Kansas Attorney General Opinions

Pursuant to K.S.A. 12-1901 et seq., a city may, either independently or in cooperation with a school district, delegate the operation of a sys- tem of public recreation to a recreation commis- sion. The membership and powers of such a comis- sion is prescribed by K.S.A. 12-1907, which con- tains among its provisions the requirement that commission funds be held by the treasurer of the city with this official serving as ex officio treasurer of the commission.

A proposed merger of two or more savings and loan associations must be approved at an annual or spe- cial meeting of each of such associations by an affirmative vote of 51% of the shares of each asso- ciation represented at such meeting in person or by proxy. Such proposal need not be approved by 51% of all shares of each such association. Cited herein: K.S.A. 17-5521, 17-5541.

The resolutions passed by the city of Wichita and Sedgwick County creating the City-County Intergov- ernmental Council are invalid as beyond the author- ity granted by K.S.A. 12-3901 et seq. The Sedgwick County Clerk may refuse to certify a budget for said Council and may refuse to collect taxes levied by said Council.

October 16, 1981 ATTORNEY GENERAL OPINION NO. 81- 24 5 The Honorable Charlie L. Angell State Senator Thirty-Eighth District 102 Erie Plains, Kansas 67899 Re: Oil and Gas -- Abandonment of Wells -- Liability of an Owner or Operator for Pollution Caused Due to Improper Plugging Syn…

Pursuant to the provisions of K.S.A. 74-3302 and K.S.A. 32-214, the Kansas Fish and name Commission may accept a donation of certain mined lands located in Cherokee County, Kansas.

October 14, 1981 ATTORNEY GENERAL OPINION NO. 81-243 William F. Stahl Attorney at Law 815 West Sixth Street P. 0. Box 94 Junction City, Kansas 66441 Re: Counties and County. Officers -- Hospitals -- Addi- tions to Medical Clinics Synopsis: Neither K.S.A. 1980 Supp. 19-1815e, as a…

A county may not permit private companies to oper- ate seismographic equipment on county roads unless the county owns the road in fee. An easement for a public road grants the right to use the proper- ty for public travel, but does not impair other rights retained by the landowner.

In order to be qualified for a cereal malt bever- age retailer's license, an applicant therefor must be a resident of the county in which the place of business covered by the license is located, and shall have been such a resident for at least six months. Also, if an applicant's place of business is to be conducted by a manager or agent, the appli- cant is not qualified to receive a retailer's li- cense unless such manager or agent possesses all the qualifications of a licensee, except that where the applicant is a corporation, such manager or agent need not be a resident of the county in whic

A watershed district may, pursuant to the authority given it by K.S.A. 1980 Supp. 24-1209, Eighth, use eminent domain power to acquire land and interests in land for district purposes, including fee simple title. Upon a subsequent determination by the district that such acquisitions are no longer re- quired for district purposes, they may be sold in the same manner as any other property owned by the district.

October 12, 1981 ATTORNEY GENERAL OPINION NO. 81-239 Robert L. Elliott Consumer. Credit Commissioner Suite 1114, 535 Kansas Avenue Topeka, Kansas 66603 Re: Contracts -- Investment Certificates of Investment Companies -- Standards of Operation; Permissible Loans Synopsis: The sale…

Pursuant to K.S.A. 80-916, a township board is under an obligation to provide for the care of any abandoned cemetery within its boundaries. while such a cemetery may also be included within the boundaries of a cemetery district established pursuant to K.S.A. 1980 Supp. 17-1330 et seq., the cemetery district is not obligated to care for any abandoned cemetery located therein unless the board of directors determines it to be in the best interests of the district to do so.

Pursuant to K.S.A. 1980 Supp. 17-1311, a cemetery corporation is required to deposit a portion of the purchase price of each burial lot in a fund, the income of which is to be used for the permanent maintenance of the cemetery. If income accrued for any one year is in excess of such maintenance costs, it may be accumulated and invested so as to produce additional income. However, it does not become part of the principal of the fund by virtue of being carried over, and, if required for maintenance costs in succeeding years, can be expended, unlike the principal which must remain in trust in per

The State Board of Education lawfully may adopt rules and regulations governing the certification of teaching, administrative and other supportive personnel in unified school districts, relying upon its constitutional authority and disregarding any statutory authority or lack thereof. The legislature may not prescribe, amend, modify, or otherwise alter the content of such rules and regulations.

October 12, 1981 ATTORNEY GENERAL OPINION NO. 81-235 Mr. William G. Haynes Eidson, Lewis, Porter & Haynes 1300 Merchants National Bank Building Eighth and Jackson Streets Topeka, Kansas 66612 Re: Schools--Teachers' Contracts--Fact finding; Ap- plicability of Open Meetings Law Syn…

K.S.A. 68-1107 places the duty on the county engineer to determine the size of culverts re- quired for a particular location on a township road. Pursuant to this statute, such determina- tion has the effect of assigning to either the township or county the duty of constructing, re- constructing, repairing and maintaining any such culvert. Absent a determination by the county engineer that an existing "county culvert" should be reconstructed to a reduced size, so as to con- stitute a "township culvert," the county may not so reconstruct such culvert and thereby shift to the township the duty of

The Kansas Tort Claims Act exempts a city and its employees from tort liability in the exercise of a discretionary legislative determination regard- ing participation in a voluntary federal flood insurance program.

Community colleges are required to use the gen- erally accepted accounting principles embodied in the chart of accounts specifically prescribed for community colleges under authority of K.S.A. 71-211, and may not exercise the authority granted by sub- section (d) of K.S.A. 1980 Supp. 75-1120a (as amended by L. 1981, ch. 327, §1) to obtain a waiver of the use of such principles required by subsec- tion (a) thereof.

The requirements of K.S.A. 1980 Supp. 25-3602 pre- scribing the content of petitions governed by K.S.A. 25-3601 et seq. are mandatory. Thus, a pe- tition is invalid if it does not comply with the requirements of K.S.A. 1980 Supp. 25-3602(c) that the petition contain a verification by the peti- tion's circulator, to the effect that such circu- lator personally witnessed the signing of the pe- tition by each person whose name appears thereon.

The mortgage registration fee is measured by the principal debt or obligation secured by a mortgage of real property. If the principal debt or obligation secured by a mortgage of real property is increased, an additional mortgage registration fee is payable. In such situations, a mortgage registration fee need be paid only upon the amount of the new consideration given the mortgagor by the mortgagee, and upon which no mortgage registration fee has been paid. Cited herein: K.S.A. 1980 Supp. 79-3102. *

A city may use moneys from its industrial fund to pay for improvements to a runway at the municipal airport, where the runway improvement bears a direct relation to the statutory purpose of inducing industries to locate in or near the city.

A hospital district, operating as a body politic and corporate, has the power to request a partition in order to effect the disposition of property authorized under K.S.A. 80-21,100. In order to comply with K.S.A. 80-2195, however, either this property or the proceeds from its sale must be used for "hospital purposes" directly and immediately benefitting the hospital.

In computing the replacement value of a curb or sidewalk for purposes of K.S.A. 1980 Supp. 58-1301 et seq., as amended by L. 1981, ch. 343, a lineal block measurement is to be used.

Vehicles owned by a corporation which provides animal control services to a city may be equipped with a red light and/or siren only if such vehicles are designated as "authorized emergency vehicles" by the secretary of transportation. The power to determine whether a vehicle meets the statutory and regulatory requirements for "authorized emergency vehicle" status rests with the secretary of transportation.

K.S.A. 48-929 creates a duty on the part of Kansas counties and certain Kansas cities to formulate plans and assemble agencies capable of providing disaster relief. The statute does not state that such cities and counties must budget and expend moneys for these plans and agencies; however, if cities and counties ignore their statutory duty, an action for mandamus will lie to compel them to establish and maintain emergency preparedness plans and agencies, even if compliance with the order requires the expenditure of money. Cited herein: K.S.A. 48-929, 60-801.

For criminal conduct which the State has declared to constitute a felony, municipalities may not exercise concurrent jurisdiction by redefining such offense as a misdemeanor in violation of municipal ordinance.

A city may not use moneys from its industrial fund to pay legal fees incurred by a group of citizens in challenging the decision of a school board to close a local school.

A city of the second class may not provide for the term of office of any city officer by means of an "employment" contract with such officer, and in light of the provisions of K.S.A. 14-201, a second class city may not provide for a two-year term of office for any of its officers, except pursuant to a charter ordinance.

While K.S.A. 80-112 does not require an election to approve the sale of certain township property by townships located in certain counties, unless the. criteria of that statute are met the sale of township property must be accomplished in accordance with K.S.A. 80-109, which requires that such sale be approved by the township's electors. Cited herein: K.S.A. 25-2502, 80-109, 80-110, 80-112. * Dear Ms. Page:

Absent statutory authority the Kansas State Grain Inspection Department may not charge additional inspection fees to pay for federal supervision fees imposed by 7 U.S.C.A. §79(j)(2). Cited herein: K.S.A. 34-101, 34-103a, 7 U.S.C.A. §79.

Unlike Kansas cities and counties which exercise constitutional or statutory "home rule" powers, school districts are creatures of statute and, as such, enjoy only those powers expressly confer- red, by law, together with those implied powers which are necessary for the effective exercise and discharge of the powers and duties expressly conferred. No statutory authority exists, either expressly conferred or necessarily implied, author- izing the expenditure of school districts funds to contribute to a lobbying effort on a proposed state-wide severance tax.

K.S.A. 59-1701, as amended by Section 1 of Chapter 226 of the 1981 Session Laws of Kansas, does not authorize a bank or other corporation, organized under the laws of, and having a principal place of business in, another state, to act as a trustee in the state of Kansas with respect to the issuance of industrial revenue bonds by a Kansas municipality.

September 14, 1981 ATTORNEY GENERAL OPINION NO. 81-214 Mr. C. E. Russell Wellington City Attorney City Hall 202 North Washington Wellington, Kansas 67152 Re: Cities and Municipalities -- Port Authorities -- City Councilman as Port Authority Board Member Synopsis: Because of the d…

September 11, 1981 ATTORNEY GENERAL OPINION NO. 81- 213 John Dekker Director of Law City of Wichita City Hall, 13th Floor Wichita, Kansas 67202 Re: Cities and Municipalities -- Additions -- Effect of Annexation Upon Territory of Fire District Synopsis: K.S.A. 12-503a provides alt…

Three townships may enter into an interlocal agree- ment for the creation of a recreation district. Upon approval of the voters of each township, each township may levy a tax for recreation purposes not to exceed 2 mills and produce revenues of not to exceed $1,000 per township. Each township may expend such revenues so collected for the opera- tion of a joint recreation district.

September 10, 1981 ATTORNEY GENERAL OPINION NO. 81-211 Roy P. Britton Banking Commissioner Banking Department Suite 600, 818 Kansas Ave. Topeka, Kansas 66612 Re: Banks and Banking -- Deposit of Public Moneys -- Bank's Eligibility as Depository Cities and Municipalities -- School …

September 10, 1981 ATTORNEY GENERAL OPINION NO. 81-210 Marvin S. Steinert, Commissioner Savings and Loan Department 503 Kansas Avenue, Room 220 Topeka, Kansas 66603 Re: Contracts and Promises -- Interest and Charges -- Extension of Most Favored Lender Doctrine to State Savings an…

September 1, 1981 ATTORNEY GENERAL OPINION NO. 81-208 The Honorable Gerald L. Karr State Senator, Seventeenth District R.R. 2, P. 0. Box 101 Emporia, Kansas 66801 Re: Counties and County Officers -- County Commis- sioners -- Expending Public Funds for Lobbying; Public Purpose Syn…

An individual who is employed to act solely as "tour guide" for a developer, and whose functions and duties do not involve assisting or directing in the procuring of prospective buyers or customers or otherwise contravene the provisions of K.S.A. 1980 Supp. 58-3035(c)(8), is not required to be licensed as a real estate broker or salesperson.

August 31, 1981 ATTORNEY GENERAL OPINION NO. 81-206 Mrs. Beth Fenske Route 2 Mayetta, Kansas 66509 Re: Schools--Boards of Education; Organization, Powers, Finances--Special Meetings Synopsis: Under K.S.A. 72-8205 (as amended by L.1981, ch. 293, §1), a school board member may waiv…

A county may not require a sheriff to enforce city ordinances pursuant to an Interlocal agreement. Attorney General Opinion No. 78-50 is withdrawn.

The ownership by a township of a residence which is provided to the road supervisor is a public purpose, insofar as the supervisor also oversees the equipment, materials and supplies of the town- ship that are kept on the premises, as well as maintaining the township hall. Accordingly, in the event that such residence is damaged or de- stroyed by fire, the township may issue general obligation bonds following an election approving same, with the proceeds used for repair or recon- struction.

August 25, 1981 ATTORNEY GENERAL OPINION NO. 81-203 Patrick J. Hurley Secretary of Administration State Capitol, Room 263-E Topeka, Kansas 66612 Re: State Departments -- Department of Administration -- State Capital Improvement Projects Not Subject to Municipal Building Codes Syn…

August 25, 1981 ATTORNEY GENERAL OPINION No. 81-202 David W. Kester Kansas State Department of Education 120 East Tenth Street Topeka, Kansas 66612 Re: Schools -- State Music Festivals -- Duplication of Copyrighted Works Synopsis: Duplication of copyrighted musical scores for the…

Moneys deposited in the state treasury and credited to the "forestry, fish and game commission fee fund" are not custodial moneys within the meaning of the State Moneys Law, K.S.A. 75-4201 et seq. Interest earned on such moneys must be credited to the state general fund, pursuant to the pro- visions of K.S.A. 75-4210a.

The conclusion reached in Attorney General Opinion No. 81-158, that a state's interest rate limita- tions on business and agricultural loans of $1,000 or more have been preempted by federal legisla- tion, is affirmed. However, because such preemp- tion is operative only if the federally-prescribed interest rate limitation exceeds a state's limita- tion, such preemptive interest rate is not appli- cable in Kansas, since Kansas statutes no longer .impose any interest rate limitations on business and agricultural loans.

August 21, 1981 ATTORNEY GENERAL OPINION NO. 81-199 Honorable Ruth Luzzati Representative, Eighty-Fourth District Sedgwick County 5203 Plaza Lane Wichita, Kansas 67208 Re: Schools--Special Education--Decisions of the State Board 'Synopsis: If a local board of education refuses to…

Where a judicial district has adopted district court rules pursuant to K.S.A. 1980 Supp. 22-2912 to administer a diversionary program, the court may adopt any rules necessary to regulate the program insofar as such are in accordance with applicable statutes and rules of the Supreme Court. There are no statutory provisions which state expressly that there must be a diversion program in every county.