Kansas Attorney General Opinions

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.

Membership on the board of directors of a city library established in a city of the first class pursuant to K.S.A. 12-1218 et seq. constitutes holding a city office. Thus, by virtue of the prohibitory provisions of K.S.A. 13-2903, any such member who is related by blood or marriage to the mayor or commissioner of such city is dis- qualified from serving on said library board.

Dissemination of data pertaining to violations of traffic laws and ordinances is not prohibited by the Kansas Criminal History Record Information Act (K.S.A. 1978 Supp. 22-4701 et seq.). The "Narrative" section of the Kansas motor vehicle accident report form is not exempt from public inspection, but rather is open for public inspection in accordance with K.S.A. 8-1611(b). The Legislature's passage of 1979 House Bill No. 2034 limits the dissemination of arrest-citation data contained in motor vehicle accident reports and necessitates modification of public inspection procedures described in At

Counties are subject to the provisions of The Minimum Wage and Maximum Hours Law (K.S.A. 1978 Supp. 44-1201 et seq.).

Snowmobiles may be lawfully operated on public streets and highways of this state only under the extremely limited and exceptional circumstances prescribed by K.S.A. 8-1585, and if the operation of such vehicles is so restricted, registration thereof under the state's vehicle registration laws is not required.

Local authorities may disclose records of vital statistics only where there is a law authorizing such disclosure, and, in the absence of such a law, no disclosure thereof to the general public is permissible.

The term "ex officio," as applied to the holding of an office, is not a term of limitation, merely of qualification, and an ex officio member of any body is one who is a member by virtue of his title to a certain office. Thus, in the absence of any limiting or qualifying language in the relevant statutes, ex officio members of a municipal or regional library board have the same rights, privileges, powers and duties as members appointed to either board.

Retail sales transactions by which electricity, gas, intrastate telephone and telegraph services and other utility services are furnished to local residents, are subject to a local retailers' sales tax where such tax is imposed. Such trans- actions shall be subject to the City of Merriam's retailers' sales tax, when said tax becomes effec- tive on July 1, 1979.

The provisions of K.S.A. 1978 Supp. 13-1806 require that a vacancy occurring in the office of city commissioner be filled by the remaining commissioners selecting a successor to serve until the next city general election. Even though said statute is silent as to the election procedure to be followed where such vacancy occurs during a term of office that otherwise would not have expired at such election, the apparent underlying legislative intent is that, at said election, the qualified electors of the city elect a successor to fill the balance of the unexpired term.

Medical records contained in the Kansas Historical Society's collections for historical purposes must be open to public inspection in spite of the fact that such records are identifiable to the patient involved.

The governing board of a community mental health center has no authority to borrow money from a financial institution to purchase or construct a building.

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. *

Because a county assessor is required to consider the factors enumerated in K.S.A. 79-503 in assessing property for taxation, documents, such as the assessor's field notes, which tend to show whether these factors were in fact considered in making an assessment, would be properly discover- able by a protesting taxpayer in an action under K.S.A. 79-2005.

Personnel of a private security agency are not law enforcement officers within the meaning of the Kansas Code of Criminal Procedure or the Code of Procedure for Municipal Courts. The enforcement powers of such personnel are limited to the authority vested in pri- vate persons for the enforcement of state laws and city ordinances.

The governing body of a city may voluntarily create a disaster relief agency to cooperate and coordinate with state and county agencies; however, in the event that a disaster should occur, the authority of the county or inter- jurisdictional agency would control the activities of the voluntary city agency.

An apprentice barber whose certificate of registration expired on December 31, 1973, cannot be required to successfully complete a re-examination as a condition precedent to renewal of his certificate of registration.

A hospital, doctor or medical clinic may not place a lien on a reparations award except as permitted by K.S.A. 1978 Supp. 74-7313(d); how- ever, a hospital, medical center or doctor may take an assignment of a reparations award, but to the extent that the award is for a loss accruing in the future, such medical providers may only accept the assignment to the extent that "the benefits are for the cost of products, services or accommodations necessitated by the injury or death on which the claim is based and are provided or to be provided by the assignee." K.S.A. 1978 Supp. 74-7313(e).

Pursuant to K.S.A. 1978 Supp. 12-192(0(1), only those taxes levied for funds, either general or special, of the county or a city located therein are to be considered in determining the distribu- tion of revenues earned from a countywide retailers' sales tax. Taxes levied to provide funds for other governmental units authorized to impose taxes are not to be included.

May 15, 1979 ATTORNEY GENERAL OPINION NO. 79- 83 Nick A. Tomasic, Esq. District Attorney 29th Judicial District Wyandotte County Courthouse 710 North 7th Street Kansas City, Kansas 66101 Re: Criminal Procedure -- Commitment of Persons Acquitted Because of Insanity to State Securi…

A board of education has no authority to expend school funds for the purpose of constructing, maintaining or repairing diagonal parking facilities along a city street. A board of education may, however, expend school funds to construct, maintain and repair entrances to provide ingress and egress to and from such city streets to a school parking lot.

A city of the second class may, by charter ordinance, create a Police and Fire Commission to provide comprehensive and continuing supervision of the city police and fire departments.

May 4, 1979 ATTORNEY GENERAL OPINION NO. 79- 80 Mr. David K. Clark Altoona City Attorney 609 Monroe Fredonia, Kansas 66736 Re: Cities and Municipalities -- Ordinances -- Payment of Utility Bills Synopsis: An ordinance imposing liability for the payment of all charges for electric…

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. * *

Inspection reports of the Board of Cosmetology are not "official public records" within the meaning of K.S.A. 1978 Supp. 45-201, governing disclosure of public records, and need not be made available for public inspection, although the Board may allow inspection if it so desires. *

Pursuant to K.S.A. 79-1412a, Seventh, and Article 11, Section 1, of the Kansas Constitu- tion, a county appraiser may not demand a list of specific operating expenses from all oil and gas producers located in a county. However, the county appraiser may investigate and verify actual cost data where the tax- payer's oil and gas assessment rendition does not utilize median operating costs shown in the 1979 Oil and Gas Appraisal Guide, or where the county appraiser has any reason to suspect fraud or misrepresentation.

Although the primary responsibility for the preservation of peace and the apprehension of persons suspected of violating the law is vested in the sheriff, the county attorney is the state's law officer and official relator in his county in respect to all matters of public concern where the state is or should be a participant in litigation. In order to fulfill the duties prescribed by statute the county attorney is authorized to obtain all available infor- mation regarding all criminal activities obtained by law enforcement agencies within the county. *

After an investigation and finding of reasonable grounds to believe abuse or neglect exists with regard to a child residing in a facility licensed pursuant to K.S.A. 1978 Supp. 65-501 et seq., the Secretary of Social and Rehabilitation Services may disclose the contents of such records and reports of child abuse and neglect to the Secretary of Health and Environment.

May 2, 1979 ATTORNEY GENERAL OPINION NO. 79- 75 Mr. Michael J. Davis General Counsel University of Kansas 227 Strong Hall Lawrence, Kansas 66045 Re: State Institutions -- State Educational Institutions -- Campus Police Officers Synopsis: K.S.A. 76-726 grants general police powers…

May 1, 1979 ATTORNEY GENERAL OPINION NO. 79-74 The Honorable Merridy Pratt Treasurer of Edwards County Kinsley, Kansas 67547 Re: Registration of Vehicles--Collection of Fees-- Disposition of Moneys from Special Fund of County Treasurer Synopsis: The county treasurer may not pay b…

The application for a cigarette vending machine operator's master license is not an "official public record" within the meaning of K.S.A. 1978 Supp. 45-201, which governs disclosure of public records. Thus, the director of taxation need not make said application available for public inspection.

The Fish and Game Commission has authority pursuant to K.S.A. 74-3315 to enter into non-drilling oil and gas leases of land held by the Commission where such leases are for the purpose of producing oil and gas.

The director, agents and designated employees of the Alcoholic Beverage Control Division of the Department of Revenue are "law enforcement officers" within the meaning of K.S.A. 1978 Supp. 38-805c; therefore, such personnel are entitled to juvenile arrest/apprehension reports regarding illegal alcoholic beverage transactions which are in the possession of law enforcement agencies.

Two (2) of the eight (8) conditions of approval for religious educational programs provided in K.S.A. 1978 Supp. 72-1111, when applied; may constitute an unreasonable infringment upon free exercise of religion as guaranteed by the First and Fourteenth Amendments to the United States Constitution and, therefore, may be unenforceable in some cases. Those conditions are: (1) requiring at least fifteen (15) hours per week of classroom work and (2) requiring teachers of such programs to hold a valid, "conventional" teaching certificate. *

Public building under K.S.A. 12-1736 is construed to mean any permanent edifice enclosed with walls and a roof to accommodate public officers and business. *

The procedure for making municipal improvements set forth in the General Improvement and Assessment Law (K.S.A. 12-6a01 et seq.) is a distinct alternative to all other methods provided by law for effecting such improvements. Thus, declaration of a sewer taxing district pursuant to K.S.A. 12-617 et seq. is not a requisite step in the procedure for creation of a sewer improvement district under the provisions of the General Improvement and Assessment Law.

In accordance with K.S.A. 14-201, policemen in cities of the second class are "officers" as opposed to "employees" of such cities, and they hold their offices for a term of one year and until their successors are appointed and qualified.