTORNEY GENERAL OPINION NO. 88-157 The Honorable Nancy Brown State Representative, Twenty-Seventh District 15429 Overbrook Lane Stanley, Kansas 66224-9744 Re: Cities and Municipalities -- Public Recreation and Playgrounds -- Po…

K.S.A. 19-2921 prohibits the exercise of county zoning authority affecting property being used for an agricultural purpose. Whether or not a particular mobile home is being used for an agricultural purpose depends upon the relevant facts; placing a mobile home in an area zoned agricultural does not automatically dictate that the mobile home is being used for an agricultural purpose.

A city planning commission member whose term has expired may hold over in office until a successor has been appointed. An officer so holding over should be regarded as a de facto officer and his acts regarded as valid.

The willful neglect of duty or misconduct by a member of a governing body in authorizing improper expenditures from a restricted fund may constitute grounds for ouster pursuant to K.S.A. 60-1205. Such neglect of duty or misconduct may also be grounds for recall under the provisions of K.S.A. 1987 Supp. 25-4302.

ROBERT T STEPHAN October 28, 1988 ATTORNEY GENERAL OPINION NO. 88- 153 John M. Duma Associate County Counselor 1333 Meadowlark Lane, Suite 102 Kansas City, Kansas 66102 Re: Counties and County Officers--General Provisions--Home Rule; Advisory Elections Synopsis: The question of w…

Pursuant to the Kansas open records act, any person has the right to obtain a computerized voter registration list in computer format if the public agency has the capability of providing the record in that format.

A sentence of life imprisonment for a class A felony may not be enhanced under the provisions of the habitual criminal act. A defendant sentenced for a class A felony is eligible for parole after serving 15 years of confinement.

ROBERT T. STEPHAN ATTORNEY GENERAL October 21, 1988 ATTORNEY GENERAL OPINION NO. 88- 150 The Honorable Audrey Langworthy State Senator, Seventh District 6324 Ash Prairie Village, Kansas 66208-1369 Re: Minors -- Children and Youth Advisory Committee -- Compensation; Office Space a…

ROBERT T. STEPHAN ATTORNEY GENERAL February 4, 1988 ATTORNEY GENERAL OPINION NO. 88- 15 The Honorable Bob Ott State Representative, Seventy-First District State Capitol, Room 180-W Topeka, Kansas 66612 Re: Counties and County Officers -- Mental Health Centers -- Community Mental …

To determine whether a member of a board of education of a unified school district has changed residence, thereby disqualifying that board member from service on the board, the member's actions and intention must be considered by the county election officer.

ROBERT T. STEPHAN ATTORNEY GENERAL October 13, 1988 ATTORNEY GENERAL OPINION NO. 88-148 Steven L. Opat Geary County Attorney Courthouse Junction City, Kansas 66441 Re: State Departments; Public Officers and Employees -- Public Officers and Employees -- Open Public Meetings; Execu…

Judgment liens secured against real estate to satisfy delinquent personal property tax debts cannot be executed against homestead property. This does not preclude the sale of a mobile home used as a homestead to collect personal property taxes assessed on that mobile home.

Pursuant to K.S.A. 25-901, the Lawrence Arts Center must file a report with the county election officer because it "engaged in promoting" the adoption of a question submitted at a county election. The Center, however, is not required to report all of its receipts and expenditures, but only those which relate to the activity in question.