Kansas AG Opinions, 1985

ROBERT T. STEPHAN ATTORNEY GENERAL February 18, 1985 ATTORNEY GENERAL OPINION NO. 85- 20 Christopher Y. Meek Cherokee County Attorney 1031 Military Avenue Baxter Springs, Kansas 66713 Re: Elections -- City Elections -- Time of Primary Elections; Uniformity of Statute Synopsis: K.…

The state property tax imposed under K.S.A. 76-6b04 and deposited in the state institutions building fund is levied for the use and benefit of state institutions caring for persons who are mentally ill or visually handicapped or who have a handicapping hearing loss. The Kansas Soldiers' Home is a state institution caring for such persons. Therefore, moneys in the state institutions building fund may be used for improvements at the Kansas Soldiers' Home.

ROBERT T. STEPHAN ATTORNEY GENERAL February 12, 1985 ATTORNEY GENERAL OPINION NO. 85- 17 The Honorable Herman G. Dillon State Representative, Thirty-Second District 273-W, State Capitol Topeka, Kansas 66612 Re: Insurance -- Automobile Injury Reparations Act -- Motor Vehicle Liabi…

The Kansas Meat and Poultry Inspection Act, K.S.A. 65-6a18 et seq., provides for the inspection of various meat and poultry products which are used in intrastate commerce, in order to insure that no adulterated products are sold for human consumption. The act does not apply to meat which is donated for consumption at a church dinner, even if a free will offering is taken, in that such activities are not a part of intrastate commerce.

The purchase of Missouri lottery tickets by a ticket service business using Kansans' money and subsequent distribution of the tickets to customers within Kansas violates K.S.A. 21-4306. If Kansans wish to buy Missouri lottery tickets, they must personally purchase the ticket in Missouri, in that resale or redistribution of lottery tickets within Kansas is illegal.

The United States government has exclusive jurisdiction over crimes committed on Fort Leavenworth property, which may be exercised in investigating child abuse pursuant to 18 U.S.C. §13. Local governmental officials may enter into an agreement with it authorizing concurrent jurisdiction in matters of police protection.

ROBERT T. STEPHAN ATTORNEY GENERAL January 31, 1985 ATTORNEY GENERAL OPINION NO. 85- 13 The Honorable Joseph C. Harder State Senator, 25th District State Capitol, Room 143-N Topeka, Kansas 66612 Re: Intoxicating Liquors and Beverages -- Licensing and Related Provisions -- Farm Wi…

Teaching personnel at the State School for the Deaf and the State School for the Visually Handicapped are state employees in the unclassified service of the state's civil service system. As such, they are not governed by the laws which grant tenure and continuing contract rights to teachers in the public elementary and secondary schools.

The abandonment of the commission form of government by a city of the second class does not invalidate city ordinances adopted under that form of government.

K.S.A. 12-714 and Chapter 58 of the 1974 Session Laws of Kansas are uniformly applicable to all cities. Therefore, a city may not adopt a charter ordinance exempting itself from that part of K.S.A. 12-714 which prescribes that all members of the board of zoning appeals shall be residents of the city.

ROBERT T. STEPHAN ATTORNEY GENERAL January 18, 1985 ATTORNEY GENERAL OPINION NO. 85- 9 Colonel Bert Cantwell Superintendant Kansas Highway Patrol 122 SW Seventh Topeka, Kansas 66603 Re: Automobiles and Other Vehicles -- Drivers' Licenses -- Driving While License Cancelled, Suspen…

The common law doctrine of incompatibility of offices does not preclude one person from simultaneously holding the offices of deputy sheriff and mayor of a third class city having the mayor-council form of government.

ROBERT T. STEPHAN ATTORNEY GENERAL January 16, 1985 ATTORNEY GENERAL OPINION NO. 85- 7 The Honorable Roy M. Ehrlich State Senator, Thirty-Fifth District Route 1, Box 92 Hoisington, Kansas 67544 Re: Automobiles and Other Vehicles -- Maximum Speed Limits -- Certain Violations Not M…

A law which does not attempt to confer legislative power upon some person or group cannot be found to involve an unlawful delegation of legislative authority. The provisions of 1985 House Bill No. 2023, concerning the transfer of a portion of the sales tax receipts of the state from the general fund to the highway fund, do not attempt to delegate legislative power. Thus, those provisions do not involve an unlawful delegation of legislative authority.

K.S.A. 79-2015 does not authorize a city to collect special assessments in the same manner as a personal debt of the property owner. State laws generally provide that such assessments are to be levied against the real property benefited, and are to be collected by initiating a tax foreclosure action under K.S.A. 79-2801 et seq.

ROBERT T. STEPHAN January 9, 1985 ATTORNEY GENERAL ATTORNEY GENERAL OPINION NO. 85- 4 John A. Lamb Director Alcoholic Beverage Control Division Department of Revenue 700 Jackson, 2nd Floor Topeka, Kansas 66603 Re: Intoxicating Liquors and Beverages -- Licensing -- Persons to Whom…

ROBERT T. STEPHAN ATTORNEY GENERAL January 2, 1985 ATTORNEY GENERAL OPINION NO. 85- 3 Vic Miller Director of Property Valuation Fifth Floor, State Office Building Topeka, Kansas 66625 Re: Real and Personal Property -- Conveyances of Land -- Recording of Instruments Synopsis: In t…

Information gathered in the course of an investigation by the Kansas Commission on Civil Rights is confidential, pursuant to K.S.A. 44-1005, as amended by L. 1984, ch. 186, §1(e). While files of such investigations are subject to retention under the Public Records Preservation Act, K.S.A. 45-401 et seq., the confidential nature of the files is required to be maintained by the archivist.

ROBERT T. STEPHAN August 2, 1985 ATTOR NEY GENERAL ATTORNEY GENERAL OPINION NO. 85-95 John A. Lamb, Director Alcoholic Beverage Control Division Department of Revenue 700 Jackson, 2nd Floor Topeka, Kansas 6603 Re: Intoxicating Liquors and Beverages -- Licensing and Regulation of …

K.S.A. 1984 Supp. 74-5607a requires a Kansas law enforcement officer to complete a minimum of 40 hours of annual training as a requirement for continued employment. While Kansas statutes do not require the payment of compensation to an officer who takes such training during off- duty hours, the federal Fair Labor Standards Act (FLSA) does contain such a requirement, and applies to those public agencies which have five or more employees who qualify as law enforcement officers.

Elections conducted pursuant to the Mail Ballot Election Act, K.S.A. 1984 Supp. 25-431 et seq., are subject to general election laws to the extent that such laws are applicable. In that there are no designated polling or voting places in a mail ballot election, K.S.A. 25-2430, which prohibits electioneering at such locations, does not apply to mail ballot elections. Accordingly, advertising of views in support of or in opposition to the Sedgwick County sales tax proposal does not have to be discontinued for the 20 day period in which mail ballots are in circulation.

Prior to enactment of 1985 House Bill No. 2451, a driver's failure to appear before a municipal court could not, in the absence of a bench warrant under K.S.A. 12-4301, result in suspension of his or her license by the Division of Vehicles of the Department of Revenue. However, provisions of the bill amend K.S.A. 1984 Supp. 8-2110 to now provide for such suspension after a failure to appear before either a district or a municipal court. Attorney General Opinion No. 84-43, which was issued prior to the amendment of K.S.A. 1984 Supp. 8-2110, is hereby withdrawn.

The Kansas Ombudsman has no duty or authority to investigate complaints filed by inmates who have been transferred from a correctional facility to the state security hospital at Larned.

ROBERT T. STEPHAN ATTORNEY GENERAL May 9, 1985 49 ATTORNEY GENERAL OPINION NO. 85- Colt Knutson Riley County Attorney 6th and Humboldt, Suite 1 Manhattan, Kansas 66502 Re: State Departments; Public Officers, Employees -- Public Officers and Employees -- Open Public Meetings; Bodi…

ROBERT T. STEPHAN ATTORNEY GENERAL May , 1985 ATTORNEY GENERAL OPINION NO. 85- 47 Stan Martin Law Offices of Martin, Hoffman & McNish 325 Broadway Abilene, Kansas 67410 Re: Cities and Municipalities -- Franchises -- Granting Franchises; Elections on Ordinance Synopsis: A popular …

ROBERT T. STEPHAN ATTORNEY GENERAL Feruary 18, 1985 ATTORNEY GENERAL OPINION NO. 85- 19 James B. McKay, Jr. City Attorney P.O. Box 49 El Dorado, Kansas 67042 Re: Cities of the Second Class--The Board of Commissioners-- Mayor or Commissioners Holding Other Office Elections--City E…

A consolidation of a nursing home and hospital by converting the nursing home into a long-term care unit of the hospital is an alteration which increases the licensed bed capacity of the hospital. Such a consolidation is prohibited under L. 1985, Ch. 204.

K.S.A. 9-1906, as amended by L. 1985, ch. 59, provides a statutory procedure for the distribution of assets of an insolvent bank or trust company. As a general rule of law, purely procedural statutes which do not affect substantive rights are given retro- spective application. Provided no distributions have been made to creditors, K.S.A. 9-1906 may be applied retrospectively to an existing receivership However, after the distribution process has begun, creditors of the insolvent institution have a vested right in the method of distribution. In such a case, K.S.A. 9L.1906 should be given prospe

RO ATTORNEY GENERALERAL January 2, 1985 t ATITOCounATTORNEY GENERAL OPINION NO. 85- 1 Jahn A. Sparks Assistant COunty Westmoreland Pottawatomie County Courthouse WIstmoreland, Kansas 66549 Re: Automobiles and Other Vehicles -- Serious Traffic Offenses—Driving While Under the Infl…