Kansas AG Opinions, 1980

The legislature has vested broad regulatory authority over public utilities in the State Corporation Commission. Where lawful and reasonable orders, issued by the State Corporation Commission, in compliance with a decision by the Kansas Supreme Court, compel changes in the handling of late payment charges on utility bills, the Woodson County Commissioners must either change their payment date accordingly, or pay the late charges.

The Register of Deeds is limited by law as to the type of instruments he or she may accept for filing and recording. As there is no statutory authority for the office to record certificates of achievement from professional schools or training clinics, they should not be accepted for filing.

Under the authority granted him by K.S.A. 31- 133(a)(1), the State Fire Marshal is authorized to adopt rules and regulations governing the use, possession and handling of explosive materials. The power of the State Fire Marshal to require that anyone using, possessing or loading and firing such materials have a valid permit to do so is necessarily implied by statute, as is the power of that officer to be in charge of the issuance of such permits.

Intangible taxes are payable in the same manner as other personal property taxes and, thus, revenues from imposition of the intangibles tax during calendar year 1980 will be received in December, 1980 and June, 1981. Therefore, the 1981 budget of entities which imposed the intangibles tax during calendar year 1980 should include and make appropriate provisions for such revenues.

K.S.A. 1979 Supp. 12-822 imposes a statutory obligation on a city which provides utility services generated by facilities owned and operated by said city to credit and pay interest on security deposits collected from its customers.

Pursuant to K.S.A. 1979 Supp. 12-3402, as amended by section 4 of 1980 Senate Bill No. 824, the cities or counties which create a port authority are not obligated for the debts of the authority, unless such debts are assumed by a majority vote of the electors of the creating cities or counties.

The qualifications to be possessed by a person seeking the office of sheriff, as specified in K.S.A. 1979 Supp. 19-801b, must be satisfied at the time of that person's nomination for such office, i.e., either at the time such person files independent nomination papers or at the time of the primary election where such person is a candidate for nomination. Such qualifications need not be satisfied at the time such person files either a declaration of candidacy or nomination petitions, since neither has the effect of nominating such person for the office, but merely causes such person's name to b

The oath required by K.S.A. 75-4308 must be subscribed to by each person who becomes employed by the state or any county, city or municipality therein. As the statute admits to no exceptions, the oath is required for all such employees, regardless of the position or amount of remuneration.

May 16, 1980 ATTORNEY GENERAL OPINION NO. 80-105 Ernestine Gilliland State Librarian Third Floor, State Capitol Topeka, Kansas 66612 Re: Cities and Municipalities--Libraries--Election of Library District Directors; Notice Required Synopsis: Positions on the board of directors for…

Matters involving specific persons under K.S.A. 75-4319(b)(1) and (5) may be discussed in execu- tive session so long as no binding action is taken. However, investigations and research projects affecting groups of persons generally but not specifically, are not the proper subjects of a closed meeting, unless discussion concerns a subject matter otherwise specifically permitted to be considered in closed or exec- utive session by 75-4319(b).

The occupation of cosmetologist, as defined in K.S.A. 1979 Supp. 65-1902, specifically includes the removal of "superfluous hair from the face or any part of the body." Accordingly, electrolysis and electrology may be practiced by licensed cosmetologists; however, such procedures may not be employed by cosmetologist technicians or "estheticians" who are licensed as cosmetologist technicians. Statutes cited or construed herein: K.S.A. 1979 Supp. 65-1901, 65-1902.

May 13, 1980 ATTORNEY GENERAL OPINION NO. 80-103 The Honorable Michael Crow State Representative, Forty-First District 273-W, State Capitol Topeka, Kansas 66612 The Honorable Ambrose Dempsey State Representative, Forty-Second District 110-N, State Capitol Topeka, Kansas 66612 Re:…

A person employed as a director of nursing whose duties as director include "administration, super- vision or teaching of the [nursing] process," as defined by K.S.A. 1979 Supp. 65-1113(d)(1), must be licensed as a registered professional nurse in order to serve in that capacity. Cited here- in: K.S.A. 1979 Supp. 65-1113(d)(1) and 65-1122. * *

In order to be entitled to vote at irrigation dis- trict elections, K.S.A. 1979 Supp. 42-706(h) requires inter alia that persons be "qualified electors." This has the effect of requiring such persons to be residents of the irrigation district. Thus, in accordance with these statutory provisions, "absentee" ballots cast at an irrigation district election by persons who are owners of irrigable land in the district, but who are non-residents of Kansas, should not be counted.

A county commission may, pursuant to K.S.A. 12-3901 et seq., consolidate the position of county engineer, created by K.S.A. 1979 Supp. 68-501 et seq., with a county-created position of road supervisor. However, the county may not, through such consolidation, relieve itself of duties imposed by law.

April 24, 1980 ATTORNEY GENERAL OPINION NO. 80-97 Robert F. Duncan City Attorney P.O. Box 349 Atchison, Kansas 66002 Re: Elections--Sufficiency of Petitions--Abandonment of Commission-Manager Form of City Government Synopsis: A city now operating under the commission-manager form…

A unified school district which is an owner of land within the boundaries of a groundwater management district is liable for any annual assessment levied by virtue of K.S.A. 1979 Supp. 82a-1030(a). As such an assessment is not based upon the value of property owned, the school district may not rely on the exemption from property taxes found at Article 11, Section 1 of the Kansas Constitution and K.S.A. 79-201.

K.S.A. 12-3401, et seq., as amended by 1980 Senate Bill 824, authorizes counties to form a port authority for the purpose of acquiring railroad facilities. Said authority does not violate Article 11, Section 9 of the Kansas Constitution.

April 17, 1980 ATTORNEY GENERAL OPINION NO. 80-94 The Honorable Paul Feliciano, Jr. State Senator, Twenty-Eighth District Room 401-S, State Capitol Topeka, Kansas 66612 Re: Uniform Consumer Credit Code--Supervised Lenders-- Examination of National Banks Synopsis: By virtue of 12 …

April 15, 1980 ATTORNEY GENERAL OPINION NO. 80-93 The Honorable Ronald R. Hein State Senator, 20th District Roan 128-S, State Capitol Topeka, Kansas Re: Elections--Registration of Voters--Purging of Registration Lists Synopsis: The provisions of new section 3 of 1980 House Bill N…

The City of Attica is empowered to make improvements to its waterworks system pursuant to K.S.A. 12-856 et seq., and in so doing, may exercise the right of eminent domain granted by K.S.A. 12-867 to obtain land for such purposes within or without the city limits. The city's exercise of the right of eminent domain pursuant to K.S.A. 12-867 is not restrained by the five-mile limitation imposed under K.S.A. 12-845, since both statutes are parts of enactments of the legislature which prescribe two methods or procedures for accomplishment of the same or similar purposes.

Counties subject to the provisions of K.S.A. 19-620 et seq. may, by charter resolution, exempt themselves from those provisions since the statutes in question, and therefore county legislation exempting the county therefrom, do not affect the courts within the meaning of the third limitation on the exercise of county home rule power [subsection (a), third of K.S.A. 1979 Supp. 19-101a], and because the statutes in question do not apply uniformly to all counties.

A certified registered nurse anesthetist has no independent statutory authority to prescribe the administration of medica- tions and treatments to be performed by other registered professional nurses.

April 9, 1980 ATTORNEY GENERAL OPINION NO. 80-89 Mr. Joseph O'Sullivan Reno County Attorney Law Enforcement Center 210 West First Street Hutchinson, Kansas 67501 Re: Counties and County Officers--Fire Protection--Exercise of Home Rule Authority to Raise Revenue for Salaries of Fi…

April 8, 1980 ATTORNEY GENERAL OPINION NO. 80-88 Helen Schabel Montgomery County Treasurer P. 0. Box 767 Independence, Kansas 67301 Re: Counties and County Officers--General Provisions--Home Rule Powers Motor Vehicles--Registration and Taxation-- Duties of County Officers Synopsi…

Absent a statute prescribing the nature of observance of legal public holidays, a board of county commissioners is authorized to make its own determination as to how holidays shall be observed in the county, and to decide which holidays may be enjoyed as vacation days by county employees as the board deems most appropriate, in the exer- cise of the board's general authority under K.S.A. 1979 Supp. 19-101a and its specific authority to fix the days and hours county offices are required to remain open under K.S.A. 1979 Supp. 19-2601.

A city which has established its own solid waste management system and collects fees for solid waste disposal services may proceed to collect delinquent fees or charges pursuant to K.S.A. 1979 Supp. 65-3410 without the involvement or approval of the board of county commissioners of the county in which said city is located.

A county clerk whose duties include those of the county election officer may, pursuant to K.S.A. 25-2303, appoint a full-time deputy county election officer who may perform the responsibilities of the county election officer in the event of the absence or incapacity of such officer.

While the provisions of K.S.A. 79-5a04 prescribe several factors that must be considered by the director of property valuation in determining the fair market value in money of public utility property, said statute prescribes but a single method of appraisal. As a matter of law, therefore, the method of appraisal prescribed in K.S.A. 79-5a04 is not violative of the requirements of Article 11, Section 1 of the Kansas Constitution.

Pursuant to K.S.A. 79-503, depreciation is merely one of the factors to be taken into consideration in appraising property for purposes of property taxation. In appraising any and all property for purposes of property taxation, for which property no other specific method of appraisal has been prescribed by the legislature, all those factors listed in K.S.A. 79-503 must be taken into consid- eration, in order to achieve the ultimate goal of appraising all property at the amount of money a willing buyer is justified in paying to a willing seller. Statutes

There is no statutory authority which entitles a "Funeral Director's Verification of Death" form, which form is prescribed by subsection (b) of K.S.A. 1979 Supp. 65-2412, to be recorded in the office of the Register of Deeds.

The levy authorized by the voters of Miami County in 1952 constitutes continuing authority for the county to levy up to two (2) mills for hospital purposes. No additional election is required to raise the mill rate to this limit. However, if bonds are to be issued pursuant to K.S.A. 1979 Supp. 19-1869 to finance construction and equipping of an addition to the hospital, an election is required. Statutes cited: K.S.A. 1979 Supp. 19-1801, 19-1809, 19-1869; K.S.A. 79-1947.

March 26, 1980 ATTORNEY GENERAL OPINION NO. 80- 75 The Honorable Patrick Augustine Representative, 110th District Roam 273-W Statehouse BUILDING MAIL Re: Taxation -- Bingo -- Regulation of Minors' Participation Synopsis: Through the exercise of the state's police power, the legis…

March 25, 1980 ATTORNEY GENERAL OPINION NO. 80- 80 Robert Elliott Consumer Credit Commissioner 535 Kansas Avenue Topeka, Kansas 66612 Re: Consumer Credit Code--Definitions-- "Supervised Financial Organization" Synopsis: In order to qualify as a "supervised financial organization"…

The Board of Trustees of the Neosho Memorial Hospital possesses the authority to remodel an existing structure owned by it for the purpose of converting the same into a medical clinic, and, thereafter, lease the clinic to a doctor or doctors. The board, however, may not finance the project using funds derived from a bond issue for some other purpose, or a tax levy imposition. However, funds derived from hospital business receipts, grants and un- restricted donations may be used to finance the project.

If a mortgagee discovers that, due to an error of fact, it has released a mortgage of real property once of record, upon tender of the mortgage of real property for re-recording, verified by affidavit that the consideration stated therein is principal indebted- ness which was covered by and included in the released mortgage of real property, upon which the registration fee was paid, the register of deeds may not collect or require that any mortgage registration fee be paid.

A city of the second class may sell at public auction unclaimed or confiscated personal property which has been in the custody of the police department for a period of six months. The proceeds from such sale shall be distributed in equal shares to the police and firemen's pension funds. Statutes construed: K.S.A. 1979 Supp. 14-10a02, 22-2512, 21-4206, 65-4101 et seq. *

Absent any statutory provisions stating otherwise, the secretary of state is the only public officer who can certify as to the official signature of a notary public that is on file in the office of the secretary of state. Statutes cited or construed herein: K.S.A. 53-101 and 53-102 and K.S.A. 1979 Supp. 75-409.

Hunter Safety Course instructors acting on behalf of the State of Kansas, Fish and Game Commission while conducting an approved course of firearm safety are "employees" within the meaning of the Kansas Tort Claims Act. The Committee on Surety Bonds and Insurance may purchase liability insurance to cover such instructors while acting on behalf of the State of Kansas.

If the name of the American Party of Kansas were changed to the Constitution Party, such change would result in the creation of a new political party. In order for the political party thus formed to nominate candidates for public office, it would necessarily have to comply with the statutory requirements pertaining to the organization of a political party in this state. Statutes cited or construed herein: K.S.A. 25-117, 25-302a and 25-306 and K.S.A. 1979 Supp. 25-301.

A county election commissioner is empowered by K.S.A. 19-3420 to fix the annual salary of his or her assistant election commis- sioner. While a board of county commis- sioners may, by charter ordinance, establish this power in the Board, in the absence of such a resolution the setting of the assistant's salary remains the authority of the election commissioner.

The authority and responsibility with respect to county expenditures is vested in the board of county commissioners as a general rule. An exception to the rule exists when the expenditure or obligation is necessary in order for an elected official to carry out his or her statutorily imposed duties or obligations. Fees and compensation collected by county officials or employees should be credited to the county general fund pursuant to K.S.A. 1979 Supp. 28-175, and restitution amounts for damage to county-owned property may properly be placed in the county general fund.

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The Tort Claims Act applies to a cause of action founded in tort, including one brought by an employee of the governmental entity against such entity, except that the state or municipality is not liable where the claim arises under the Kansas Workmen's Compensation Act. Furthermore, the City of Chetopa, Kansas, may purchase liability insurance for those purposes contained in K.S.A. 1979 Supp. 75-6111 which would include coverage for city employees indemnified under the Act.

March 11, 1980 ATTORNEY GENERAL OPINION NO. 80-68 Mr. I. B. Wilcox City Attorney City Hall Holton, Kansas 66436 Re: Cities and Municipalities--Public Recreation and Playgrounds--Petitions for and Elections on Establishing Recreation Systems Synopsis: Nothing in the presidential p…

Pursuant to K.S.A. 1979 Supp. 72-1106(b), a board of education may schedule school days in excess of the statutory minimum number of days comprising a school year to compensate for those school days for which it can be anticipated that schools will be closed due to hazardous driving conditions. If a board schedules days in excess of the one hundred eighty school days minimum to compensate for those days on which schools will remain closed due to hazardous driving conditions, but schools remain closed for a greater number of days than anticipated, the excess days, up to the number authorized by