Kansas AG Opinions, 1977

The levy authorized by K.S.A. 80-1903 may be used only for the operation and maintenance of a fire department which is created and operated by the township board which levies the tax, and may not be used for the pur- chase of fire protection services from other townships or township fire districts. *

If, after the city has adopted subdivision regulations applicable to the area within the three-mile radius around said city, the county determines to adopt sub- division regulations applicable to that area, city regulations continue in force until the county certifies to the city its resolution designating that area for the adoption of subdivision regulations, and until, thereafter, regulations are adopted by the joint com- mittee for subdivision regulation appointed pursuant to K.S.A 12-705a, or a period of not exceeding six months has passed from the date of certification.

Counties may not exercise statutory home rule powers under K.S.A. 19-101a et seq. by resolution adopted jointly with one or more other counties. A county may not by resolution adopted pursuant to K.S.A. 19-101a(b) alter its statutory obligation to support a regional library fixed by K.S.A. 12-1234.

An infirmary of a religious order which falls within the definition of an adult care home must apply for a license from the Kansas State Department of Health and Environment.

April 19, 1977 ATTORNEY GENERAL OPINION NO. 77-130 Mr. Ray A. Neale City Attorney Municipal Building Coffeyville, Kansas 67337 Re: Cities--Officers--Disqualification Synopsis: Under K.S.A. 13-2903, a spouse of a city commissioner may serve as a dispatcher for the city police depa…

Absent express statutory authority, a board of education has no authority to agree with a city to make voluntary payments to the city to defray the costs of a sewage treatment and disposal' facility constructed by the city with the proceeds of a bond issue approved under K.S.A. 12-630.

K.S.A. 1976 Supp. 82a-810a(a) prohibits operation of motor boat on any waters in this state with a motor or other propulsion machinery having a maximum horse- power capability beyond the maximum horsepower of the motor such vessel was designed or intended to accom- modate as reflected by the vessel's "capacity plate." Violations of said act are prosecutable under K.S.A. 1976 Supp. 82a-819(a). * *

Any citizen, whether a resident of this state or of another state, is entitled to access to documents which are public records under K.S.A. 45-201. *

Section 4 of 1977 House Bill 2490 does not confer upon injured persons any right of action against the respon- sible tortfeasor which is in conflict with existing provisions of the Kansas Automobile Injury Reparations Act, K.S.A. 1976 Supp. 40-3101 et seq. *

It is within the constitutional power of the legislature to enact curative legislation, subsequent to the approval of a bond issue for county hospital purposes which is in excess of the statutory authority therefor, to enlarge such authority retroactively and validate bonds previously approved by the voters. The enactment of 1977 Senate Bill No. 459 will not deprive the plaintiffs in Thomas County Taxpayers Association v. Finney, Shawnee County District Court, no. 77-CV-0009, of the opportunity to pursue other issues which have been asserted in that litigation, or in any way deprive plaintiffs

K.S.A. 1976 Supp. 26a-121 provides that it is unlawful for a person not licensed under the Act to practice or offer to practice professional engineering in Kansas. Design of chemical process systems, if performed within this state by one not licensed by this state, violates the statute, regardless of the location of the plant facilities ultimately constructed. *

Contracts for construction of quarters for the Court of Appeals and for temporary quarters for my offices, both to be located in the Supreme Court building under construction, may not be negotiated with the present contractor or contractors employed on the project, but must be let by competitive bids.

The education requirements of K.S.A. 1976 Supp. 40-240a are not on their face arbitrary, capricious or unreason- able, so as to constitute an unconstitutional classifi- cation of agents to which such requirements apply. * *

Under K.S.A. 25-1709, a parent corporation which owns a subsidiary which falls within the class of corpora- tions prohibited from making contributions, but which itself does not carry on any of the businesses or exer- cise any of the privileges recited therein, is not prohibited from making political contributions by virtue of its stock ownership in such covered corporations. Similarly, a corporation which does not carry on any of such named businesses, or exercise any of the speci- fied privileges, is not prohibited from making contri- butions merely by ownership of its stock by a corpora- ti

County general revenue sharing monies and general fund monies may be expended by the Neosho County board of county commissioners for the reconstruction, rebuilding or restoration of the Old Austin Bridge for pedestrian and other limited traffic, notwithstanding the bridge is closed to motor vehicle traffic. The board is under no statutory obligation to vacate county roads leading to the bridge merely because it is not used for vehic- ular traffic, so long as the road is deemed useful and convenient for public travel.

A delay of 72 hours in the transmittal to the governor and secretary of state of the certificate of election by a district convention of a person to fill a vacancy in a public office within 4 days after said convention, rather than within 24 hours, as required by K.S.A. 1976 Supp. 25-3902(f) constitutes substantial compliance with that requirement, and does not void the election conducted at said convention, or require the calling of a new convention. *

Proceeds received by the city from the special city and county highway fund pursuant to K.S.A. 1976 Supp. 79-3425(c) may not be applied to the cost of electric current for the operation of street lighting systems, for such costs are not costs of street maintenance itself. *

The board of county commissioners is authorized to deter- mine the number of persons to be employed in the offices of other county elected offices, to fix their compensa- tion, to prescribe the operating hours for such offices and their personnel, and to prescribe other conditions of employment, such as sick leave policies and rules concerning absenteeism. * *

The compensation prescribed by city ordinance to be paid to the city attorney, which includes both a monthly retainer and an hourly rate of compensation, is subject to withholding for Social Security benefits under K.S.A. 1976 Supp. 40-2302 et seq.

The Uniform Extradition Act is applicable to a seventeen (17) year-old arrested in Kansas on a warrant from another state based on the commission of a crime in the demanding state where seventeen (17) year-olds are considered adults.

Monies from a county road and bridge fund are devoted by law to the construction, reconstruction, improvement, repair and maintenance of roads and bridges, and ac- quisition of rights-of-way, and may not be applied to the construction, operation or maintenance of a county solid waste disposal area.

The county attorney may not receive any compensation from the county for prosecuting tax foreclosure actions in addition to that provided for by county resolution as the salary for said office. *

K.S.A. 21-3515 does not require an actual exchange of consideration between the parties as an element of the offense of patronizing a prostitute. Under K.S.A. 21-3515, a prostitute includes any person who agrees to perform an act of sexual intercourse or any unlawful sexual act for hire, and any person who sol- icits and obtains such agreement from another, in- cluding a police officer acting in an official under- cover capacity, is liable to prosecution for patron- izing a prostitute. Under the Kansas Criminal Code, oral copulation between consenting adults of the opposite sex is not an unlaw

The Board of Accountancy may not extend the period re- quired for the submission of additional education or experience except for those specifically excepted under K.A.R. 74-3-3. *

It is within the statutory home rule powers of a board of county commissioners to adopt and enforce a resolu- tion prohibiting county officers from employing persons in their respective offices who are related to such office holders by specified degrees of relationship. *

If the city manager plan authorized by K.S.A. 12-1001 through -1020 is abandoned, such abandonment is effec- tive upon the date of approval thereof by the voters, pursuant to K.S.A. 1976 Supp. 12-1019. Abandonment of the city manager form of government by a city op- erating under a council form of government is effective sixty days after approval thereof by the voters. *

The legislature is without authority to reduce the territory liable for payment of the principal and in- terest requirements of general obligation bonds of such territory once such bonds have been issued and sold.

March 29, 1977 ATTORNEY GENERAL OPINION NO. 77- 107 Mr. George E. Grist, P.A. City Attorney Suite 408-Bitting Building 107 North Market Wichita, Kansas 67202 Re: Cities and Municipalities--Commencement of Prosecution and Arrest--Complainant Synopsis: Any citizen alleging the comm…

The holder of cereal malt beverage license, which does not also possess a private club license issued by the director of alcoholic beverage control, is precluded from operating the business as a private club since the Cereal Malt Beverage Act requires that such place be accessible to the general public.

March 21, 1977 ATTORNEY GENERAL OPINION NO. 77-1 24 Delma Walcher Register of Deeds Sumner County Courthouse Wellington, Kansas 67152 RE: Taxation - Mortgage Registration Fees - Assignment of Purchase Contract Rights SYNOPSIS: X sells his land to Y under an executory long term pu…

March 21, 1977 ATTORNEY GENERAL OPINION NO. 77-103 Mr. Laurel D. McClellan Wilson County Attorney 430 North Seventh Street Fredonia, Kansas 66736 RE: Taxation - Mortgage Registration Tax - Exemption SYNOPSIS: The mortgage registration fee is a tax upon the debt or obligation secu…

A leasehold interest constitutes real estate within the meaning of K.S.A. 17-550 (1976 Supp.). However, where improvements on the leased land remain personalty, a security interest therein must be perfected by a security agreement and financing statement, rather than by the real estate mortgage which embodies the security interest in the leasehold estate.

The holder of a retail liquor license, who obtained the license for a particular premises prior to the estab- lishment of a school, college or church within two- hundred (200) feet of the business, may remodel the building in which the business is located or destroy the old building and construct a new structure without losing its status as a premises eligible for retail licensing.

March 17, 1977 ATTORNEY GENERAL OPINION NO. 77- 99 Mr. Devon Knoll Director Kansas Adult Authority 818 Kansas Avenue Topeka, Kansas RE: Criminal Procedure - Release Procedures - Parole Eligibility SYNOPSIS: Under former K.S.A. 1971 Supp. 22-3717, an offender less than 21 years of…

Special assessments levied by special operating cost assessment districts authorized by K.S.A. 1976 Supp. 72-8213a are not genuine special assessments which are exempt from Article 11, § 1 of the Kansas Constitution, but are general taxes of the school district in which said special operating cost assessment district is created. The imposition of such so-called special assessments results in an unequal rate of taxation within the taxing district, in violation of that con stitutional problem. *

A city which purchases liability insurance under K.S.A. 74-4716 for its officers and employees, but not for the city itself, does not waive its governmental immu- nity for liability. If the city does purchase such insurance, and allows it to expire by cancellation, lapse of policy, or otherwise, the governmental immunity is restored by operation of law, for said immunity was waived only to the extent of the insurance which said city purchased, and only for the duration of said cover- age. *

The requirement of K.S.A. 1976 Supp. 65-6a31 that custom products be marked "not for sale" does not apply to product slaughtered in an inspected slaughterhouse and processed in a retail store for the use of the owner of said carcass and meat product resulting therefrom.

All property, real or tangible personal property, actually and regularly used for hospital purposes, is exempt, both under Article 11, Section 1 of the Kansas Constitution' and. K.S.A. 1975 Supp. 79-201(b). It is the exclusive use for an exempt purpose that counts, not ownership. *

A contract providing for trade-in allowance, payment of interest, and payment of purchase price of leased property in 36 monthly installments is a lease-purchase agreement which is prohibited by the cash-basis law, K.S.A. 10-1113.

Judges pro tern of Sedgwick County Court of Common Pleas, Probate Court and Juvenile Court during the period of 1974 through 1976 were officers of the respective courts in which they served, receiving compensation therefor from Sedgwick County, and the county is responsible for any withholding of Social Security contributions which may be due on payments made to said judges for their services. *

An enactment which adopted by reference the average interest rate on all new Federal Land Bank loans over the most recent five calendar years as the capitaliza- tion rate for implementation of the use-value constitu- tional amendment respecting agricultural land does not constitute an impermissible delegation of legislative power. *

A "qualified voter" in an election for members of the board of directors of a watershed district organized under K.S.A. 24-1201 et seq. is any qualified elector of the district, i.e., any r e gistered voter of the district, and any person eighteen years of age or over who owns land within the district, whether a registered voter or a resident of the district.

A marshal of a city of the third class has no authority to appoint deputy marshals of such city. Re: Counties--Sheriffs--Deputies Synopsis: K.S.A. 19-805a authorizes the appointment of special deputies only in counties with a population in excess of 100,000, and persons appointed under the authority of this section may receive no payment for services rendered from public funds.

Use of a flat monthly allowance for official travel, based upon travel patterns, past experience, and the like is permissible under K.S.A. 22a-105, as an alterna- tive to maintenance of a daily travel log. * *

Budgeting procedures of watershed districts are not subject to the tax lid requirements of K.S.A. 1976 Supp. 79-5001 et seq.

Proposed Rule 18, being considered for adoption by the Joint Committee on Special Claims against the State, regulating the compensation paid by claimants to at- torneys and other persons representing such claimants before the Committee, goes beyond the authority of the Committee to adopt rules governing its own procedures. Any such regulatory authority must be exercised by valid and constitutional legislative enactment rather than by committee rules which govern only the parliamentary and procedural conduct of business before the Committee.

The fact that a county has initiated countywide ambu- lance service pursuant to K.S.A. 19-261 does not prevent a city in said county from thereafter commencing its own ambulance service and claiming the right to reim- bursement from the county as provided in the cited section. *