Kansas AG Opinions, 1975

The failure of the County Clerk to file the annual financial statement required by K.S.A. 1974 Supp. 10-1007 does not amount to willful criminal behavior where the failure to file results from the fact that one or more city, township or district clerks within his county have failed to submit their res- pective annual statements of indebtedness.

A specific appropriation for the purchase of liability insurance for the state, its officers and employees, is not required and may be assessed against Fiscal Year 1976 agency appro- priations under existing laws. State Finance Council action is not necessary to effectuate the coverage. * *

STATE OF KANSAS Ofice of the Attorney General 1st Floor, State Capitol Bldg. (913) 296.2215 Topeka, Kansas 66612 CURT T. SCHNEIDER Attorney General August 5, 1975 ATTORNEY GENERAL OPINION NO. 75- 330 Mr. Carl B. Anderson County Attorney Sublette, Kansas 67877 Re: Counties and Cou…

Disclosure of applicable truth in lending information is required where a lay-away plan involves four or more installments, the merchandise is held by the seller until either a specified portion or the full amount of the purchase price is paid, and the penalty for default or cancellation is loss of all or a portion of the deposit.

The State may not obligate state funds to match federal funds available through grants under the Public Works and Economic Development Act of 1965 and amendments thereto, for projects which con- stitute "internal improvements" which are prohibit- ed under Art. 11, § 9 of the Kansas Constitution.

August 1, 1975 ATTORNEY GENERAL OPINION NO. 75- 314 James R. James Judicial Administrator Kansas Supreme Court State Capitol Building Topeka, Kansas 66612 Re: Eavesdropping; interception of wire or oral communication; disclosure of reports filed with Judicial Administrator pursua…

The monthly publication of a statement of all county expenditures must include by itemized description an identification of each and every sum allowed, and the purpose of each such dis- bursement. Description of sums allowed by totals according to general classifications and categories is inadequate.

July 30, 1975 ATTORNEY GENERAL OPINION NO. 75-313 Mr. Henri Fournier, Executive Director Kansas State Board of Cosmetology 630 Kansas Avenue Topeka, Kansas 66603 RE: Cosmetology--Licensed Premises--Demonstrations Synopsis: The rendering of demonstrations of cosmetological service…

Under K.S.A. 17-4758, a commissioner of an urban renewal agency may not act as real estate broker in regard to contracts for the sale of land by the Agency.

K.S.A. 41-208 does not invalidate municipal zoning ordinances prohibiting the location of alcoholic liquor retail stores in parti- cular zoned areas. *

July 29, 1975 ATTORNEY GENERAL OPINION NO. 75- 109 The Honorable James Francisco State Senator 604 North First Street Mulvane, Kansas 67110 Re: Schools--Superintendent--Contracts A board of education may enter into a contract of three years with a school superintendent, and such …

When budgeted funds are expended for a program for which federal aid has been approved but not received, said federal aid when received shall be credited to the budget of the year in which received, and shall not be treated as a reim- bursement for the budget year in which the expenditures were made for which the aid is reimbursement.

The affirmative vote of a majority of the Kansas Public Employee Relations Board is necessary to constitute board action.

A levy under K.S.A. 2-131b may not be imposed in any year earlier than that authorized by the voters, and the proceeds of said levy must be used only for the erection and maintenance of buildings of the county fair association or society.

July 25, 1975 ATTORNEY GENERAL OPINION NO. 75- 306 Roy E. Perkins, President Unified School District No. 282 Route 2 Howard, Kansas 67349 Re: Schools--Organization Powers & Finances of Boards of Education--Election of Officers Synopsis: It is the opinion of this office that an el…

Having no "taxes levied for the base year," as defined by K.S.A. 1974 Supp. 79-5002, the limita- tions imposed by K.S.A. 1974 Supp. 79-5003 are applicable to the City for taxes levied for fiscal 1976, and the city is not exempt from such limita- tions by virtue of the exemption provided by K.S.A. 1974 Supp. 79-5010(a).

The Secretary of Corrections possesses the necessary enforcement authority to prevent any person from being incarcerated in an unsanitary or unsafe de- tention facility, including the power to close particular facilities and to transfer the inmates housed therein to other places of confinement. Dear Mr. Raines:

The Magistrate Court of Shawnee County has no jurisdiction of prosecuting for violation of offenses prescribed by county resolutions; presump- tively, as a court of general jurisdiction, the Shawnee County District Court has jurisdiction over such cases.

The petition requirement of K.S.A. 22-3001(a) is not unconstitutional; persons signing such petitions bear no liability for the costs and expenses of a grand jury summoned thereafter; a grand jury is authorized to investigate and return indictments; private citizens may appear before a grand jury if permitted to do so by the foreman and members thereof. *

K.S.A. 10-120 requires that an election be called to be held within 30 days after the filing of suffi- cient resolutions adopted by city governing bodies requesting an election upon imposition of a county- wide retailers sales tax under K.S.A. 1974 Supp. 12-172.

Whether disclosure of existence of a search or arrest warrant to a private investigator or other person is necessary for the execution of such warrant should be determined on a case-by-case basis by the person having custody of such warrants and of information concerning them. *

Any levy authorized by the voters under K.S.A. 1974 Supp. 12-1680 at an election held after July 1, 1974, and before July 1, 1975, and made after July 1, 1975, is exempt from the aggregate levy limitations of K.S.A. 1974 Supp. 79-5001 et seq.

A city may not by charter ordinance exempt itself from section 3 of 1975 House Bill 2525 so as to impose different and other occupational or other license taxes or fees than provided in that section.

The affirmative vote of a majority of a quorum is sufficient to elect officers of a board of education, and the use of secret ballots in such elections is prohibited. *

Interlocal agreements between boards of education relating to educational services pursuant to K.S.A. 1974 Supp. 12-2904 as amended by 1975 House Bill No. 2381 are subject to approval by both the State Board of Education and the Attorney General. *

Under K.S.A. 1974 Supp. 79-3603(p), the developing of film into pictures is a service which is subject to the Kansas sales tax. When film is developed outside the state of Kansas, and subsequently returned to a Kansas user, that transaction is subject to the Kansas Compensating Tax. A retailer doing business in the state of Kansas is required to collect the Kansas Compensating Tax from the Kansas user. *

The election of the president of a board of education pursuant to K.S.A. 1974 Supp. 72-8202 must be held at an open meeting and may not be conducted by secret ballot.

The president of the council of a city of the second class may not, in the absence of the mayor, but while said office is not vacant, appoint persons to city office, under the or- dinances of the City of Chetopa, Kansas. * *

Cities of the third class may vacate streets, avenues, alleys and lanes by ordinance under K.S.A. 15-427, which authority is not impaired by the authority of the board of county commis- sioners to vacate property upon petition by the city governing body under K.S.A. 1974 Supp. 12-504. *

Nothing in this section of the Kansas general conflict of interest act prohibits an individual who is elected to and serving upon a board of education of a unified school district and who is also a practicing psychologist from accepting professional referrals to his private practice by local school authorities. * *

A county proposing to construct sewer facilities wholly on county-owned property need not, as a legal prerequi- site to such construction, organize a district therefor pursuant to K.S.A. 19-2704 et seq. when the costs of construction and maintenance of said sewer are to be borne entirely by general fund revenues.

State and federal agencies may impose solid waste disposal requirements on Indian reservations.

K.S.A. 12-1904 does not authorize the calling of a special election on the question of establishing a supervised recreation system thereunder, and such question may be submitted only at the next regular or special city or school election which is held more than 30 days after the filing of a petition for establishment of a recreation program thereunder.

A recreation commission organized under K.S.A. 12-1901 et seq. has no authority to issue revenue bonds to finance construction of a building.

Lincoln National Career Development Corporation must, under the facts and circumstances set forth herein, be licensed under K.S.A. 44-401 et seq. to operate in the State of Kansas.

The Pooled Money Investment Board is without authority to negate contracts lawfully entered into by other state agencies relative to state funds coming under Board's jurisdiction prior to the final performance date for such contracts. *

The Safe Drinking Water Act does not prevent the state from requiring fluoridation of drinking water, so long as the amount of fluoride added does not cause the max- imum contaminant level specified by national primary drinking water regulations to be exceeded.

The board of trustees of fire districts organized under K.S.A. 19-3601 et seq. may not appoint persons other than the county clerk and county treasurer to serve as secretary and treasurer, respectively, of said districts.

Members of the Kansas Civil Rights Commission may be paid only for attendance at meetings of the Commission and of duly authorized subcommittees, and not for other time spent in the performance of official duties. *

A school superintendent is not prohibited by K.S.A. 1974 Supp, 75 ,-4304 from leasing real property which he owns to the board of education for school purposes.

Kansas community junior colleges may pay dues or membership fees in the North Central Association of Colleges and Secondary Schools and Jayhawk Junior College Conference, and not in Association of Community College Trustees, North Central Council of Junior Colleges, and American Association of Community and Junior Colleges.

A 1954 order of the board of county commissioners excluding and vacating described land from a city pursuant to K.S.A. 12-504 operates to cancel the plat of said vacated and excluded land, and any new plat of said land must be approved by the city planning commission prior to filing. * * Dear Mr. Stough:

A servicemark which so resembles a mark previously used in this state and not abandoned as to be likely to cause confusion or mistake or to deceive, when applied to the services of the applicant, is ineligible for registration under K.S.A. 81-112.

A member of a district judicial nominating commission is a public officer as defined by K.S.A. 1974 Supp. 75-4301.

June 30, 1975 Opinion No. 75- 275 Mr. Alvin F. Grauerholz City Commissioner of Coffeyville 716 Maple Street Coffeyville, Kansas 67377 Dear Al: You inquire, first, whether the assistant chief of police of the City of Coffeyville is subject to the statutes applicable to the Civil S…

June 30, 1975 Opinion No. 75- 274 Mr. Richard Ebersole City Attorney of Belle Plaine 104 South First Mulvane, Kansas 67110 Dear Mr. Ebersole: As city attorney for the City of Belle Plaine, you inquire, first, whether industrial development funds may be used to build recreational …