Kansas Attorney General Opinions

No constitutional or statutory authority exists for the election of fire district trustees at a general election. Absent such authority, no valid election of fire district trustees may be called and held at the general election conducted in either April or November.

The property tax exemption for real property owned or acquired by a municipality for the purpose of providing office space for the performance of medical services would be lost if the property is also leased to persons or entities that are not licensed to practice medicine and surgery or osteopathic medicine by the board of healing arts pursuant to K.S.A. 65-2801 et seq.

In the absence of statutory authorization, county treasurers may not charge an additional $2 fee per motor vehicle registration when registrants use a "satellite" registration facility. Because the registration fee statutes are uniform and a resolution allowing additional fees would be in conflict therewith, counties may not alter this conclusion by home rule.

Because the mortgage registration fee is a tax on property, mortgages tendered for filing by a city would be exempt from payment of the mortgage registration fee if the mortgage instrument is used exclusively by the state, a municipality or political subdivision of the state.

A county is not generally required to provide burial markers for deceased veterans, but is authorized to do so under home rule powers.

Non-state gaming agency employees of the Kansas racing commission are not prohibited from participation in Indian gaming activities pursuant to L. 1996, ch. 256, § 9.

While the community corrections act is a uniform act applicable to all counties, it does not preempt a county's ability to legislate in the area of community correctional services and a fee charged by a county for program participants does not conflict with the act.

Ji9tate nf ~n1'5119 <IDffitt of tlJ:e J\ftOntell ~:emrttl 301 S.W. lOni AVENUE, TOPEKA 66612-1597 CARLA J. STOVALL MA.tN PHONE: (913) 296-2215 A TrORNI!Y GENERAL June 19, 1996 CONSUMER PRon!cnON: 296-3751 FAX: 296-6296 ATTORNEY GENERAL OPINION NO. 96- 53 The Honorable Kenny A Wil…

A township which maintains a public cemetery may not assume responsibility, either as an owner or trustee, for a private cemetery in the absence of special legislation.

~t&±2 af ~<tn5<t5 @ffic.e 11f tlp~ J\±±l1rnet! (f)£neral 301 S.W. lOrn AVENUE, TOPEKA 66612-1597 CARLA J. STOVALL MAiN PHONE: (913) 296-2215 ArrORNEY GENERAL March 12, 1996 CONSUMER PROTECTION: 296-3751 FAX: 296-6296 ATTORNEY GENERAL OPINION NO. 96-~ The Honorable Troy Findley St…

I " ,;Stat. af ~n:n9n9 (1)ffir~ .of ~ J\±tarm\J (1i~mral 301 S.W. 10TH AVENUE, TOPEKA 66612-1597 CARLA J. STOVALL AITORmY GENERAL MAIN PHONE: (913) 296-2215 CONSUMER PROTBCI'ION: 296-3751 January 18, 1996 FAX:. 296-6296 ATTORNEY GENERAL OPINION NO. 96- 2 Tracy D. Streeter, Execut…

. ."'" ., 301 S.W. 10TH AVENUE, TOPEKA 66612-1597 CARLA J. STOVALL MAIN PHONE: (913) 296-2215 A TIORNEY GENERAL September 6, 1995 CONSUMER PROTECTION: 296-3751 FAX: 296-6296 ATTORNEY GENERAL OPINION NO. 9S-__ 9 3___ The Honorable Laura McClure State Representative, 119th District…

@ffice of ±4.e J\±tornelJ; ~.eneral 301 S.w. 10TH AVENUE, TOPEKA 66612-1597 CARLA J. STOVALL MAIN PHONE: (913) 296-2215 ATTORNEY GENERAL August 30, 1995 CONSUMER PROTECTION: 296-3751 FAX: 296-6296 ATTORNEY GENERAL OPINION NO. 95- 88 Dr. Ramon Powers Executive Director Kansas Stat…

The professional counselors act is a registration act, not a licensure act, as it does not make unlawful the practice of professional counseling by unregistered persons. However, it partakes of an important aspect generally accepted as a purpose of licensure in that it provides the public with a substantial basis for relying on the services of a registered professional counselor.

The residents of Edwards county and the city of Kinsley may not be taxed more than $.75 per month per exchange access line for emergency telephone services. If an agreement between the city and the county cannot be reached so that services continue for the benefit of the county and the city, the county may refuse access to the city. However, such an action may constitute breach of contract. The city is authorized to established its own emergency telephone service.

A groundwater management district created pursuant to K.S.A. 82a-1020 is not authorized to implement a conservation plan resembling an intensive groundwater use control area without action by the chief engineer as required by K.S.A. 82a-1036.

A city may, pursuant to home rule powers, exempt original construction services from application of its local retailers' sales tax.

The board of emergency medical services sets minimum standards for municipal ambulance services. A municipality may set its own standards which are more stringent than the board's. K.S.A. 1991 Supp 65-6117 does not require the municipality to set standards or take any action other than that which is necessarily incidental to applying for a permit.

In domestic violence calls, when a law enforcement officer has probable cause to believe a crime is being committed or has been committed, the officer is required to arrest the offender and may not simply issue a ticket with a notice to appear in court.

A city may, by charter ordinance, exempt itself from certain accounting and audit requirements. Under the facts presented, city of Andale has failed to exempt itself from the audit requirements of K.S.A. 1991 Supp. 75-1122.

Operation of a farm winery constitutes an agricultural purpose and is therefore exempt from county zoning regulations pursuant to K.S.A. 1991 Supp. 19-2921.

The requirement of a 3/4 majority vote of the county commissioners in K.S.A. 19-270 does not apply to approval of street improvements and assessments unless the project falls within an improvement district which was created pursuant to K.S.A. 19-2701 et seq.

ROBERT T. STEPHAN ATTORNEY GENERAL July 7, 1992 ATTORNEY GENERAL OPINION NO. 92-90 Charles A. Peckham Atwood City Attorney P.O. Box 46 Atwood, Kansas 67730 Re: Crimes and Punishments; Kansas Criminal Code; Classification of Crimes Penalties--Sentencing; Authorized Dispositions; P…

The bank trust department is not a separate legal entity from the bank of which it is a part. K.S.A. 1990 Supp. 12-1675(4) allows a governmental entity to enter into a repurchase agreement as long as the funds are invested in a bank that has an office in at least one of the applicable sites listed in the statute.

Under a privileges and immunities and equal protection analysis a city may restrict nonresidents' use of city parks. In order to pass constitutional scrutiny, the level of discrimination must be offset by a reasonable justification.

Since the language of the statutes do not allow for an increase in the allowable fees for private process servers and because the county's home rule powers (K.S.A. 19-101) would not be applicable in this instance, it is this office's opinion that the county cannot compensate private process servers in an amount in excess of that which is set out in K.S.A. 1991 Supp. 28-110.

ROBERT T. STEPHAN ATTORNEY GENERAL July 7, 1992 ATTORNEY GENERAL OPINION NO. 92- 87 Brad L. Jones Coffey County Attorney P.O. Box 310 Burlington, Kansas 66839 Re: Counties and County Officers -- County Attorney --Duties; Opinions and Advice to County; Who is a Civil Officer; Expe…

1992 House Bill No. 3215, the omnibus reconciliation spending limit bill, suspends by implication the spending limit provisions of K.S.A. 1991 Supp. 75-6701 et seq. Even if the provisions are not suspended, any inconsistency between the two raises political questions only, over which a court would refuse to exercise jurisdiction.

Article 3, section 13 of the Kansas constitution precludes a sitting district court judge from being a member of the Kansas commission on governmental standards and conduct in the absence of any provision of law specifically authorizing such membership.

A city police officer is not entitled to a witness fee for appearing in district court on behalf of the state when the district court is in a city other than the one where the officer is employed, but still within the same county. To the extent it conflicts with the principles stated herein, Attorney General Opinion No. 75-266 is withdrawn.

The sheriff of the county where the documents are to be served shall be responsible for the service of process by certified mail. While postage costs might initially be incurred by the county, K.S.A. 1991 Supp. 60-2003(6) and K.S.A. 1991 Supp. 28-110 permit service costs to be taxed against and collected from the parties or attorneys utilizing the sheriff's office to effectuate such service.

The early retirement incentive program developed by the board of education for unified school district no. 490, available only to certified personnel of the district, does not establish a classification which would result in a violation of the equal protection clauses of the United States or Kansas constitutions.

ROBERT T. STEPHAN ATTORNEY GENERAL June 24, 1992 ATTORNEY GENERAL OPINION NO. 92- 81 The Honorable Eric R. Yost State Senator, Thirtieth District 9132 Funston Ct. Wichita, Kansas 67207 Re: Elections--Independent and Other Nomination Certificates; Terms of Office; Filling Vacancie…

ROBERT T. STEPHAN ATTORNEY GENERAL June 22, 1992 ATTORNEY GENERAL OPINION NO. 92- 80 The Honorable August Bogina, Jr. State Senator, Tenth District 5747 Richards Circle Shawnee, Kansas 66216 Re: Criminal Procedure--Search and Seizure--Authorized Installation or Use of a Private T…

ROBERT T. STEPHAN ATTORNEY GENERAL January 15, 1992 ATTORNEY GENERAL OPINION NO. 92- 8 The Honorable Dale M. Sprague State Representative, Seventy-Third District P.O. Box 119 McPherson, Kansas 67460 Re: Cities and Municipalities--Planning and Zoning-- Manufactured Homes Synopsis:…

To the extent connected with the service of installing or applying tangible personal property in original construction, profit and overhead passed on as a cost to the consumer for such service are properly taxable.

Fire hydrants are more reasonably categorized as equipment for the utilization of water than as fire fighting equipment per se. A township is not authorized to purchase fire hydrants with funds levied pursuant to K.S.A. 80-1503, and accordingly may not use such funds to purchase fire hydrants to loan or give to a rural water district. Cited herein: K.S.A. 80-101; 80-1501; 82a-619. *

An ambulance service that transports persons in need of medical care and which is operated by a Kansas state institution must obtain a permit in compliance with the act regulating emergency medical services.

1992 Senate Bill No. 472, amending K.S.A. 1991 Supp. 74-8704 of the Kansas lottery act to prohibit advertising or promotion of the lottery at amateur athletic events, is not an unlawful restraint of trade. The Sherman act does not prohibit a state's actions taken in its governmental capacity as sovereign regulator.

Marriage alone does not confer indirect ownership of one spouse's property to the other. Thus K.S.A. 1991 Supp. 74-8810(b)(2), as amended by 1992 Senate Bill No. 383, § 4, does not prohibit a commission member's spouse from owning a horse entered in race meetings conducted in this state unless the commission member has an actual possessory, pecuniary or other beneficial interest in the horse.

As it appears no compelling governmental interest is served by the durational residence requirement set forth in K.S.A. 76-1908(b), the requirement results in a violation of the equal protection clause and is therefore unconstitutional. Cited herein: K.S.A. 76-1902b; 76-1908; L. 1889, ch. 235, § 11; U.S. Const., art. I, § 8; U.S. Const., art. IV, § 2; U.S. Const., Amend. XIV.

ROBERT T. STEPHAN ATTORNEY GENERAL June 2, 1992 ATTORNEY GENERAL OPINION NO. 92- 73 Jeffery A. Mason Counsel for Northwest Kansas Groundwater Management District #4 214 E. 10th Street, Box 767 Goodland, Kansas 67735 Re: Waters and Watercourses--Groundwater Exploration and Protect…

The city of Wichita may prohibit a city firefighter from running for city council without violating the firefighter's first amendment rights.

ROBERT T. STEPHAN ATTORNEY GENERAL June 1, 1992 ATTORNEY GENERAL OPINION NO. 92- 71 Bill McCormick Director of Federal and State Affairs Office of the Governor State Capitol, 2nd Floor Topeka, Kansas 66612 Re: Domestic Relations -- Family Planning Centers -- Establishment and Mai…

The Kansas commission on veterans' affairs may require applicants or members of the Kansas soldiers' home to submit copies of the individuals' federal and state income tax returns so that the commission may determine whether the individuals are eligible to become or remain members of the Kansas soldiers' home.

When granting a license to practice psychology, the behavioral sciences regulatory board does not have the authority to designate an "area of emphasis" as a restriction or limitation of that license. Accordingly, K.A.R. 102-1-10(b)(4) is void and unenforceable as it exceeds the board's statutory authority.

The city of Bentley, located within U.S.D. No. 440, is not a part of a joint recreation commission created between the city of Halstead and U.S.D. No. 440 and as such, the city of Bentley has no right to representation on the commission, is not required to contribute facilities, and may continue to operate its own recreation commission. The city of Bentley will, however, be a part of the joint recreation commission taxing district. Cited herein: K.S.A. 12-1922; 12-1924; 12-1926.