Kansas Attorney General Opinions

February 11, 1981 ATTORNEY GENERAL OPINION NO. 81- 43 Ms. Mary Kathleen Babcock Foulston, Siefkin, Powers & Eberhardt 700 Fourth Financial Center Broadway at Douglas Wichita, Kansas 67202 Re: Schools--Miscellaneous Provisions--Auxiliary School Services Synopsis: The provisions of…

A board of county commissioners may not order the refund of a penalty which was properly imposed pursuant to the mandatory requirements of K.S.A. 1980 Supp. 79-1422. However, the state board of tax appeals may, in a proceeding initiated under K.S.A. 1980 Supp. 79-1702, order such a refund "where excusable neglect on the part of the aggrieved taxpayer has been shown."

While one governmental entity may not gratuitously contribute public funds to another such entity, the two may jointly undertake a project which is to the benefit of both by means of an interlocal agreement pursuant to K.S.A. 12-2901 et seq.

Since K.S.A. 1980 Suop. 79-3109 authorizes the filing of a petition requesting that the intangibles tax of a city be eliminated, but does not specify the officer with whom said petition is to be filed, the provisions of K.S.A.• 25-3601 et seq. apply. Under K.S.A. 1980 Supp. 25-3602, such petitions are to be filed with the county election officer.

Governing bodies subject to the Kansas Open Meetings Act may not discuss salary schedules for hospital per- sonnel, hospital budgets, hospital room rates, or other related financial affairs during closed or executive session. Salaries for hospital employees may be discussed during executive session only when such dis- cussion focuses on individuals.

Even though a person is neither a full-time nor part-time employee of a sheriff's department, if such person is regularly commissioned as a deputy sheriff, such person is an eligible applicant under K.A.R. 36-2-4(f)(4) for designation of such person's private vehicle as an authorized emergency vehicle.

(1) County hospital boards do not have power to purchase medical clinics.

Where the requirements set forth in subsection (d) of K.S.A. 65-4306 have been satisfied, a mobile intensive care technician may perform any of the acts enumerated therein, and such acts do not constitute the unauthorized practice of medicine or nursing.

The Johnson County Board of County Commissioners may adopt a charter resolution exempting Johnson County from the limitation imposed by K.S.A. 1980 Supp. 79-1947 on the tax levy for establishment and maintenance of a library.

The provisions of K.S.A. 1980 Supp. 19-117 are uniformly applicable to all counties in restricting the exercise of home rule powers regarding the enactment of tax and other revenue measures. Pursuant thereto, if there is no statutory procedure for levying any such tax or revenue measure, the provisions of K.S.A. 1980 Supp. 19-117 must be followed. However, if such a procedure has been prescribed by legislative enactment, a board of county commissioners must follow such statutorily-prescribed procedure.

A person who claims a tax credit for federal income tax purposes different than the credits specifically mentioned in paragraph (i) of subsection (c) of K.S.A. 1980 Supp. 79-32,120, may not use an optional tax table devised by the Secretary of Revenue under the provisions of K.S.A. 1980 Supp. 79-32,112a; instead, such person must use the tax computation schedule.

The provisions of subsection (b) of K.S.A. 1980 Supp. 79-331 violate the provisions of Article 11, Section 1 of the Kansas Constitution and are void. The provisions of 1979 House Bill No. 2456, as amended and passed by the House of Representatives and the Senate, are not the same provisions contained in 1979 House Bill No. 2456, as enrolled and signed by Governor Carlin, which appear at Chapter 310 of the 1979 Session Laws of Kansas and K.S.A. 1980 Supp. 79-331. Thus, said provisions are void.

There are no statutory prohibitions against the sale or consumption of cereal malt beverages on state property owned by the state or any governmental subdivision thereof. Thus, a city may issue a license for the retail sale of cereal malt beverages on city property.

February 3, 1981 ATTORNEY GENERAL OPINION NO. 81-30 Edward C. Redmon State Fire Marshal Mills Building, Suite 203 109 W. 9th Street Topeka, Kansas 66612 Re: Fire Protection--Fire Safety and Prevention--Investigations Made by City Inspectors on State Property Synopsis: As provided…

Pursuant to the provisions of K.S.A. 58-2614, a board of county commissioners must, upon vacating a subdivision plat, order that the land "be listed for taxation and for other purposes as though it had never been platted."

Municipal airport property may be leased only for those purposes "directly or incidentally and necessarily required for the successful and proper operation" of the airport, and cannot be leased for commercial ventures unrelated to aviation purposes. (Affirming Attorney General Opinion No. 75-402.)

To be consistent with requirements of the United States Constitution, the provisions of K.S.A. 72-5393 can, and must, be construed as neither requiring nor authorizing the provision of therapeutic psychological and speech and hearing services, at public expense and by public employees, on parochial school premises. Instead, said provisions must be construed as re- quiring that such services be provided at the "truly religiously neutral locations" specified in the statute, i.e., in the public schools of the school district, in public centers, or in mobile units located off the parochial school

Although the Kansas Open Meetings Act generally applies to a prearranged meeting of a majority of a quorum of the Kansas legislature, certain gatherings may be excepted from the Act by house or senate rule.

The restriction on bond issues imposed by K.S.A. 1980 Supp. 19-1815e does not apply to city bonds issued under the provisions of K.S.A. 1980 Supp. 12-1774 and retired in part by a tax levy authorized by K.S.A. 1980 Supp. 19-1809. Bonds issued by the county for a long term care facility pursuant to K.S.A. 1980 Supp. 19-1815e are subject to the $750,000 bonded debt limitations contained therein. Cited herein: K.S.A. 1980 Supp. 12-1774, 19-1809 and 19-1815e. *

Although written requests for notice of government meetings are preferred and the absence of a written request makes prosecution under the Kansas Open Meetings Act nearly impossible, oral requests for notice are to be honored. In addition, meetings for the discussion of personnel matters of non-elected personnel may be held in executive session, but only after the notice requirements and procedures for recessing into closed sessions have been followed.

January 23, 1981 ATTORNEY GENERAL OPINION NO. 81- 25 Norman W. Jeter Jeter and Larson First National Bank Building P.O. Box 128 Hays, Kansas 67601 Re: Schools--Transportation of Students--Extent to Which Nonpublic School Pupils Must be Afforded Transportation Synopsis: K.S.A. 72-…

A municipality may not invest idle funds in its own" - no-fundwarants. Entitlement (federal revenue sharing) funds appropriated or budgeted by units of local government on or after January 1, 1977, may be used to pay principal and interest on no-fund warrants issued by a municipality. Where a municipality does not intend to issue bonds to finance an improvement, temporary notes may not be ,

There are no statutory obstacles to a member of the board of education of a unified school district simultaneously holding either of the offices of county attorney or municipal judge of a city of the second class. Moreover, the common law doctrine of incompatibility of offices does not preclude either of such simultaneous incumbencies.

The provisions of K.S.A. 1980 Supp. 13-1806 require that a vacancy occurring in the office of the city commissioner be filled by the remaining commissioners selecting a successor to serve until the next city general election. Even though said statute is silent as to the election procedure to be followed where such vacancy occurs during a term of office that otherwise would not have expired at such election, the apparent underlying legislative intent is that, at said election, the qualified electors of the city elect a successor to fill the balance of the unexpired term.

January 21, 1981 ATTORNEY GENERAL OPINION NO. 81- 1, ( Y Richard C. Dearth City Attorney of Parsons P.O. Box 781 Parsons, Kansas 67357 Re: Cities of the First Class--Commission Form of Government— Filling Vacancies in Board of Commissioners Synopsis: The provisions of K.S.A. 1980…

January 20, 1981 ATTORNEY GENERAL OPINION NO. 81 - 19 Douglas A. Price Humboldt City Attorney 701 Bridge Street Humboldt, Kansas 66748 Re: Intoxicating Liquors and Beverages--Cereal Malt Beverages--Fees for Retailers' Licenses Synopsis: Pursuant to its constitutional home rule po…

A watershed district organized pursuant to K.S.A. 24-1201 et seq. is a body corporate and politic, and has among its enumerated powers the ability to sell land and execute the necessary contracts therefor. Insofar as a sale of land on contract advances the purposes of the district and is otherwise properly made, such a sale is binding on the successors to the present board and does not violate either the Cash Basis Law (K.S.A. 10-1101 et seq.) or any other Kansas statutes. Cited herein: K.S.A. 10-1101, 24-1201, K.S.A. 1980 Supp. 19-211, 24-1209. *

The Johnson County Board of County Commissioners is author- ized to restrict the scope of emergency medical services provided by the county to those circumstances in which a person's life is in danger. The ballot proposition approved by Johnson County voters authorizing the establishment of an emergency medical service does not restrict or limit the service to be provided, nor does it restrict or limit the authority or discretion of the board of county commissioners to determine the scope of the emergency medical service to be provided by the county.

A city ordinance calling for notice of regular or special meetings only to those who request it in writing does not comport with the mandates of the Kansas Open Meetings Act. Although written requests for notice of government meetings are preferred and the absence of a written request makes prosecution under the Act nearly impossible, oral requests for notice are to be honored. Requests for agenda also may be made orally. Notice of special meetings cannot be restricted to those situations where prior notice is "possible." If a meeting is prearranged and subject to the Kansas Open Meetings Act

Where there is no federal legislation preempting a state's interest in exercising jurisdiction over juveniles residing within federal enclaves, the jurisdiction of a state district court does extend to hear and adjudicate proceedings pursuant to the juvenile code, with respect to neglected, wayward or abused children, concerning incidents occurring on the Fort Riley Military Reservation.

For the purposes of K.S.A. 72-8213, if a school building was the property of a school district disorganized pursuant to the School Unification Acts, but is owned now by a unified school district, said building is, and will continue to be an "at- tendance facility" within the meaning of that statute, as long as it is owned by the unified school district, and children attend classes therein.

The election to determine whether the number of county commissioner districts will be changed is a general election held on the Tuesday succeeding the first Monday in November on even-numbered years.

The State Board of Education is not granted authority under K.S.A. 72-978(a) to reimburse school districts for travel allowance paid to special education teachers to attend meetings, in-service workshops, special institutes, and other professional meetings. Cited herein: K.S.A. 72-978. * *

Any person lacking a valid certificate to practice psychology in this state who advertises his or her services in the "yellow pages" directory under the directory heading "Psycholo- gists," is subject to prosecution and the imposition of criminal penalties for violation of K.S.A. 74-5340. Such an advertisement constitutes an unlawful representation of a "title or description of services" by which one purports to offer psychological services to the public for a fee. Cited herein: K.S.A. 74-5301, 74-5302, 74-534D.

The Kansas Department of Revenue may reduce or eliminate a taxpayer's donation to the Kansas Nongame Wildlife Improvement Program when the Department has, upon examination of the taxpayer's tax return, reduced the amount of a refund claimed by the taxpayer.

The Kansas Commission on Civil Rights may impose reasonable personnel rules upon its employees, but any such rule may not unreasonably limit a fundamental right of a public employee. The Commission may, in circumstances justifying the same, dismiss an attorney or hearing examiner for violation of a reasonable and constitutional personnel rule, relating to conflict of interest, adopted by the Commission.

K.S.A. 79-319 is applicable only in those cases where a person is about to remove his or her property from the county. It is not applicable in those cases where a taxpayer is about to sell his or her property, or has sold the same. Cited herein: K.S.A. 79-319, 79-1420, 79-1422, 79-2109, 79-2110; L. 1899, ch. 248.

January 12, 1981 ATTORNEY GENERAL OPINION NO. 81- 6 Mr. David W. Kester Director, Legal Services Section Kansas Department of Education 120 East Tenth Street Topeka, Kansas 66612 Re: Schools--Transportation of Students--Misbehavior on School Buses Synopsis: A school district, whi…

The term "revenues" as is found in K.S.A. 12-1743 refers to revenues derived by a city under a lease agreement covering facilities constructed or improved under the Industrial Revenue Bond Law (K.S.A. 12-1740 et seq.). The term "net earnings," as used in K.S.A. 12-1744, refers to revenues received by the city by virtue of such lease agreement.

January 6, 1981 ATTORNEY GENERAL OPINION NO. 81- 2 The Honorable Jack Steineger State Senator, Sixth District State Capitol Topeka, Kansas 66612 Re: - Elections--Official Ballots--Simultaneous Candidacies Synopsis: The legislature has provided for two official ballots for the ele…

January 6, 1981 ATTORNEY GENERAL OPINION NO. 81 - 1 The Honorable W. Edgar Moore State Representative, District 26 1628 E. Sheridan Street Olathe, Kansas 66062 Re: -Agriculture--County Fairs--Annual Levy for Fair Association in Urban Area SynopsisDisbursement of Funds Agriculture…

K.S.A. 1979 Supp. 38-717 imposes a duty on specified classes of persons involved in medical or health-related professions to report suspected cases of physical or mental abuse or neglect which involve children under the age of 18 whom they have examined, attended or treated. The statutory duty would not be imposed in the case where information regarding the suspected abuse was obtained from an indirect source (i.e. a parent or other individual), although the statute does make reporting in such situations discretionary. However, a failure to act, even in situations made discretionary by statute

December 31, 1980 ATTORNEY GENERAL OPINION NO. 80- 970 Mr. Donald C. Ramsay Associate General Counsel College of Health Sciences and Hospital University of Kansas 39th and Rainbow Blvd. Kansas City, Kansas 66103 Re: State Boards, Commissions and Authorities--Behavioral Sciences R…

Under the plain and unambiguous terms of a lease of real property, the City of Herington had no obligation to pay for the lessee's electricity consumed in the operation of a water system used by lessee. The City had a right to receive payment for said electricity, but apparently waived that right. The Tri County Public Airport Authority, to whom the City granted the real property in question, took said property subject to the terms and conditions of the lease, and likewise incurs no obligation for payment of the electricity bills, under said terms and conditions of the lease. "

In the absence of a contractual agreement making alcohol counseling services a part of the consid- eration given a school district's professional employees for their services, a board of education may not expend funds of the district to provide such services.

If a city acquires privately owned property subject to taxation under the authority granted by the Urban Renewal Law, K.S.A. 17-4742 et seq., without complying with the requirements of K.S.A. 1980 Supp. 12-1772, such city cannot use tax increment financing, provided for in K.S.A. 1980 Supp. 12-1770 et seq., to further develop such property. Cited heran: K.S.A. 1980 Supp. 12-1770, 12-1771; K.S.A. 17-4742, 17-4747, 17-4760; L. 1955, ch. 86, §12 [K.S.A. 17-4753, since amended (see L. 1975, ch. 495, §11)], L. 1955, ch. 86, §21.

If a vacancy occurs in the office of county treasurer, K.S.A. 19-504 provides for the filling of that vacancy in the manner prescribed for filling vacancies in the office of member of the house of representatives (K.S.A. 1979 Supp. 25-3901 et seq.). The person so appointed shall hold office for the remainder of the unexpired term and until a successor is elected and qualified, as provided by 19-504.