Kansas Attorney General Opinions

K.S.A. 1987 Supp. 17-5904 generally prohibits certain corporate ownership of agricultural land. Exception number three, however, allows corporations to acquire agricultural land for a nonfarming business, so long as the corporation does not directly or indirectly farm the land. The short term holding of swine for commercial sale does not involve the production of livestock and thus is not farming and not proscribed by the corporate farming act.

Legislation defining "land devoted to agricultural use" to include land subject to the federal conservation reserve program is an appropriate implementation of article 11, section 12 of the Kansas Constitution, and therefore such land may properly be classified as land devoted to agricultural use pursuant to article 11, section 1 of the constitution.

A government trust certificate which evidences an interest in a trust, the assets of which consist of loan notes, of which 90% of the principal and interest are backed by a full faith and credit guaranty by the United States government through the Department of Defense, is a security which may be pledged against deposit of state moneys. The certificate may only secure an amount equal to the guaranty, and not the amount equal to the certificate's full value.

The environmental coordination act provides that "[n]othing in this act shall be construed as preempting or duplicating any existing environmental review process otherwise provided or authorized by law." This language means that a water development project is not required to be reviewed pursuant to the act if such review would duplicate an existing environmental review procedure.

ROBERT T. STEPHAN ATTORNEY GENERAL September 28, 1988 ATTORNEY GENERAL OPINION NO. 88- 141 The Honorable Robert D. Miller State Representative, One Hundred Tenth District 516 Sunset Box 106 Russell, Kansas 67665 Re: Counties and County Officers -- Planning and Zoning -- Zoning of…

Users of tobacco products and boards of education are both regulated by L. 1988, Ch. 229, § 1. Individuals may not use tobacco products in school buildings, and boards of education may not allow the use of tobacco products in school buildings. School buildings are defined by the act as enclosed structures, and do not include buildings used for residences or buildings leased by boards for non-school sponsored activities. The prohibition does not extend to school grounds which are not school buildings.

Pursuant to K.S.A. 1987 Supp. 19-101a(20), counties may not exempt or change the provisions contained in K.S.A. 1987 Supp. 19-211. Pertinent language of Attorney General Opinion No. 87-164 is amended so as to be consistent with this rule.

K.A.R. 74-6-2 requires an additional office of a certified public accountant (CPA) have a resident manager who devotes more than half of his working time to the affairs of that office. This regulation is outside the scope of the legislatively delegated powers in that it violates the Fourteenth Amendment of the United States Constitution.

It is our opinion that a township may expend moneys from the proper township fund in order to hire an attorney for township purposes. Such purposes may include appearing on behalf of the township at a public hearing concerning proposed annexation pursuant to K.S.A. 1987 Supp. 12-520. However, a township may not expend public moneys to hire an attorney merely for lobbying against an annexation on behalf of the township or representing the legal interests of private landowners.

K.S.A. 1987 Supp. 41-717 prohibits the retail sale of alcoholic liquor on credit. A system which involves the purchaser's use of a credit card, thus allowing the purchaser to defer payment to a later date, is a sale on credit even though the retailer receives payment immediately through a third party.

ROBERT T. STEPHAN ATTORNEY GENERAL September 16, 1988 ATTORNEY GENERAL OPINION NO. 88- 136 Mr. Douglas F. Martin Shawnee County Counselor Courthouse, Room 203 Topeka, Kansas 66603-3922 Re: Agriculture -- State and Other Agricultural Societies and Fairs; Shawnee County Fair Associ…

ROBERT T. STEPHAN ATTORNEY GENERAL September 16, 1988 ATTORNEY GENERAL OPINION NO. 88- 135 The Honorable Kenneth W. Green State Representative 327 Marmaton El Dorado, Kansas 67042 Re: State Boards, Commissions and Authorities -- Public Employees Retirement Systems; Kansas Public …

Generally, the obligation of any person, copartnership, association or corporation to a bank may not exceed 15% of that bank's paid-in and unimpaired capital stock plus unimpaired surplus. Certain obligations are not included in determining the total value of liability which is to be compared with the bank's lending limit. One such exclusion is the secondary obligation of a guarantor. A guarantor promises to answer for the debt, default or miscarriage of another. Cited herein: K.S.A. 1987 Supp. 9-1104. *

A program designed to encourage youths to seek counseling, education, or treatment for substance abuse may be considered as aiding the prevention and education or intervention of drug and alcohol abuse. Whether this is the principal purpose of the programs in question for purpose of receiving special alcohol and drug programs funds moneys is a question of fact to be determined by the county commission in conjunction with the local drug and alcohol advisory board.

Kansas cities have authority under the police power and article 12, section 5 of the Kansas Constitution to regulate the drilling of oil wells within their corporate limits. In our judgment, an ordinance which prohibits drilling within one thousand feet of a residential building, or which prohibits placement of a tank for storage of crude oil within the limits of a city, is not unreasonable or arbitrary, and does not deprive landowners of their property without due process of law.

A criminal statute should not be extended to embrace conduct not clearly included within the statute's prohibition. K.S.A. 1987 Supp. 74-8810(d)(3) and (e), criminal provisions, do not clearly include a county fair association licensed only as an organization licensee within their prohibition. Thus, it is our opinion that county fair associations, their directors, officers and employees are not statutorily prohibited from wagering on or participating in horse race meetings conducted in this state.

ROBERT T. STEPHAN ATTORNEY GENERAL September 6, 1988 ATTORNEY GENERAL OPINION NO. 88-130 Winston Barton Secretary, State Department of Social and Rehabilitation Services Docking State Office Building Sixth Floor Topeka, Kansas Re: Minors--Kansas Code for Care of Children; General…

ROBERT T. STEPHAN ATTORNEY GENER AL February 2, 1988 ATTORNEY GENERAL OPINION NO. 88- 13 Judith K. Stringer Consumer Credit Commissioner Landon State Office Building 900 Jackson, Room 352 Topeka, Kansas 66612 Re: Consumer Credit Code--Insurance; Consumer Credit Insurance--Amount …

A withholding order issued pursuant to K.S.A. 23-4,105 et sea. affecting an obligor state official or employee should be served on the director of accounts and reports and not on the Attorney General.

No person is eligible for nomination, election, or appointment to the office of sheriff unless the person possesses a high school education or its recognized equivalent. A G.E.D. certificate is a recognized equivalent. The successful completion of an intelligence test as part of the pre-training evaluation prior to admittance to a Law Enforcement Training Center training course does not constitute the recognized equivalent of a high school education.

Vehicle brokers, licensed pursuant to the vehicle dealers and manufacturers licensing act and current on their monthly reports to the division of vehicles, may purchase temporary vehicle registration permits under K.S.A. 8-2408. Cited herein: K.S.A. 1987 Supp. 8-2401; K.S.A. 8-2402; K.S.A. 1987 Supp. 8-2404; K.S.A. 8-2408; and K.S.A. 1987 Supp. 8-2409.

K.S.A. 1987 Supp. 75-37,102 authorizes the use of a negotiating committee to evaluate competitive sealed proposals submitted pursuant to the notice required by that statute. The statute requires a competitive analysis of the proposals submitted, though factors other than price may be taken into consideration. The Director of Purchases may, in an invitation for bids, reserve the state's right to revert to the provisions of K.S.A. 1987 Supp. 75-37,102.

The described co-promotional agreement between the Kansas Lottery and a private business: 1) is excepted from the trading stamp act; 2) is permissible as a promotion which furthers the purpose of the lottery act; 3) is not an illegal lottery if one of the three elements of a lottery (prize, consideration, chance) is eliminated from the operation; and 4) may advertise that every ticket purchased will be accompanied by a bonus which is redeemable through the private business.

It is our opinion that school districts using the member district system may make amendments to member district boundaries to correct errors or to make the boundaries more practicable. School boards are required to make changes in member district boundaries by adopting a resolution at the October meeting preceding the general election if such changes are appropriate. Appropriateness of redistricting is to be determined on the basis of an equal protection analysis, so that an elector's vote is not diluted in comparison to other electors.

Property which is leased for profit to a business for use for purposes enumerated in article 11, section 13 of the Kansas Constitution is not property used exclusively for those purposes and thus is not qualified for the tax exemption authorized by that provision. The legislature may, however, statutorily authorize such an exemption.

The city of Topeka may, pursuant to home rule powers granted by article 12, section 5 of the Kansas Constitution, establish a program whereby cash grants would be awarded to new or expanding businesses which invest private capital and create new jobs in the city's economy.

In our opinion, adoption of the Kansas City Plan, Inc., as an affirmative action program for the city of Kansas City would not violate Article 15, Section 12 of the Kansas Constitution (commonly known as the "right to work amendment") or the Equal Protection Clause of the United States Constitution.

When a conditional license is granted to an applicant, competing applications are denied. At such time, the unsuccessful applicants are eligible for the process of refunding the deposit to commence. The refund is subject to set-off for administrative and investigative expenses incurred after April 7, 1988. The statutes and regulations do not preclude the applicant from refiling an application when the competing applicant's conditional license expires for lack of a financial commitment.

Section 7 of the Kansas Bill of Rights and the First Amendment to the United States Constitution guarantee free exercise of religion. Students do not shed these rights when they enter school grounds. Absent a compelling state interest, a student may not be prohibited from reading a Bible or other religious text during free reading periods or unstructured recesses.

Pursuant to the provisions of K.S.A. 48-323, the Kansas Military Board is to procure and keep in force fire and extended coverage insurance on armories under its control. Although the term "armory" is not defined in the statute, such term would include storage buildings (constructed upon property generally managed and cared for by the Kansas Military Board pursuant to K.S.A. 48-301 et e2a designed and used principally for .)

1988 House Bill No. 2812 (L. 1988, ch. 126) requires "any item of clothing . . . intended to protect firefighters from death or injury while fighting fires" to meet the standards established by the National Fire Protection Association. This requirement does not extend to work/station clothing worn by firefighters while on duty.

!, STATE OF KANSAS i I OFFICE OF THE ATTORNEY GENERAL t: ,¥ !1"· 2ND FLOOR, KANSAS JUDICIAL CENTER, TOPEKA 66612 ,; 1sERT T. STEPHAN MAIN PHONE t913J 296'2215 • ATIO::SNEY GENERAL August 22, 1988 CONSUMER PROTECTION 296·375 I ~ ~ t ~- t· .', ATTORNEY GENERAL OPINION NO. 88- 117 L…

It is our opinion that the Kansas parimutuel racing act does not permit simulcasting between licensed racetrack facilities.

It is our opinion that a valid petition pursuant to K.S.A. 1987 Supp. 19-27a03 must: 1) contain the statements set forth in subsection (b) of that statute, and 2) follow the applicable provisions of K.S.A. 25-3601 et seq. Without a proper petition, or the alternative action by the secretary of health and environment or the local health officer, the board lacks jurisdiction to take action pursuant to K.S.A. 1987 Supp. 19-27a01 et seq.

K.S.A. 1987 Supp. 2-610(b) does not mandate action by the board of county commissioners within 10 days after initial receipt of a proposed budget. If the proposed budget is not approved within 10 days after its receipt, it should be returned to the board in a timely manner. The board may then resubmit it to the commission for action according to the procedures set forth in the statute.

In light of 1988 legislative changes, production contracts that do not involve pork processors as defined by L. 1988, ch. 99., sec. 56 and that by statute do not result in the acquisition of agricultural land, do not violate the corporate farming act, K.S.A. 17-5902 et seq. Cited herein: K.S.A. 17-5902 et seg., as amended by L. 1988, ch. 99, §5 53-56; K.S.A. 47-1501(c).

Courts presume the constitutionality of a statute and resolve all doubts in favor of its validity. This presumption, when combined with the lack of prohibitory language in K.S.A. 25-3802, leads us to conclude that, while state law does not require an officer of a county central committee to be a member of a precinct committee, a political party may require such membership.

ROBERT T. STEPHAN ATTORNEY GENERAL August 12, 1988 ATTORNEY GENERAL OPINION NO. 88- 111 The Honorable Robert G. Frey State Senator, Thirty-Eighth District P.O. Box 1177 Liberal, Kansas 67901-1177 Re: Census -- Population or Census Statistics; Application -- Enumeration of Residen…

K.S.A. 8-237 allows a restricted licensee to operate a motor vehicle (1) while going to or from or in connection with any job or employment or (2) for purposes of school attendance. In our opinion the work related criteria does not require a formal employment agreement. The school attendance restriction permits operation of a motor vehicle only for attendance purposes and does not permit operation for the purpose of driving to and from school for other functions or activities. Cited herein: K.S.A. 8-237; 8-245; 72-1111.

ROBERT T. STEPHAN ATTORNEY GENERAL February 2, 1988 ATTORNEY GENERAL OPINION NO. 88- 11 Steven L. Boyce Coffey County Attorney 514 Neosho, P.O. Box 452 Burlington, Kansas 66839 Re: Counties and County Officers -- County Commissioners -- Powers of Board of Commissioners Synopsis: …

Fee title to real estate properly dedicated to public use vests in the local unit of government in trust for such public use, and may not be lost through nonuse. Absent an exemption, the local unit of government which owns the fee is responsible for property taxes thereon. Cited herein: K.S.A. 1987 Supp. 12-406.

ROBERT T. STEPHAN ATTORNEY GENERAL August 5, 1988 ATTORNEY GENERAL OPINION NO. 88- 108 Melvin F. Corn, Director Area Vocational-Technical School 2215 N. Kansas P.O. Box 1599 Liberal, Kansas 67905-1599 Re: Schools -- Miscellaneous Provisions -- Use of Tobacco Products in Public Sc…

L. 1988, ch. 115, which allocates good time credits for the purpose of determining parole eligibility and conditional release should be applied retroactively to those sentenced under K.S.A. 21-4618 prior to July 1, 1982.

Moneys credited to the alcohol and drug safety action fund pursuant to K.S.A. 1987 Supp. 8-1008(e) may not be used to pay for a training course on drug and alcohol abuse attended by a municipal court judge.

A voting machine meets the requirement of providing facilities for write-in votes if it provides a key board on which a voter may "type" a write-in candidate's name.

ROBERT T. STEPHAN ATTORNEY GENERAL July 19, 1988 ATTORNEY GENERAL OPINION NO. 88- 104 The Honorable George Teagarden State Representative, Twelfth District Route 2, Box 89A LaCygne, Kansas 66040 Re: Mentally Ill, Incapacitated, Dependent Persons -- Social Welfare -- Powers and Du…

Under the provisions of subsection (d) of K.S.A. 25-3602, any person who has signed a petition who desires to withdraw his name may do so by giving written notice to the county election officer or other designated official not later than the third day following the date upon which the petition is filed. In our opinion, the written notice of withdrawal is subject to the verification requirement imposed by subsection (c) of K.S.A. 25-3602.

CHAMBERS OF FRANK J. YEOMAN, JR. JUDGE OF THE DISTRICT COURT DIVISION EIGHT SUITE 3 I 0 July 13, 2000 Robin Wolfe, Supervisor Amendment Unit, Vital Statistics 900 SW Jackson, Suite 151 Topeka, KS 66612-2221 RE: Proposed Change of Birth Certificate--In re: K.K.D. 199510024673 Dear…

ROBERT T. STEPHAN ATTORNEY GENERAL July 13, 1988 ATTORNEY GENERAL OPINION NO. 88- 100 The Honorable Fletcher Bell, Commissioner Kansas Insurance Department 420 SW 9th St. Topeka, Kansas 66612 Re: Automobiles and Other Vehicles--Driving Under the Influence of Alcohol or Drugs; Rel…

The Crime Victims Reparations Board (Board) does not have authority to pay reparations to claimants if it does not have funds. However, even if the Board has no money, the Board still has the duty to process claims and make awards. For reasons stated in this opinion, the Board does not have authority to prorate claims.