Kansas AG Opinions — 1980

The legislature has vested broad regulatory authority over public utilities in the State Corporation Commission. Where lawful and reasonable orders, issued by the State Corporation Commission, in compliance with a decision by the Kansas Supreme Court, compel changes in the handling of late payment charges on utility bills, the Woodson County Commissioners must either change their payment date accordingly, or pay the late charges.

A foreign corporation which was previously authorized to do business in Kansas, which authority was cancelled for failure to file an annual report, is not required to reinstate that authority if it has no office or place of business in Kansas, no distributing point in Kansas or does not deliver its wares or products to resident agents in this state for sale, delivery or distribution. Under circumstances as set forth above, the Secretary of State is not required to refund the franchise taxes, or any portion thereof, paid by such corpora- tion during the period of time it was authorized to do bu

Pursuant to K.S.A. 1979 Supp. 12-3402, as amended by section 4 of 1980 Senate Bill No. 824, the cities or counties which create a port authority are not obligated for the debts of the authority, unless such debts are assumed by a majority vote of the electors of the creating cities or counties.

The Register of Deeds is limited by law as to the type of instruments he or she may accept for filing and recording. As there is no statutory authority for the office to record certificates of achievement from professional schools or training clinics, they should not be accepted for filing.

Information contained in Item numbers 116 through 125 of the Kansas Department of Revenue Motor Vehicle Accident Report form which relates to alcohol intake and chemical test results does not constitute a record of arrest, and disclosure of such information is not subject to the provisions of K.S.A. 1979 Supp. 22-4712 which prohibit disclosure of arrests not resulting in conviction. *

Under the authority granted him by K.S.A. 31- 133(a)(1), the State Fire Marshal is authorized to adopt rules and regulations governing the use, possession and handling of explosive materials. The power of the State Fire Marshal to require that anyone using, possessing or loading and firing such materials have a valid permit to do so is necessarily implied by statute, as is the power of that officer to be in charge of the issuance of such permits.

Intangible taxes are payable in the same manner as other personal property taxes and, thus, revenues from imposition of the intangibles tax during calendar year 1980 will be received in December, 1980 and June, 1981. Therefore, the 1981 budget of entities which imposed the intangibles tax during calendar year 1980 should include and make appropriate provisions for such revenues.

The oath required by K.S.A. 75-4308 must be subscribed to by each person who becomes employed by the state or any county, city or municipality therein. As the statute admits to no exceptions, the oath is required for all such employees, regardless of the position or amount of remuneration.

K.S.A. 1979 Supp. 12-822 imposes a statutory obligation on a city which provides utility services generated by facilities owned and operated by said city to credit and pay interest on security deposits collected from its customers.

May 16, 1980 ATTORNEY GENERAL OPINION NO. 80-105 Ernestine Gilliland State Librarian Third Floor, State Capitol Topeka, Kansas 66612 Re: Cities and Municipalities--Libraries--Election of Library District Directors; Notice Required Synopsis: Positions on the board of directors for…

The qualifications to be possessed by a person seeking the office of sheriff, as specified in K.S.A. 1979 Supp. 19-801b, must be satisfied at the time of that person's nomination for such office, i.e., either at the time such person files independent nomination papers or at the time of the primary election where such person is a candidate for nomination. Such qualifications need not be satisfied at the time such person files either a declaration of candidacy or nomination petitions, since neither has the effect of nominating such person for the office, but merely causes such person's name to b

May 13, 1980 ATTORNEY GENERAL OPINION NO. 80-103 The Honorable Michael Crow State Representative, Forty-First District 273-W, State Capitol Topeka, Kansas 66612 The Honorable Ambrose Dempsey State Representative, Forty-Second District 110-N, State Capitol Topeka, Kansas 66612 Re:…

Matters involving specific persons under K.S.A. 75-4319(b)(1) and (5) may be discussed in execu- tive session so long as no binding action is taken. However, investigations and research projects affecting groups of persons generally but not specifically, are not the proper subjects of a closed meeting, unless discussion concerns a subject matter otherwise specifically permitted to be considered in closed or exec- utive session by 75-4319(b).

The occupation of cosmetologist, as defined in K.S.A. 1979 Supp. 65-1902, specifically includes the removal of "superfluous hair from the face or any part of the body." Accordingly, electrolysis and electrology may be practiced by licensed cosmetologists; however, such procedures may not be employed by cosmetologist technicians or "estheticians" who are licensed as cosmetologist technicians. Statutes cited or construed herein: K.S.A. 1979 Supp. 65-1901, 65-1902.

In order to be entitled to vote at irrigation dis- trict elections, K.S.A. 1979 Supp. 42-706(h) requires inter alia that persons be "qualified electors." This has the effect of requiring such persons to be residents of the irrigation district. Thus, in accordance with these statutory provisions, "absentee" ballots cast at an irrigation district election by persons who are owners of irrigable land in the district, but who are non-residents of Kansas, should not be counted.

A school district may issue bonds for the purpose of constructing new school facilities or improving existing facilities only after an election approving the issuance is held pursuant to K.S.A. 72-6761. If adequate notice is provided as to the amount of the bonds and the purpose for which they are to be issued, it is immaterial that the final building plans differ in degree from those proposed by a pre-election brochure, as long as the basic purpose remains the same as that approved by the voters.

Absent express statutory authority a board of education may not donate school funds for the purpose of either helping a municipal govern- ment pay for the repair or maintenance of facilities owned by the latter or helping a civic organization undertake the same functions. However, a lease agreement with the city for the use of such facilities is permitted by K.S.A. 1979 Supp. 72-8225, and the payment of maintenance or other expenses (including repairs) may be included in such lease.