Kansas Attorney General Opinions

Members and employees of the Continuing Legal Education Commission are covered by the provisions of the Kansas Tort Claims Act, including complete immunity for the functions set out at K.S.A. 75-6104, and are entitled to a legal defense in the event they are sued for acts or omissions in the scope of their employment.

When a township transfers all equipment and road funds on hand to the board of county commissioners, pursuant to the adoption of the General County Rural Highway System Act, K.S.A. 68-591 et seq., the county becomes liable for roads which were previously township roads, and the township's liability terminates for incidents occurring after the transition.

The burden of proof in a small claims court proceeding is the same burden of proof in similar civil proceedings. The trial of all small claims shall be before the court, unless the judgment is appealed. The trial of an appeal is heard de novo and may be before a court or jury. Cited herein: 1986 House Bill No. 2849; K.S.A. 1985 Supp. 21-3707; K.S.A. 61-1716; 61-2701 et seq.; 61-2702; K.S.A. 1985 Supp. 61-2707; K.S.A. 61-2709.

Hazing, as defined in 1986 Senate Bill No. 777, is prohibited in all social and fraternal organizations, including the Shrine and the Elks Lodge.

K.S.A. 12-1244 authorizes a library district board of directors to call an election for the purpose of building, erecting and equipping a library building and procuring a site therefor. The district may issue bonds to fund the building, equipment and site if the issuance is approved by district electors. In our opinion, K.S.A. 12-1244 includes authority for the district board of directors to call an election for the purpose of issuing bonds to acquire an existing building to be used as a library.

The Kansas budget law provides in part that any indebtedness incurred by a governing body or any other officer or officers of such taxing subdivision or municipality in excess of the amount budgeted shall be void as against such taxing subdivision or municipality. In our opinion the term void in this context means null or of no effect. Prosecutorial discretion may be used in determining whether such a penalty should be sought in view of the purposes to be accomplished by the budget law.

The joint water district is separate and distinct from other categories of water districts. As a municipality, yearly auditing of the board's accounts is required. Bonding of the board is not prescribed by statute. While liability insurance is not required, its purchase is optional. Cited herein: K.S.A. 40-3101; K.S.A. 1985 Supp. 40-3106; K.S.A. 75-1117; 75-1122; 75-6101; 75-6111; 80-1616; 80-1617; 80-1618, as enacted by L. 1984, ch. 108; 82a-617; 82a-621.

A contest which requires a person to purchase a newspaper to obtain entry forms to participate constitutes a lottery and is illegal in Kansas.

It is the public policy of this state that public records must be open for inspection by any person unless otherwise provided by law. In that the exceptions listed in the KORA are not applicable to the information in question and disclosure of the information is not prohibited by statute, we must conclude that the financial information contained in reports submitted by an adult care home to SRS is subject to disclosure under the Kansas Open Records Act.

ROBERT T. STEPHAN July 15, 1986 ATTORNEY GENERAL ATTORNEY GENERAL OPINION NO. 86- 100 The Honorable Jack H. Brier Secretary of State Capitol Building, 2nd Floor Topeka, Kansas 66612 Re: Elections. -- Conduct of Elections -- Procedure for Filling Vacancy in Office of Judge of the …

A county agricultural or fair association is organized in accordance with K.S.A. 2-125 et seq., and recognized by the State Board of Agriculture pursuant to K.S.A. 2-127. Since the Shawnee County 4-H Fair and the Auburn Grange Fair do not meet these requirements, these organizations do not qualify as "any county agricultural or fair association" within the provisions of K.S.A. 2-301. For these reasons, Shawnee County may not levy a tax pursuant to K.S.A. 2-301 to provide funds for the Shawnee County 4-H Fair or the Auburn Grange Fair.

The Kansas Open Records Act, K.S.A. 1984 Supp. 45-215 et seq., does not require that a city employee disclose names and addresses derived from city records to a person who the employee knows intends to use such names and addresses for a commercial purpose. Such disclosure is specifically prohibited by K.S.A. 1984 Supp. 21-3914. Any person who receives a list of such names and addresses for the purpose of selling or offering to sell any property or service to listed persons may be found guilty of a misdemeanor.

The provisions of the Transient Merchant Licensing Act do not apply to "sales made by a seller at residential premises pursuant to an invitation issued by the owner or legal occupant of such premises." L. 1985, ch. 94, §3(i). This exemption applies only to sales of merchandise to the owner or occupant of the residential premises where the sale occurs, and a transient merchant who sells to the general public from the yard of a vacant private residence must obtain a transient merchant's license. Cited herein: L. 1985, ch. 94, §§2,3.

The power of a state agency to contract with private industry must be conferred upon that agency by statute. Under current Kansas statutes the Employment Security Systems Institute lacks authority to contract with and provide training to persons in private industry in data processing and related areas.

ROBERT T. STEPHAN ATTORNEY GENERAL August 7, 1985 ATTORNEY GENERAL OPINION NO. 85- 97 Kenneth M. Wilke Chief Counsel Board of Agriculture 109 S.W. 9th Street Topeka, Kansas 66612-1208 Re: Agriculture -- Sale and Distribution of Agricultural Seeds -- Unlawful Acts; Sale of Agricul…

K.S.A. 1984 Supp. 38-1611 provides that juveniles taken into custody for felony-type offenses shall be fingerprinted. The issuance of a summons under K.S.A. 1984 Supp. 38-1625 fulfills the custody requirement of the former section.

ROBERT T. STEPHAN August 2, 1985 ATTOR NEY GENERAL ATTORNEY GENERAL OPINION NO. 85-95 John A. Lamb, Director Alcoholic Beverage Control Division Department of Revenue 700 Jackson, 2nd Floor Topeka, Kansas 6603 Re: Intoxicating Liquors and Beverages -- Licensing and Regulation of …

Attorney General Opinion No. 85-37 concluded that the Private Club Act, K.S.A. 41-2601 et seq., does not prevent a private club from including one or more rooms in a facility which also has areas open to the general public. The scope of Opinion 85-37 does not encompass licensing, as a single club, an area on one floor of a building and another area on a different floor. The two areas are two distinct facilities and as such must be licensed as two separate clubs.

"Flea markets" are exempt from the licensure requirements imposed by the Transient Merchant Licensing Act [L. 1985, ch. 94, §3(j)]. An antique show sponsored by a non-profit organization where out-of-state dealers sell antiques is a type of "flea market," and such dealers need not be licensed as transient merchants in order to transact business, nor does the organization itself need to be licensed. L. 1985, Ch. 94, §3(e).

ROBERT T. STEPHAN ATTORNEY GENERAL August 1, 1985 ATTORNEY GENERAL OPINION NO. 85-92 Donald G. Strole General Counsel Board of Healing Arts 503 Kansas Avenue, Suite 500 Topeka, Kansas 66603-3449 Re: Insurance -- Health Care Provider Insurance -- Maintenance of Insurance as Condit…

K.S.A. 1984 Supp. 72-8136e, which pertains in part to elections held on the question of school building closings in U.S.D. 512, provides that such elections, if required, shall be "held in the manner provided by law for elections on questions submitted in the school district." The Kansas Mail Ballot Election Act (K.S.A. 1984 Supp. 25-431 et seq.) is clearly applicable to question submitted elections in a school district and therefore may be used to conduct an election under K.S.A. 1984 Supp. 72-8136e if all the requirements of K.S.A. 1984 Supp. 25-432 are met.

ROBERT T. STEPHAN ATTORNEY GENERAL July 31, 1985 ATTORNEY GENERAL OPINION NO. 85- 90 Norman E. Gaar Gaar & Bell 14 Corporate Woods, Suite 640 8717 West 110th Overland Park, Kansas 66210 Re: Counties and County Officers -- General Provisions -- Home Rule Roads and Bridges -- Count…

ROBERT T. STEPHAN ATTORNEY GENERAL January 18, 1985 ATTORNEY GENERAL OPINION NO. 85- 9 Colonel Bert Cantwell Superintendant Kansas Highway Patrol 122 SW Seventh Topeka, Kansas 66603 Re: Automobiles and Other Vehicles -- Drivers' Licenses -- Driving While License Cancelled, Suspen…

ROBERT T. STEPHAN ATTORNEY GENERAL July 30, 1985 ATTORNEY GENERAL OPINION NO. 85- 89 Peter E. Rinn Chief Counsel State Department of Social and Rehabilitation Services State Office Building, 6th Floor Topeka, Kansas 66612 Re: Public Health -- Alcoholism and Intoxication Treatment…

While K.S.A. 1984 Supp. 12-192 prescribes no time limit within which a county treasurer must make a distribution of countywide retailers' sales tax revenue apportioned to cities located within the county, such distribution must be made within a reasonable time following receipt by the county treasurer. The reasonableness of the time within which a county treasurer distributes such revenue is a question of fact to be ascertained in light of all facts and circumstances.

No portion of the proceeds of general obligation bonds issued under the provisions of K.S.A. 1984 Supp. 19-4603 and 19-4606 may be used as operating capital for a county hospital.

Pursuant to the provisions of K.S.A. 12-194, the only excise tax (or tax in the nature of an excise) which a city may levy upon the sale of cereal malt beverages is the retailers' sales tax authorized by K.S.A. 12-187 et sea.

ROBERT T. STEPHAN ATTORNEY GENERAL July 22, 1985 ATTORNEY GENERAL OPINION NO. 85- 85 Steven L. Boyce Coffey County Attorney 541 Neosho; P.O. Box 452 Burlington, Kansas 66839 Re: Militia, Defense and Public Safety -- Emergency Preparedness for Disasters -- County and City Disaster…

K.S.A. 1984 Supp. 74-5607a requires a Kansas law enforcement officer to complete a minimum of 40 hours of annual training as a requirement for continued employment. While Kansas statutes do not require the payment of compensation to an officer who takes such training during off- duty hours, the federal Fair Labor Standards Act (FLSA) does contain such a requirement, and applies to those public agencies which have five or more employees who qualify as law enforcement officers.

ROBERT T. STEPHAN ATTORNEY GENERAL July 12, 1985 ATTORNEY GENERAL OPINION NO. 85- 83 The Honorable Joe Knopp State Representative, 67th District 410 Humboldt Manhattan, Kansas 66502 Re: Schools -- Miscellaneous Provisions -- Statute Authorizing Period of Silence in Public School …

An ordinance which allows a vehicle on a two-way road to park with the left hand wheels parallel to and within twelve (12) inches of the left hand curb conflicts with subsection (a) of K.S.A. 8-1572, and is invalid pursuant to K.S.A. 8-2001.

K.S.A. 79-1804 provides that all taxes on real property shall be due on the first day of November of each year, although K.S.A. 79-2004 allows the first half of the taxes to be paid on or before December 20 before becoming delinquent. The second half may be paid on or before June 20 of the following year. In that K.S.A. 19-1207 requires a register of deeds to obtain a receipt showing payment of all real estate taxes due and owing before a plat may be filed, a person seeking to file a plat must pay such taxes in full, and cannot exercise the payment option given by K.S.A. -79-2004.

Elections conducted pursuant to the Mail Ballot Election Act, K.S.A. 1984 Supp. 25-431 et seq., are subject to general election laws to the extent that such laws are applicable. In that there are no designated polling or voting places in a mail ballot election, K.S.A. 25-2430, which prohibits electioneering at such locations, does not apply to mail ballot elections. Accordingly, advertising of views in support of or in opposition to the Sedgwick County sales tax proposal does not have to be discontinued for the 20 day period in which mail ballots are in circulation.

The common law doctrine of incompatibility of offices does not preclude one person from simultaneously holding the offices of deputy sheriff and mayor of a third class city having the mayor-council form of government.

Where voters approve elimination of intangibles tax at a referendum held pursuant to subsection (e) of K.S.A. 1984 Supp. 12-1,101,as amended, a city governing body must enact an ordinance eliminating the tax. However, under the provisions of the statute, the governing body may subsequently overturn the results of the referendum and reimpose the tax through the passage of a new ordinance.

ROBERT T. STEPHAN July 8, 1985 ATTORNEY GENERAL ATTORNEY GENERAL OPINION NO. 85-78 The Honorable Dale M. Sprague State Representative, 73rd District 1320 N. Walnut P.O. Box 119 McPherson, Kansas 67460 Re: State Departments; Public Officers, Employees -- Department of Social and R…

A corporation which is a partner in a general or limited partnership is not, in the absence of any further action, "doing business" in this state so as to require compliance with the provisions of K.S.A. 17-7301 et seq even though the partnership itself is .,

ROBERT T. STEPHAN ATTORNEY GENERAL July 5, 1985 ATTORNEY GENERAL OPINION NO. 85- 76 Howard Schwartz Judicial Administrator Kansas Judicial Center, 3rd Floor 301 West 10th Topeka, Kansas 66612 Re: Automobiles and Other Vehicles -- Act Regulating Traffic; Arrest and Issuance of Cit…

ROBERT T. STEPHAN ATTORNEY GENERAL July 3, 1985 ATTORNEY GENERAL OPINION NO. 85- 75 Keith Hoffman Dickinson County Attorney 325 Broadway Abilene, Kansas 67410 Re: Labor and Industries -- Minimum Wage and Maximum Hours -- Fair Labor Standards Act; Applicability to Sheriff's Depart…

ROBERT T. STEPHAN ATTORNEY GENERAL July 1, 1985 ATTORNEY GENERAL OPINION NO. 85- 74 Charles V. Hamm General Counsel Department of Health and Environment Forbes Field Topeka, Kansas 66620 Re: Public Health -- Uniform Vital Statistics Act -- Disclosure of Records; Effect of Kansas …

1985 Senate Bill No. 362 permits the University of Kansas Medical Center to be a self-insurer under the Health Care Provider Insurance Availability Act, K.S.A. 1984 Supp. 40-3401 et seq., for persons who are residents at the Medical Center. Coverage provided by the Medical Center for its residents is professional liability insurance of the same type as is offered by a private insurer, and accordingly extends to activities of the residents whenever they act as health care providers, either at the Medical Center itself or elsewhere.

A city may use moneys credited to a special liability expense fund to purchase tort liability insurance, but may not use such moneys to construct a "holding pond" on city property. While a city may reduce or eliminate the tax levy authorized by subsection (c) of K.S.A. 75-6110, it may not transfer tax moneys in the special liability expense fund to the general fund of the city.

The provisions of 1985 House Bill No. 2627 which impose a one-year moratorium on the construction of any general or special hospital in Kansas apply to institutions which are licensed by the Department of Health and Environment under K.S.A. 65-425 et !fa .

ROBERT T. STEPHAN ATTORNEY GENERAL June 24, 1985 ATTORNEY GENERAL OPINION NO. 85- 70 Edward J. Gaschler Scott County Attorney 325 Main Street P.O. Box 605 Scott City, Kansas 67871 Re: Counties and County Officers -- Hospitals -- County Hospitals; Hospital Moneys; Lease and Manage…

ROBERT T. STEPHAN ATTORNEY GENERAL January 16, 1985 ATTORNEY GENERAL OPINION NO. 85- 7 The Honorable Roy M. Ehrlich State Senator, Thirty-Fifth District Route 1, Box 92 Hoisington, Kansas 67544 Re: Automobiles and Other Vehicles -- Maximum Speed Limits -- Certain Violations Not M…

ROBERT T. STEPHAN ATTORNEY GENERAL June 24, 1985 ATTORNEY GENERAL OPINION NO. 85- 69 Richard F. Hrdlicka Hesston City Attorney 809 North Main Street Newton, Kansas 67114 Re: Cities and Municipalities--Public Utilities--Waterworks, Fuel, Power and Lighting Plants; Use, Disposition…