Kansas Attorney General Opinions

K.S.A. 82a-1316 provides that any contract for the withdrawal of water held in conservation storage by the state may be amended by written agreement of the parties, provided that such amendment does not affect the rate per unit of water or the mini- mum charge payable each year. Provisions specify- ing the point of withdrawal of water, however, may be amended so as to change the reservoir named in the contract. Such an amendment must, in order to have effect, be transmitted to and approved by the legislature in the same manner as water purchase contracts.

February 28, 1983 ATTORNEY GENERAL OPINION NO. 83- 24 James R. Cobler Director of Accounts and Reports First Floor, State Office Building Topeka, Kansas 66612 Re: Taxation -- Local Ad Valorem Tax Reduction Fund -- Distribution to Political Subdivisions Synopsis: In order for a po…

A "good, safe crossing," as applied to a culvert connecting farm land to a public road under K.S.A. 68-543, means a crossing which will accommodate farm implements and vehicles reasonably used and required by the landowner.

K.S.A. 1982 Supp. 58-2506 provides for the termina- tion of farm tenancies, with the general rule being that notice of termination must be provided at least 30 days prior to March 1, at which time the tenancy is terminated. While two exceptions to this rule are provided, they deal only with fall- seeded grain crops. Accordingly, if a notice is given after the deadline and a spring-seeded grain crop is put in, the exceptions do not apply and the lease continues until March 1 of the succeed- ing year.

February 25, 1983 ATTORNEY GENERAL OPINION NO. 83- 21 Joseph F. Harkins, Director Kansas Water Office 503 Kansas Avenue, Suite 303 Topeka, Kansas 66603 Re: Waters and Watercourses -- State Water Plan -- Agreement with Federal Government for Water Storage; Payment Dependent on App…

February 18, 1983 ATTORNEY GENERAL OPINION NO. 83 - 2n Gordon K. Lowry 317 Broadway P. 0. Box 82 Valley Falls, Kansas 66088 Re: Drainage and Levees -- Watershed Districts -- Financing Proposed Projects; Special Assessments Synopsis: The board of directors of a watershed district …

A county may enter into an interlocal agreement with a city and school district to provide for the construction, operation and maintenance of a public building. K.S.A. 19-15,116 prescribes the sources from which the county can derive moneys with which to pay its share of the costs of such an undertaking. Finally, if the county chooses to issue general obligation bonds in regard to this project, a vote of the county electors may or may not be required, depending upon whether the cost to the county would exceed $100,000.

The production of dogs and cats, through breeding and raising the same, does not constitute an "agricultural use" which exempts sales of natural gas, electricity, heat and water to be consumed for such use from the Kansas retailers' sales tax.

The clerk of the court may properly be the signatory on an arrest warrant only (a) when the warrant is based upon an indictment returned by a grand jury pursuant to K.S.A. 22-3011, or (b) in a misdemeanor case when the prosecution is commenced by the filing of an information, which is verified positively or accompanied by affidavits setting forth the facts of the crime, and a judge has expressly made the requisite findings of probable cause. A bench warrant for failure to appear must be signed by a magistrate in accordance with K.S.A. 22-2304. Cited herein: K.S.A. 22-2301, 22-2302, 22-2303, 22

The filing deadline for all city elections (in the absence of a charter ordinance providing otherwise) is 12:00 o'clock noon of the Tuesday preceding by 10 weeks the first Tuesday in April. Said deadline is mandatory, and the only recourse for a candidate, who was prevented from filing for a city office because of the failure of the city clerk to keep his or her office open until 12:00 o'clock noon on the prescribed date, is to seek relief from a court of law. Cited herein: K.S.A. 25-2109, as amended by L. 1982, ch. 157, 56. *

A person practicing social work in a Veterans Administration hospital does not have to be licensed by the State of Kansas, absent such a requirement being imposed by the hospital administrator.

The governing body of a county, city or township, which has chosen to impose the local gross earnings tax without a vote of the electorate, may determine subsequently that the tax should not be imposed and, without a vote of the electorate, may repeal the tax. Under such circumstances, the governing body must act, before November 1 of the year for which the tax is imposed, to eliminate the tax. Any attempt to act after this date comes too late.

February 1, 1983 ATTORNEY GENERAL OPINION NO. 83 - 13 The Honorable Charlie L. Angell Vice-President of the Senate Senate Chamber, State Capitol Topeka, Kansas 66612 Re: Waters and Watercourses -- Water Plan Storage -- Contracts for Withdrawal and Use of Water Held by State; Adju…

The maximum tax levy which a city of the third class may be compelled to certify, in any one year, to satisfy a judgment entered against it, is limited to an amount which a court determines to be reasonable and not oppressive.

January 31, 1983 ATTORNEY GENERAL OPINION NO. 83 - 11 John E. Bremer Decatur County Attorney Box 50 126 South Penn Oberlin, Kansas 67749 Re: Counties and County Officers -- Hospitals -- Simul- taneous Holding of Another Office by Trustee Counties and County Officers -- County Com…

In the absence of a constitutional or statutory provision to the contrary, a person has the right to seek nomination to or become a candidate for more than one city office to be filled in the same election.

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.

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…

January 19, 1983 ATTORNEY GENERAL OPINION NO. 83- 7 The Honorable John Carlin Governor of Kansas 2nd Floor, State Capitol Topeka, Kansas 66612 Re: State Departments; Public Officers, Employees -- Department of Corrections -- Qualifications of Secretary of Corrections Synopsis: K.…

The Kansas Open Meetings Act is uniformly appli- cable to all cities and may not be circumvented by a charter ordinance. However, the quorum re- quirements of K.S.A. 13-1810 are provisions of an enactment of the legislature which is not uniformly applicable and may be changed by charter ordinance. Such charter ordinance will be subject to the "protest" style election authorized by Article 12, Section 5(c)(3) of the Kansas Constitution. "Majority," as the term is used in K.S.A. 13-1810, means the number one greater than half the number of members of the governing body and may not be changed by

As introduced, 1983 Senate Bill No. 7 would amend K.S.A. 84-9-407, relating to the release of infor- mation concerning financing statements on file, so as to grant immunity to public officials from damages resulting from their negligence in releasing such information. Such a grant of immunity is permissible under the Kansas and United States Constitutions, and would act as an amendment by implication to the Kansas Tort Claims Act, K.S.A. 1981 Supp. 75-6101 et seq.

The establishment of and expenditure of moneys for salaries of county commissioners are statutorily within the exclusive province of a board of county commis- sioners and there is no expressed or implied statutory authority permitting such salaries to be fixed pur- suant to an initiative or referendum process.

January 14, 1983 ATTORNEY GENERAL OPINION NO. 83- 3 William D. Rustin County Counselor Sedgwick County Courthouse Suite 315 Wichita, Kansas 67203-3790 Re: Insurance--Fireman's Relief Fund--Penalties for Non-Payment; Ability of Fire District to Pay Counsel Synopsis: K.S.A. 40-1703…

January 14, 1983 ATTORNEY GENERAL OPINION NO. 83- 2 The Honorable Marvin E. Smith State Representative, Fiftieth District 123 N.E. 82nd Topeka, Kansas 66617 Re: Civil Procedure -- Liens for Labor and Material -- Liens on Residential Property; Limitations Synopsis: K.S.A. 1981 Sup…

January 7, 1983 ATTORNEY GENERAL OPINION NO. 83 - 1 The Honorable Ardena Matlack State Representative, Ninety-Third District 615 Elaine Avenue Clearwater, Kansas 67026 Re: Waters and Watercourses -- Groundwater Management Districts -- Records of Meetings; Effect of Official Publi…

Pursuant to K.S.A. 17-1311, a cemetery corporation is required to deposit a portion (15%) of the pur- chase price of each burial lot in a trust fund, income from which is to be used solely for the permanent maintenance of the cemetery. "Mainten- ance" includes those expenditures which relate to the physical upkeep of the cemetery grounds, a fact made explicit by the legislature in an amend- ment to the statute in 1978. However, a deter- mination whether a specific item of expenditure is maintenance-related is a question of fact which may only be determined by a court.

A county hospital board of trustees may not use unrestricted gifts, bequests, devises or deeds for medical student loans or scholarships. How- ever, the board of county commissioners may ex- ercise its home rule powers to authorize the use of unrestricted donations to the hospital for the purpose of making medical student loans or scholarships.

The administrator of a district hospital subject to the requirements of K.S.A. 80-2188 may not sign warrants or combination warrant checks. The sig- nature of both the chairman and secretary of the board is required.

The phrase "blighted area of open land," as used in K.S.A. 17-4747(d), refers to a land area which is substantially in excess of that which is contained in a vacant lot or lots in an urban area. Cited herein: K.S.A. 17-4742, 17-4743, 17-4747, 17-4760.

K.S.A. 68-530 provides for the employment of a road overseer by a township board. In townships with a population of 500 or less, the township trustee may be so appointed, if there is a unani- mous vote of the board. Further, any of the town- ship board members in such a township may perform work on township roads, subject to an annual limit of $1,000. Given these express provisions, town- ship board members in a township of more than 500 may not serve as the road overseer.

K.S.A. 1981 Supp. 75-4319(b) authorizes legisla- tive and executive bodies or agencies subject to the Kansas Open Meetings Act to conduct an execu- tive session or recess for the purpose of "consul- tation with an attorney for the body or agency which would be deemed privileged in the attorney- client relationship." However, the attorney-client privilege may not be invoked if the attorney is not present, or if persons, other than the attorney and his or her agents, are parties to the communi- cation. Moreover, the communication must be con- fidential in character and be so regarded by the gove

Amounts paid as salary to an administrator of a county hospital operating pursuant to K.S.A. 19-1801 et seq., are subject to public access pursuant to K.S.A. 45-201 et seq.

November 15, 1982 ATTORNEY GENERAL OPINION NO. 82- 245 Michael D. Pepoon, Esq. 117 South Pearl P. 0. Box E Paola, Kansas 66071 Re: Counties and County Officers -- Ambulance Service -- Obligations of County Providing County-wide Ambu- lance Service Synopsis: K.S.A. 19-261 authoriz…

K.S.A. 72-4440 et seq. provide no authority for a transfer of moneys raised pursuant to the Econ- omic Development Programs tax levy established according to K.S.A. 19-4101 et seq. to the voca- tional education capital outlay fund. Cited herein: K.S.A. 19-4101, 19-4102, 72-4423, 72-4440, 72-4441, 72-4442, 72-4443.

If a person desires to totally redeem property bid off by the county, the amount of interest owed by the person must be calculated under the provisions of K.S.A. 1981 Supp. 79-2004. If, however, a person desires merely to make a partial redemption of property, the interest due is at the rate specified in K.S.A. 1981 Supp. 79-2968(b) and the amount thereof must be calculated pursuant to K.S.A. 1981 Supp. 79-2401a.

Pursuant to K.S.A. 80-1404, no city of the second class shall be included within the corporate limits of any township. Said statutory provision, which serves as a limitation on township boundaries, may not be made inapplicable to any township or city through the exercise of city home rule powers. Although statutory provisions prescribe procedures for the sale of real or personal property used in the operation of a township water system, any such property may not be disposed of absent adequate consideration.

November 8, 1982 ATTORNEY GENERAL OPINION NO. 82-241 Robert E. Davis Attorney for the Board Kansas State Board of Pharmacy P. 0. Box 6150 Argentine Station Kansas City, Kansas 66106 Re: Public Health--Examination and Registration of Pharmacists--Public Health Departments and Priv…

Title to the bed and channel of any navigable river is held by the State of Kansas. In that the Arkansas River is legally declared to be a navigable river, title to the bed, even if dry, remains with the state, and its use by a county for road purposes would be subject to the approval of the state. In the absence of such approval, county equipment should not be used to maintain the crossing. Additionally, while a county may designate the county road leading to the cross- ing as a minimum . maintenance road, pursuant to K.S.A. 1981 Supp. 68-5,102, an easement from the state would be required be

Although K.S.A. 21-3725 and 21-3726 prohibit all persons from manipulating or tampering with railroad traffic signal devices, railroad personnel are excused from complying with said statutes when they are required to manipulate such devices to conduct operational tests in accordance with federal regulations. Cited herein: K.S.A. 21-3725, 21-3726, 49 C.F.R. §217.9.

Pursuant to the exemption in subsection (d) of K.S.A. 21-4201 (as amended by L. 1982, ch. 135, §2 and further amended by L. 1982, ch. 136, §1), any person may possess a concealed weapon while working at his or her fixed place of business.

Pursuant to K.S.A. 15-104, third-class cities are included within the corporate limits of the town- ships in which they are situated. However, once a city becomes a second-class city, it no longer' is so included. As a result, the township is without the authority to levy taxes on personal property located in the city. Further, any town- ship officer who resides in the city vacates his or her office by virtue of K.S.A. 80-202, which requires such officers to reside within the town- ship.

A township may, pursuant to K.S.A. 80-1601 et seq., establish and maintain a water department. Such a township has the express authority given by statute in operating the department, as well as any powers necessary to exercise those given directly by statute. Among these implied powers is the author-• ity to bill water users, and, if such charges are not paid, to terminate service. However, the town- ship may not agree to act as a billing agency for another municipality, and terminate water service when such municipality's bill is not paid. Cited herein: K.S.A. 12-3903, 12-3908, 80-101, 80-160

November 4, 1982 ATTORNEY GENERAL OPINION NO. 82- 235 Jim Pringle Sumner County Attorney Sumner County Courthouse Wellington, Kansas 67152-0497 Re: Counties -- Fire Protection -- Fire District; Disassociation of Lands From District Synopsis: K.S.A. 9-3604(b) allows the exclusion …

Based upon the Kansas Supreme Court's differentiation of "permissible" and "impermissible" partial exemp- tions, and the declaration of public purpose provided in K.S.A. 1981 Supp. 12-1740, it cannot be concluded, as a matter of law, that the portion of K.S.A. 1981 Supp. 79-201a, Second, (as amended by L. 1982, ch. 389, §1), which grants a partial exemption from taxation to property constructed or purchased in part with the proceeds of revenue bonds issued on or after July 1, 1981, under the authority of K.S.A. 12-1740 to 12-1749, inclusive, and amendments thereto, is prohibited by Article 11,

October 26, 1982 ATTORNEY GENERAL OPINION NO. 82- 2-11 Steven R. Zieber Prosecuting Attorney City of Olathe 100 West Santa Fe P. 0. Box 768 Olathe, Kansas 66061 Re: Automobiles and Other Vehicles -- Serious Traffic Offenses -- Driving While Under Influence of Alcohol; Assessment …

As provided by K.S.A. 16-6a02, the Kansas invest- ment certificate guaranty corporation is governed by a board of directors. Subsection (c) of the statute requires the corporate by-laws to provide that the "initial" board of directors contain four classes of members. These classes, of equal num- ber, represent large, medium and small companies, as well as the general public. In the absence of any statutory provision allowing these classes to be abolished, thus depriving one or more of them of board representation, the provisions of the statute apply to both the initial and subsequent boards of

Where the commission-manager form of city government has been adopted by a city of the second class having a population of 8,000 or less: