Kansas AG Opinions, 1978

July 14, 1978 ATTORNEY GENERAL OPINION NO. 78- 231 Mr. Henri Fournier Executive Director State Board of Cosmetology 630 Kansas Avenue Topeka, Kansas 66603 Re: Cosmetologists--Examination and Registration-- Cosmetology schools Synopsis: K.S.A. 65-1905 sets out the conditions that …

The Kansas Veterinary Practice Act prohibits the per- formance of post mortem operations and the procedures of dehorning, castration, vaccinations, implanting and deworming by any individual who is not a licensed ve- terinarian or the holder of a valid temporary permit. However, under the exceptions provided by the act, a commercial feedlot may render services such as deworming if administered as part of the feeding operations. *

A board of county commissioners is not authorized to dissolve the corporate existence of a library district created pursuant to K.S.A. 12-1236, et seq. *

The "invested capital" as that term is used in K.S.A. 56-123c(b) and K.S.A. 56-123c(b), upon which the annual franchise tax of such limited partnerships is based, refers to the invested capital of the limited partner- ship contributed by its general and limited partners, and not to the profits or losses of the entity in any particular year. *

A development credit corporation organized under K.S.A. 2328 et seq. is not a banking corporation, and is not exempt under K.S.A. 17-7512 from the filing of annual reports and payment of franchise taxes applicable to domestic corporations under K.S.A. 17-7501 et seq.

The levy for building fund purposes authorized by K.S.A. 12-1254, for not to exceed one mill for a period not to exceed five years, may be renewed by a new vote of the electorate once initial levy authority has been exhausted by expiration of the period for which such initial or previous levy was authorized. *

The State Historical Society may conduct art fairs and charge fees for certain activities on state property managed and administered by it and providing it deter- mines that such activities insofar as it concerns state property are in the "public interest." Any fees collect- ed therefrom must be deposited into the state general fund. * *

A city which has had in force for fifteen years or more an ordinance providing for solid waste collection, which was initially adopted by a vote of the electorate of the city, may amend or repeal such ordinance and enact a new ordinance providing for mandatory collection of solid waste by action of the governing body, and a new election is not required for the repeal and enactment of such an ordinance.

The Mined-Land Conservation and Reclamation Act, K.S.A. 49-401 et seq. as amended by Chapter 208 of the 1978 Session Laws authorizes Kansas to substantially comply with the en- forcement procedures mandated by the federal Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. 1201 et seq.

Kansas school districts must provide special ed- ucation services to developmentally disabled and exceptional children attending sectarian schools at religiously neutral sites, and public employees who conduct such programs must maintain a reli- giously neutral stance. Such services must be provided notwithstanding the Establishment Clause of the United States Constitution.

The composition of the board of directors of a drainage district incorporated pursuant to K.S.A. 24-458 et sea. is governed by the provisions of that 1911 act, and not by the provisions of the Drainage Act of 1905, and 1959 amendments to K.S.A. 24-409 and -411 thereof.

A city or housing authority created under the Municipal Housing Law, K.S.A. 17-2337 et seq. is authorized to furnish dwelling accommodations to persons of low income through the lease or rental of dwelling accommodations and the operation of housing projects, and not merely as a vendor of housing units on the sale market. * *

Any taxing subdivision which has established a special fund pursuant to K.S.A. 75-4358 for the payment of either counsel and other defense costs under K.S.A. 75-4356 or insurance premiums authorized by K.S.A. 75- 4357 may levy a tax for such fund which is exempt from the aggregate levy limitations of K.S.A. 79-5001 et seq.

No-fund warrants issued pursuant to the authority grant- ed under K.S.A. 10-1116a do not require review and ap- proval by the Kansas Board of Tax Appeals. *

The decision of the United States Supreme Court in First National Bank of Boston v. Bellotti, U.S. L. Ed. 2d , 46 L.W. 4371 (April 26, 1978) prohibits continued enforcement of that portion of K.S.A. 25-1709 which prohibits corporate contribu- tions made for the purpose of influencing or affecting the vote on any question submitted to the voters.

Nonlegislative members of an advisory committee consti- tuted under K.S.A. 46-1205(b) and appointed to serve a special committee constituted under K.S.A. 46-1205(a) may not vote upon the business of the special committee. * *

The State of Kansas is without jurisdiction to re- quire licensure of a proprietary school without its borders and which solicit business solely on military reservations.

A teacher who resigns and although is subsequently re-employed by a school district must again establish tenure as required by K.S.A. 72-5445 before due process rights accrue pursuant to K.S.A. 72-5436 et seq.

Under Article 12, § 5(b) of the Kansas Constitution, a city may by charter ordinance exempt itself from K.S.A. 19-1310, and impose an occupational tax upon attorneys in said city.

The term "school supplies and equipment" as used in K.S.A. 10-1113 includes equipment used in an intercollegiate athletic program. *

A notice to a member of an urban renewal commission advising the member that removal is contemplated by the city governing body, of the grounds for such pro- posed action, and that a hearing may be had by the com- missioner complies with K.S.A. 17-4757(d). K.S.A. 17- 4758 does not disqualify a member of the urban renewal commission from conveying property which said member owns in an urban renewal project to the agency, but does require that the member abstain from participation in any action by the agency regarding such transaction.

An unincorporated town is not an eligible grantee under K.S.A. 82a-638 as amended by 1978 Senate Bill 648.

The prohibition against political activity found at K.S.A. 1977 Supp. 44-714(c1) remains unaffected by 1974 amendments to the Hatch Act. An employee engaged in the administration of the employment security law may not be a member of a political action group, but may serve as a member of an election board upon appointment thereto by the county election officer pursuant to K.S.A. 25-2801 et seq.

The duties of the Clerk of the District Court as defined by K.S.A. 19-1302 and the County Treasurer in K.S.A. 19-506 do not authorize the "searching" of records by those officials for third parties and the "certifying" of the results. * *

A national bank is acting within the scope of its cer- tificate of authority in offering loans at and through detached auxiliary banking services facilities which are established in conformity with K.S.A. 9-1111, and is not subject to the constraints of K.S.A. 9-1111 limiting the banking services which may be offered through such facilities. *

Executory contracts, not to be performed within ninety days, for the sale of real estate are mortagages covered by the Mortgage Registration Act and $.25 on every dollar of principal debt or obligation, due and owing at the time such contract is offered for recording, must be collected by the Register of Deeds before recording the instru- ment. Even though the first payment called for under the contract is to be paid in cash or dollars, such payment must be included in the sum taxed, if unpaid on the date of recording.

The phrase "employer contributions for retirement" as it appears in section 1(a) and section 3(b) of 1978 Senate Bill 966 includes contributions both for Social Security benefits and employer contributions pursuant to the Kansas Public Employees Retirement Act.

The legality of the use of the word "engineer" or its derivations in corporate or company names is determined by its effect on the lay public. Thus, each situation must be examined individually in light of the public interest embodied in K.S.A. 1977 Supp. 26a-102(c). *

When a city has no municipal court and no city ordinances, the city police officer may issue notices to appear in the District Court for violation of state highway rules and regulations.

Under the juvenile work release program proposed by the McPherson County District Court, neither the state nor the county would be liable for the medical expenses in- curred by a juvenile injured while working under such program.

Where the architectural negotiating committee has nego- tiated a contract with an associate architect to provide schematic drawing and services, working drawing and construction administration services, and it is proposed to renegotiate that contract only insofar as it concerns compensation to be paid for additional construction administration services, the additional compensation which may be paid therefor is subject only to the maxi- mum limit prescribed by K.S.A. 75-5410, and is not limited to only twenty percent of either the maximum allowable compensation or of the negotiated contract fee

June 16, 1978 ATTORNEY GENERAL OPINION NO. 78- 198 Ms. Vergie D. Wente Clerk of the District Court Sheridan County Courthouse Hoxie, Kansas 67740 Re: Courts--Budgets--Salaries Synopsis: If the original 1978 district court budget as adopted by the board of county, commissioners in…

The budget of the district court as finally adopted by the board of county commissioners must include line item amounts identifying the compensation paid for each job position in the budget. The amounts so identified constitute both an appropriation thereof and a legal prescription of the salary to be paid such positions during the budget year. Neither the board of county commissioners nor the administrative judge may reduce or increase the salary of the clerk of the district court or of any other nonjudicial employee of the court below or above the amount prescribed in the budget. *

June 15, 1978 ATTORNEY GENERAL OPINION NO. 78-196 Mr. Merle R. Bolton Commissioner of Education State Department of Education 120 East Tenth Street Topeka, Kansas 66612 Re: Community Junior Colleges--State Aid--Amounts Synopsis: The sum of $137,573 should not be deducted from fut…

A vacancy in the office of register of deeds shall be filled under K.S.A. 25-3901 et seq., by appointment by a convention consisting of all precinct committeemen and committeewomen of the county of the political party to which the register of deeds belonged whose departure from office has given rise to the vacancy to be filled. *

In addition to the city governing body or planning commission, only the owner of property proposed to be rezoned may initiate a zoning amendment respecting such property under K.S.A. 12-708. *

In determining the running of the five (5) year term cited in K.S.A. 21-4202, "release from imprisonment" shall be strictly construed to mean the release from confinement in a penal institution and does not include that time during which the convicted felon is under parole from a penal institution. *

K.S.A. 79-1604 doe's not require the preparation of a separate supplemental tax roll for motor vehicles which are transferred between July 1 and September 1. It requires only that after the July 1 abstract is pre- pared, vehicles which are transferred thereafter and until September 1 shall be assessed, the original assess- ments amended accordingly, and that when the levies are set, the amended valuations shall be duly credited. These tasks may be performed by continued computer processing of such changes, without the use of manual corrections and preparation of a separate, physical supplement

June 13, 1978 ATTORNEY GENERAL OPINION NO. 78- 189 The Honorable Edward F. Reilly, Jr. State Senator 430 Delaware Leavenworth, Kansas 66048 Re: Corporations--Service of Process--Dissolved Corporations Synopsis: Kansas law does not specify in what manner service of process may be …

The fifty cent fee prescribed by K.S.A. 1977 Supp. 28- 170a and the assessment authorized by section 9 of 1978 House Bill 3129 are not invalid for any of the reasons set forth in Opinion No. 78-165. * *

Section 28 of 1978 Senate Bill 915 does not allow the expenditure of any moneys in excess of $25,000 from the appropriation for other operating expenditures at ch. 21, § 8(a), L. 1977, for medical malpractice legal counseling. *

The board of county commissioners holds title to a street which is duly dedicated to the public use in trust for the public, and title to the property thus dedicated is not vested in the board for its disposition as it deems fit. It holds the title in trust only, and has no authority to dispose or relinquish of that title to another party. * *

The issuance of credit cards to county officers and employees for use in the conduct of official county business does not violate K.S.A. 19-242. The payment of travel advances to county officers and employees does not comply with the uniform procedure for the payment of claims and other indebtedness by municipali- ties, K.S.A. 10-801 et seq. and K.S.A. 12-105. *

The signature of one joint tenant, standing alone, is not sufficient to commit the property in support of a zoning protest petition. If the names of both joint tenants are affixed to the petition by only one joint tenant, without any indication that the signing joint tenant is authorized to act for the other joint tenants, the signatures are insufficient to commit the property in support of the protest. * *

A county sheriff has the authority to dispose of un- claimed personal property of former inmates. In disposing of such property, the sheriff, as a bailee for such property, should follow the procedure set forth by the provisions of K.S.A. 58-208 through K.S.A. 58-215. *

Those entitled to vote in an election under K.S.A. 72-8213 include those resident electors in the re- organized unified school district who reside in the geographical area of the district owning the school prior to unification.