Kansas AG Opinions, 1987

The Kansas Conservation Commission is an agency of the state. Even though district supervisors and district employees perform functions locally, they act as members of a collective effort to conserve state resources. Therefore, they are to be considered state employees for purposes of the Kansas tort claims act. Our opinion in this matter is to be narrowly construed, as many units of government perform what are essentially parts of an overall state function. However, other such organizations are more easily analyzed by traditional tests.

ROBERT T. STEPHAN ATTORNEY GENERAL February 18, 1987 ATTORNEY GENERAL OPINION NO. 87-30 Mr. Philip H. Alexander City Attorney P. 0. Box 1567 Hutchinson, Kansas 67504-1567 Mr. Joe O'Sullivan Reno County Counselor P.O. Box 1567 Hutchinson, Kansas 67504-1567 Re: Taxation--Miscellane…

K.S.A. 29-301 requires adjacent landowners to share the costs of erecting and maintaining partition fences. Kansas' adoption of a "fence-in" policy with respect to domestic animal trespass does not negate this duty, notwithstanding the use each landowner makes of his land.

ROBERT T. STEPHAN ATTORNEY GENERAL February 9, 1987 ATTORNEY GENERAL OPINION NO. 87- 26 John Lamb, Director Division of Alcoholic Beverage Control Kansas Department of Revenue 700 Jackson, 2nd Floor Topeka, Kansas 66612 Re: Intoxicating Liquors and Beverages--Miscellaneous Provis…

ROBERT T. STEPHAN ATTORNEY GENERAL. February 9, 1987 ATTORNEY GENERAL OPINION NO. 87- 25 Carla J. Stovall Crawford County Attorney P.O. Box 1931 Pittsburg, Kansas 66762 Re: Laws, Journals and Public Information -- Records Open to Public -- Law Enforcement Records; Jail Book, Stan…

The statutes concerning licensure of psychologists do not require all persons engaged in the practice of psychology to be licensed. K.S.A. 1986 Supp. 74-5344. The Treatment Act for Mentally Ill Persons, however, specifically defines the term "psychologist" to mean licensed psychologist. K.S.A. 1986 Supp. 59-2902(1). Therefore, persons engaged in the practice of psychology who are not licensed can not be considered as "psychologists" under the provisions of K.S.A. 59-2901 et seq.

ROBERT T. STEPHAN ATTORNEY GENERAL February 6, 1987 ATTORNEY GENERAL OPINION NO. 87- 23 Ronald Harper Acting Secretary Kansas Department of Aging 610 West 10th Topeka, Kansas 66612-1616 Re: Courts -- Rules of Supreme Court -- Code of Professional Responsibility Synopsis: Since it…

Valid liens which are not otherwise avoidable survive a discharge in bankruptcy and may be executed as provided by law after the proceedings in bankruptcy have come to an end. Judgments which are not liens upon property of the estate may not be enforced against the debtor subsequent to a discharge in bankruptcy. Penalties and interest owed on delinquent taxes are to be treated in the same manner as the tax itself, unless punitive in nature.

ROBERT T. STEPHAN ATTORNEY GEN ER AL February 5, 1987 ATTORNEY GENERAL OPINION NO. 87- 20 John J. Gillett Wilson County Attorney Wilson County Courthouse, Room 201 P.O. Box 556 Fredonia, Kansas 66736 Re: Taxation--Property Valuation, Equalizing Assessments, Appraisers and Assessm…

Rural water districts are entities created by statute and are subdivisions' of the state. They have authority only as conferred by the legislature. In the absence of a grant of power to do so, a rural water district may not delete the word "rural" from its name.

K.S.A. 34-229 was amended by 1986 Senate Bill No. 518 to make grain warehouse bonds non- accumulative. Thus, Kansas has joined the majority of the states and the federal government in disallowing the "stacking" of bonds. Cited herein: K.S.A. 34-229; L. 1986, ch. 153, §1.

Under the procedure prescribed in subsection (b)(5) of K.S.A. 12-1440, an action in district court is necessary in order to vest title to abandoned cemetery lots in the governing body of the cemetery.

The constitutional provisions allowing for a state owned and operated lottery would allow the state to enter into an agreement to provide a multi-state lottery.

Statutory provisions regulating high school activities associations do not prohibit boards of education of unified school districts from paying membership dues to the Kansas Eight-Man Football Association.

ROBERT T. STEPHAN ATTORNEY GEN ER AL January 22, 1987 ATTORNEY GENERAL OPINION NO. 87- 14 Ed E. Ritchie Shawnee County Sheriff 200 East 7th Topeka, Kansas 66603 Re: Counties and County Officers -- Sheriff -- Line Item Restriction of Sheriff's Budget Synopsis: K.S.A. 1986 Supp. 19…

District attorneys and their agents are state employees for purposes of the Kansas Tort Claims Act.

A person operating a PCB facility which is in operation or which is under construction on or before May 8, 1986 does not need a permit to modify the facility after May 8, 1986. K.S.A. 1986 Supp. 65-3480 et seq. does not apply to these facilities.

ROBERT T. STEPHAN ATTORNEY GENERAL January 20, 1987 ATTORNEY GENERAL OPINION NO. 87- 11 The Honorable Fletcher Bell Commissioner of Insurance Insurance Department 420 SW 9th Street Topeka, Kansas 66612 Re: Insurance -- General Provisions Relative to Casualty, Surety and Fidelity …

While a city may not condition the grant of a building permit to a school upon compliance with its building codes, it may require a school district to obtain a building permit and to comply with city inspection requirements. The permit and inspection requirements may be imposed only to enforce compliance with building codes prescribed by K.S.A. 31-150.

ROBERT T. STEPHAN ATTORNEY GENERAL January 16, 1987 ATTORNEY GENERAL OPINION NO. 87- 8 The Honorable Phil Martin State Senator, Thirteenth District Room 564-N, State Capitol Topeka, Kansas 66612 Re: Constitution of the State of Kansas--Constitutional Amendment and Revision--Propo…

ROBERT T. STEPHAN ATTORNEY GENERAL January 16, 1987 ATTORNEY GENERAL OPINION NO 87- 7 The Honorable Bill Graves Secretary of State Capitol, 2nd Floor Topeka, Kansas 66612 Re: Elections -- Independent and Other Nomination Certificates; Terms of Office; Filling Vacancies -- Collect…

The "personnel matters" exception to the open meetings law, K.S.A. 75-4319(b)(1), pertains to employees of public agencies. Persons appointed to public boards and committees are not employees, they are public officers. Therefore, discussions concerning the qualifications of candidates for such appointed positions cannot take place in an executive session but must be held in an open meeting.

A clerk selling an adult magazine can be held liable for promoting obscenity if the inclusion of an advertisement for obscene materials or devices makes the whole magazine obscene. Cited Herein: K.S.A. 1986 Supp. 21-4301. * Dear Mr. Chambers: As County Attorney for Reno County, you request our opinion concerning the advertisement of obscene materials or devices. Specifically you ask whether a clerk in a retail store can be held criminally liable for selling a magazine which contains an advertisement for obscene materials or devices.

Unde the provisions of K.S.A. 1986 Supp. 79-213, the Board of Tax Appeals is authorized to examine the legal and factual basis of an economic development tax exemption granted pursuant to Article 11, Section 13 of the Kansas Constitution. However, the Board has no authority to review the advisability of granting a proposed exemption, as that policy decision has been delegated to the governing body of the city or county by Article 11, Section 13 of the Kansas Constitution. Cited herein: K.S.A. 1986 Supp. 79-213; Kan. Const., Art. 11, §13. *

ROBERT T. STEPHAN ATTORNEY GENERAL January 13, 1987 ATTORNEY GENERAL OPINION NO. 87- 4 Gene Porter Barton County Attorney Barton County Courthouse P.O. Box 881 Great Bend, Kansas 67530 Re: Laws, Journals and Public Information -- Records Open to Public -- Records; Fees Synopsis: …

ROBERT T. STEPHAN ATTORNEY GENERAL January 9, 1987 ATTORNEY GENERAL OPINION NO. 87- 3 Judith K. Stringer Consumer Credit Commissioner 217 S.E. 4th Street, 4th Floor Topeka, Kansas 66603-3501 Re: Consumer Credit Code--Insurance; Insurance in General; Consumer Credit Insurance; Pro…

Cereal malt beverage (CMB) licenses must state - the place of business at which the beverages are to be sold. Delivery and retail sale of CMB to persons at their individual residences does not comply with the requirements of the licensing statutes.

ROBERT T. STEPHANOPINION NO.87 ATTORNEY GENERAL March 19, 1987 ATTORNEY GENERAL OPIN 87- 50 Bill Graves Kansas 66612-1594etaryUniform Commercialte 2nd FUniform Com ercialtate Capitol Topeka, Kan 4 Re: Unifo al Code -- Secured Transactions; Sales Accesstractofof Accounts, Contract…

ROBERT T. STEPHAN ATTORNEY GENERAL February 18 , 1987 ATTORNEY GENERAL OPINION NO. 87- 29 Jim Pringle Sumner County Attorney Sumner County Courthouse Wellington, Kansas 67152-0497 Re: Automobiles and Other Vehicles--Uniform Act Regulating Traffic; Rules of the Road; Serious Traff…

As a condition precedent to receipt of a motor vehicle registration, K.S.A. 1986 Supp. 8-173 requires payment of all personal property taxes levied against the registrant for the preceding year. The statute does not on its face or in its application create any classification which could give rise to an equal protection challenge under the Fourteenth Amendment. Accordingly, K.S.A. 1986 Supp. 8-173 is valid under the Fourteenth Amendment to the constitution of the United States.

Kansas law allows for and encourages agreements between the townships and counties for maintenance of the roads. If, however, no agreement can be reached, the county can take over maintenance in the event the township neglects proper care. Cited herein: K.S.A. 68-124, K.S.A. 1986 Supp. 68-506, K.S.A. 68-516a; K.S.A. 1986 Supp. 68-560; K.S.A. 68-561; 68-572; 68-591.

TheJustices and Judges; Certain Limitation SynousedThe term "salaried officer of the state," as used• - inArticle3,Section13oftheKansas Constitution, refers to any person holding a salaried state office. Common law criteria set out in Durflinger v. Artiles, 234 Kan. 502 (1983) must be applied to determine whether a person holding a specific state position is a state officer. Cit K.S.A. 25-2505, 75-4301; L. 1972, ch. 390 and Deartorator392,Kan. Const., Art. 1, S15; Kan. Const., Art. 3, §13.

K.S.A. 10-1101 et.seq., the cash-basis law, does not apply to county hospital boards when managing and controlling hospital funds. However, should the hospital enter into an agreement creating a potential indebtedness of the county, the cash-basis law would apply. Kearney County Hospital may enter into an agreement with Kearney County Bank whereby the bank purchases the accounts owed to the hospital and the hospital guarantees payment of that account if such an agreement in no way creates a potential liability against the county.

The primary responsibility for transporting a prisoner to court in a civil case under a writ of ad testificandum lies with the custodian. In the absence of statutory or judicial direction, there is no authority to cause third parties who are neither custodians nor parties to the litigation to bear the costs of transporting a prisoner.

The sale or transfer of watershed district property to a governmental entity for recreational purposes is permissible under relevant watershed district statutes, K.S.A. 24-1209 Third and 24-1201a. No specific procedures exist for the sale of watershed district property. Accordingly, Cross Creek Watershed Joint District No. 42 may transfer or sell real estate to a governmental entity at little or no cost, provided general requirements concerning any sale of municipally-owned property are observed.