Kansas Attorney General Opinions

A class A city may reduce the rate of its city retailers' sales tax by adopting an ordinance under home rule powers granted by Article 12, Section 5 of the Kansas Constitution.

Water conservation measures which reduce an existing water right are compensable takings if such measures are imposed to preserve water for future public use. Compensation is not necessary if conservation is required in order to promote health, safety and welfare.

ROBERT T. STEPHAN ATTO RNEY GENERAL. January 19, 1988 ATTORNEY GENERAL OPINION NO . 88- Mr. Gary L. Flory McPherson County Counselor P.O. Box 1103 McPherson, Kansas 67460 Re: Cities and Municipalities -- Governmental Organization -- Consolidation of Operations, Procedures and Fun…

The Metropolitan Topeka Airport Authority is subject to a special assessment for a water main extension project of the city of Topeka. Cited herein: K.S.A. 12-6a01; 27-330. *

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…

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.

ROBERT T. STEPHAN ATTORNEY GENERAL January 6, 1988 ATTORNEY GENERAL OPINION NO. 88- 1 Mr. Charles A. Peckham Rawlins County Attorney 308 Main Atwood, Kansas 67730 Re: Bonds and Warrants -- Cash-Basis Law -- Creating Indebtedness In Excess Of Funds Unlawful; Exceptions Aircraft an…

ROBERT T. STEPHAN ATTORNEY GENERAL. December 31, 1987 ATTORNEY GENERAL OPINION NO. 87- 191 Tom Hanna, Director Alcoholic Beverage Control Division 700 Jackson Street Jayhawk Tower Topeka, Kansas 66603 Re: Intoxicating Liquors and Beverages--Licensing and Related Provisions; City …

Executory contracts for the sale of real estate which have the characteristics described in K.S.A. 79-3101 are mortgages of real property for purposes of the mortgage registration fee statutes. Federal land banks, which are exempt from all but real estate taxes assessed by the state, are thus exempt from the payment of mortgage registration fees upon the filing of such contracts. Similarly, production credit associations, as instrumentalities of the United States government, are exempt from mortgage registration fee requirements.

The senior class funds of a high school class which is merged with another school within the same district should be distributed in accordance with the nature of the property interest claimed by the students. If the students have a legitimate expectation of receiving benefits from the fund, then the moneys should be distributed to the schools actually attended. Otherwise, the moneys should be distributed to the district's senior class as designated by the board.

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 Cowley County Developmental Services and Project Independence meet both requirements, it is our opinion that the boards of directors of these organizations are subject to the Act. Cited herein: K.S.A. 75-4317; 75-4317a; K.S.A. 1986 Supp. 75-4318. * *

The Kansas Association of Community Colleges is not prohibited by statute from using its funds which are derived from membership fees for lobbying expenses. Whether paying for lobbying expenses is otherwise a lawful purpose for the association is to be determined by the association's bylaws.

Sales tax revenue bonds issued by a city or county pursuant to L. 1987, ch. 60, §7, are subject to the interest rate limitations which apply to bonds as stated in K.S.A. 10-1109, as amended.

ROBERT T. STEPHAN ATTORNEY GENERAL. December 21, 1987 ATTORNEY GENERAL OPINION NO. 87- 184 Ms. Mary Ann Gabel Executive Secretary Behavioral Sciences Regulatory Board Landon State Office Building 900 Jackson - Room 855 Topeka, Kansas 66612 Re: State Boards, Commissions and Author…

When a county obtains an easement to create a county road thereby facilitating public travel, the extent of county interest in and authority over the land is defined by the purpose and character of the easement. When the county possesses an easement granted for a specific purpose and use, the county has no authority to grant permission for other uses outside the scope of the easement. Use of seismographic equipment to promote another public purpose that does not advance the purpose of public travel is beyond the scope of the use for which the easement was granted.

State chartered banking institutions may operate branch facilities only within the limitations of K.S.A. 1986 Supp. 9-1111, as amended. These limitations are not affected by an interpretation of federal law which allows federally chartered banks to branch in the same manner as state chartered savings associations.

Based upon the rules of statutory construction and the history and circumstances surrounding the enactment of K.S.A. 75-4321 et seq., it is our opinion that the public employer-employee relations act does not apply to court personnel, but legislative employees are included within the scope of the act's provisions.

Violations of the cereal malt beverage act are violations of the intoxicating liquor laws for purposes of issuing a license for retail sale of cereal malt beverages.

Section 19(a)(2) of the Kansas lottery act precludes only officers and certain employees of those businesses providing supplies, services and equipment used directly in the operation of a lottery game from purchasing lottery tickets or winning prizes. Persons only tangentially connected to the Kansas lottery are not included within this prohibition.

ROBERT T. STEPHAN ATTORNEY GENERAL December 1, 1987 ATTORNEY GENERAL OPINION NO. 87- 177 Mr. David K. Markham Labette County Counselor P.O. Box 611 Parsons, Kansas 67357 Re: Counties and County Officers--County Commissioners--Powers and Duties Counties and County Officers--Genera…

The Kansas Water Office possesses statutory authority to recommend the proposed name change of local health departments. The recommendation can be made to either the local authorities who govern such a department or to the state legislature or governor. When the health department is created pursuant to state authority, the state can legislatively mandate such a name change. Whether a local health department can individually effect such a change depends upon the extent and degree of local authority over each individual health department.

ROBERT T. STEPHAN ATTORNEY GENERAL December 1, 1987 ATTORNEY GENERAL OPINION NO. 87-175 The Honorable Michael L. Johnston Senate Minority Leader P.O. Box A Parsons, Kansas 67357 Re: State Departments; Public Officers and Employees--State Health Care Benefits Program--Kansas State…

The intent of L. 1987, ch. 215 is to encourage individuals to serve as volunteers for certain nonprofit organizations by granting to the volunteer immunity from liability for negligent acts or omissions. There are limitations to this immunity. For the act to apply, the organization must carry general liability insurance which will pay on behalf of the insured when an individual suffers loss for which the insured is liable. The exact amount and type of insurance required is to be determined in light of the exposure to liability which arises out of the organization's activities.

Pursuant to Kansas law, counties may impose limitations as to the size and weight of vehicles on certain roads. Constitutional restrictions apply to such regulations and require that every classification be reasonable and rest upon a rational basis which serves a valid governmental purpose. The proposed regulation restricting weight on county roads should apply equally to all vehicles under the same circumstances and conditions.

Hospitals, physicians and nurses involved in training medical intensive care technicians are not insulated from liability by K.S.A. 65-4307(a) for their wrongful acts.

Pull tab games are a form of lottery which may be used in the state owned and operated lottery. Such games may be legalized for others to operate only by passing a constitutional amendment which would be subject to a public referendum.

K.S.A. 19-304 does not require the county clerk to attend executive sessions of the board of county commissioners. Only the members of a public body have the right to attend executive sessions of that body.

The "personnel matters" exception to the open meetings law, K.S.A. 75-4319(b)(1), pertains to employees of public agencies. Independent contractors hired by public bodies are not employees. Therefore, discussions concerning the qualifications of persons and firms in selecting independent contractors cannot take place in an executive session but must be held in an open meeting.

The list of Kansas attorneys compiled by the Clerk of the Appellate Courts is a public record subject to disclosure under the Kansas Open Records Act. It is our opinion that the privacy exception to mandatory disclosure, K.S.A. 45-221(a)(30), gives the Clerk discretion in this instance to delete attorneys' social security numbers from the information contained in the list before releasing the list to the public.

Public library levies are subject to the limitations imposed by K.S.A. 1986 Supp. 79-5022 regardless whether the tax is levied for the library by a taxing subdivision which is required by law to do so.

ROBERT T. STEPHAN ATTOR NEY G ENER November 23, 1987 ATTORNEY GENERAL OPINION NO. 87- 166 Mr. David R. Heger Miami County Attorney P.O. Box 245 Paola, Kansas 66071 Re: Counties and County Officers--Fire Protection-- Fire District Organization; Disorganization or Alteration Synops…

The state must show a compelling state interest to justify a durational residency requirement for participants of the general assistance program. If such an interest exists, it would justify the disparate treatment between those receiving ADC and those receiving GA benefits.

ROBERT T. STEPHAN ATTORNEY GENERAL November 23, 1987 ATTORNEY GENERAL OPINION NO. 87- 164 Patricia J. Jorns Pratt City Attorney P.O. Box 807 Pratt, Kansas 67124 Gordon B. Stull Pratt County Attorney Pratt County Courthouse Pratt, Kansas 67124 Re: Counties and County Officers--Pow…

ROBERT T. STEPHAN ATTORNEY GENERAL November 23, 1987 ATTORNEY GENERAL OPINION NO. 87- 163 The Honorable Ed C. Rolfs State Representative, Sixty-Fifth District 424 N. Madison Junction City, Kansas 66441 Re: Taxation--Aggregate Tax Levy Limitations-- Reappraisal Synopsis Assuming t…

In determining whether a mortgage is entitled to K.S.A. 1986 Supp. 79-3102(d)(3) exemption, the register of deeds need not look beyond the four-corners of the affidavit to ascertain that the mortgage is held by the assigns of the original lender. Failure to record an assignment does not render the assignment void and is thus not in itself conclusive evidence that the assignment is invalid.

Although dual licensure of polygraphists appears unnecessary for the protection of the public health, safety and welfare, state statutes currently require polygraphists and polygraphist interns to be licensed both as polygraphists and private detectives. If the legislature intends to exempt polygraphists from the private investigative or security operations act, it must do so through actual amendment to the pertinent statutes. The rules of statutory construction do not allow repeal or amendment by implication in this situation.

The proscription against a corporation, directly or indirectly, owning, acquiring or otherwise obtaining or leasing any agricultural land is found in K.S.A. 1986 Supp. 17-5904, as amended by L. 1987, ch. 368, sec. 2. A hog raising operation where a corporation contracts with a farmer to raise hogs to a slaughter weight allows the corporation to indirectly acquire agricultural land in violation of the statute.

K.S.A. 24-136 provides for a special emergency fund, from which the board of directors of a drainage district can pay for most maintenance and repair work required in the operation of the drainage district.

Although the intent of 1985 Senate Bill No. 164 is to prevent increases in 1989 property taxes as a result of using higher reappraised values, the bill does not prevent political subdivisions from padding their budgets in anticipation of the impending tax lid.

Rural water districts organized pursuant to K.S.A. 82a-612 et seq. are quasi-municipal corporations created by statute and are subdivisions of the state. Moneys held by rural water districts are public in nature. Therefore, pursuant to K.S.A. 1986 Supp. 9-1401 and 12-1675, -. rural water districts are required to deposit their funds in depositories which are located within their districts.

Special education services for gifted students must be provided at public expense. "Services" include transportation to and from educational classes and activities. Therefore, the parents or guardians of a gifted student cannot be required to pay any of the costs incurred in providing the special education program specified in the gifted student's individualized education program (IEP). Cited herein: K.S.A. 72-962; 72-966; 72-967; K.S.A. 72-968, as amended by L. 1987, ch. 269, §1; K.A.R. 1986 Supp. 91-12-22; K.A.R. 91-12-23; 91-12-41; K.A.R. 91-12-50; 20 U.S.C. §1401; §1412.

ROBERT T. STEPHAN ATTORNEY GENERAL October 26, 1987 ATTORNEY GENERAL OPINION NO. 87- 155 The Honorable Marvin E. Smith State Representative, Fiftieth District 123 N.E. 82nd Topeka, Kansas 66617 The Honorable Don Sallee State Representative, Forty-Ninth District Route 2 Troy, Kans…

The partial transfer of authority from the Kansas Department of Health and Environment to the Kansas Corporation Commission does not allow a discharge of pollution in violation of the federal National Pollution Discharge Elimination System (N.P.D.E.S.) permit requirements. State law defines pollution as broadly as it is defined by federal law.

The clear and unambiguous language of K.S.A. 74-605 prohibits a commissioner from serving as a duly elected member on the state committee of a political party. The statute does not, however expressly prohibit a commissioner from serving as a delegate or alternate to a national party convention, and therefore it is our opinion that the statute permits such activity.

A quorum must be present before a public body can conduct business. Quorum for the five-member Kansas Board of Polygraphists (Board) is a majority of the total membership, or three members. Kansas case law provides that persons disqualified from voting cannot be counted toward the number necessary for a quorum.

K.S.A. 80-2506, as amended, requires a hospital board member to be a resident of the territory included in the taxing district of the hospital. Accordingly, a board member who moves his or her residence outside of the hospital's taxing district may not remain on the hospital board. Cited herein: K.S.A. 80-2506, as amended by L. 1987, ch. 397, § 1.

The prohibition against the use of live lures in the "training" of racing greyhounds includes the use of such lures in instructing, exercising, drilling and teaching greyhounds to race regardless of racing experience.