Kansas Attorney General Opinions

A hospital created pursuant to K.S.A. 1978 Supp. 19-1801 et seq. may contract for managerial services for the operation of a county hospital wherein an employee of the services provider is appointed as administrator of the hospital.

April 19, 1979 ATTORNEY GENERAL OPINION NO. 79- 66 Mr. Theodore H. Hill County Counselor Suite 315 Sedgwick County Courthouse Wichita, Kansas 67203 Re: Counties and County Officers--County Hospitals-- Lease of Hospital Facilities Synopsis: The provisions of K.S.A. 19-1860 et seq.…

The sale or disposal of Sedgwick County's E. B. Allen Memorial Hospital by the Board of County Commissioners is governed by K.S.A. 1978 Supp. 19-211, and if the value thereof exceeds $100,000, the proposition of sale or disposal must first be approved by a vote of the county's qualified electors. *

The provisions of 1979 House Bill No. 2393, which provide a method for dissolving certain fire districts and creating new fire districts in place thereof, do not violate Article 11, §1, of the Kansas Constitution. Said constitutional provi- sion only requires that there be a "uniform and equal rate of assessment and taxation" as to each separate taxing district in the state. Taxes levied pursuant to 1979 House Bill No. 2393 by the governing body of a new fire district created under the authority of said House Bill would not be tax levies of the municipality which said governing body also serve

A county may enter into contracts whereby options to purchase possible park sites are acquired, and, in the absence of an abuse of discretion, the possible forfeiture of public moneys (in the event the options are not exercised) is not a matter of judicial concern. *

If farm storage equipment, otherwise qualified for tax-exempt status pursuant to K.S.A. 1978 Supp. 79-201d, Third is not, during a particular calendar year, used exclusively for grain storage purposes, said property loses its eligibility for tax exempt status for that particular year. If, in a subsequent year, the eligible equipment is used exclusively for such storage, the taxpayer may claim such exemption for that particular calendar year. *

Absent express statutory authority, a city governing body may not require a referendum on any matter before the governing body. Thus, the question of establishing a recreation commission by a city may not be placed on the ballot at an election, except upon presentation of a proper petition, as prescribed by K.S.A. 12-1904.

April 17, 1979 ATTORNEY GENERAL OPINION NO. 79- 60 Ms. Ernestine Gilliland State Librarian Kansas State Library Third Floor, State Capitol Topeka, Kansas 66612 Re: State Departments--State Library--Grants-in-Aid to Local and Regional Libraries Synopsis: In determining a local pub…

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 …

The maximum reparations for work loss to be awarded by the Crime Victims Reparations Board is two hundred dollars ($200) per week, to be diminished by the amount which a claimant can recoup for work loss from other persons and collateral sources. *

A person arrested in Kansas on the basis of an out-of- state parole violation warrant may be admitted to bail by bond in the discretion of the judge of the court having jurisdiction of the matter. The person may not be admitted to bail by bond if the underlying offense is one which is punishable by death or life imprisonment under the laws of the state in which the offense was committed.

In the exercise of its police power, a city may regulate the installation of electrical wiring or equipment within the city's corporate limits, so long as that regulation is reasonably related to the public health, safety or morals.

When, for any reason, any portion of the fair market value of any taxable tangible personal property has escaped taxation in any year or years, within five (5) years next preceding, the county assessor is charged with the duty of listing, appraising and assessing the same pursuant to K.S.A. 79-1427.

Whether a statute of limitations operates against the state of Kansas in a cause of action for building design or construction defects depends on whether the particular building serves a govern- mental or proprietary function, with limitations of actions being applicable to cases involving the latter.

The term "purchase price," as used in K.S.A. 1978 Supp. 17-1311, means the total expenditure required of the buyer to bring about the agreed return from the seller, including any "front end" fee or charge added to the cost of the burial lot. Thus, pursuant to said statute, such fee or charge shall be included in computing the amount of the purchase price to be deposited in the cemetery's permanent maintenance fund. *

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.

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. *

If enacted, 1979 House Bill No. 2407 would violate Article 11, Section 1, of the Kansas Constitution for the reason that it would classify farm and business machinery and equipment for purposes of ad valorem taxation. *

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. *

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.

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.

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.

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.

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.

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…

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. *

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 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.

A city of the second class may designate a state or national bank or trust company located outside said city, but within a county in which all or part of such city is located, as an official depository of its funds.

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 "continuing education" requirements imposed upon licensed real estate brokers and licensed real estate salesmen by subsectins (d) and (f) of K.S.A. 1979 Supp. 58-3006 are proper subjects of state regulation under the police power, and are valid and enforceable.

K.S.A. 79-2930 permits an allowance for unpaid taxes to be made in the amount or rate of levy prescribed in a budget adopted by a governing body under the Kansas budget law (K.S.A. 79-2925 et seq.), which allowance may not exceed 5 per- centage points over the rate of delinquency in the preceding year.

Following the amendment of K.S.A. 59-1701 in 1967, a foreign corporation may not act as fiduciary in the administration of an estate, except as authorized by K.S.A. 59-1707 and 59-1708. Since a trustee is included in the term "fiduciary" as defined by K.S.A. 59-102(2), a foreign corporation may not serve in this capacity for a non-resident decedent under the terms of a trust created under the decedent's will. K.S.A. 59-806(iii). As it dealt with K.S.A. 59-1701 prior to the 1967 amendment, Attorney General Opinion No. 61-342 is hereby withdrawn.

December 27, 1979 ATTORNEY GENERAL OPINION NO. 79 - 311 Merle R. Bolton Commissioner of Education Kansas Department of Education State Education Building 120 East Tenth Street Topeka, Kansas 66612 Re: Schools--Transportation of Students--Contracts for Payment of Mileage Synopsis:…

The application of well-recognized rules of statutory construction to K.S.A. 1979 Cupp. 17-2217 mandates that the reserve funds of a credit union with share insurance may be used only to offset losses on loans that it incurs. All other credit unions may use their reserve funds for the more general purpose of meeting "contingencies."

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.

December 27, 1979 ATTORNEY GENERAL OPINION NO. 79-309 Duane F. Johnson System Librarian South Central Kansas Library System 901 North Main Street Hutchinson, Kansas 67501 Re: State Departments--State Library--Regional System of Cooperating Libraries Synopsis: 1) A regional system…

December 27, 1979 ATTORNEY GENERAL OPINION NO. 79- 308 Col. Allen Rush, Superintendent Kansas Highway Patrol Suite 130 Townsite Plaza Building No. 2 200 East Sixth Street Topeka, Kansas 66603 Re: Automobiles and Other Vehicles--Size, Weight and Load of Vehicles--Exemptions from G…

A city-may adopt an ordinance authorizing snow- mobiles to use the city's streets, but the ordinance must restrict such use to extremely limited and exceptional circumstances, such as those specifically identified in K.S.A. 8-1585. Any ordinance which authorizes this use of city streets under other than such restricted circumstances would exceed the city's statutory authority.

A person serving as an officer for a credit union is not thereby ineligible to hold the position of administrator of the Kansas State Department of Credit Unions

Where the employment of a teacher of a unified school district has been terminated by the board of education thereof, or the board has determined not to renew such teacher's employ- ment contract, such teacher is entitled to a hearing before a three-member hearing committee, one member of which is to be selected by the teacher pursuant to K.S.A. 1979 Supp. 72-5438. The member so selected may be another teacher of the school district, and the board of education may not interfere with such selection.