Kansas AG Opinions, 1983

February 28, 1983 ATTORNEY GENERAL OPINION NO. 83- 24 James R. Cobler Director of Accounts and Reports First Floor, State Office Building Topeka, Kansas 66612 Re: Taxation -- Local Ad Valorem Tax Reduction Fund -- Distribution to Political Subdivisions Synopsis: In order for a po…

A "good, safe crossing," as applied to a culvert connecting farm land to a public road under K.S.A. 68-543, means a crossing which will accommodate farm implements and vehicles reasonably used and required by the landowner.

K.S.A. 1982 Supp. 58-2506 provides for the termina- tion of farm tenancies, with the general rule being that notice of termination must be provided at least 30 days prior to March 1, at which time the tenancy is terminated. While two exceptions to this rule are provided, they deal only with fall- seeded grain crops. Accordingly, if a notice is given after the deadline and a spring-seeded grain crop is put in, the exceptions do not apply and the lease continues until March 1 of the succeed- ing year.

February 25, 1983 ATTORNEY GENERAL OPINION NO. 83- 21 Joseph F. Harkins, Director Kansas Water Office 503 Kansas Avenue, Suite 303 Topeka, Kansas 66603 Re: Waters and Watercourses -- State Water Plan -- Agreement with Federal Government for Water Storage; Payment Dependent on App…

February 18, 1983 ATTORNEY GENERAL OPINION NO. 83 - 2n Gordon K. Lowry 317 Broadway P. 0. Box 82 Valley Falls, Kansas 66088 Re: Drainage and Levees -- Watershed Districts -- Financing Proposed Projects; Special Assessments Synopsis: The board of directors of a watershed district …

A county may enter into an interlocal agreement with a city and school district to provide for the construction, operation and maintenance of a public building. K.S.A. 19-15,116 prescribes the sources from which the county can derive moneys with which to pay its share of the costs of such an undertaking. Finally, if the county chooses to issue general obligation bonds in regard to this project, a vote of the county electors may or may not be required, depending upon whether the cost to the county would exceed $100,000.

The production of dogs and cats, through breeding and raising the same, does not constitute an "agricultural use" which exempts sales of natural gas, electricity, heat and water to be consumed for such use from the Kansas retailers' sales tax.

The clerk of the court may properly be the signatory on an arrest warrant only (a) when the warrant is based upon an indictment returned by a grand jury pursuant to K.S.A. 22-3011, or (b) in a misdemeanor case when the prosecution is commenced by the filing of an information, which is verified positively or accompanied by affidavits setting forth the facts of the crime, and a judge has expressly made the requisite findings of probable cause. A bench warrant for failure to appear must be signed by a magistrate in accordance with K.S.A. 22-2304. Cited herein: K.S.A. 22-2301, 22-2302, 22-2303, 22

The filing deadline for all city elections (in the absence of a charter ordinance providing otherwise) is 12:00 o'clock noon of the Tuesday preceding by 10 weeks the first Tuesday in April. Said deadline is mandatory, and the only recourse for a candidate, who was prevented from filing for a city office because of the failure of the city clerk to keep his or her office open until 12:00 o'clock noon on the prescribed date, is to seek relief from a court of law. Cited herein: K.S.A. 25-2109, as amended by L. 1982, ch. 157, 56. *

A person practicing social work in a Veterans Administration hospital does not have to be licensed by the State of Kansas, absent such a requirement being imposed by the hospital administrator.

The governing body of a county, city or township, which has chosen to impose the local gross earnings tax without a vote of the electorate, may determine subsequently that the tax should not be imposed and, without a vote of the electorate, may repeal the tax. Under such circumstances, the governing body must act, before November 1 of the year for which the tax is imposed, to eliminate the tax. Any attempt to act after this date comes too late.

February 1, 1983 ATTORNEY GENERAL OPINION NO. 83 - 13 The Honorable Charlie L. Angell Vice-President of the Senate Senate Chamber, State Capitol Topeka, Kansas 66612 Re: Waters and Watercourses -- Water Plan Storage -- Contracts for Withdrawal and Use of Water Held by State; Adju…

The maximum tax levy which a city of the third class may be compelled to certify, in any one year, to satisfy a judgment entered against it, is limited to an amount which a court determines to be reasonable and not oppressive.

January 31, 1983 ATTORNEY GENERAL OPINION NO. 83 - 11 John E. Bremer Decatur County Attorney Box 50 126 South Penn Oberlin, Kansas 67749 Re: Counties and County Officers -- Hospitals -- Simul- taneous Holding of Another Office by Trustee Counties and County Officers -- County Com…

In the absence of a constitutional or statutory provision to the contrary, a person has the right to seek nomination to or become a candidate for more than one city office to be filled in the same election.

The common law doctrine of incompatibility of offices precludes one person from simultaneously holding the offices of member of the Board of Trustees of Kansas City, Kansas Community College and city councilman for the city of Kansas City, Kansas.

January 21, 1983 ATTORNEY GENERAL OPINION NO. 83- 8 Charles V. Hamm General Counsel Legal Division Department of Social and Rehabilitation Services State Office Building Topeka, Kansas 66612 Re: Automobiles and Other Vehicles--Serious Traffic Offenses--Driving While Under Influen…

January 19, 1983 ATTORNEY GENERAL OPINION NO. 83- 7 The Honorable John Carlin Governor of Kansas 2nd Floor, State Capitol Topeka, Kansas 66612 Re: State Departments; Public Officers, Employees -- Department of Corrections -- Qualifications of Secretary of Corrections Synopsis: K.…

The Kansas Open Meetings Act is uniformly appli- cable to all cities and may not be circumvented by a charter ordinance. However, the quorum re- quirements of K.S.A. 13-1810 are provisions of an enactment of the legislature which is not uniformly applicable and may be changed by charter ordinance. Such charter ordinance will be subject to the "protest" style election authorized by Article 12, Section 5(c)(3) of the Kansas Constitution. "Majority," as the term is used in K.S.A. 13-1810, means the number one greater than half the number of members of the governing body and may not be changed by

As introduced, 1983 Senate Bill No. 7 would amend K.S.A. 84-9-407, relating to the release of infor- mation concerning financing statements on file, so as to grant immunity to public officials from damages resulting from their negligence in releasing such information. Such a grant of immunity is permissible under the Kansas and United States Constitutions, and would act as an amendment by implication to the Kansas Tort Claims Act, K.S.A. 1981 Supp. 75-6101 et seq.

The establishment of and expenditure of moneys for salaries of county commissioners are statutorily within the exclusive province of a board of county commis- sioners and there is no expressed or implied statutory authority permitting such salaries to be fixed pur- suant to an initiative or referendum process.

January 14, 1983 ATTORNEY GENERAL OPINION NO. 83- 3 William D. Rustin County Counselor Sedgwick County Courthouse Suite 315 Wichita, Kansas 67203-3790 Re: Insurance--Fireman's Relief Fund--Penalties for Non-Payment; Ability of Fire District to Pay Counsel Synopsis: K.S.A. 40-1703…

January 14, 1983 ATTORNEY GENERAL OPINION NO. 83- 2 The Honorable Marvin E. Smith State Representative, Fiftieth District 123 N.E. 82nd Topeka, Kansas 66617 Re: Civil Procedure -- Liens for Labor and Material -- Liens on Residential Property; Limitations Synopsis: K.S.A. 1981 Sup…

January 7, 1983 ATTORNEY GENERAL OPINION NO. 83 - 1 The Honorable Ardena Matlack State Representative, Ninety-Third District 615 Elaine Avenue Clearwater, Kansas 67026 Re: Waters and Watercourses -- Groundwater Management Districts -- Records of Meetings; Effect of Official Publi…

K.S.A. 8-237 permits the holder of a restricted drivers license between the age of 14 and 16 to operate a motor vehicle on days while school is in session over the most direct and accessible route between the licensee's residence and school of enrollment for the purpose of school attendance. The term "school attendance" has a narrower meaning than "school activities;" therefore, the holder of a restricted license is not permitted by this statute to operate a motor vehicle for transportation to mere school activities.

Sheriffs and their deputies may properly operate county- owned law enforcement vehicles outside the territorial boundaries of the county when exercising lawful juris- diction outside such county or in carrying out the statutory duties of the sheriff.

To become a certified arson investigator and exercise the police powers attendant thereto, an individual must meet the requirements established by rules and regulations of the state fire marshal and successfully complete a firearm training course as prescribed for law enforcement officers under K.S.A. 1982 Supp. 74-5604a. An individual need not complete the basic training course established for law enforcement officers in accordance with K.S.A. 74-5607a in order to be certified as an arson investigator.

A sheriff may refuse access to the jail to a person claiming to be a minister if, after inquiry of the person's professional status, the sheriff is convinced that the person does not qualify as a "minister" within the meaning of K.S.A. 19-1906. The sheriff may consider the credentials of ordination, any acknowledgment of a sect that such person is a minister and the extent to which the person is practicing the ministry as a vocation.