Kansas AG Opinions — 1986

For purposes of a property owner's duty to remove traffic hazards from private property, growing crops are included in the terms "any tree, plant, shrub or other obstruction."

Session of 1984 Senate Bill 695 is constitutional. A teacher may voluntarily and knowingly waive his due process rights pursuant to K.S.A. 72-5438 through K.S.A. 72-5443 and K.S.A. 72-5446 by entering into an agreement with the board of education to participate in a supplemental salary plan.

ROBERT T. STEPHAN ATTORNEY GENERAL August 22, 1986 ATTORNEY GENERAL OPINION NO. 86- 119 The Honorable Edward F. Reilly, Jr. State Senator, Third District 430 Delaware, Box 9 Leavenworth, Kansas 66048 Re: Taxation--Property Exempt from Taxation--Church Parsonages; Application for …

ROBERT T. STEPHAN ATTORNEY GENERAL August 18, 1986 ATTORNEY GENERAL OPINION NO. 86- 118 Charlotte Hargis Acting Governing Board Chairman Johnson County Mental Health Center 6000 Lamar Avenue, Suite 130 Mission, Kansas 66202 Re: Counties and County Officers -- Mental Health Center…

When acquiring easements by donation from landowners, the board of directors may employ the services of an attorney or attorneys to perform duties relevant to the drafting of the easements. However, the district may not expend public monies to reimburse a landowner for reasonable costs associated in defending claimed deductions for donated easements.

When a county and city are both participating members in a regional system of cooperating libraries, the county may enter into a contract with the city to provide funding for the city library. However, such contract is independent of the provisions for assuring access to the city library for county residents, and the city may not require such county funding in order to assure library access for county residents. A county mill levy does not affect the regional system tax unless such levy is equal to or greater than the regional system tax.

Discounts for cash purchases offered by oil companies are not proscribed by L. 1986, ch. 90, §2 when such discounts are offered to all prospective buyers, the availability of the discount is clearly and conspicuously disclosed and the discount is subtracted from the regular price.

ROBERT T. STEPHAN ATTORNEY GENERAL August 7, 1986 ATTORNEY GENERAL OPINION NO. 86- 114 John A. Lamb, Director Alcoholic Beverage Control Division Kansas Department of Revenue 700 Jackson Street Topeka, Kansas 66612 Re: Intoxicating Liquors and Beverages -- Miscellaneous Provision…

National Direct Student Loans which are administered by state universities are subject to the provisions of the Kansas Uniform Consumer Credit Code which prohibit the assessment of attorney's fees and other collection costs to the borrower upon default.

ROBERT T. STEPHAN August 7, 1986 ATTORNEY GENERAL ATTORNEY GENERAL OPINION NO. 86- 112 Norman E. Gaar Gaar & Bell 14 Corporate Woods, Suite 640 8717 West 110th Street Overland Park, Kansas 66210 Re: Bonds and Warrants--Refunding Bonds--Conditions and Limitations; Refinancing Cons…

An auctioneer employed by a sheriff to conduct a tax foreclosure sale is not subject to the provisions of the Kansas Real Estate-Brokers' and Salespersons' License Act, K.S.A. 58-3034 et seq. Such auctioneers are exempt as employees of a political subdivision.

ROBERT T. STEPHAN ATTORNEY GENERAL July 24, 1986 ATTORNEY GENERAL OPINION NO. 86- 110 Dennis W. Moore District Attorney Johnson County Courthouse P.O. Box 728, 6th Floor Tower Olathe, Kansas 66061 Re: State Departments; Public Officers and Employees -- Public Officers and Employe…

No conflict exists between Kansas and federal statutes regarding the distribution of money obtained from forfeiture of property in cases involving controlled substances. The state forfeiture statute is not applicable to cases brought in federal court; rather, the federal provisions apply.

Members and employees of the Continuing Legal Education Commission are covered by the provisions of the Kansas Tort Claims Act, including complete immunity for the functions set out at K.S.A. 75-6104, and are entitled to a legal defense in the event they are sued for acts or omissions in the scope of their employment.

When a township transfers all equipment and road funds on hand to the board of county commissioners, pursuant to the adoption of the General County Rural Highway System Act, K.S.A. 68-591 et seq., the county becomes liable for roads which were previously township roads, and the township's liability terminates for incidents occurring after the transition.

The burden of proof in a small claims court proceeding is the same burden of proof in similar civil proceedings. The trial of all small claims shall be before the court, unless the judgment is appealed. The trial of an appeal is heard de novo and may be before a court or jury. Cited herein: 1986 House Bill No. 2849; K.S.A. 1985 Supp. 21-3707; K.S.A. 61-1716; 61-2701 et seq.; 61-2702; K.S.A. 1985 Supp. 61-2707; K.S.A. 61-2709.

Hazing, as defined in 1986 Senate Bill No. 777, is prohibited in all social and fraternal organizations, including the Shrine and the Elks Lodge.

K.S.A. 12-1244 authorizes a library district board of directors to call an election for the purpose of building, erecting and equipping a library building and procuring a site therefor. The district may issue bonds to fund the building, equipment and site if the issuance is approved by district electors. In our opinion, K.S.A. 12-1244 includes authority for the district board of directors to call an election for the purpose of issuing bonds to acquire an existing building to be used as a library.

The Kansas budget law provides in part that any indebtedness incurred by a governing body or any other officer or officers of such taxing subdivision or municipality in excess of the amount budgeted shall be void as against such taxing subdivision or municipality. In our opinion the term void in this context means null or of no effect. Prosecutorial discretion may be used in determining whether such a penalty should be sought in view of the purposes to be accomplished by the budget law.

The joint water district is separate and distinct from other categories of water districts. As a municipality, yearly auditing of the board's accounts is required. Bonding of the board is not prescribed by statute. While liability insurance is not required, its purchase is optional. Cited herein: K.S.A. 40-3101; K.S.A. 1985 Supp. 40-3106; K.S.A. 75-1117; 75-1122; 75-6101; 75-6111; 80-1616; 80-1617; 80-1618, as enacted by L. 1984, ch. 108; 82a-617; 82a-621.

A contest which requires a person to purchase a newspaper to obtain entry forms to participate constitutes a lottery and is illegal in Kansas.

It is the public policy of this state that public records must be open for inspection by any person unless otherwise provided by law. In that the exceptions listed in the KORA are not applicable to the information in question and disclosure of the information is not prohibited by statute, we must conclude that the financial information contained in reports submitted by an adult care home to SRS is subject to disclosure under the Kansas Open Records Act.

ROBERT T. STEPHAN July 15, 1986 ATTORNEY GENERAL ATTORNEY GENERAL OPINION NO. 86- 100 The Honorable Jack H. Brier Secretary of State Capitol Building, 2nd Floor Topeka, Kansas 66612 Re: Elections. -- Conduct of Elections -- Procedure for Filling Vacancy in Office of Judge of the …

A county agricultural or fair association is organized in accordance with K.S.A. 2-125 et seq., and recognized by the State Board of Agriculture pursuant to K.S.A. 2-127. Since the Shawnee County 4-H Fair and the Auburn Grange Fair do not meet these requirements, these organizations do not qualify as "any county agricultural or fair association" within the provisions of K.S.A. 2-301. For these reasons, Shawnee County may not levy a tax pursuant to K.S.A. 2-301 to provide funds for the Shawnee County 4-H Fair or the Auburn Grange Fair.

The Kansas Open Records Act, K.S.A. 1984 Supp. 45-215 et seq., does not require that a city employee disclose names and addresses derived from city records to a person who the employee knows intends to use such names and addresses for a commercial purpose. Such disclosure is specifically prohibited by K.S.A. 1984 Supp. 21-3914. Any person who receives a list of such names and addresses for the purpose of selling or offering to sell any property or service to listed persons may be found guilty of a misdemeanor.