Kansas AG Opinions, 1975

A city may not by charter ordinance exempt itself from section 3 of 1975 House Bill 2525 so as to impose different and other occupational or other license taxes or fees than provided in that section.

The Secretary of Corrections possesses the necessary enforcement authority to prevent any person from being incarcerated in an unsanitary or unsafe de- tention facility, including the power to close particular facilities and to transfer the inmates housed therein to other places of confinement. Dear Mr. Raines:

Any levy authorized by the voters under K.S.A. 1974 Supp. 12-1680 at an election held after July 1, 1974, and before July 1, 1975, and made after July 1, 1975, is exempt from the aggregate levy limitations of K.S.A. 1974 Supp. 79-5001 et seq.

The affirmative vote of a majority of a quorum is sufficient to elect officers of a board of education, and the use of secret ballots in such elections is prohibited. *

Interlocal agreements between boards of education relating to educational services pursuant to K.S.A. 1974 Supp. 12-2904 as amended by 1975 House Bill No. 2381 are subject to approval by both the State Board of Education and the Attorney General. *

Under K.S.A. 1974 Supp. 79-3603(p), the developing of film into pictures is a service which is subject to the Kansas sales tax. When film is developed outside the state of Kansas, and subsequently returned to a Kansas user, that transaction is subject to the Kansas Compensating Tax. A retailer doing business in the state of Kansas is required to collect the Kansas Compensating Tax from the Kansas user. *

The election of the president of a board of education pursuant to K.S.A. 1974 Supp. 72-8202 must be held at an open meeting and may not be conducted by secret ballot.

The president of the council of a city of the second class may not, in the absence of the mayor, but while said office is not vacant, appoint persons to city office, under the or- dinances of the City of Chetopa, Kansas. * *

Cities of the third class may vacate streets, avenues, alleys and lanes by ordinance under K.S.A. 15-427, which authority is not impaired by the authority of the board of county commis- sioners to vacate property upon petition by the city governing body under K.S.A. 1974 Supp. 12-504. *

State and federal agencies may impose solid waste disposal requirements on Indian reservations.

January 29, 1975 Opinion No. 75- 29 Mr. Ellsworth E. Crowley Executive Secretary State Board of Engineering Examiners 12th Floor - 535 Kansas Avenue Topeka, Kansas 66603 Dear Mr. Crowley: We have your letter requesting our opinion concerning the interpretation of K.S.A. 58-201 (S…

Nothing in this section of the Kansas general conflict of interest act prohibits an individual who is elected to and serving upon a board of education of a unified school district and who is also a practicing psychologist from accepting professional referrals to his private practice by local school authorities. * *

Lincoln National Career Development Corporation must, under the facts and circumstances set forth herein, be licensed under K.S.A. 44-401 et seq. to operate in the State of Kansas.

A county proposing to construct sewer facilities wholly on county-owned property need not, as a legal prerequi- site to such construction, organize a district therefor pursuant to K.S.A. 19-2704 et seq. when the costs of construction and maintenance of said sewer are to be borne entirely by general fund revenues.

K.S.A. 12-1904 does not authorize the calling of a special election on the question of establishing a supervised recreation system thereunder, and such question may be submitted only at the next regular or special city or school election which is held more than 30 days after the filing of a petition for establishment of a recreation program thereunder.

A recreation commission organized under K.S.A. 12-1901 et seq. has no authority to issue revenue bonds to finance construction of a building.

The Safe Drinking Water Act does not prevent the state from requiring fluoridation of drinking water, so long as the amount of fluoride added does not cause the max- imum contaminant level specified by national primary drinking water regulations to be exceeded.

The board of trustees of fire districts organized under K.S.A. 19-3601 et seq. may not appoint persons other than the county clerk and county treasurer to serve as secretary and treasurer, respectively, of said districts.

The Pooled Money Investment Board is without authority to negate contracts lawfully entered into by other state agencies relative to state funds coming under Board's jurisdiction prior to the final performance date for such contracts. *

A school superintendent is not prohibited by K.S.A. 1974 Supp, 75 ,-4304 from leasing real property which he owns to the board of education for school purposes.

Kansas community junior colleges may pay dues or membership fees in the North Central Association of Colleges and Secondary Schools and Jayhawk Junior College Conference, and not in Association of Community College Trustees, North Central Council of Junior Colleges, and American Association of Community and Junior Colleges.

January 27, 1975 Opinion No. 75- 28 Mr. Leonard McAnarney Lyndon, Kansas 66451 Dear Mr. McAnarney: In regard to your letter of January 13, 1975, concerning the validity of a city ordinance establishing a speed limitation on a state or federal highway connecting link, K.S.A. 68-40…

Members of the Kansas Civil Rights Commission may be paid only for attendance at meetings of the Commission and of duly authorized subcommittees, and not for other time spent in the performance of official duties. *

A 1954 order of the board of county commissioners excluding and vacating described land from a city pursuant to K.S.A. 12-504 operates to cancel the plat of said vacated and excluded land, and any new plat of said land must be approved by the city planning commission prior to filing. * * Dear Mr. Stough:

A servicemark which so resembles a mark previously used in this state and not abandoned as to be likely to cause confusion or mistake or to deceive, when applied to the services of the applicant, is ineligible for registration under K.S.A. 81-112.

A member of a district judicial nominating commission is a public officer as defined by K.S.A. 1974 Supp. 75-4301.

June 30, 1975 Opinion No. 75- 275 Mr. Alvin F. Grauerholz City Commissioner of Coffeyville 716 Maple Street Coffeyville, Kansas 67377 Dear Al: You inquire, first, whether the assistant chief of police of the City of Coffeyville is subject to the statutes applicable to the Civil S…

June 30, 1975 Opinion No. 75- 274 Mr. Richard Ebersole City Attorney of Belle Plaine 104 South First Mulvane, Kansas 67110 Dear Mr. Ebersole: As city attorney for the City of Belle Plaine, you inquire, first, whether industrial development funds may be used to build recreational …

June 30, 1975 Opinion No. 7 5- 273 Mr. Arthur Gabriel Kansas Banking Commissioner 818 Kansas Avenue Topeka, Kansas 66612 Dear Commissioner Gabriel: You advise that a question has arisen in the Kansas banking com- munity concerning an amendment to K.S.A. 9-1405 by section 24 of Ho…

June 30, 1975 Opinion No. 75- 272 Mr. Tom Smyth Attorney at Law 103 South Iowa Ness City, Kansas 67560 Dear Mr. Smyth: I write to supplement our recent opinion to you, No. 75-256, concerning the necessity that Ness County Hospital District No. 2, organized and operating under K.S…

June 30, 1975 ATTORNEY GENERAL OPINION NO. 75- 271 Mr. Larry R. Mears Atchison County Attorney County Courthouse Atchison, Kansas 66002 Dear Mr. Mears: You inquire concerning the length of time that a police department is required to keep records and reports of misdemeanor and fe…

June 30, 1975 Opinion No. 75 - 270 Mr. David K. Duckers Assistant City Attorney Thompson & Duckers 827 Armstrong Avenue Kansas City, Kansas 66101 Dear Mr. Duckers: As Assistant City Attorney for the City of Tonganoxie, a city of the third class, you inquire concerning the authori…

January 27, 1975 Opinion No. 75- 27 Mr. Louis J. Krueger, Director of Architectural Services Department of Administration 12th Floor State Office Building Topeka, Kansas 66612 Dear Mr. Krueger: You have asked whether a combination of frame ties and over-the-top ties, which meet t…

June 24, 1975 Opinion No. 75- 269 The Honorable Robert Whittaker State Representative Augusta Plaza Augusta, Kansas 67010 Dear Representative Whittaker: You inquire concerning a practice of Beech Aircraft Company, whereby a company nurse is dispatched to visit the homes of employ…

June 30, 1975 ATTORNEY GENERAL OPINION NO. 75-268 Mr. George A. Palmer Coffey County Probate Judge Coffey County Courthouse Burlington, Kansas 66839 Dear Judge Palmer: K.S.A. 28-110 provides in pertinent part: "The sheriffs of the several counties in the state shall charge for th…

June 25, 1975 Opinion No. 75- 267 The Honorable Robert F. Bennett Governor of Kansas 2nd Floor - State Capitol Building Topeka, Kansas 66612 Dear Governor Bennett: You advise that you have recently received an application for a notary public commission from an individual who is a…

June 25, 1975 Opinion No. 75- 266 Mr. Philip E. Winter Assistant Lyon County Attorney Lyon County Courthouse Emporia, Kansas 66801 Dear Mr. Winter: K.S.A. 1974 Supp. 28-126 states thus: "No person holding any office or appoint- ment under any county, city or other municipality sh…

June 25, 1975 Opinion No. 75- 265 Mr. Henry Mudge-Lisk Assistant Regional Director Office of Human Development Department of Health, Education, and Welfare 601 East 12th Street Kansas City, Missouri Dear Mr. Mudge-Lisk: The 1975 Kansas Legislature enacted House Bill 2543, section…

June 27, 1975 Opinion No. 75 -264 Mr. Robert I. Nicholson Miami County Attorney Miami County Courthouse Paola, Kansas 66071 Dear Mr. Nicholson: You advise that a local attorney has presented an affidavit to the Miami County Register of Deeds, which recites that a contract for the…

June 27, 1975 Opinion No. 75 - 263 Mr. Larry R. Mears Atchison County Attorney Atchison County Courthouse Atchison, Kansas 66002 Dear Mr. Mears: You advise that recently suit was filed in the Atchison County District Court against defendants styled as the "Board of County Commiss…

June 27, 1975 ATTORNEY GENERAL OPINION NO. 75- 262 Thomas C. Lysaught County Counselor 511 Huron Building Kansas City, Kansas 66101 RE: Ratio Study Questionnaire Conflict between H.B. 2254 and K.S.A. 1974 Supp. 79-1436, 1442. Dear Mr. Lysaught: We have your letter of June 20, 197…

June 27, 1975 Opinion No. 75- 261 'Mr. Sherman A. Parks, Attorney Office of Secretary of State The Statehouse - 2nd Floor Topeka, Kansas 66612 Dear Mr. Parks: You inquire concerning certain aspects of K.S.A. 17-1301 et seq., as those provisions relate to cemetery corporations. Fi…

June 24, 1975 Opinion No. 75 - 260 Mr. H. Scott Beims Assistant City Attorney City of Atwood Atwood, Kansas 67730 Dear Mr. Beims: K.S.A. 1974 Supp. 65-3410(a) states in pertinent part thus: "On or before the first day of July of each calendar year, the board of county commissione…

January 27, 1975 Opinion No. 75- 26 Mr. Robert L. Earnest City Attorney Post Office Box 112 Russell, Kansas 67665 Re: Restricted drivers license, K.S.A. 1974 Supp, 8-237 2(3) Dear Mr. Earnest: This is in reply to your letter of October 30, 1974, inquiring as to our interpretation…

June 23, 1975 ATTORNEY GENERAL OPINION NO. 75- 259 The Honorable Joan Finney State Treasurer 1st Floor, 535 Kansas Building Topeka, Kansas 66603 Dear Mrs. Finney: This is to advise you that it is the opinion of this office that the following accounts meet the requirements for "cu…

June 26, 1975 Opinion No. 75- 2s8 Mr. Donald E. Martin City Attorney of Kansas City Ninth Floor - Municipal Office Building One Civic Center Plaza Kansas City, Kansas 66101 Dear Mr. Martin: Prior to amendment by 1975 Senate Bill 570, K.S.A. 13-1253 provided in pertinent part thus…