Kansas AG Opinions — 1991

Neither Kansas statutes nor the common law doctrine of incompatibility of offices prohibits an individual from simultaneously serving as county treasurer and member of the board of education of a unified school district.

Under the procedures utilized by the board of trustees for Johnson county community college for entering into contracts, the signing of the contract is a ministerial function that may be delegated to an administrative official of the community college.

Architectural services sought by a unified school district are exempt from the mandatory bidding requirements of K.S.A. 1990 Supp. 72-6760, as amended by L. 1991, ch. 226, § 10. Cited herein: K.S.A. 1990 Supp. 72-6760, as amended by L. 1991, ch. 226, § 10. *

A county, as a subdivision of state government is subject to limitations imposed by an enabling act. K.S.A. 1990 Supp. 65-6113 limits how a county may reimburse a taxing district that provides ambulance service. Given that home rule cannot be used because the act is uniformly applicable, the reimbursement formula cannot be altered, short of legislative amendment.

K.S.A. 1990 Supp. 45-221(a)(24), as amended, permits discretionary closure of records that are compiled for research purposes and which pertain to identifiable individuals. Research records which pertain to identifiable individuals may include residential addresses and such addresses may therefore be closed pursuant to K.S.A. 1990 Supp. 45-221(a)(24). However, K.S.A. 1990 Supp. 45-221(d) and (e) may nevertheless require disclosure of some of the information obtained by KDHE in the process of researching radon levels in Kansas.

The general laws governing agency apply when determining who is an agent. Marking the "not sure" box of the real estate sales questionnaire will not invalidate the form.

A member of a board of education for a unified school d strict must incur an expense in order to receive payment from the school district. A board member may not receive payment for a non-transferable compensation ticket used by the board member in the performance of official duties.

Provided the activities or services of a rabbi, priest, minister, or clergy person are within the scope of the performance of such individual's regular or specialized ministerial duties, such individual need not be registered by the behavioral sciences regulatory board. The crime victims compensation board may accept as an allowance expense payable by the board a statement for counseling services provided by a rabbi, priest, minister, or clergy person who is not registered with the behavioral sciences regulatory board.

ROBERT T. STEPHAN ATTORNEY GENERAL September 3, 1991 ATTORNEY GENERAL OPINION NO. 91-102 The Honorable Sheila Hochhauser State Representative, Sixty-Seventh District 1636 Leavenworth Manhattan, Kansas 66502 Re: State Institutions and Agencies; Historical Property--State Education…

K.S.A. 66-1,150 authorizes the Kansas corporation commission (KCC) to adopt rules and regulations in conformance with the natural gas pipeline safety act of 1968 (49 U.S.C. 1671 et seq.) Conformance with this act permits the KCC to impose more stringent regulations pursuant to state authority. The regulations promulgated apply to all public gas utilities, including municipalities that are otherwise outside the KCC's jurisdiction.

Levies for county extension council employee benefit plan expenses are exempted from the limitations of K.S.A. 79-5021 et seq., and amounts produced from such levies should not be considered in computing the county's aggregate limitation.

While postage costs might initially be incurred by a county, K.S.A. 1990 Supp. 60-2003(6) and K.S.A. 1990 Supp. 28-110 permit certain service costs to be taxed against and collected from parties or attorneys utilizing a county sheriff to effectuate such service.

ROBERT T. STEPHAN ATTORNEY GENERAL January 10, 1991 ATTORNEY GENERAL OPINION NO. 91- 1 Fred W. Johnson Labette County Counselor 1805 Parsons Plaza P.O. Box 409 Parsons, Kansas 67357 Re: Elections--Recall of Elected Officials--Recall of Local Officers; Petition; Contents; Affidavi…