Kansas Attorney General Opinions

Where there are three simultaneous vacancies on the city council of a third class city, the mayor must appoint an elector to fill the first vacancy with the consent of the two remaining council members. Thereupon, that appointee having taken office, the mayor should proceed to fill the second vacancy, with the consent of a majority of all council members (including the member just appointed), and so on, until all vacancies are filled.

The common law doctrine of incompatibility of offices precludes one person from simultaneously holding the offices of city council member and clerk of the municipal court in a city of the third class having a mayor-council form of government. Cited herein: K.S.A. 12-4108.

Based on existing decisions, the federal courts would construe the Kansas mortgage registration fee to be "a stamp tax or similar tax" within the meaning of 11 U.S.C.A. §1146(c). Consequently, this tax may not be imposed upon a mortgage of real property which is given pursuant to a reorganization plan that has been confirmed under the federal bankruptcy code.

December 13, 1984 ATTORNEY GENERAL OPINION NO. 84- 120 Karen Barefield County Attorney Ottawa County Courthouse Minneapolis, Kansas 67467 Re: Counties and County Officers -- Sheriff -- Qualifications for Office Synopsis: By the terms of K.S.A. 1983 Supp. 19-801b, an indi- vidual …

The removal of a new or used vehicle from a stock of vehicles (held for resale) by a licensed vehicle dealer, and registration of the vehicle in the dealership name, does not constitute a sale at retail under the provisions of K.S.A. 1983 Supp. 79-3602(e). However, where such registration of a vehicle occurs, compensating tax is due pursuant to the provisions of K.S.A. 79-3703, K.A.R. 92-20-3, and K.A.R. 1983 Supp. 92-19-43. Also, in computing said tax, the dealer may not claim credit for a trade-in allowance given by the dealer in the transaction whereby the dealer acquired the vehicle.

Pursuant to K.S.A. 1983 Supp. 22-4501 et seq., theStateBoardofIndigentDefenseServices has the authority to deny authorization of claims for compensation in cases where the attorneys seeking compensation were appointed without regard to the applicable system for providing legal services to indigent defendants as established by the board.

December 11, 1984 ATTORNEY GENERAL OPINION NO. 84- 118 John A. Lamb Director Alcoholic Beverage Control Division Department of Revenue 700 Jackson, 2nd Floor Topeka, Kansas 66625 Re: Intoxicating Liquors and Beverages -- Licensing and Related Provisions -- Persons Ineligible for …

November 27, 1984 ATTORNEY GENERAL OPINION NO. 84- 117 Robert L. Earnest Russell City Attorney P. 0. Box 72 410 North Main Street Russell, Kansas 67665 Re: Bonds and Warrants--Cash-Basis Law--Lease or Installment-Purchase Agreements Synopsis: Under the provisions of K.S.A. 10-111…

A city without a medical treatment facility may, pursuant to home rule powers granted by Article 12, Section 5 of the Kansas Constitution, adopt an ordinance granting public funds to a private, nonprofit corporation for the construction and operation of a medical clinic to serve the city.

November 8, 1984 ATTORNEY GENERAL OPINION NO. 84- 115 Larry K. Vardaman Director, Youth Residence Hall 1900 East Morris Wichita, Kansas 67211 Re: Public Health -- Homes for Children -- Persons Pro- hibited from Employment Therein; Effect of Expunge- ment of Offense Synopsis: K.S.…

A city or county may levy a tax to support a service program for the elderly under the provisions of K.S.A. 12-1680. That statute does not, however, authorize a hospital district to levy such a tax.

October 31, 1984 ATTORNEY GENERAL OPINION NO. 84- 113 Bert Cantwell Superintendent Kansas Highway Patrol 122 SW Seventh Topeka, Kansas 66603 Re: Insurance -- Kansas Automobile Injury Reparations Act - - Motor Vehicle Liability Insurance; Applica- bility to Non-Resident Motorists …

Pursuant to K.S.A. 72-7071(b), any increase in funds obtained by a school district by appeal to the State Board of Tax Appeals must be budgeted and expended exclusively for the purpose for which the increase is authorized. Thereafter, any such amount may not be budgeted or expended for a purpose different than the purpose for which an increase was initially obtained.

October 19, 1984 ATTORNEY GENERAL OPINION NO. 84-111 William A. Taylor III Cowley County Counselor P.O. Box 731 Winfield, Kansas 67156 Re: Counties and County Officers -- Planning and Zoning -- Regulations Governing Subdivision of Lands; Approval of Plats Synopsis: Pursuant to K.…

October 19, 1984 ATTORNEY GENERAL OPINION NO. 84- 110 John R. Wurth Securities Commissioner 503 Kansas Avenue, Suite 212 Topeka, Kansas 66603 Re: Corporations -- Securities -- Registration; Sub- mission of Notice Attorneys at Law -- Attorneys From Other States -- Appearances Befo…

The Federal Deposit Insurance Corporation (FDIC) does not come under the definition of supervised lender [K.S.A. 1983 Supp. 16a-1-301(38)] or supervised financial organization [K.S.A. 1983 Supp. 16a-1-301 (37)] when it acquires supervised loans as the re- sult of a take-over of a state or national bank which it has insured. As a result, it does not need a license issued by the Consumer Credit Commissioner prior to accepting payments on such loans or taking steps to enforce those loans which are in default.

K.S.A. 41-715 prohibits the dispensing, whether through sale or gift, of alcoholic liquor to persons who are incapacited or who are physically or mentally in- capacitated through the consumption of liquor, and makes a violation of the statute a misdemeanor. As a criminal statute, the language of K.S.A. 41-715 must be strictly construed, and cannot be read so as to include the sale of liquor to a person who is not in- toxicated at the time of sale, even if such person is known to have a history of alcohol abuse. Cited herein: K.S.A. 41-715; 59-3002; K.S.A. 1983 Supp. 77-201, Thirty-First; L. 19

An extension of water lines owned and maintained by a water district organized pursuant to K.S.A. 19-3501 et seq. does not constitute a "municipal work or improvement," within the meaning and intent of K.S.A. 12-6a01 et seq.

The authority of the Kansas Department of Economic Development to make grants pursuant to Chapter 276 of the 1984 Session Laws of Kansas (to establish incubator facilities for small business concerns) is subject to the condition that only qualified nonprofit corporations shall be eligible to receive a grant. A city or county is not such a nonprofit corporation, and is not eligible to receive a grant, even under circumstances where the city or county agrees to "pass the funds through" to an eligible nonprofit corporation.

October 11, 1984 ATTORNEY GENERAL OPINION 84- - 106 The Honorable Rex B. Hoy State Representative, 24th District 2801 Johnson Drive Shawnee Mission, Kansas 66205 Re: Laws, Journals and Public Information -- Records Open to Public -- Lists of Names and Addresses; Prohibition Again…

K.S.A. 1983 Supp. 79-1801 and 12-1678a are statutes in pari materia which authorize and require the county clerk to place delinquent utility charges (constituting a lien on real property) upon the tax rolls where a city ordinance provides for certification and collection "in the same manner as taxes levied against property."

Reserve police officers are not law enforcement officers but rather persons who assist law enforcement officers, and therefore fall within the general prohibition against carrying concealed firearms when off duty. K.S.A. 1983 Supp. 21-4201(1)(d). They may carry concealed firearms when on duty or during those hours they are actively engaged in assisting law enforcement officers. Cited herein: K.S.A. 19-805b, 21-3110, K.S.A. 1983 Supp. 21-4201, 74-5602. * *

October 3, 1984 ATTORNEY GENERAL OPINION NO. 84- 103 John J. Gillett Wilson County Attorney Wilson County Courthouse, Room 201 Fredonia, Kansas 66736 Re: State Departments; Public Officers, Employees -- Kan- sas Open Meetings Act -- Joint Meetings Between Gov- erning Bodies Subje…

Article 11, Section 9 of the Kansas Constitution pro- hibits the state from being a "party" in carrying on works of "internal improvement," apart from four specific exceptions. One of these exceptions permits the state to be a party in - flood control works and works for the "conservation or development of water resources," with no limit on the amount of general obligation bonds which may be issued and no prohibition on the use of property tax revenues. Revenue bonds are not covered by the language of Article 11, Section 9, and may be issued regardless of any limits contained therein, in that

October 1, 1984 ATTORNEY GENERAL OPINION NO. 84- 101 Joseph W. Snell Executive Director Kansas State Historical Society 120 West Tenth Street Topeka, Kansas 66612 Re: Public Health -- Uniform Vital Statistics Act -- Disclosure of Records Synopsis: State and local authorities may …

September 21, 1984 ATTORNEY GENERAL OPINION NO. 84- 100 The Honorable Leroy A. Hayden State Senator P.O. Box 458 Satanta, Kansas 67870 Re: Elections -- Sufficiency of Petitions -- County-Wide Initiative; No Basis In Constitution or Statutes -c—nopsis: Before a petition requesting…

The Kansas Open Meetings Act is applicable to meet- ings of the Board of Trustees of the Economic Opportun- ity Foundation, Inc., and such meetings must be open to the public.

A municipality, through the exercise of constitu- tional home, rule powers, may grant to the munici- pal court the power to impose contempt sanctions against persons who fail to obey the subpoenas of a municipal administrative agency.

Any election which was otherwise conducted in ac- cordance with the provisions of subsection (e) of K.S.A. 12-1,101, as amended by section 1(e) of 1983 House Bill No. 2023, but which was held on April 5, 1983, was declared valid by the leg- islature in that subsection of law. As the election in Dover Township, Shawnee County, on the prop- osition set-forth in K.S.A. 12-1,101(e), as amended, is conceded to have been conducted in accordance with the provisions of that subsection of law, said election is valid pursuant to legislative declaration.

A county commissioner is not precluded from hold- ing office because his spouse owns the official county newspaper. However, the commissioner must file the required statement disclosing his finan- cial interest in the newspaper pursuant to K.S.A. 75-4301 et seq., and may not make or participate in the making of contracts with such newspaper.

June 29, 1983 ATTORNEY GENERAL OPINION NO. 83- 97 The Honorable Harold P. Dyck State Representative Ninety-Ninth District P. 0. Box 597 Hesston, Kansas 67062 Re: Corporations -- Savings and Loan Code -- Associa- tions Subject to Code; Savings Banks Synopsis: The Garn-St. Germain …

State appropriations to the Agricultural Hall of Fame are not violative of Article 11, Section 9 of the Kansas Constitution.

K.S.A. 75-4202 requires that a bank having a state bank account must service such account without charge to the state or any of its agencies for the disbursement of moneys from such account pur- suant to warrant, draft or check. This provision does not compel such bank to cash without charge to the person presenting it to the bank for pay- ment a warrant, draft or check drawn by the state or any of its agencies upon the state treasury.

Neither a sheriff, nor a board of county commissoners, may, as a precondition to receiving prisoners committed to a county jail by a city, require that the city covenant to hold the county and sheriff harmless, and to indemnify the county and sheriff for any civil liability arising out of the committment of city prisoners to the county jail.

June 13, 1983 ATTORNEY GENERAL OPINION NO. 83- 92 L. 0. Bengtson Attorney at Law 114 East Iron Avenue Salina, Kansas 67401 Re: Irrigation -- Districts -- Board of Directors; Filling of Vacancies Synopsis: Pursuant to K.S.A. 42-706(a), a board member of an irrigation district shal…

The United States Congress has the constitutional power to establish and control legal currency and specifically has determined that Federal reserve notes are legal tender for all debts, public charges, taxes and dues.

Pursuant to the provisions of K.S.A. 55-211a, a city may enter into an agreement for the cooperative devel- opment of oil and gas rights, provided that such an agreement serves a public purpose.

The common law doctrine of incompatibility of offices precludes one person from simultaneously holding the offices of member of the Board of Trustees of Kansas City, Kansas Community College and city councilman for the city of Kansas City, Kansas.

June 13, 1983 ATTORNEY GENERAL OPINION NO. 83 - 89 The Honorable Steven A. Ediger Representative, One Hundred-Fourth District 716 East 14th Street Terrace Hutchinson, Kansas 67501 Re: Counties and County Officers -- Planning and Zoning -- Subdivision of Land; Reasonableness of Re…

June 13, 1983 ATTORNEY GENERAL OPINION NO. 83- 88 Merle R. Bolton Commissioner of Education State Department of Education 120 East 10th Street Topeka, Kansas 66612 Re: Cities and Municipalities -- Investment of Public Monies -- Active Versus Idle Funds; Deposits in Interest-Beari…

A Kansas law enforcement officer may arrest without a warrant a person in Missouri for a crime committed in Kansas when the officer is in fresh pursuit of a fleeing felon, or when a felony is or has been committed in Missouri.

K.S.A. 14-201 requires the city council of a city of the second class, to consent to mayorial appoint- ments for city officials including police officers. Absent confirmation by the council, the appointee does not become a public officer of the city.

The construction of a church within 200 feet of a class A private club has no effect upon the issuance of an annual license to the club.

As provided by K.S.A. 9-1902, the State Bank Com- missioner may deem a bank to be insolvent when, among other things, the actual cash market value of the bank's assets is insufficient to pay the liabilities of its creditors. For the purposes of this statute, the term "assets" refers to the bank's capital account, bond and securities ac- counts, and other liquid items, but does not in- clude furniture, equipment, buildings or real estate.

K.S.A. 8-237 permits the holder of a restricted drivers license between the age of 14 and 16 to operate a motor vehicle on days while school is in session over the most direct and accessible route between the licensee's residence and school of enrollment for the purpose of school attendance. The term "school attendance" has a narrower meaning than "school activities;" therefore, the holder of a restricted license is not permitted by this statute to operate a motor vehicle for transportation to mere school activities.

May 24, 1983 ATTORNEY GENERAL OPINION NO. 83- 82 Loren H. Houk Attorney at Law 216 West Main Valley Center, Kansas 67147 Re: Counties and County Officers -- Fire Protection -- Creation of County Fire District; Effect on Existing Contracts of Townships and Cities Synopsis: Pursuan…

Pursuant to K.S.A. 72-5440(b), members of a due process hearing committee selected in accordance with K.S.A. 72-5438 are entitled to be paid only subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223. Such committee members are not entitled to receive compensation.

1983 amendments to K.S.A. 1982 Supp. 19-101a(a) permit a county to exempt itself from a nonuniform tax levy statute and provide substitute and additional provisions therefor, so long as the county's charter resolution specifies that a portion of the proceeds of any property tax levied by the county will be used to pay the principal of, and interest upon, bonds issued by a city under the authority of K.S.A. 12-1774, and amendments thereto. This amendment supersedes the conclusion reached in Attorney General Opinion No. 82-87.

January 21, 1983 ATTORNEY GENERAL OPINION NO. 83- 8 Charles V. Hamm General Counsel Legal Division Department of Social and Rehabilitation Services State Office Building Topeka, Kansas 66612 Re: Automobiles and Other Vehicles--Serious Traffic Offenses--Driving While Under Influen…

May 19, 1983 ATTORNEY GENERAL OPINION NO. 83- 79 Mr. Howard Schwartz Judicial Administrator Kansas Judicial Center Topeka, Kansas 66612 Re: Cities and Muncjpalities--Code for Municipal Courts; General Provisions--Municipal Court; Jurisdiction Synopsis: No provision of the Code of…