Kansas AG Opinions, 1977

The local public library established by the City of Haysville, upon the approval of the voters of that city at an election held on the question in November, 1976, is not ineligible for a state grant-in-aid by virtue of the lack of a local ad valorem levy for said library during the preceding year.

A township has no authority to join together with an- other township for the joint maintenance of a township hall which is located in another county, except when two or more adjoining townships in a single county erect a hall for their joint use and benefit under K.S.A. 80-107. *

Kansas Administrative Regulation 69-4-8 provides that a student who has missed over 240 hours of instruction due to extenuating circumstances may be readmitted to the school upon proper application and reregistration. Said student may receive credit for two-thirds of the hours earned prior to such interruption of training.

The use of "time out" rooms for children and adolescent patients at the University of Kansas Medical Center constitutes the use of "seclusion" within the meaning of K.S.A 1976 Supp. 59-2928. Certain items, such as firearms, other weapons, medication, incendiary mate- rials and the like constitute such demonstrably haz- ardous materials that they may be withheld from the personal possessions of a patient in a treatment facil- ity without a specific finding of "good cause" in each separate instance, upon the adoption of an appropriate regulation describing such items.

K.S.A. 1976 Supp. 20-350(c) authorizes the investment of idle funds, i.e., moneys on deposit in the district court account which are not immediately required for the purposes for which the moneys were collected, only in time deposit, open accounts and certificates of deposit. Deposit of such moneys in savings accounts, including passbook savings accounts, is not authorized by law. *

A county board of commissioners may by charter reso- lution provide for the appointment of more than five trustees for a county hospital established and operated pursuant to K.S.A. 19-1801, et seq. *

There is no statutory requirement that purchase orders, requisitions and warrant registers be executed by two members of the board of county commissioners, so long as the warrants and warrant checks themselves are exe- cuted as required by K.S.A. 10-803.

March 7, 1977 ATTORNEY GENERAL OPINION NO. 77- 75 Mr. John E. Caton Turfman, Brainerd, Harris, Weigand & Depew Suite 830 First National Bank Building Wichita, Kansas 67202 Re: Cities--Home Rule--Bonded Indebtedness Synopsis: Under Article 12, § 5 of the Kansas Constitution, a Kan…

K.S.A. 58-320 requires the destruction of records enu- merated therein by burning thereof in the presence of the county commissioners, and there appears no basis upon which to sanction any Other method of destruction as an officially permissible practice.

March 4, 1977 ATTORNEY GENERAL OPINION NO. 77- 73 The Honorable Patrick J. Hurley Majority Leader of the House House of Representatives 3rd Floor - State Capitol Building Topeka, Kansas 66612 Re: Constitution--Amendments--Referendum Elections Synopsis: House Concurrent Resolution…

March 4, 1977 ATTORNEY GENERAL OPINION NO. 77- 70 Mr. Nick A. Tomasic District Attorney 710 North Seventh Street Kansas City, Kansas 66101 RE: Taxation - Motor Vehicles - Leased Vehicles SYNOPSIS: The owner of a motor vehicle is the one who holds legal title to the vehicle, excep…

As part of the Kansas State Library, the Division for the Blind and Physically Handicapped need not release to other state agencies any information contained on application forms submitted by visually handicapped persons who desire to participate in specialized pro- grams.

A city which did not elect to be excluded from the county plan in 1974, and which did not submit a separate solid waste management plan to the Secretary of Health and Environment for approval in 1974, has no authority to establish a solid waste disposal area which does not conform to the county plan, and no permit may be issued for such a facility by the Secretary so long as said disposal area is proposed to be operated by a city or cities in disregard of the county plan in which such cities are included.

A rule proposed for adoption by the Joint Committee on Special Claims restricting compensation which a claimant may pay to an attorney retained to represent the claimant before the committee is unnecessary, for such contingent fee agreement is already prohibited by K.S.A. 1976 Supp. 46-267.

A Kansas county may contract through its board of county commissioners with the Secretary of the Army for increas- ed police protection services in and around federal reservoirs within their jurisdiction. The board of county commissioners is the proper party to such con- tracts except in counties such as Riley County, which has a consolidated law enforcement department, in which instance, the board governing that agency is the proper party to such an agreement.

Advertising which describes a detached auxiliary banking service facility as a "bank" is not in violation of K.S.A. 9-2011.

February 28, 1977 ATTORNEY GENERAL OPINION NO. 77- 69 Mr. Richard E. Samson Stevens County Attorney Stevens County Courthouse Hugoton, Kansas 67951 RE: Motor Vehicles--Mobile Homes--Taxation--Special Listing Laws. Synopsis: The valuation and listing for taxation of motor vehicles…

K.S.A. 1976 Supp. 80-1520, as amended in 1973, permits the governing body of any fire district located in a county with a population of, not less than 60,000 and not more than 100,000 to levy up to six mills upon the adoption and publication of an appropriate resolution. If such resolution recites that the authority for such increased levy applies to the current and subsequent years, such resolution, if unchallenged by a protest petition and election, constitutes authority for such increased levy in subsequent years.

A city may not provide by ordinance for the disposition of animals prior to three (3) days following the day of receipt of delivery of such animal at a city animal pound or shelter as required by K.S.A. 47-1710. *

Cases of child abuse or neglect must be promptly reported to the statutorily designated court or agency and such reports made to other agencies or organizations not specified by statute are not substitutes for the statutorily required reporting and there is no statutory immunity from liability arising out of reports made to agencies or organ- izations not specified by statute.

Under K.S.A. 2-1316, a county must, acting alone or jointly with other counties, appoint a weed supervisor, subject to the approval of the secretary of the State Board of Agriculture. This requirement may not be dis- placed or superseded by the exercise of county home rule powers under K.S.A. 19-101a et seq.

Security officers employed under authority of K.S.A. 1976 Supp. 72-8222 are not "law enforcement officers" required to attend the Law Enforcement Training Academy.

Cities may by ordinance provide for the issuance of general obligation bonds for the payment of improvements to city-owned property subject to certain limitations. *

There is no statutory authority for incorporation of all or part of an existing improvement district into an adjacent sewer district or for consolidation of an improvement district with an existing adjacent sewer district into a new sewer district comprising the terri- tory of both so as in any way to diminish the corporate powers of the improvement district.

The exercise of municipal zoning power is an inherently governmental function, and it is unlikely that members of the city governing body or members of a planning commission will be held liable for damages for injuries resulting from a safety hazard which is constructed as a result of the grant of a zoning change. * *

February 14, 1977 ATTORNEY GENERAL OPINION NO. 77- 58 Mr. Richard D. Loffswold, Jr. Attorney at Law 116 East Forest Post Office Box 163 Girard, Kansas 66743 Re: Cities--Property--Disposal Synospis: No Kansas law prohibits the disposition of city property of a city of the second c…

Action by a board of county commissioners to authorize installation of underground irrigation pipe on the right- of-way of a county road does not intrude upon the rights of abutting landowners who hold title subject to the public easement, for the board of county commissioners holds complete and exclusive use of the public easement.

A county may, in the exercise of its home rule admini- strative powers, enter into agreements with other coun- ties to share the cost of a trial of a person accused of committing an offense within the jurisdiction of such county, when the trial is to be held outside said county. * *

A city may, in the exercise of its legislative powers under Article 12, § 5 of the Kansas Constitution, autho- rize the payment of bonuses to its employees. *

The special city-county road fund created by K.S.A. 1976 Supp. 79-3425 is applied in part to the support of the "state system of highways" as that term is used in Article 11, § 9 of the Kansas Constitution. The tax levied by K.S.A. 79-6a01 et seq. is not a "general property tax" within the meaning of Article 11, § 9. The tax levied by K.S.A. 79-6a01 and applied as proposed by 1977 House Bill 2202 constitutes a "special tax" on motor vehicles within the meaning of Article 11, § 10 of the Kansas Constitution, and may permissibly be applied to road and highway purposes.

Persons engaged in remodeling businesses are required to pay the retailers' sales tax upon the gross receipts from such services. Persons who, in addition to en- gaging in a remodeling business, are also engaged in the sale at retail of materials which are used by others, such as homeowners, in remodeling projects are required to collect and remit the retailers' sales tax on such transactions. *

The Kansas open meeting law, K.S.A. 1976 Supp. 75-4317 et seq., applies only to legislative and administrative bodies of the state and its political subdivisions, and subordinate groups thereof, and does not apply to an unpaid voluntary citizens' committee which is consti- tuted by a county officer to advise him or her concern- ing matters within the jurisdiction of such officer, but which exercises no administrative authority of such officer.

The appropriation of $32,000 to the Director of Archi- tectural Services made by the 1976 legislature for a study to determine comparative construction and opera- tion costs and visitation estimates for various loca- tions for a new state historical society museum may include any alternative sites which the Director deems appropriate, in addition to the property already ac- quired by the state pursuant to K.S.A. 1976 Supp. 76- 2306 et seq. The contractual services for such study are not exclusively architectural and are not subject to the selection process prescribed by K.S.A. 1976 Supp. 75-54

If a board of county commissioners chooses to exempt itself from the compensation prescribed for it by K.S.A. 1976 Supp. 28-810(a), it may do so by a charter resolu- tion which prescribes a different amount, or by provid- ing in lieu thereof that the amount shall be as subse- quently prescribed by said board of county commissioners. *

A township may not lease township property pursuant to K.S.A. 8-104 for use for industrial sites by a muni- cipal industrial development commission. *

Urban transit buses operated by the Topeka Metropolitan Transit Authority may not be used on "school tripper" routes for the transportation of students to and from school unless and until such vehicles meet the statutory requirements for school buses, and comply with regula- tions of the Kansas Secretary of Transportation pertain- ing to school buses.

Under the Small Claims Procedure Act, K.S.A. 61-2701 et seq., a party may obtain the assistance of counsel in post-judgment proceedings, e.g., involving attach- ment, levy and garnishment. *

Monies deposited in the special fund pursuant to K.S.A. 8-145 may be used only to pay for necessary help and expenses allocable to administration of the motor vehi- cle registration law performed by the office of county treasurer. Annual bonuses for all deputies and assis- tants to the treasurer are not properly payable from said fund. *

A fire district organized under K.S.A. 19-3613 et seq., may include new territory therein only by K.S.A. 19- 3604, and territory comprising a city of the third class which is completely encircled by said district may not be included therein by action of the governing body under K.S.A. 19-3605. If a city is included in such fire district, control and supervision over fire dis- trict services rendered within said city rests with the governing body of the fire district, and not the governing body of the city.

Senate Bill 79, before the 1977 legislature, is unnec- essary to empower a Kansas city to construct a line for the purchase of electricity to a seller thereof located beyond the territorial boundaries of the city, for the city may do so in the exercise of its general administrative powers vested in it by Article 12, § 5 of the Kansas Constitution. *

A petition which is filed pursuant to K.S.A. 12-2001, Sixth, requesting an election upon the granting of a franchise must satisfy the requirements of K.S.A. 1976 Supp. 25-3601 et seq. as to form and sufficiency. *

Monies from the general fund of Kansas counties may lawfully be applied to support, either in whole or in part, as the legislature deems appropriate, the costs incurred by county treasurers for their role in the administration of state motor vehicle licensing laws.

Any county and certain cities of the second class may make a levy of not to exceed two mills for the purpose of establishing and maintaining an emergency medical service under K.S.A. 1976 Supp. 65-4301 et seq. Any such levy is exempt from the aggregate levylimitations of K.S.A. 1976 Supp. 79-5001 et seq., the "tax lid," but may not be made until first authorized by the voters of the county.

A special assessment is a tax levied on property accord- ing to the benefits conferred on such property. The whole theory is that the tax burden to such property is offset by the enhanced value to that property caused by the beneficial improvement. Property incapable of re- ceiving benefits from an improvement cannot be specially assessed for such improvement.

February 1, 1977 ATTORNEY GENERAL OPINION NO. 77- 38 Mr. Steve Pigg Assistant City Attorney 215 East 7th Street Topeka, Kansas 66603 Re: Cities--Funds--Judgments Synopsis: Ordinance Nos. 13793 and 13971, providing for the pay- ment of defense costs and for the satisfaction of civ…

January 28, 1977 ATTORNEY GENERAL OPINION NO. 77- 45 F. T. "Jim" Chaffee Sheriff, Shawnee County 200 East Seventh Topeka, Kansas 66603 RE: Sheriffs - Deputies - Powers and Appointment SYNOPSIS: The appointment of any deputy sheriff expires upon the expiration of the term of the a…

The cost of medical treatment provided a prisoner after he is placed under confinement shall be borne by the jurisdiction where the confinement occurs. •