Kansas Attorney General Opinions

A complaint which alleges a violation of a city traffic ordinance is not effective until filed with the municipal court, and may be served upon the accused person either before or after being filed. K.S.A. 12-4201, 12-4203. If the complaint is filed initially with the court, a notice to appear shall be issued by the city attorney and may be served pursuant to K.S.A. 12-4207 by either personal service on the accused person, by leaving it at the person's residence, or by mailing it to the person's last known address.

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 Attorney General Opinion No. 84-43, which was issued prior to the amendment of K.S.A. 1984 Supp. 8-2110, is hereby withdrawn.

Pursuant to regulations of the Federal Emergency Management Agency (FEMA), cities and counties participating in the Emergency Management Assistance program must be "serviced" by a merit system in employing emergency management personnel. However, such cities and counties need not follow the State of Kansas civil service salary plan in compensating emergency management personnel.

K.S.A. 80-2516 provides that a hospital board governed by its terms may determine and fix an annual tax to be levied for the purpose of operating, equipping, maintaining and improving the hospital. In accord with the law applicable to all taxing subdivisions, the hospital board certifies the levy to the appropriate county clerk who collects the tax in the district and pays the money so collected over to the treasurer of the hospital district.

ROBERT T. STEPHAN AT TORN EY GENERAL June 10, 1985 ATTORNEY GENERAL OPINION NO. 85- 6 3 The Honorable Bob Vancrum State Representative, 29th District 9004 West 104th Street Overland Park, Kansas 66212 Re: Automobiles and Other Vehicles -- General Provisions -- Registration of Veh…

Pursuant to K.S.A. 1985 Supp. 8-128(a), an all-terrain vehicle [as defined by K.S.A. 1984 Supp. 8-126(bb)], may be operated on the public streets of a city of the second class. If operated on such public streets between the hours of 1/2 hour after sunset and 1/2 hour before sunrise, an all-terrain vehicle must be equipped with lights of the type required by law for motorcycles. Additionally, unless it is used for agricultural purposes, such a vehicle must be registered pursuant to K.S.A. 8-127(a). Exclusive use on private property removes the need for lights and for registration.

Under K.S.A. 19-1029 a district coroner may take possession of any property important to the determination of the cause of death in any case in which the law requires the coroner to be notified of the death. This statutory language is sufficiently broad to include records maintained by an ambulance service if such records are important to determining the cause of death.

Pursuant to the provisions of K.S.A. 79-41a04 (as amended by 1985 Senate Bill No. 370), the governing body of a city that has a population of 10,000 or less may transfer any moneys credited to a special alcohol programs fund (established pursuant to L. 1979, ch. 152, §14) to the city general fund.

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.

ROBERT T. STEPHAN ATTORNEY GENERAL May 30, 1985 ATTORNEY GENERAL OPINION NO. 85- 59 Van Smith Hilton Plaza 1135 College Drive Suite #L2 Garden City, Kansas 67846 Re: Waters and Watercourses--Groundwater Management Districts--Definitions; Eligible Voter Synopsis: K.S.A. 82a-1021(e…

ROBERT T. STEPHAN ATTORNEY GENERAL May 30, 1985 ATTORNEY GENERAL OPINION NO. 85- 58 The Honorable Gayle Mollenkamp State Representative, 118th District HC 2, Box 5 Russell Springs, Kansas 66612 Re: Waters and Watercourses--Groundwater Management Districts--Definitions; Eligible V…

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.

If, after expiration of a municipal franchise, a rural water district continues to furnish water to city res- idents and a city accepts such service, an implied contract arises under which the water district may continue to provide service according to the terms of the expired franchise.

Kansas fence laws designate the board of county commissioners of each county as "fence viewers." When acting as fence viewers the board of county commissioners has the authority to declare legally sufficient all constructions which in their judgment are equivalent to sufficient fences as described by statute. The fence viewers possess the authority to deem electric fences legally sufficient if, in their judgment, the fence is equivalent to other legally sufficient fences.

ROBERT T. STEPHAN ATTORNEY GENERAL May 17, 1985 ATTORNEY GENERAL OPINION NO. 85- 53 The Honorable Marvin Smith State Representative, 50th District 123 East 82nd Street Topeka, Kansas 66617 Re: Counties and County Officers -- County Buildings -- Civic Centers in Certain Counties S…

ROBERT T. STEPHAN AT TO RNEY GENERAL May 13, 1985 ATTORNEY GENERAL OPINION NO. 85- 52 Nancy B. Hiebert, Chairman Douglas County Board of Commissioners Courthouse, 11th and Massachusetts Lawrence, Kansas 66044 Re: Counties and County Officers -- General Provisions -- Home Rule; Ac…

A community college may offer courses related to law enforcement which would satisfy the annual training requirement imposed on law enforcement officers by K.S.A. 1984 Supp. 74-5607a(b).

ROBERT T. STEPHAN ATTORNEY GENERAL May 13, 1985 ATTORNEY GENERAL OPINION NO. 85- 50 Michael E. Cleary Harvey County Attorney Harvey County Courthouse P.O. Box 687 Newton, Kansas 67114-0687 Re: Public Health -- Maternity Hospitals or Homes and Homes for Children -- Persons Prohibi…

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 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 8, 1985 ATTORNEY GENERAL OPINION NO. 85- 48 Randall J. Pankratz Adrian & Epp Suite 300, Old Mill Plaza Newton, Kansas 67114 Re: Waters and Watercourses -- Groundwater Management Districts -- Annual Meetings of Eligible Voters; Affidavits of …

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 …

A city may, through the adoption of a valid charter ordinance, exempt itself from that part of K.S.A. 3-113 which requires an election prior to the is- suance of airport improvement bonds.

No fee is authorized and no fee should be charged by a register of deeds when filing a judgment pursuant to K.S.A. 60-2201(b).

K.S.A. 1984 Supp. 41-311 provides that no liquor license of any kind shall be issued to a person who has been convicted of a violation of the intoxicating liquor laws of a state, such as driving under the influence of alcohol or selling liquor to a minor. For the purposes of this statute, a conviction under a city ordinance for offenses involving intoxicating liquor should be considered as a violation of the liquor laws of the state, and so precludes a person from obtaining a license of the types set forth at K.S.A. 1984 Supp. 41-304.

ROBERT T. STEPHAN ATTORNEY GENERAL April 26, 1985 ATTORNEY GENERAL OPINION NO. 85-43 Leland E. Rolfs Counsel Kansas State Board of Agriculture 109 SW 9th Street Topeka, Kansas 66612-1280 Re: Waters and Watercourses -- Collection, Storage and Impounding of Waters -- Construction a…

Pursuant to authority granted by Article 12, Section 5 of the Kansas Constitution, the governing body of a city may pay attorney's fees of a city official who is acquitted of criminal charges, provided the govern- ing body finds that the criminal charges arose from the discharge of an official duty in which the city had an interest, and that the officer acted in good faith.

A county counselor appointed by a board of county commissioners and whose responsibilities require some exercise of the soverign authority of the county is a county officer. As such an officer, the county counselor is a county "employee" as defined in K.S.A. 40-2302(c), and the remuneration he receives for holding the office is "wages" as defined in K.S.A. 40-2302(a).

A retired special member of the Kansas Police and Firemen's Retirement System is not prohibited, under the provisions of K.S.A. 1984 Supp. 12-5005(c), from being appointed to a position in a fire depart- ment, where the person is not specifically designated, appointed, commissioned or styled as a fireman by the city governing body.

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…

The enactment of L. 1984, ch. 96, pertaining to zoning and planning in urban counties does not render non-uniform the statutes pertaining to zoning in all other Kansas counties. Counties may not exempt from or enact substitute provisions for state statutes which are uniformly applicable to all counties. In that K.S.A. 19-2921 is part of an enactment which is uniformly applicable to all counties, it is not subject to county home rule authority pursuant to K.S.A. 1984 Supp. 19-101a.

A board of trustees of a community college lacks authority to contract to provide instruction out- side the state of Kansas.

ROBERT T. STEPHAN ATTORNEY GENERAL April 15, 1985 ATTORNEY GENERAL OPINION NO. 85- 37 John A. Lamb Director Alcoholic Beverage Control Division Department of Revenue 700 Jackson, 2nd Floor Topeka, Kansas 66603 Re: Intoxicating Liquors and Beverages -- Licensing and Regulation of …

ROBERT T. STEPHAN ATTORNEY GENERAL. April 15, 1985 ATTORNEY GENERAL OPINION NO. 85- 36 Frances W. Austin Rooks County Appraiser Rooks County Courthouse Stockton, Kansas 67669 Re: Laws, Journals and Public Information -- Records Open to Public -- Certain Records Not Required to Be…

ROBERT T. STEPHAN ATTORNEY GENERAL April 11, 1985 ATTORNEY GENERAL OPINION NO. 85- 35 Ivan D. Krug Rush County Attorney 711 Main Street LaCrosse, Kansas 67548 Re: Counties and County Officers -- County Buildings -- Acquisition; Leasing Intoxicating Liquors and Beverages -- Certai…

Pursuant to the provisions of K.S.A. 1984 Supp. 21-3914, the Kansas Fish and Game Commission may not provide a list of persons holding hunting permits to a conser- vation organization which would use the list to solicit permit holders to purchase memberships in the organization.

Kansas conservation districts are not authorized under the provisions of K.S.A. 2-1901 et seq. to pay district employees for mileage, lodging or meal expenses incurred while performing duties away from the office. However, pursuant to K.S.A. 2-1907, a supervisor of a district may be reimbursed for such expenses.

Where a municipal utility passes on to its customers a substantial refund received from a supplier, the refund must be distributed to customers on the basis of actual usage during the overcharge period. Additionally, in regard to any service area where the utility is under the jurisdiction of the Kansas Corporation Commission (K.C.C.), refund guidelines of the K.C.C. must be followed.

The common law doctrine of incompatibility of offices precludes one person from simultaneously holding the offices of city council member and county clerk.

A city personnel policy which prohibits a police officer from becoming a candidate for board member of a unified school district within the city is justified by the city's compelling interest in maintaining the integrity of its police department, and is constitutional as applied to prohibit the candidacy of a police captain.

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…

ROBERT T. STEPHAN ATTORNEY GENERAL. March 20, 1985 ATTORNEY GENERAL OPINION NO. 85- 29 Honorable Bill Morris State Senator, Twenty-Seventh District Room 143-N, State Capitol Topeka, Kansas 66612 Re: State Departments; Public Officers, Employees-- Kansas Tort Claims Act--Indemnifi…

ROBERT T. STEPHAN ATTORNEY GENERAL March 11, 1985 ATTORNEY GENERAL OPINION NO. 85- 28 The Honorable Ivan Sand State Representative, Sixty-Sixth District Chairman, House Local Government Committee Room 183-W State Capitol Topeka, Kansas Re: Cities and Municipalities--Buildings, St…

Motor carrier inspectors are police officers or law enforcement officers within the meaning of K.S.A. 1984 Supp. 74-5602(e) if their duties include prevention or detection of crime and the enforcement of criminal or traffic laws. As law enforcement officers, motor carrier inspectors are subject to the training requirements of K.S.A. 1984 Supp. 74-5607a.

The Kansas Code for Care of Children allows an indivi- dual to initiate a petition alleging a child is in need of care, and provides that said individual may retain legal counsel to present the case to a court of competent jurisdiction. The Secretary of SRS or his representative, as an individual, may file such a petition and use the agency legal staff to present the case. Such authority fulfills the federal statutory mandates. The definition of abused and neglected child as set out in the code substantially complies with the parameters of federal law.

ROBERT T. STEPHAN ATTORNEY GENERAL February 26, 1985 ATTORNEY GENERAL OPINION NO. 85- 25 Nanette L. Kemmerly-Weber Allen County Attorney Allen County Courthouse Iola, Kansas 66749 Re: Cities of the Third Class -- Election, Appointment and Removal of Officers -- Qualifications of …

ROBERT T. STEPHAN ATTORNEY GENERAL February 26, 1985 ATTORNEY GENERAL OPINION NO. 85- 24 David E. Retter Concordia City Attorney P.O. Box 676 Concordia, Kansas 66901 Re: Elections -- City Elections -- Filing Deadlines for Candidates; Filling Vacancy Cities, Second Class -- The Bo…

The mortgage registration fee is based upon the amount of the debt or obligation involved in the transaction. It is not based upon the value of the property given to secure the debt or obligation.

ROBERT T. STEPHAN ATTORNEY GENERAL February 21, 1985 ATTORNEY GENERAL OPINION NO.85- 22 Lynn E. Ebel Attorney for the Kansas State Board of Pharmacy 6602 Halsey Street Shawnee, Kansas 66216 Re: Public Health -- Healing Arts -- Restrictions on Prescribing Controlled Substances Pub…

ROBERT T. STEPHAN ATTORNEY GENERAL February 21, 1985 ATTORNEY GENERAL OPINION NO. 85- 21 The Honorable Fletcher Bell Commissioner of Insurance 420 SW 9th Street Topeka, Kansas 66612 Re: Insurance -- Health Care Provider Insurance -- Health Care Provider Insurance Availability Pla…