Kansas AG Opinions — 1981

For criminal conduct which the State has declared to constitute a felony, municipalities may not exercise concurrent jurisdiction by redefining such offense as a misdemeanor in violation of municipal ordinance.

Moneys in the special alcohol programs fund created by K.S.A. 1980 Supp. 79-41a04 may not be expended for capital improvements.

A city may not use moneys from its industrial fund to pay legal fees incurred by a group of citizens in challenging the decision of a school board to close a local school.

Although written requests for notice of government meetings are preferred and the absence of a written request makes prosecution under the Kansas Open Meetings Act nearly impossible, oral requests for notice are to be honored. In addition, meetings for the discussion of personnel matters of non-elected personnel may be held in executive session, but only after the notice requirements and procedures for recessing into closed sessions have been followed.

A city of the second class may not provide for the term of office of any city officer by means of an "employment" contract with such officer, and in light of the provisions of K.S.A. 14-201, a second class city may not provide for a two-year term of office for any of its officers, except pursuant to a charter ordinance.

While K.S.A. 80-112 does not require an election to approve the sale of certain township property by townships located in certain counties, unless the. criteria of that statute are met the sale of township property must be accomplished in accordance with K.S.A. 80-109, which requires that such sale be approved by the township's electors. Cited herein: K.S.A. 25-2502, 80-109, 80-110, 80-112. * Dear Ms. Page:

Absent statutory authority the Kansas State Grain Inspection Department may not charge additional inspection fees to pay for federal supervision fees imposed by 7 U.S.C.A. §79(j)(2). Cited herein: K.S.A. 34-101, 34-103a, 7 U.S.C.A. §79.

Unlike Kansas cities and counties which exercise constitutional or statutory "home rule" powers, school districts are creatures of statute and, as such, enjoy only those powers expressly confer- red, by law, together with those implied powers which are necessary for the effective exercise and discharge of the powers and duties expressly conferred. No statutory authority exists, either expressly conferred or necessarily implied, author- izing the expenditure of school districts funds to contribute to a lobbying effort on a proposed state-wide severance tax.

K.S.A. 59-1701, as amended by Section 1 of Chapter 226 of the 1981 Session Laws of Kansas, does not authorize a bank or other corporation, organized under the laws of, and having a principal place of business in, another state, to act as a trustee in the state of Kansas with respect to the issuance of industrial revenue bonds by a Kansas municipality.

September 14, 1981 ATTORNEY GENERAL OPINION NO. 81-214 Mr. C. E. Russell Wellington City Attorney City Hall 202 North Washington Wellington, Kansas 67152 Re: Cities and Municipalities -- Port Authorities -- City Councilman as Port Authority Board Member Synopsis: Because of the d…

September 11, 1981 ATTORNEY GENERAL OPINION NO. 81- 213 John Dekker Director of Law City of Wichita City Hall, 13th Floor Wichita, Kansas 67202 Re: Cities and Municipalities -- Additions -- Effect of Annexation Upon Territory of Fire District Synopsis: K.S.A. 12-503a provides alt…

Three townships may enter into an interlocal agree- ment for the creation of a recreation district. Upon approval of the voters of each township, each township may levy a tax for recreation purposes not to exceed 2 mills and produce revenues of not to exceed $1,000 per township. Each township may expend such revenues so collected for the opera- tion of a joint recreation district.

September 10, 1981 ATTORNEY GENERAL OPINION NO. 81-211 Roy P. Britton Banking Commissioner Banking Department Suite 600, 818 Kansas Ave. Topeka, Kansas 66612 Re: Banks and Banking -- Deposit of Public Moneys -- Bank's Eligibility as Depository Cities and Municipalities -- School …

September 10, 1981 ATTORNEY GENERAL OPINION NO. 81-210 Marvin S. Steinert, Commissioner Savings and Loan Department 503 Kansas Avenue, Room 220 Topeka, Kansas 66603 Re: Contracts and Promises -- Interest and Charges -- Extension of Most Favored Lender Doctrine to State Savings an…

There are no statutory obstacles to a member of the board of education of a unified school district simultaneously holding either of the offices of county attorney or municipal judge of a city of the second class. Moreover, the common law doctrine of incompatibility of offices does not preclude either of such simultaneous incumbencies.

September10,1981 ATTORNEY GENERAL OPINION NO. 81- Robert L. Elliott Consumer Credit Commissioner Suite 1114, 535 Kansas Ave. Topeka, Kansas 66603 Re: Consumer Credit Code -- Finance Charges -- Addi- tional Charges Not Included Therein Synopsis: A lender who enters into a consumer…

September 1, 1981 ATTORNEY GENERAL OPINION NO. 81-208 The Honorable Gerald L. Karr State Senator, Seventeenth District R.R. 2, P. 0. Box 101 Emporia, Kansas 66801 Re: Counties and County Officers -- County Commis- sioners -- Expending Public Funds for Lobbying; Public Purpose Syn…

An individual who is employed to act solely as "tour guide" for a developer, and whose functions and duties do not involve assisting or directing in the procuring of prospective buyers or customers or otherwise contravene the provisions of K.S.A. 1980 Supp. 58-3035(c)(8), is not required to be licensed as a real estate broker or salesperson.

August 31, 1981 ATTORNEY GENERAL OPINION NO. 81-206 Mrs. Beth Fenske Route 2 Mayetta, Kansas 66509 Re: Schools--Boards of Education; Organization, Powers, Finances--Special Meetings Synopsis: Under K.S.A. 72-8205 (as amended by L.1981, ch. 293, §1), a school board member may waiv…

A county may not require a sheriff to enforce city ordinances pursuant to an Interlocal agreement. Attorney General Opinion No. 78-50 is withdrawn.

The ownership by a township of a residence which is provided to the road supervisor is a public purpose, insofar as the supervisor also oversees the equipment, materials and supplies of the town- ship that are kept on the premises, as well as maintaining the township hall. Accordingly, in the event that such residence is damaged or de- stroyed by fire, the township may issue general obligation bonds following an election approving same, with the proceeds used for repair or recon- struction.

August 25, 1981 ATTORNEY GENERAL OPINION NO. 81-203 Patrick J. Hurley Secretary of Administration State Capitol, Room 263-E Topeka, Kansas 66612 Re: State Departments -- Department of Administration -- State Capital Improvement Projects Not Subject to Municipal Building Codes Syn…

August 25, 1981 ATTORNEY GENERAL OPINION No. 81-202 David W. Kester Kansas State Department of Education 120 East Tenth Street Topeka, Kansas 66612 Re: Schools -- State Music Festivals -- Duplication of Copyrighted Works Synopsis: Duplication of copyrighted musical scores for the…

Moneys deposited in the state treasury and credited to the "forestry, fish and game commission fee fund" are not custodial moneys within the meaning of the State Moneys Law, K.S.A. 75-4201 et seq. Interest earned on such moneys must be credited to the state general fund, pursuant to the pro- visions of K.S.A. 75-4210a.

The conclusion reached in Attorney General Opinion No. 81-158, that a state's interest rate limita- tions on business and agricultural loans of $1,000 or more have been preempted by federal legisla- tion, is affirmed. However, because such preemp- tion is operative only if the federally-prescribed interest rate limitation exceeds a state's limita- tion, such preemptive interest rate is not appli- cable in Kansas, since Kansas statutes no longer .impose any interest rate limitations on business and agricultural loans.

A watershed district organized pursuant to K.S.A. 24-1201 et seq. is a body corporate and politic, and has among its enumerated powers the ability to sell land and execute the necessary contracts therefor. Insofar as a sale of land on contract advances the purposes of the district and is otherwise properly made, such a sale is binding on the successors to the present board and does not violate either the Cash Basis Law (K.S.A. 10-1101 et seq.) or any other Kansas statutes. Cited herein: K.S.A. 10-1101, 24-1201, K.S.A. 1980 Supp. 19-211, 24-1209. *

January 6, 1981 ATTORNEY GENERAL OPINION NO. 81- 2 The Honorable Jack Steineger State Senator, Sixth District State Capitol Topeka, Kansas 66612 Re: - Elections--Official Ballots--Simultaneous Candidacies Synopsis: The legislature has provided for two official ballots for the ele…

August 21, 1981 ATTORNEY GENERAL OPINION NO. 81-199 Honorable Ruth Luzzati Representative, Eighty-Fourth District Sedgwick County 5203 Plaza Lane Wichita, Kansas 67208 Re: Schools--Special Education--Decisions of the State Board 'Synopsis: If a local board of education refuses to…

Where a judicial district has adopted district court rules pursuant to K.S.A. 1980 Supp. 22-2912 to administer a diversionary program, the court may adopt any rules necessary to regulate the program insofar as such are in accordance with applicable statutes and rules of the Supreme Court. There are no statutory provisions which state expressly that there must be a diversion program in every county.

In order to prevent damage to roads under their jurisdiction, local-authorities may, pursuant to K.S.A. 8-1912(c), impose limits as to the weight or size of vehicles which may be operated thereon. Such limits become effective through the posting of signs [K.S.A. 8-1912(b)], and if violated, can result in a civil action to recover damages. While a non-urban township board is given the general charge and supervision over roads within the town- ship, it is not a "local authority" so as to impose such limits on vehicular use of township roads.

A county attorney has a duty to collect delinquent county hospital accounts and, therefore, may not receive additional compensation for such actions. Suits filed to collect delinquent county hospital accounts must be filed in the name of the board of county commissioners.

Funds generated in the operation of college and university dormitories for which revenue bonds remain outstanding are to be placed in custodial accounts and invested by the pooled money invest- ment board as "surplus reserves," unless otherwise required by bond agreements. Income in the form of interest on such accounts is to be credited to the custodial account generating such income and is not to be placed in the state general fund, unless otherwise required by bond agreements.

August 21, 1981 ATTORNEY GENERAL OPINION NO. 81- 194 Dale W. Bell City Attorney 519 Commercial P. 0. Box 921 Emporia, Kansas 66801 Re: Insurance -- Fireman's Relief Fund -- Distribution of Moneys; Vested Pension Rights Synopsis: K.S.A. 1980 Supp. 40-1707 provides for the payment …

August 18, 1981 ATTORNEY GENERAL OPINION NO. 81-193 Mr. Phillip M. Fromme Coffey County Attorney County Courthouse Burlington, Kansas 66839 Re: Militia, Defense and Public Safety -- Emergency Preparedness for Disasters -- Forced Evacuations State Departments; Public Officers, Emp…

August 14, 1981 ATTORNEY GENERAL OPINION NO. 81-192 The Honorable Jack H. Brier Secretary of State 2nd Floor - Capitol BUILDING MAIL Re: Elections -- Voting Machines and Electronic or Electromechanical Voting Systems -- Acquisition by Counties Synopsis: The provisions of K.S.A. 1…

A municipal ordinance which increases rates for electricity furnished by a municipal utility may not be applied retroactively, since such action violates federal and state constitutional prohi- bitions against laws impairing the obligation of contract.

There is no legal basis for a county sheriff to receive any remuneration in connection with providing meals for county prisoners over and above the actual and reasonable expenditures made by the sheriff in providing such meals.

January 20, 1981 ATTORNEY GENERAL OPINION NO. 81 - 19 Douglas A. Price Humboldt City Attorney 701 Bridge Street Humboldt, Kansas 66748 Re: Intoxicating Liquors and Beverages--Cereal Malt Beverages--Fees for Retailers' Licenses Synopsis: Pursuant to its constitutional home rule po…

Those provisions of K.S.A. 17-2015 which require the state banking board's approval of a trust company's change in location are applicable to a trust company wherein moneys are currently on de- posit. Accordingly, since Colonial Trust Company in Abilene, Kansas has current savings and time deposits, that company's proposed move to Great Bend, Kansas is subject to approval by the state banking board.

A board of education may appoint a deputy clerk to record the minutes of school board meetings. Once the minutes have been prepared, they should be reviewed for accuracy by the board of education. After the minutes have been reviewed and approved by the board, the clerk is required to maintain and preserve those minutes as a journal of the pro- ceedings of the board of education.

In determining the assessment of real property under K.S.A. 79-417, the county clerk should seek assistance from the county appraiser.

A county attorney's regular duties include handling cases air his county in the courts of his own county. For work on cases on behalf of the county in other courts, the county attorney is entitled to charge and receive from the county all usual and reasonable fees as additional compensation, regardless of the physical presence of the county attorney in the county when the work was performed.

August 11, 1981 ATTORNEY GENERAL OPINION NO. 81-185 Honorable Elwaine F. Pomeroy State Senator, Eighteenth District 1415 Topeka Avenue Topeka, Kansas 66612 Re: Schools--Teachers' Contracts--Communications between Professional Employees and the Board of Education Synopsis: When a …

K.S.A. 12-709, which prohibits zoning ordinances from applying to the existing use of any building or land, will not prevent .a city from requiring owners of parking lots to designate certain parking spaces for handicapped persons because such designation does not involve a change in "use."

Upon a finding by a district court that a cemetery is "abandoned," as defined by K.S.A. 1980 Supp. 17-1366(a), the cemetery corporation holding title to same is dissolved, with title vesting in the municipality in which the cemetery is located. The obligation on the part of the municipality to care for and maintain the property thereafter is a continuing one, and may not be contracted away, nor may the municipality divest itself of title to the property.

Neither the Pharmacy Act of the State of Kansas, nor the Kansas Healing Arts Act, permits a physician to delegate the authority to dispense prescription-only drugs to his or her patients. Kansas Attorney General Opinion No. 80-208 is affirmed.

The provisions of K.A.R. 49-27-la allow the Secretary of Human Resources to determine whether a party to impasse resolution proceedings has complied with the time limit prescribed in K.S.A. 72-5427 to request the appointment of a fact-finding board. If a request for the appointment of a fact-finding board is not filed timely, the request is not filed in accordance with the provisions of K.S.A. 72-5427(c), and, thus, the secretary has no authority to appoint a fact- finding board under the provisions of K.S.A. 72-5428.

July 28, 1981 ATTORNEY GENERAL OPINION NO. 81-180 Paul D. Handy Finney County Attorney Box M, Finney County Courthouse Garden City, Kansas 67846 Re: Taxation -- Mortgage Registration Fee -- Instru- ments Subject Thereto Synopsis: A register of deeds may refuse to file a document …

The provisions of K.S.A. 1980 Supp. 13-1806 require that a vacancy occurring in the office of the city commissioner be filled by the remaining commissioners selecting a successor to serve until the next city general election. Even though said statute is silent as to the election procedure to be followed where such vacancy occurs during a term of office that otherwise would not have expired at such election, the apparent underlying legislative intent is that, at said election, the qualified electors of the city elect a successor to fill the balance of the unexpired term.

A board of education is not authorized, under the provisions of K.S.A. 72-8414, 72-8415a or 72-8415b, to establish a trust fund or execute a trust agree- ment in connection with the provision of insurance benefits or health care services to the employees of the school district.