Kansas Attorney General Opinions

ROBERT T. STEPHAN ATTORNEY GENERAL November 13, 1986 ATTORNEY GENERAL OPINION NO. 86- 159 The Honorable Robert D. Miller State Representative, 110th District P.O. Box 106 Russell, Kansas 67665 Re: Automobiles and Other Vehicles -- Drivers' Licenses -- License Required to Operate …

ROBERT T. STEPHAN ATTORNEY GENERAL November 5, 1986 ATTORNEY GENERAL OPINION NO. 86- 157 Richard C. Dearth City Attorney P.O. Box 1037 Parsons, Kansas 67357 Re: Intoxicating Liquors and Beverages -- Misdemeanors and Nuisances -- Possession, Transportation and Consumption of Alcoh…

ROBERT T. STEPHAN ATTORNEY G ENERAL November 5, 1986 ATTORNEY GENERAL OPINION NO. 86- 156 Albert D. Campbell Chairman, Alcoholic Beverage Control Board of Review Kansas Department of Revenue 700 Jackson Street, Jayhawk Tower Topeka, Kansas 66612 Re: Intoxicating Liquors and Bever…

Under provisions of the Kansas Tort Claims Act, K.S.A. 75-6101 et seq., a member of the Board of Directors of the Kansas Technology Enterprise Corporation will, upon proper request, be provided with legal representation in, and will not be personally liable for judgments resulting from, lawsuits in which the member has acted within the scope of his employment.

Kansas legislative appropriation acts do not establish funding for the Kansas Law Enforcement Training Commission; nor does the Kansas law enforcement training act, K.S.A. 74-5601 et seq. , authorize or otherwise entitle the commission to any funds.

The Kansas Open Meetings Act (KOMA) provides that meetings of public bodies must be "open to the public." K.S.A. 75-4317. The key to determining whether the location of a meeting would subvert the statutory mandate of openness is accessibility of the meeting to the public. Assuming the notice requirements and other provisions of the KOMA are met, it is our opinion that the proposed meeting of the Kansas Dental Board to be held in Kansas City, Missouri would not violate the open meetings law.

The United States Environmental Protection Agency allows for the use of a parent corporate guarantee as an additional financial responsibility mechanism for subsidiary owners and operators of hazardous waste facilities to comply with the third-party liability requirements of 40 C.F.R. §S264.147 and 265.147. Regardless whether this guarantee is defined as "insurance," it is enforceable against the parent company.

K.S.A. 80-2522 provides that "any one or more political subdivisions desiring to be attached to and become a part of any hospital district . . . may do so in the manner provided in this section." In that the statute contains no territorial limitations on a political subdivision which may wish to petition for attachment to an existing hospital district, a city may petition to be included in a hospital district when no part of the city is contiguous to or adjacent to any boundary of the hospital district.

The Kansas Liquor Control Act, as encompassed by Chapter 41 of the Kansas Statutes Annotated, regulates alcoholic liquor. Chocolate candy with a liquid liquor center constituting up to 5% alcohol by weight falls within the legal restrictions of the Act.

ROBERT T. STEPHAN ATTORNEY GENERAL October 20, 1986 ATTORNEY GENERAL OPINION NO. 86- 149 Frank C. Beyerl Greenwood County Attorney 408 N. Main Eureka, Kansas 67045 Re: Labor and Industries -- Workmen's Compensation -- Performance of Community Service Synopsis: K.S.A. 1985 Supp. 4…

A search warrant maybe issued by a district magistrate judge upon the sworn oral or written statement of a city attorney. Municipal law enforcement officers may execute such warrant, and property seized pursuant to the warrant may be admissible as evidence in a municipal court. However, K.S.A. 1985 Supp. 8-1001(f) precludes the use of a search warrant to obtain a blood sample from a person who has refused to submit to a blood, breath or urine test pursuant to that statute. An ordinance authorizing such procedure would be in conflict with the state statute pro

When the owner of an automobile transfers its title and does not obtain a replacement vehicle, if the motor vehicle tax has been paid the owner is entitled to a refund of the unused portion of taxes. Such refund is not to be considered a claim against the county for purposes of offsetting other delinquent personal property taxes.

Where there is a vacancy in the city council of a city of the third class, the mayor, by and with the advice and consent of the remaining council members, must appoint an elector to fill the vacancy until the next election for the office. K.S.A. 15-201. An "elector" is a person having the constitutional qualifications of an elector and who is registered to vote. The appointment of a person who is not registered to vote is void under the provisions of K.S.A. 15-201.

The Uniform Vital Statistics Act neither prohibits nor authorizes the transfer of certain data by the office of vital statistics to the Department of Revenue. The Secretary of the Department of Health and Environment may promulgate regulations, subject to the provisions of the act, authorizing release of such information.

K.S.A. 8-1517 prohibits passing another vehicle on the right where the movement involves driving off of the roadway and on to the shoulder. Based upon the information presented for our review, the statute would seem to prohibit southbound vehicles from passing on the right where K-113 is intersected by Farm Bureau Road on the east. Cited herein: K.S.A. 8-1459; 8-1517; 8-2003.

ROBERT T. STEPHAN ATTORNEY GENER AL October 7, 1986 ATTORNEY GENERAL OPINION NO. 86- 143 The Honorable Robert F. Bennett Johnson County Bank Building, 2nd Floor 5100 West 95th Street Prairie Village, Kansas 66207 Re: State Departments; Public Officers and Employees -- Public Offi…

ROBERT T. STEPHAN ATTORNEY GENERAL October 7, 1986 ATTORNEY GENERAL OPINION NO. 86- 142 Scott R. Condray Cheyenne County Attorney 109 East Washington P.O. Box 845 St. Francis, Kansas 67786 Re: Intoxicating Liquors and Beverages -- Cereal Malt Beverages -- Cereal Malt Beverage Con…

ROBERT T. STEPHAN AlTORNCI G October 7, 1986 ATTORNEY GENERAL OPINION NO. 86- 141 Lynette Bennington Register of Deeds Stafford County St. John, Kansas 67576 Re: Waters and Watercourses -- Appropriation of Water for Beneficial Use -- Recordation of Certificate of Appropriation Pe…

ROBERT T. STEPHAN October 3, 1986 ATTORNEY GENERAL ATTORNEY GENERAL OPINION NO. 86- 140 Robert G. Frey Haskell County Counselor 412 N. Washington P.O. Box 1177 Liberal, Kansas 67901 Re: Cities and Municipalities -- Public Recreation and Playgrounds -- Taxes Levied Pursuant to Est…

ROBERT T. STEPHAN ATTORNEY GENERAL October 3, 1986 ATTORNEY GENERAL OPINION NO. 86- 139 Ward E. Loyd 103 W. Chestnut Street Garden City, Kansas 67846-5404 Re: Schools -- Organization, Powers and Finances of Boards of Education -- School Security Officers Synopsis: K.S.A. 72-8222 …

ROBERT T. STEPHAN ATTORNEY GENERAL September 30, 1986 ATTORNEY GENERAL OPINION NO. 86-138 The Honorable Roy M. Erlich State Senator Thirty-Fifth District Route 1, Box 92 Hoisington, Kansas 67544 Re: Oil and Gas--Oil and Gas Wells; Regulatory Provisions--Use of Conservation Fee Fu…

ROBERT T. STEPHAN ATTORNEY GENERAL September 26, 1986 ATTORNEY GENERAL OPINION NO. 86- 137 Anne Reyes, Registrar Pottawatomie County Register of Deeds Pottawatomie County Courthouse Westmoreland, Kansas 66549 Re: Taxation -- Mortgage Registration and Intangibles; Mortgage Registr…

The Kansas Automobile Injury Reparations Act requires a vehicle's insurance policy identification card to provide the name of the insurer and the policy number. The Act does not require that the identification card state the policy's expiration date. A law enforcement officer may not issue a citation for failure of a card to state an expiration date.

A physician, when utilizing his own staff to provide home health services for a patient at the patient's residence, is subject to the requirements of the home health agency statutes and regu- lations. These laws apply to solo practitioners as well, when an agency relationship between doctor and staff exists. These laws do not apply when the doctor personally provides these home health services.

ROBERT T. STEPHAN ATTORNEY GENERAL September 23, 1986 ATTORNEY GENERAL OPINION NO. 86- 134 Eugene T. Barrett Commissioner Banking Department 700 Jackson, Suite 300 Topeka, Kansas 66603 Re: Banks and Banking -- Banking Code; Powers -- 1986 Senate Bill No. 432 Synopsis: The 1986 Ka…

ROBERT T. STEPHAN ATTORNEY GENERAL September 17, 1986 ATTORNEY GENERAL OPINION NO. 86- 133 Jean S. Sagan Associate General Counsel Kansas Board of Regents Suite 609, Capitol Tower 400 SW Eighth Topeka, Kansas 66603 Re: State Departments; Public Officers and Employees -- Public Of…

The exemption from property and ad valorem taxes of farm machinery and equipment held as inventory does —

An instrument which purports to assign a leasehol interest in consideration for a reserved production - payment is a mortgage of real property for purposes of recording such instrument in the office of the register of deeds and paying mortgage registration fees pursuant to K.S.A. 1985 Supp. 79-3102.

K.S.A. 1985 Supp. 21-4602, as amended by L. 1986, ch. 123, provides that the court retains jurisdiction over a person assigned to community corrections.

The amendment of Article 10, Section 1 of the Kansas Constitution to retain the current apportionment of the Kansas House of Representatives for the 1990 general election would violate the Equal Protection Clause of the U.S. Constitution.

ROBERT T. STEPHAN ATTORNEY GENERAL September 2, 1986 ATTORNEY GENERAL OPINION NO. 86- 127 Steven L. Boyce Coffey County Attorney 514 Neosho P.O. Box 452 Burlington, Kansas 66839 Re: Cities and Municipalities--Public Recreation and Playgrounds -- Certification of Budget After Stat…

Because the 1986 repeal of the prohibition of k diversion for drivers having a blood-alcohol concentration of .20 or higher is remedial legislation, it is to be given retrospective effect. In determining whether diversion is in the interests of justice and the community, the factors to be considered by the city prosecutor are not affected by L. 1986, ch. 185, §1.

It is our opinion that advanced registered nurse practitioners may not issue prescription orders pursuant to a physician's standing orders or protocol because they have not been granted such authority by the statutes and regulations under which they are licensed. Physicians' assistants, however, are expressly authorized to practice medicine under the direction and supervision of a physician. Since the practice of medicine includes the act of prescribing medicine, we conclude that physicians' assistants may issue prescription orders under the direction and supervision of a physician.

Kansas grants limited immunity from liability to parties rendering assistance in the cleanup of a propane accident. The immunity does not extend to parties who are responsible for the accident, compensated for rendering assistance, grossly negligent or who intentionally, recklessly or wantonly cause the accident.

K.S.A. 1985 Supp. 16-301 regulates the payment for funeral services and burial merchandise before they are actually needed and received. It does not preclude the contracting and payment for consulting services which are rendered immediately. Thus, a seller of merchandise or services is free to immediately deliver consulting or planning services, and receive payment in a lump sum or by installments, notwithstanding the provisions of K.S.A. 16-301 et seq., if a separate contract is entered into providing for those services, and for payment.

The firefighters of the fire department operated by the Metropolitan Topeka Airport Authority (MTAA) are not eligible to participate in the Firemen's Relief Association, which is operated by and through the Kansas Insurance Department. For members of a fire department to be eligible, the fire department must be under the control of the governing body of an incorporated city, township, county or fire district. The MTAA is a body politic separate and distinct from any municipality, managed and controlled by an independent board of directors.

ROBERT T. STEPHAN ATTO RN EY G EN ERAL August 22, 1986 ATTORNEY GENERAL OPINION NO. 86- 121 Charles A. Peckham Rawlins County Attorney Rawlins County Courthouse Atwood, Kansas 67730 Re: Counties and County Officers -- County Commissioners; Powers and Duties -- Vacancies; Residenc…

For purposes of a property owner's duty to remove traffic hazards from private property, growing crops are included in the terms "any tree, plant, shrub or other obstruction."

ROBERT T. STEPHAN ATTORNEY GENERAL August 22, 1986 ATTORNEY GENERAL OPINION NO. 86- 119 The Honorable Edward F. Reilly, Jr. State Senator, Third District 430 Delaware, Box 9 Leavenworth, Kansas 66048 Re: Taxation--Property Exempt from Taxation--Church Parsonages; Application for …

ROBERT T. STEPHAN ATTORNEY GENERAL August 18, 1986 ATTORNEY GENERAL OPINION NO. 86- 118 Charlotte Hargis Acting Governing Board Chairman Johnson County Mental Health Center 6000 Lamar Avenue, Suite 130 Mission, Kansas 66202 Re: Counties and County Officers -- Mental Health Center…

When acquiring easements by donation from landowners, the board of directors may employ the services of an attorney or attorneys to perform duties relevant to the drafting of the easements. However, the district may not expend public monies to reimburse a landowner for reasonable costs associated in defending claimed deductions for donated easements.

When a county and city are both participating members in a regional system of cooperating libraries, the county may enter into a contract with the city to provide funding for the city library. However, such contract is independent of the provisions for assuring access to the city library for county residents, and the city may not require such county funding in order to assure library access for county residents. A county mill levy does not affect the regional system tax unless such levy is equal to or greater than the regional system tax.

Discounts for cash purchases offered by oil companies are not proscribed by L. 1986, ch. 90, §2 when such discounts are offered to all prospective buyers, the availability of the discount is clearly and conspicuously disclosed and the discount is subtracted from the regular price.

ROBERT T. STEPHAN ATTORNEY GENERAL August 7, 1986 ATTORNEY GENERAL OPINION NO. 86- 114 John A. Lamb, Director Alcoholic Beverage Control Division Kansas Department of Revenue 700 Jackson Street Topeka, Kansas 66612 Re: Intoxicating Liquors and Beverages -- Miscellaneous Provision…

National Direct Student Loans which are administered by state universities are subject to the provisions of the Kansas Uniform Consumer Credit Code which prohibit the assessment of attorney's fees and other collection costs to the borrower upon default.

ROBERT T. STEPHAN August 7, 1986 ATTORNEY GENERAL ATTORNEY GENERAL OPINION NO. 86- 112 Norman E. Gaar Gaar & Bell 14 Corporate Woods, Suite 640 8717 West 110th Street Overland Park, Kansas 66210 Re: Bonds and Warrants--Refunding Bonds--Conditions and Limitations; Refinancing Cons…