Kansas AG Opinions — 1982

A board of county commissioners, which has chosen to impose the tax authorized by 1982 House Bill No. 3142 without a vote of the electorate, may determine subsequently that the tax should no longer be imposed by the county and, without a vote of the electorate, may repeal the county resolution pursuant to which the tax is imposed.

September 3, 1982 ATTORNEY GENERAL OPINION NO. 82- 188 Delton M. Gilliland Fairfax Township Treasurer Tiffany Building Lyndon, Kansas 66451 Virginia Kersten Osage County Clerk County Courthouse Lyndon, Kansas 66451 Re: Roads and Bridges -- County and Township Roads -- Tax Levies …

The increased penalty provisions of K.S.A. 21-4501 (as amended by L. 1982, ch. 137, §1) and K.S.A. 21-4608, (as amended by L. 1982, ch. 150, §1) do not apply to crimes committed before July 1, 1982 (the effective date of the amendments), but are applicable to sentencing for crimes committed after July 1, 1982.

The exercise of county home rule powers is restricted or limited by K.S.A. 19-101a, Fourth, regarding "acts of the legislature prescribing limits of indebtedness." Even though the limits of bonded indebtedness prescribed by K.S.A. 1981 Supp. 10-306 do not apply uniformly to all counties, a county is precluded by K.S.A. 19-101a, Fourth, from exempt- ing itself from these limits.

September 1, 1982 ATTORNEY GENERAL OPINION NO. 82-185 The Honorable Pauline Schwarm District Magistrate Judge Kiowa County Courthouse Greensburg, Kansas 67054 Re: Automobiles and Other Vehicles -- Serious Traffic Offenses -- Driving While Under Influence of Alcohol; Use of Prior …

The provisions of K.S.A. 1981 Supp. 2-1907b are permissive with respect to the payment of county moneys for the operation of soil conservation dis- tricts, and boards of county commissioners are not required by this statute to make such payments.

August 19, 1982 ATTORNEY GENERAL OPINION NO. 82-183 The Honorable Ed C. Rolfs State Representative, Sixty-Fifth District 424 North Madison Junction City, Kansas 66441 Re: Automobiles and Other Vehicles -- Serious Traffic Offenses -- Driving While Under Influence of Alcohol; Perfo…

August 19, 1982 ATTORNEY GENERAL OPINION NO. 82- 182 Alan F. Alderson General Counsel Kansas Department of Revenue State Office Building Topeka, Kansas 66625 Re: Automobiles and Other Vehicles -- Serious Traffic Offenses -- Driving While Under Influence of Alco- hol; Use of Prior…

K.S.A. 16-707 contemplates licensure of pawnbrokers and precious metal dealers as separate entities. Therefore, a licensed pawnbroker must also obtain a precious metal dealer's license prior to transacting business as a precious metal dealer. Jewelers who purchase precious metals, or used articles containing such metals, for resale purposes must be licensed as precious metal dealers. Coin dealers who purchase coins for their numismatic value, rather than their metal content, are not required to be licensed as precious metal dealers.

August 19, 1982 ATTORNEY GENERAL OPINION NO. 82-180 John Travison Chairman of Library Board` Louisburg Library District No. 1 0. Box 398 Louisburg, Kansas 66053 Re: Cities and Municipalities -- Libraries -- Library District; Donation of Moneys by Township Synopsis: A library dist…

If a councilman of a city of the third class removes his residence from the territorial limits of the city, he is no longer a "qualified elector" of the city, and a vacancy in the office occurs automatically.

A city which operates a cemetery pursuant to the provisions of K.S.A. 12-1401 et seq. has full power to make and enforce all necessary rules and regu- lations pertaining to the care of such cemetery. This grant of power includes the ability to remove and reinter remains which are contained in a mauso- leum that has become structurally unsound. In order to avoid potential liability, notice should be provided if possible to relatives of those per- sons whose remains are so transferred. However, a city is not required to obtain such relatives' consent prior to effecting such removal and rein- ter

In that a watershed district organized pursuant to K.S.A. 24-2101 et seq., is a quasi-municipal corporation, a quorum may be established, and any votes taken by the board of directors, only with those directors who are present, thus pre- cluding the use of voting by proxy.

K.S.A. 10-1117 requires certain records "of" the municipality to be open for public inspection in- cluding records of "indebtedness, contracts creat- ing a liability against the municipality, . . . each order, warrant check or checks, drawn on the treasury and paid." Private records of a business or corporation are not available for inspection under this statute. K.S.A. 10-1117 directs the clerk or secretary of the municipality to keep and make available these records and does not place any legal obligation upon any employee of a private business or corporation to disclose any records.

A public body subject to the Kansas Open Meetings Act may not permit individuals or special inter- est groups, including members of the news media, to attend executive sessions as mere observers while excluding the public generally. Individuals may attend executive sessions of government bodies subject to the Act upon invitation where such per- sons are present to provide information to the body or participate in its deliberations, but may not attend merely as observers.

August 11, 1982 ATTORNEY GENERAL OPINION NO. 82- 175 Karen Barefield Ottawa County Attorney Ottawa County Courthouse Minneapolis, Kansas 67467 Francis E. Meisenheimer Assistant Reno County Attorney Law Enforcement Center .210 West First Street Hutchinson, Kansas 67501 Re: Automob…

The common law doctrine of incompatibility of offices precludes one person from simultaneously holding the offices of city manager and city treasurer in a city of the second class having a commission-manager form of government. Cited herein: K.S.A. 12-1001, 12-1011, 12-1014, 12-1024.

A watershed district organized pursuant to K.S.A. 24-1201 et seq., is governed by a board of direc- tors selected under K.S.A. 24-1211. An individual member of such a board is immune from personal liability for injuries to private individuals re- sulting as a consequence of his or her official acts.

The Wichita State University Endowment Association is a private nonprofit corp- oration which is not an "agency" of the State of Kansas for purposes of the Kansas Public Records Act, nor is it substantially controlled by Wichita State University within the meaning of K.S.A. 76-721. However, otherwise public records in the custody of the Association retain their character as public records and must be made available in accordance with K.S.A. 45-201 et seq.

Neither K.S.A. 12-1222 nor the common law doctrine of incompatibility of offices precludes a person from simultaneously being the county register of deeds and a member of a city's library board.

August 9, 1982 ATTORNEY GENERAL OPINION NO. 82- 170 Robert F. Lytle Bennett, Lytle, Wetzler, Winn & Martin 5100 West Ninety-Fifth Street Prairie Village, Kansas 66208 Re: State Boards, Commissions and Authorities--Public Employees Retirement System--Out-of-State Public School Emp…

The provisions of the transient guest tax act, K.S.A. 1980 Supp. 12-1696 et seq., are non-uniform in application to cities and hence are subject to charter ordinance pursuant to Article 12, Section 5 of the Kansas Constitution. However, after having exempted itself from the provisions of a non-uniform state statute, a city may not impose administrative duties upon a state agency.

August 9, 1982 ATTORNEY GENERAL OPINION NO. 82-169 Jim Pringle Sumner County Attorney County Courthouse Wellington, Kansas 67152 Re: Automobiles and Other Vehicles -- Serious Traffic Offenses -- Driving While Under Influence of Alcohol; Effect on Prosecutions Instituted Prior to …

August 9, 1982 ATIORNEY GENERAL OPINION NO. 82-16 8 Mr. David K. Martin P.O. Box 10 The Tower Building 200 South Chestnut Olathe, Kansas 66061 Re: Criminal Procedure -- Search and Seizure -- Custody and Disposition of Seized Property Cities, Second Class -- Sale of Firearms Found…

Neither attachment nor garnishment of wages held by the Board of Public Utilities, and due its employees, is available to the Board for the purpose of recovering unpaid utility bills due the Board from those employees, because it is impermissible for an aggrieved party to attach or garnish wages it holds for its own employees.

Non-salaried reserve police officers are not police officers or law enforcement officers for the purposes of Section 4 of 1982 Senate Bill No. 499 (L. 1982, ch. 322), which imposes training requirements on full-time and part-time police and law enforcement officers. Additionally, to be regarded as "full- time," a police officer or law enforcement officer must work at least 1,000 hours per year. Cited herein: K.S.A. 74-5602 (as amended by L. 1982, ch. 322, §2, and further amended by L. 1982, ch. 323, §1), L. 1982, ch. 322, §4.

August 4, 1982 ATTORNEY GENERAL OPINION NO. 82-169 Howard Schwartz Judicial Administrator Kansas Judicial Center 301 West Tenth Topeka, Kansas 66612 Re: Automobiles and Other Vehicles -- Arrests, Cita- tions, Procedures and Penalties -- Appearance Bonds; Use of Credit Cards Synop…

A register of deeds is required to file of record a written instrument whereby real estate may be affected. Such filing can properly be refused only if the instrument contains apparent errors, or is not proved or acknowledged, and certified in the manner prescribed by law, or the register of deeds has been directed by a court not to file the instrument. Of course, a register of deeds also may refuse to file instruments that clearly do not affect real estate, or where the law requires some act, such as payment of the mortgage registration fee, before the instrument may be received and filed of

K.S.A. 19-261 allows boards of county commissioners to provide ambulance services as a county function. K.S.A. 19-261 also allows boards of county commis- sioners to contract with any city, person, firm, or corporation for the furnishing of ambulance services. However, boards of county commissioners are not required to provide ambulance services either as a county function or by contract.

The provisions of K.S.A. 65-1648 (as amended by L. 1982, ch. 262, 55), which authorize registered nurses to distribute (under certain prescribed circumstances) prescription medications at private, not-for-profit family planning clinics, are valid and constitutional. A prescription-only drug may be distributed at such a clinic only where there has been compliance with the provisions of subsection (q) of K.S.A. 65-669. However, whether competent medical practice necessitates a physical examination prior to receiving prescription medications can be determined only by consideration of the facts of

A city may, through the adoption of a valid charter ordinance, exempt itself from the provisions of K.S.A. 12-4112, and provide for the assessment of court costs in municipal, court cases.

July 26, 1982 ATTORNEY GENERAL OPINION NO. 82-160 The Honorable John Carlin Governor of Kansas 2nd Floor, State Capitol Topeka, Kansas 66612 Re: State Departments; Public Officers, Employees -- Department of Administration -- Application of Allotment System Synopsis: K.S.A. 75-37…

The Kansas Open Meetings Act does not prohibit the use of written memoranda between members of a pub- lic body subject to the Act. However, use of writ- ten documents at an otherwise public meeting which effectively deny the public access to the decision- making process may constitute a violation of the Kansas Open Meetings Act.

The limitation on the issuance of county general obligation bonds, set forth in K.S.A. 19-2736, does not apply to sewer districts created under the provisions of K.S.A. 19-2704 to 19-2715.

July 12, 1982 ATTORNEY GENERAL OPINION NO. 82-158 Stanley H. Stauffer, Chairperson Board of Directors Metropolitan Topeka Airport Authority P. 0. Box 19053 Topeka, Kansas 66619 Re: Federal Jurisdiction--Surplus Property of Federal Agencies--Public Airport Authority; Power to Borr…

July 12, 1982 ATTORNEY GENERAL OPINION NO. 82- 157 E. A. Mosher, Executive Director League of Kansas Municipalities 112 West Seventh Street Topeka, Kansas 66603 Re: Automobiles -- Serious Traffic Offenses -- Driving While Under Influence of Alcohol; Effect of Amend- ments Concern…

Sales of tangible personal property to contractors working on a construction project of the Kansas Park and Resources Authority are not exempt from the Kansas retailers' sales tax.

July 12, 1982 ATTORNEY GENERAL OPINION NO. 82- 155 E. A. Mosher, Executive Director League of Kansas Municipalities 112 West Seventh Street Topeka, Kansas 66603 Re: Automobiles -- Serious Traffic Offenses -- Driving While Under Influence of Alcohol; Imposition by Municipal Courts…

The Board of County Commissioners of Mitchell County possessed the authority to exempt the county from the provisions of K.S.A. 79-5001 to 79-5016, inclusive, to the extent of the costs to be incurred by the county in the operation of the sheriff's department in fiscal year 1983 and each year there- after, and to prescribe that, for the purpose of determining the county's compliance with the limitation prescribed in K.S.A. 79-5003, those costs are not to be included in determining the aggregate amount of taxes levied by the county in said years. Attorney General Opinion Nos. 81-168 and 77-272

During the 1982 session of the Legislature, both Senate Bill Nos. 559 and 595 were enacted into law. As each of the two measures contains a section amending K.S.A. 16a-2-401, they should, if possible, be considered together in order to give effect to both. In that they alter different subsections of the statute, the two measures are not in con- flict. Even though the changes made by S.B. No. 595 are not reflected in S.B. No. 559, K.S.A. 16a-2-401 may be read to include the changes made by both acts.

July 9, 1982 ATTORNEY GENERAL OPINION NO. 82-152 Robert H. Royer, Jr. 101 1/2 N.W. Third P. 0. Box 413 Abilene, Kansas 67410 Re: Automobiles and Other Vehicles -- Serious Traffic Offenses -- Driving While Under Influence of Alcohol; Effect of State Law on City Ordinances Criminal…

Because the legislature has preempted the field of regulating the size and weight of vehicles, counties may exercise their legislative powers in this area only pursuant to express statutory direction or authority granted in K.S.A. 8-1912. In absence of express statutory authority, a county may not create the position of weight inspection agent for the purpose of enforcing the vehicular size and weight limitations applicable on county roads. Such is the duty of the county's sheriff and his deputies.

A contract which determines the custody of a child is void as against public policy.

A county resolution which requires an ambulance service to have at least four operational ambulances to operate within the county is valid insofar as it establishes minimum operational standards within the county in compliance with K.S.A. 1980 Supp. 19-262. However, such a standard may not be im- posed upon a city which provides ambulance service within the city limits.

Refunding revenue bond proceeds deposited with Kansas banks and trust companies pursuant to trust agreements as provided by K.S.A. 1981 Supp. 10-116a, are not deposits of public funds pursuant to K.S.A. 1981 Supp. 9-1402, as amended by House Bill No. 2139, 1982 Legislative Session.

The Metropolitan Topeka Airport Authority may award contracts by any method which is reasonable and which will safeguard the public interest. Cited herein: K.S.A. 27-327, 27-330, 27-331.

Section 1 of 1982 Senate Bill No. 707 authorizes the board of county commissioners of any county to transfer any portion of the revenue received pursuant to K.S.A. 1981 Supp. 12-192 (as amended by Section 1 of 1982 House Bill No. 3117), from the county general fund to the county road and bridge fund.

A county may agree to terms and conditions in a hospital lease agreement between the county and a private corporation which establish requirements for the selection of the board of directors of the private corporation. However, the county may not conduct an election at public expense utilizing the state and local election machinery to select the members of the board of directors of the pri- vate corporation.

The conclusion reached in Attorney General Opinion No. 81-27 is expanded to provide that therapeutic psychological and speech and hearing services may be provided, constitutionally, at a location phys- ically unified with a sectarian institution, so long as the location is religiously neutral. Any such location, at a minimum, must be free of reli- gious symbols, contain material and equipment separate from that used in the remaining portion of the sectarian institution, and be under the control of public employees who are not subject to the supervision of the sectarian school's admin- istrator

K.S.A. 75-4304 prohibits a county commissioner from contracting, in his official capacity, with a business in which the commissioner has a sub- stantial interest. The prohibition is not elim- inated if the other county commissioners approve the subject contracts.