Kansas AG Opinions, 1979

Pursuant to K.S.A. 2-219, the Board of State Fair Managers may enter into a contractual agree- ment with the City of Hutchinson, Kansas, whereby said city is granted a license to construct, maintain, and use a surfaced roadway across the fairground property.

The procedure prescribed by K.S.A. 1978 Supp. 22-4704 for the adoption of rules and regulations by the Director of the K.B.I. in connection with criminal history record information does not conflict with the provisions of K.S.A. 77-415 et seq., prescribing the general procedure for promulgation of administrative rules and regulations; nor does it represent a separate and exclusive procedure. Thus, rules and regulations adopted by the Director to implement K.S.A. 1978 Supp. 22-4701 et seq. must comply with the provisions of K.S.A. 1978 Supp. 22-4704 and K.S.A. 77-415 et seq.

As stated in Attorney General Opinion No. 78-188, the assessment required by K.S.A. 1978 Supp. 74-5612 constitutes a fine and is not subject to the legal constraints against use of fees as general revenue sources. Such assessment is to be imposed by a state or municipal court in addition to such court's imposition of a fine or forfeiture of bail for criminal law violations. In determining the amount of such assessment, court costs incurred in connection with such other fine or forfeiture are not to be considered.

K.S.A. 1978 Supp. 44-1204, prescribing the payment of overtime compensation, is applicable to county employees, although its specific applicability to personnel in the sheriff's department depends on whether such personnel are engaged in law enforcement activities and whether part-time personnel are "employees" entitled to overtime compensation, by virtue of K.S.A. 1978 Supp. 44-1202(e)(6) and (h). *

Students attending an accredited independent institution, as defined by K.S.A. 72-6107(e), and otherwise eligible for student aid under K.S.A. 72-6107 et seq., are eligible for tuition grants thereunder regardless of the religious policy of the institution. *

The hospital board may not purchase or construct a medical clinic using funds derived from a bond issue or tax levy; however, funds derived from other sources, not otherwise restricted, may be used to construct a medical clinic without an election.

In accordance with its Charter Ordinance No. 3A, the City Council of Haysville is obliged to entertain an appeal from an aggrieved city employee who has satisfied all preliminary requirements thereto in the grievance procedure prescribed by Section V of the Employees' Handbook, pursuant to its amendment by the city's Resolution No. 78-4.

The Legislature's Joint Committee on Administrative Rules and Regulations has authority to introduce legislation relative to its function of reviewing administrative rules and regulations, but such authority is not restricted to the introduction of legislation modifying, rejecting or revoking said rules and regulations.

March 30, 1979 ATTORNEY GENERAL OPINION NO. 79-43 Mr. Olin K. Petefish Attorney at Law Petefish, Curran and Immel 643 Massachusetts Street Lawrence, Kansas 66044 Re: Schools--Boards of Education--Closing Schools Synopsis: It is the manifest legislative intent that the term "city …

March 28, 1979 ATTORNEY GENERAL OPINION NO. 79- 42 Mr. William M. Malcolm Clay County Attorney Clay Center, Kansas 67432 Re: Automobiles and Other Vehicles--Drivers' Licenses--Habitual Violators Synopsis: The district court proceeding under K.S.A. 1978 Supp. 8-290(b), requiring a…

A board of county commissioners may exercise its powers of home rule granted by K.S.A. 1978 Supp. 19-101a to call and hold an advisory election, so long as such election (1) is for a public purpose and (2) is held independently of any election that is constitutionally or statutorily authorized or required.

The governing body of any city may by ordinance annex state-owned property without prior consent of the State of Kansas. However, should the City of Hays so desire, it may annex the Frontier Historical Park without formal resolution and public hearing required by statute, by obtaining the consent of the custodian of the state property, the secretary of the State Historical Society, subject to approval of the State Board of Regents.

Any person who engages in the business of electronic truth verification must be licensed as a private detective pursuant to K.S.A. 75-7b01 et seq. A law enforcement officer is prohibited by K.S.A. 75-7b02(c) from being licensed as a private detective. *

The owner or owners of farm storage and drying equipment which is exempt from all property or ad valorem taxes levied under the laws of the state of Kansas pursuant to K.S.A. 1978 Supp. 79-201d, Third, must claim such exemption on or before March 1 of each year subsequent to 1978, in order to establish or maintain the exempt status of such property. If no claim for exemption has been filed by March 1, the assessing officer of the appropriate county is required to list and value such property for assessment and taxation.

Highway Patrol officers and other police officers are not officers of the court within the context of K.S.A. 1978 Supp. 74-5612(a). However, when- ever any such officer is furnished an appearance bond pursuant to K.S.A. 1978 Supp. 8-2107, such officer also is required by K.S.A. 1978 Supp. 74-5613 to collect the appropriate assessment specified in K.S.A. 1978 Supp. 74-5612(a).

The expense involved in the preparation of a transcript required by K.S.A. 22-3210(5) is properly a part of the costs of the criminal proceeding.

Weapons which have been used in the commission of a crime and are no longer required as evidence may be sold by order of the court having jurisdiction of the weapons without placing the weapons for sale at public auction.

K.S.A. 19-805 authorizes a sheriff to appoint a deputy for the limited purpose of serving civil process.

Article 14, Section 1, of the Kansas Constitution limits the power of the legislature to submit propositions for the amendment of the Constitution. If enacted, 1979 Senate Bill No. 66, as amended by Senate Committee of the Whole, would be an exercise of legislative power in excess of such limitation, by requiring that each such proposi- tion be accompanied on the ballot by an explanatory statement as to the intent and purpose of such proposition.

Even though the provisions of K.S.A. 1978 Supp. 75-3741(b), relating to identification of sub- contractors in a general contractor's bid, is [sic] phrased with plural words and terms, it is the manifest legislative intent that a general con- tractor is required by these provisions to list a single electrical subcontractor and a single mechanical subcontractor. The bid submitted by the low bidder on the Grace Wilke Hall remodelling project at Wichita State University was in compliance with said statutory provisions.

The provisions of 1979 House Bill No. 2205 which provide for the total exemption of certain property from taxation do not violate Article 11, Section 1, of the Kansas Constitution. How- ever, the provisions of said bill which provide for "partial exemptions" for such property, during the first four years said exemptions are to be effective, do not constitute a uniform and equal rate of assessment and taxation and are violative of said constitutional provisions.

Successful bids on all projects comprising a single bond issue proposition must be received and accepted before work on any one, single project can be commenced.

Article 11, Section 9 of the Kansas Constitution precludes the State Historical Society from disbursing federal funds to a private individual for the rehabilita- tion or renovation of an historic building or site, where such funds are appropriated by the legislature for such purpose and such building or site is used primarily in connection with a commercial enterprise.

The practice of closing the office of city clerk several days prior to the deadline for filing declarations of candidacy for elective city offices potentially operates to deprive otherwise qualified persons of their statutory right to seek election to city office, and where the closing of the city clerk's office prevents a potential candidate from filing a declaration of candidacy, it also would con- stitute a breach of the city clerk's statutory duty to receive, record and transmit the same to the county election officer.

There is no statutory expression of legislative intent that local boards of education are immune from zoning regulations promulgated by county zoning authorities. Such legislative intent must be inferred by application of the "balancing of interests" test stated in Brown v. Kansas Forestry, Fish and Game Commission, 2 Kan. App. 2d 102 1978), with such test to be applied initially by local zoning authorities. If this initial decision is arbitrary or unreasonable in balancing the respective interests of the local board of education and the county, such decision may be overturned on review by the

The office of county attorney and city attorney are not incompatible as a matter of law. However, should a situation develop where an attorney holding both offices is confronted by a conflict of interest in representing both municipalities, such offices would be incompatible, and the attorney would be precluded as a matter of law from serving simultaneously in both positions.

March 7, 1979 ATTORNEY GENERAL OPINION NO. 79- 26 Mr. Jerry G. Larson Pawnee County Attorney Pawnee County Courthouse Larned, Kansas 67550 Re: Counties and County Officers--Home Rule Powers--Budget Law Limitations on Use of Proceeds from Sale of County Farm Synopsis: The Board of…

February 28, 1979 ATTORNEY GENERAL OPINION NO. 79- 24 Honorable W. E. Schaiff, Mayor City of Columbus 300 East Maple Columbus, Kansas 66752 Re: Counties and County Officers--County Commis- sioners--Contracts to Provide Ambulance Service Synopsis: A board of county commissioners h…

It is constitutionally permissible for the legislature to define statutorily an "open saloon," so as to authorize the sale of alcoholic liquor by the drink in private clubs licensed and regulated pursuant to K.S.A. 41-2601 et seq. A statutory defini- tion of "open saloon that excludes such private clubs from its purview would not be in deroga- tion of or circumvent the mandates of Article 15, Section 10 of the Kansas Constitution, as the prohibitory provisions thereof have been con- strued by the Kansas Supreme Court in State ex rel Schneider v. Kennedy, 225 Kan. 13 (1978).

K.S.A. 12-4213 provides that if a person has not posted bond, or appeared before the municipal court within twelve hours after being arrested, that person shall be released on his or her own personal recognizance to appear at a later date. Dear Mr. Karstetter:

The Legislative Post Auditor may obtain access to records in the custody of community junior colleges which constitute "education records," as defined in 20 U.S.C. S1232g, the Family Educational Rights and Privacy Act of 1974, without obtaining consent of the eligible students or parents. The provisions of said federal statute do not constitute a specific prohibition imposed by federal law that precludes such access under K.S.A. 1978 Supp. 46-1106(g). *

Special education paraprofessionals, to whom a board of education can reasonably expect to pay more than one thousand dollars ($1,000) for their services, must have a written employment contract.

The cost of preparing a transcript of a preliminary hearing for an indigent defendant is to be considered an expense of the defense and is in turn subject to K.S.A. 1978 Supp. 22-4507. Dear Mr. Oakleaf:

The provisions of 1972 House Concurrent Resolution No. 1155 (L. 1972, ch. 388), by which the Kansas Legislature ratified the proposed Equal Rights Amendment to the U. S. Constitution do not manifest a legislative intent that such ratification be con- tingent upon ratification of the proposed amendment by the required three-fourths majority of the states by the original deadline therefor established by Congress. Irrespective of any such legislative intent, the validity of a state's contingent ratification of an amendment to the U. S. Constitu- tion can be determined only by Congress. *

February 12, 1979 ATTORNEY GENERAL OPINION NO. 79- 16 Ms. Patricia Ridenour City Attorney City of Cimarron Cimarron, Kansas 67835 Re: Crimes and Punishments -- Crimes Against Property -- Giving a Worthless Check. Synopsis: K.S.A. 21-3707 (giving a worthless check) would permit pr…

The Crime Victims Reparations Board may award reparations for claims filed with the Board on or after July 1, 1978 based upon injury or death which occurred on or after July 1, 1977 if the claim made with the Board is within one year of the injury or death. * *

February 12, 1979 ATTORNEY GENERAL OPINION NO. 79- 14 Mr. Melvin M. Gradert County Counselor Harvey County Newton, Kansas 67114 Re: Counties and County Officers -- Jails -- Medical Care of Prisoners Synopsis: A County is responsible for the expense of medical care provided to an …

February 8, 1979 ATTORNEY GENERAL OPINION NO. 79- 13 Mt. Michael L. Baughn Councilman P.O. Box 216 Brewster, Kansas 67730 Re: Counties and County Officers -- Jails -- Housing City Prisoners in County Jails. Synopsis: K.S.A. 19-1930 authorizes and requires a county to house city p…

February 7, 1979 ATTORNEY GENERAL OPINION NO. 79- 17 Mr. Laurence E. Martin Sheriff of Marshall County Marysville, Kansas 66508 Re: Laws, Journals and Public Information -- Records Open to Public -- Official Public Records Open to Inspection. Synopsis: Law enforcement agencies ar…

A former insurance company employee does not have an interest in an insurance company within the meaning of K.S.A. 40-110, when such employee is merely eligible to receive pension benefits from a trust fund established under the insurance company pension plan administered by an independent trustee.

Counties are authorized pursuant to K.S.A. 19-15,114 et seq. to acquire a site for, construct and equip a television translator station. *

The authority granted unified school districts pursuant to K.S.A. 72-8801 et seq., as amended, authorizes only one annual tax levy for five years at a rate of four mills upon all assessed taxable tangible property within the district. Bond authority, granted as an alternative, but subject to enabling resolution, cannot be used to exceed either the four mill or five year limitation. * *

January 5, 1979 ATTORNEY GENERAL OPINION NO. 79- 6 Mr. Fred C. Purvis County Appraiser Cherokee County Courthouse Columbus, Kansas 66725 RE: Taxation of Motor Vehicles - Proration - Where Seller of Motor Vehicle Prior to September 1 Fails to Notify County Officials of Sale Until …

January 5, 1979 ATTORNEY GENERAL OPINION NO. 79- 11 Mr. Stephen W. Boyda Marshall County Attorney Post Office Box 207 Marysville, Kansas 66508 Re: Counties--Benefit Districts--Assessments Synopsis: In creating a benefit district for the improvement of a road commonly known as thi…

The Kansas State Grain Inspection Department is authorized and directed to enter into contracts and agreements necessary to co-operate with fed- eral agencies to make procedures uniform in exa- mining grain and grain warehouses. Where Kansas laws impose special duties or requirements, which appear to conflict with the federal agency suggested contract, effort should be made to work out language to permit agreed exceptions. If this cannot be done, then the Kansas legis- lature should be informed of the problem and asked to consider an amendment to the laws. *

January 4, 1979 ATTORNEY GENERAL OPINION NO. 79- 4 Lyndus A. Henry County Counselor Johnson County Courthouse Olathe, Kansas 66061 RE: Mortgage Registration Tax - Home Association Annual Dues - Provision that Unpaid Dues Become a Lien - Definition of Debt. Agreements for Unaccrue…

The obligations assumed by the Metropolitan Topeka Airport Authority in the form of assurances given and covenants entered into as a part of a grant agreement authorizing a grant award to the Authority by the Federal Aviation Administration or other appropriate federal agency constitute "liabilities" within the meaning of that term as it appears in K.S.A. 1978 Supp. 27-336. * *