Kansas AG Opinions, 1978

An abstaining vote by a member of a school board cannot be counted to constitute .a majority for the purpose of contracting with a teacher. K.S.A. 72- 8202(c) and (d) require that a school board employ a clerk and a treasurer and members who do not com- ply with these requirements are subject to an action in mandamus, ouster from office and personal lia- bility for damages. *

Applicant for registration to practice as a pharmacist in this state must graduate from a school or college of pharmacy or department of a university accredited by the American Council on Pharmaceutical Education and recognized and approved by the Kansas State Board of Pharmacy. *

Personnel, apparatus and procedures followed in the taking of samples of human breath for testing for blood alcohol content for law enforcement purposes, as imple- mented and operational in March, 1976, by the Kansas Highway Patrol are not subject to certification, li- censing and periodic inspection by the Secretary of Health and Environment. *

Pursuant to K.S.A. 12-4210, an arresting police agency may accept from an accused the bond required under the warrant of another municipality and then forward such bond to the issuing municipality by U.S. mail.

March 20, 1978 ATTORNEY GENERAL OPINION NO. 78-138 Mr. Merle R. Bolton Commissioner of Education Kansas State Education Building 120 East 10th Street Topeka, Kansas 66612 Re: Colleges and Universities--Conferring of Degrees-- Regulation Synopsis: Regulation of church-related inst…

March 16, 1978 ATTORNEY GENERAL OPINION NO. 78- 119 Mr. Tim W. Ryan Clay County Attorney 509 Court Street Clay Center, Kansas 67532 RE: Probate Code -- Care and Treatment for Mentally Ill Persons -- Application for Determination of Mentally Ill Persons SYNOPSIS: Pursuant to K.S.A…

Pursuant to K.S.A. 31-137, the chief of any or- ganized fire department of any city must enforce all applicable provisions of K.S.A. 31-132 et seq., and any rules and regulations promulgated pursuant thereto. *

1978 House Bill 2840 provides authority for non-drilling leases to be executed by the State Forestry, Fish and Game Commission. Such authority is permissive only, and does not conflict with the existing authority for oil and gas leases under K.S.A. 74-3315.

The State Bank Commissioner has no power under K.S.A. 9-1715 to authorize a state bank to establish a loan production office on the premises of a detached facility.

The legislature may extend the terms of office of county treasurers elected at the general election in 1976 until the second Tuesday of October of 1981. * *

There is no state official who is empowered to execute a lease of the mineral interests reserved to the State of Kansas in the property known as the Ellsworth Home for the Aged, and which were reserved to the State of Kansas in a deed executed July 1, 1959, by the State Board of Social Welfare conveying said property pursuant to K.S.A. 76-14a03.

1978 House Bill 2102, providing for distribution of monies from the state safety fund to nonpublic schools violates the Establishment Clause of the First Amend- ment of the United States Constitution. * *

A county may not establish petty cash funds for the use of county departments except when and as authorized by specific statutory authority. Statutory county home rule powers may not be used for that purpose, because the use of such funds constitutes a departure from the uniform procedure for the payment of claims and other indebtedness by municipalities, which applies manda- torily and uniformly to all counties.

The 1977 amendment to K.S.A. 12-1908 does not authorize U.S.D. 373 to levy an additional one mill levy for the Newton Recreation Commission. The additional levy authority provided by the 1977 amendment applies only to levies made for the Commission by the city, and not to such levies made by the school district.

The operation of a loan production office by a national bank does not constitute branch banking for the purpose of 12 U.S.C. 36(c) and is therefore allowable for national banks operating in the State of Kansas so long as loans are approved and made at the main bank office.

K.S.A. 72-5440(b) does not authorize the compensation of members of hearing committees serving pursuant to K.S.A. 72-5436 et seq

Payment of unused sick leave is lawful and a proper subject for negotiation pursuant K.S.A. 72-5413 et seq.

The establishment of a fringe benefit pool for teachers is a proper subject for negotiation pursuant to 72-5413 et seq.

Authority for resolving questions concerning the validity of appraisal schedules for farm machinery prescribed by the Director of Property Valuation rests solely with the State Board of Tax Appeals.

Felony murder is not a lesser included offense of first degree murder under House Bill 2863.

March 2, 1978 ATTORNEY GENERAL OPINION NO. 78- 104 Mr. Steven D. Harris Director Kansas Energy Office 503 Kansas Topeka, Kansas 66603 Re: Kansas Energy Office--Powers--Jurisdiction Synopsis: That portion of K.S.A. 1977 Supp. 74-6806 which autho- rizes the governor to declare an e…

K.S.A. 1977 Supp. 3-314 authorizes the issuance of revenue bonds thereunder for the construction of an office building to be located at the Johnson County Executive Airport.

Once the city governing body approves the decision to erect a library building under K.S.A. 12-1225(b), the authority and responsibility to implement and execute that decision, through the execution of contracts and the disbursement of funds therefor, rests solely with the library board. *

In general, the regulatory authority of the Kansas Mined- Land Conservation and Reclamation Board under K.S.A. 49-405, authorizes the adoption of standards necessary to implement the initial regulatory program of the Surface Mining Control and Reclamation Act of 1977. *

1977 House Bill 3095 does not contain provisions re- lating to more than one subject in violation of Article 2, § 16 of the Kansas Constitution. *

A municipality or housing authority in Kansas, organized under K.S.A. 17-2338, et seq., is legally authorized to utilize a nonprofit corporation as its duly autho- rized agency or instrumentality to act on its behalf in the issuance of tax-exempt bonds, the proceeds of which would be used in the construction of housing under the Kansas Municipal Housing Law. *

K.S.A. 80-2128 empowers district hospital board of trustees to issue municipal bonds to pay the cost of medical clinics, as well as, hospitals, dental clinics and emergency medical services. * *

A city is not prohibited from authorizing the issuance of industrial revenue bonds for the construction of a facility to house a nonstock, mutual savings and loan association by reason of any deposit of funds of the city or an agency thereof in such association. *

February 27, 1978 ATTORNEY GENERAL OPINION NO. 78-94 Mr. John Dekker Director of Law Office of Law Department 13th Floor - 455 North Main Wichita, Kansas 67203 Re: Cities--Initiative--Ordinances Synopsis: A proposed initiative ordinance of the City of Wichita provides that the "W…

The taxation scheme proposed in Section 1 Second of House Bill 3096 and Section 1 Second of House Bill 2778 is not in violation of Article 11, Section 1 of the Kansas Constitu- tion as a matter of law.

Payment of a charge assessed by the City of Topeka Water Department, for fire lines, standpipes and fire hydrants deemed necessary to provide adequate water connections and fire protection to structures requiring such equip- ment in excess of the size provided domestic users, as authorized by city ordinance, is within the authority of the State of Kansas for such connections installed and maintained at the State Office Building and at the state building at 503 Kansas Avenue, Topeka, Kansas. *

February 24, 1978 ATTORNEY GENERAL OPINION NO. 78- 91 Rosalee Sprick Register of Deeds Rooks County Courthouse Stockton, Kansas 67669 RE: Uniform Commercial Code - Financial Statements - Fixture Filing - Failure to Name Title Owner of Real Estate - Duties of Filing Officer. SYNOP…

(1) Donations to county hospitals become property of the county subject to control of the board of trustees of such hospital; (2) Boards of trustees have duty and authority to care for county property under its control in businesslike manner; (3) Lawfully available funds of hospital may be expended for care of county property under hospital board's control under certain conditions; (4) Board of truste e s may co-sign promissory notes to secure funds to care for county property under its control; and, (5) Board of trustees may appoint directors to corpora- tion (county property) where such is i

In acting under K.S.A. 19-3631 upon a petition for de- tachment of territory from a fire district organized under K.S.A. 19-3624, the board of county commissioners may exercise its discretion in approving or disapproving any proposed detachment of territory from said district. *

A city may operate its own service program for the el- derly pursuant to K.S.A. 1977 Supp. 12-1680 at the same time that the county in which such city is located also operates its own service program for the elderly under the same provision. However, such a city which operates its own program may not participate in the program oper- ated at the same time by the county, although taxable tangible property in the city remains liable for the levy imposed to support the county property. *

A municipal ordinance granting a cable television fran- chise becomes effective pursuant to K.S.A. 12-2007 rather than K.S.A. 12-2001.

The phrase "other district judges of such judicial district" as used in K.S.A. 1977 Supp. 20-345 refers only to district judges of the district, and does not include associate district nor district magistrate judges. Thus, appointments by the administrative judge of each judicial district of personnel enumerated in that section are subject to the approval only of the district judges thereof, and not to the approval of associate district nor district magistrate judges.

Territory of the Wyandotte County Public Library should not be included in determining the population within the district of the Kansas City, Kansas, Public Library, for determining the amount of the grant-in-aid to which such library is entitled under the State Grants-in-Aid to Libraries Act, K.S.A. 75-2553 et seq. * *

February 21, 1978 ATTORNEY GENERAL OPINION NO. 78- 84 Daniel D. Metz City Attorney 116 South Fourth Street Lincoln, Kansas 67455 RE: Mortgage Registration Tax - Municipal Housing Bonds - K.S.A. 17-2351, 79-201a (Sixth), and 79-3102. SYNOPSIS: The Mortgage Registration Fee law is …

The provisions of House Bill No. 3050 are supported by the decision of the U.S. Supreme Court in California v. LaRue, 409 U.S. 109, 34 L. Ed. 2d 342, 93 S. Ct. 390 (1972). *

In order to authorize the establishment of a county law library under K.S.A. 19-1319, the question must be approved by a majority of all the attorneys residing within the county and admitted to practice in the Kansas courts, and approval merely by a majority of those vot- ing, which falls short of a majority of all those eli- gible to vote, does not authorize the establishment of a county law library under that section.

February 20, 1978 ATTORNEY GENERAL OPINION NO. 78- 81 Mr. Fletcher Bell Commissioner of Insurance Kansas Insurance Department 1st Floor - State Office Building Topeka, Kansas 66612 Re: Motor Vehicles--Insurance--Rights of Action Synopsis: Section 4(a) of 1977 House Bill No. 2490,…

The Kansas Public Television Board has no authority to make grants of state funds to a Council organized to operate a microwave inter- connection system. The Board's statutory authority to allocate such funds extends only to existing public television stations and those educational agencies or institutions eligible to assist in extending service to unserved areas of the state.

A corporation, irrespective of its nonprofit, "quasi- public" status, must secure the required license to conduct its business as a real estate broker in this state. * *

K.S.A. 19-214 requires that all contracts for the erec- tion of county buildings be awarded on a public letting to the lowest responsible bidder. It does not apply, however, to the purchase of an existing structure by the board of county commissioners for county use. No charter resolution is necessary to exempt the transac- tion from the cited statute, accordingly, and purchase of the structure may be authorized by ordinary resolution. *

When the district court reviews the summary of the medical records of an involuntary patient pursuant to K.S.A. 1977 Supp. 59-2917a(a), this review need not be conducted as an adversary hearing.