Kansas Attorney General Opinions

The provision of K.S.A. 1981 Supp. 8-253(c) which equates forfeiture of bail, bond or collateral deposited to secure a defendant's appearance to a conviction is inapplicable to K.S.A. 41-804 and 41-2719. For purposes of the Motor Vehicle Drivers' License Act, there is no basis for treating forfeiture of an appearance bond given to secure a person's appearance for an offense under K.S.A. 41-804 or 41-2719 as a conviction under either of these statutes.

A county treasurer may not refuse to accept an application for registration or reregistration of a vehicle, if the person making such application exhibits to the county treasurer a receipt showing that such person has paid all personal property taxes levied against such person for the preceding year, and the person has paid the tax imposed under K.S.A. 79-5101 et seq., if any, upon the vehicle sought to be registered or reregistered.

A city may not "incorporate by reference" to another instrument the legal description required to be set forth in the published notice of a proposed amendment to a zoning ordinance. Cited herein: K.S.A. 12-520a, 12-708, 12-3009. *

September 8, 1982 ATTORNEY GENERAL OPINION NO. 82- 196 John A. O'Leary, Jr. State Bank Commissioner 818 Kansas Topeka, Kansas 66612 Re: Banks and Banking -- Bank Holding Companies -- Definition of Bank Holding Company Synopsis: The participation of Fourth Financial Corporation in…

September 8, 1982 ATTORNEY GENERAL OPINION NO. 82- 195 John A. O'Leary, Jr. State Bank Commissioner 818 Kansas Topeka, Kansas 66612 Re: Banks and Banking -- Bank Holding Companies -- Definition of Bank Holding Company Synopsis: The state bank commissioner has the ultimate re- spo…

Kansas residency is a continuing requirement for licensure as a resident real estate broker or salesperson. When a resident licensee moves to another state, such licensee is not eligible for renewal of a resident license, but must instead apply for a nonresident license and, consequently, provide proof of compliance with all provisions of K.S.A. 1981 Supp. 58-3040, including the requirement of licensure by the new state of residence. Cited herein: K.S.A. 1981 Supp. 58-3039, 58-3040, 58-3045.

The amount of money to be raised through the im- position of a property tax to maintain a library established under the provisions of K.S.A. 12-1218 et seq. is to be determined by the board of directors of the library, not by the governing body of the municipality. Although the sum requested cannot result in a mill levy in excess of that allowed by law, the governing body of the municipality may not reduce the amount requested by the library board.

September 7, 1982 ATTORNEY GENERAL OPINION NO. 82 - 192 Dr. Merle R. Bolton Commissioner of Education State Department of Education 120 East Tenth Street Topeka, Kansas 66612 Re: Cities and Municipalities--System of Public Recreation and Playgrounds--Establishment and Operation S…

A soil conservation district, established pursuant to K.S.A. 2-1901 et seq., may sell irrigation equipment for profit to land occupiers within the bounds of the district. Such commercial activity is not violative of either the constitutional pro- hibition regarding internal improvements or the public purpose doctrine.

In a proceeding to determine grandparent visitation rights pursuant to K.S.A. 38-129, the appointment of a guardian ad litem for a child or an attorney for an indigent parent, is not statutorily required. Furthermore, visitation does not generally involve the type of inter- ference with parental rights which necessitates such due process safeguards as the appointment of counsel or a guardian ad litem. However, a court may decide that, in certain circumstances, due process considerations justify appointment of counsel or a guardian ad litem. In the event of such appointments, the court is autho

February 1, 1982 ATTORNEY GENERAL OPINION NO. 82-19 Richard C. Dearth City Attorney P. 0. Box 1037 Parsons, Kansas 67357 Re: Intoxicating Liquors and Beverages -- Misdemeanors and Nuisances -- City Ordinances Prohibiting Trans- portation of Open Containers of Alcoholic Liquor Syn…

A board of county commissioners, which has chosen to impose the tax authorized by 1982 House Bill No. 3142 without a vote of the electorate, may determine subsequently that the tax should no longer be imposed by the county and, without a vote of the electorate, may repeal the county resolution pursuant to which the tax is imposed.

September 3, 1982 ATTORNEY GENERAL OPINION NO. 82- 188 Delton M. Gilliland Fairfax Township Treasurer Tiffany Building Lyndon, Kansas 66451 Virginia Kersten Osage County Clerk County Courthouse Lyndon, Kansas 66451 Re: Roads and Bridges -- County and Township Roads -- Tax Levies …

The increased penalty provisions of K.S.A. 21-4501 (as amended by L. 1982, ch. 137, §1) and K.S.A. 21-4608, (as amended by L. 1982, ch. 150, §1) do not apply to crimes committed before July 1, 1982 (the effective date of the amendments), but are applicable to sentencing for crimes committed after July 1, 1982.

The exercise of county home rule powers is restricted or limited by K.S.A. 19-101a, Fourth, regarding "acts of the legislature prescribing limits of indebtedness." Even though the limits of bonded indebtedness prescribed by K.S.A. 1981 Supp. 10-306 do not apply uniformly to all counties, a county is precluded by K.S.A. 19-101a, Fourth, from exempt- ing itself from these limits.

September 1, 1982 ATTORNEY GENERAL OPINION NO. 82-185 The Honorable Pauline Schwarm District Magistrate Judge Kiowa County Courthouse Greensburg, Kansas 67054 Re: Automobiles and Other Vehicles -- Serious Traffic Offenses -- Driving While Under Influence of Alcohol; Use of Prior …

The provisions of K.S.A. 1981 Supp. 2-1907b are permissive with respect to the payment of county moneys for the operation of soil conservation dis- tricts, and boards of county commissioners are not required by this statute to make such payments.

August 19, 1982 ATTORNEY GENERAL OPINION NO. 82-183 The Honorable Ed C. Rolfs State Representative, Sixty-Fifth District 424 North Madison Junction City, Kansas 66441 Re: Automobiles and Other Vehicles -- Serious Traffic Offenses -- Driving While Under Influence of Alcohol; Perfo…

August 19, 1982 ATTORNEY GENERAL OPINION NO. 82- 182 Alan F. Alderson General Counsel Kansas Department of Revenue State Office Building Topeka, Kansas 66625 Re: Automobiles and Other Vehicles -- Serious Traffic Offenses -- Driving While Under Influence of Alco- hol; Use of Prior…

K.S.A. 16-707 contemplates licensure of pawnbrokers and precious metal dealers as separate entities. Therefore, a licensed pawnbroker must also obtain a precious metal dealer's license prior to transacting business as a precious metal dealer. Jewelers who purchase precious metals, or used articles containing such metals, for resale purposes must be licensed as precious metal dealers. Coin dealers who purchase coins for their numismatic value, rather than their metal content, are not required to be licensed as precious metal dealers.

August 19, 1982 ATTORNEY GENERAL OPINION NO. 82-180 John Travison Chairman of Library Board` Louisburg Library District No. 1 0. Box 398 Louisburg, Kansas 66053 Re: Cities and Municipalities -- Libraries -- Library District; Donation of Moneys by Township Synopsis: A library dist…

If a councilman of a city of the third class removes his residence from the territorial limits of the city, he is no longer a "qualified elector" of the city, and a vacancy in the office occurs automatically.

A city which operates a cemetery pursuant to the provisions of K.S.A. 12-1401 et seq. has full power to make and enforce all necessary rules and regu- lations pertaining to the care of such cemetery. This grant of power includes the ability to remove and reinter remains which are contained in a mauso- leum that has become structurally unsound. In order to avoid potential liability, notice should be provided if possible to relatives of those per- sons whose remains are so transferred. However, a city is not required to obtain such relatives' consent prior to effecting such removal and rein- ter

In that a watershed district organized pursuant to K.S.A. 24-2101 et seq., is a quasi-municipal corporation, a quorum may be established, and any votes taken by the board of directors, only with those directors who are present, thus pre- cluding the use of voting by proxy.

K.S.A. 10-1117 requires certain records "of" the municipality to be open for public inspection in- cluding records of "indebtedness, contracts creat- ing a liability against the municipality, . . . each order, warrant check or checks, drawn on the treasury and paid." Private records of a business or corporation are not available for inspection under this statute. K.S.A. 10-1117 directs the clerk or secretary of the municipality to keep and make available these records and does not place any legal obligation upon any employee of a private business or corporation to disclose any records.

A public body subject to the Kansas Open Meetings Act may not permit individuals or special inter- est groups, including members of the news media, to attend executive sessions as mere observers while excluding the public generally. Individuals may attend executive sessions of government bodies subject to the Act upon invitation where such per- sons are present to provide information to the body or participate in its deliberations, but may not attend merely as observers.

August 11, 1982 ATTORNEY GENERAL OPINION NO. 82- 175 Karen Barefield Ottawa County Attorney Ottawa County Courthouse Minneapolis, Kansas 67467 Francis E. Meisenheimer Assistant Reno County Attorney Law Enforcement Center .210 West First Street Hutchinson, Kansas 67501 Re: Automob…

The common law doctrine of incompatibility of offices precludes one person from simultaneously holding the offices of city manager and city treasurer in a city of the second class having a commission-manager form of government. Cited herein: K.S.A. 12-1001, 12-1011, 12-1014, 12-1024.

A watershed district organized pursuant to K.S.A. 24-1201 et seq., is governed by a board of direc- tors selected under K.S.A. 24-1211. An individual member of such a board is immune from personal liability for injuries to private individuals re- sulting as a consequence of his or her official acts.

The Wichita State University Endowment Association is a private nonprofit corp- oration which is not an "agency" of the State of Kansas for purposes of the Kansas Public Records Act, nor is it substantially controlled by Wichita State University within the meaning of K.S.A. 76-721. However, otherwise public records in the custody of the Association retain their character as public records and must be made available in accordance with K.S.A. 45-201 et seq.

Neither K.S.A. 12-1222 nor the common law doctrine of incompatibility of offices precludes a person from simultaneously being the county register of deeds and a member of a city's library board.

August 9, 1982 ATTORNEY GENERAL OPINION NO. 82- 170 Robert F. Lytle Bennett, Lytle, Wetzler, Winn & Martin 5100 West Ninety-Fifth Street Prairie Village, Kansas 66208 Re: State Boards, Commissions and Authorities--Public Employees Retirement System--Out-of-State Public School Emp…

The provisions of the transient guest tax act, K.S.A. 1980 Supp. 12-1696 et seq., are non-uniform in application to cities and hence are subject to charter ordinance pursuant to Article 12, Section 5 of the Kansas Constitution. However, after having exempted itself from the provisions of a non-uniform state statute, a city may not impose administrative duties upon a state agency.

August 9, 1982 ATTORNEY GENERAL OPINION NO. 82-169 Jim Pringle Sumner County Attorney County Courthouse Wellington, Kansas 67152 Re: Automobiles and Other Vehicles -- Serious Traffic Offenses -- Driving While Under Influence of Alcohol; Effect on Prosecutions Instituted Prior to …

August 9, 1982 ATIORNEY GENERAL OPINION NO. 82-16 8 Mr. David K. Martin P.O. Box 10 The Tower Building 200 South Chestnut Olathe, Kansas 66061 Re: Criminal Procedure -- Search and Seizure -- Custody and Disposition of Seized Property Cities, Second Class -- Sale of Firearms Found…

Neither attachment nor garnishment of wages held by the Board of Public Utilities, and due its employees, is available to the Board for the purpose of recovering unpaid utility bills due the Board from those employees, because it is impermissible for an aggrieved party to attach or garnish wages it holds for its own employees.

Non-salaried reserve police officers are not police officers or law enforcement officers for the purposes of Section 4 of 1982 Senate Bill No. 499 (L. 1982, ch. 322), which imposes training requirements on full-time and part-time police and law enforcement officers. Additionally, to be regarded as "full- time," a police officer or law enforcement officer must work at least 1,000 hours per year. Cited herein: K.S.A. 74-5602 (as amended by L. 1982, ch. 322, §2, and further amended by L. 1982, ch. 323, §1), L. 1982, ch. 322, §4.

August 4, 1982 ATTORNEY GENERAL OPINION NO. 82-169 Howard Schwartz Judicial Administrator Kansas Judicial Center 301 West Tenth Topeka, Kansas 66612 Re: Automobiles and Other Vehicles -- Arrests, Cita- tions, Procedures and Penalties -- Appearance Bonds; Use of Credit Cards Synop…

A register of deeds is required to file of record a written instrument whereby real estate may be affected. Such filing can properly be refused only if the instrument contains apparent errors, or is not proved or acknowledged, and certified in the manner prescribed by law, or the register of deeds has been directed by a court not to file the instrument. Of course, a register of deeds also may refuse to file instruments that clearly do not affect real estate, or where the law requires some act, such as payment of the mortgage registration fee, before the instrument may be received and filed of

K.S.A. 19-261 allows boards of county commissioners to provide ambulance services as a county function. K.S.A. 19-261 also allows boards of county commis- sioners to contract with any city, person, firm, or corporation for the furnishing of ambulance services. However, boards of county commissioners are not required to provide ambulance services either as a county function or by contract.

The provisions of K.S.A. 65-1648 (as amended by L. 1982, ch. 262, 55), which authorize registered nurses to distribute (under certain prescribed circumstances) prescription medications at private, not-for-profit family planning clinics, are valid and constitutional. A prescription-only drug may be distributed at such a clinic only where there has been compliance with the provisions of subsection (q) of K.S.A. 65-669. However, whether competent medical practice necessitates a physical examination prior to receiving prescription medications can be determined only by consideration of the facts of

A city may, through the adoption of a valid charter ordinance, exempt itself from the provisions of K.S.A. 12-4112, and provide for the assessment of court costs in municipal, court cases.

July 26, 1982 ATTORNEY GENERAL OPINION NO. 82-160 The Honorable John Carlin Governor of Kansas 2nd Floor, State Capitol Topeka, Kansas 66612 Re: State Departments; Public Officers, Employees -- Department of Administration -- Application of Allotment System Synopsis: K.S.A. 75-37…

The Kansas Open Meetings Act does not prohibit the use of written memoranda between members of a pub- lic body subject to the Act. However, use of writ- ten documents at an otherwise public meeting which effectively deny the public access to the decision- making process may constitute a violation of the Kansas Open Meetings Act.

The limitation on the issuance of county general obligation bonds, set forth in K.S.A. 19-2736, does not apply to sewer districts created under the provisions of K.S.A. 19-2704 to 19-2715.

July 12, 1982 ATTORNEY GENERAL OPINION NO. 82-158 Stanley H. Stauffer, Chairperson Board of Directors Metropolitan Topeka Airport Authority P. 0. Box 19053 Topeka, Kansas 66619 Re: Federal Jurisdiction--Surplus Property of Federal Agencies--Public Airport Authority; Power to Borr…

July 12, 1982 ATTORNEY GENERAL OPINION NO. 82- 157 E. A. Mosher, Executive Director League of Kansas Municipalities 112 West Seventh Street Topeka, Kansas 66603 Re: Automobiles -- Serious Traffic Offenses -- Driving While Under Influence of Alcohol; Effect of Amend- ments Concern…

Sales of tangible personal property to contractors working on a construction project of the Kansas Park and Resources Authority are not exempt from the Kansas retailers' sales tax.

July 12, 1982 ATTORNEY GENERAL OPINION NO. 82- 155 E. A. Mosher, Executive Director League of Kansas Municipalities 112 West Seventh Street Topeka, Kansas 66603 Re: Automobiles -- Serious Traffic Offenses -- Driving While Under Influence of Alcohol; Imposition by Municipal Courts…

The Board of County Commissioners of Mitchell County possessed the authority to exempt the county from the provisions of K.S.A. 79-5001 to 79-5016, inclusive, to the extent of the costs to be incurred by the county in the operation of the sheriff's department in fiscal year 1983 and each year there- after, and to prescribe that, for the purpose of determining the county's compliance with the limitation prescribed in K.S.A. 79-5003, those costs are not to be included in determining the aggregate amount of taxes levied by the county in said years. Attorney General Opinion Nos. 81-168 and 77-272