Kansas AG Opinions — 1977

A resolution adopted by the board of county commissioners on or before July 1 which adopts a schedule of fees for solid waste service pursuant to K.S.A. 1976 Supp. 65-3410 is effective on the date of adoption of said resolution, unless the resolution otherwise provides. Its effectiveness is not delayed until the succeeding calendar year by any provision of art. 34, ch. 65, K.S.A.

A restriction on the use of certain lots in the City of Tribune, contained in a deed dated October 28, 1976, which prohibits the use or erection of any building thereon except a "single or multi-family residence with either attached or detached garage" upon any portion of the property does not as a matter of law prohibit the use of mobile home units for residential purposes on such property, nor require that each residential unit erected or used on said property have either an attached or detached garage. *

K.S.A. 1976 Supp. 20-348 does not in and of itself vest in the district courts the power to levy taxes, nor to compel the expenditure of proceeds of taxes levied by the board of county commissioners in excess of the duly adopted budget for operations of the district court. *

No person may be appointed a notary public under K.S.A. 53-101 et seq. unless there is in effect on the date of such appointment a valid surety bond as required by K.S.A. 53-102. No appointment may be made to empower any person to act as a notary public retroactively, i.e., prior to the date the appointment is made, al- though an appointment may be made to commence at a date certain in the future.

The Board of Accountancy may, under the authority of K.S.A. 1-311, require C.P.A.'s to renew their permits to practice as certified public accountants and to meet the continuing education requirements set out in K.A.R. 74-9-1. *

Although housing for the elderly is a valuable community asset, it is not in and of itself an industrial induce- ment, and the industrial fund created pursuant to K.S.A. 12-1617h may not be used to provide operating funds for such a facility. *

A pickup truck is not a "passenger motor vehicle" which is eligible for registration by disabled veterans under K.S.A. 8-161(a). Unless and until the legislature chooses to enlarge the class of vehicles which may be registered for disabled veterans without cost under K.S.A. 8-161(a), that privilege now extends only to passenger vehicles. *

An alien who has entered the country illegally, who has been discovered by the Immigration and Naturaliza- tion Service, who has been found amenable to deportation proceedings and who has been granted the privilege of voluntary departure from the United States on or before a specific date, is not during the period of such re- lease on parole or "docket control" by the Service, legally present within the territory of the United States, and the employment of such an alien by an employer who knows such person to be illegally present in this coun- try is an offense under K.S.A. 21-4409. * *

The use of the phrase "state exposition" to describe a fair conducted by the Shawnee County Board of County Commissioners does not violate the requirement of K.S.A. 2-201 that the phrase "state fair" may be used to des- cribe only that fair held at Hutchinson, Kansas, by the Board of State Fair Managers. *

The Student Senate at Kansas State University is not subject to the Kansas open meeting law, K.S.A. 1976 Supp. 75-4317 et seq. * *

May 26, 1977 ATTORNEY GENERAL OPINION NO. 77- 173 Mr. Donald G. McFerson City Attorney 2707 W. Douglas Wichita, Kansas 67213 RE: Lamps and Lights on Emergency Vehicles Synopsis: The lamps and lights required for authorized emergency vehicles under K.S.A. 8-1720 are not required f…

The Board of Regents may delegate to institutions under its jurisdiction the authority vested in the Board under K.S.A. 1976 Supp. 74-3245 to purchase liability insur- ance for students engaged in professional clinical pro- grams offered by institutions operated and managed under the control of the Board. * *

Nothing in article 17, chapter 17, K.S.A. prevents a city or county which is party to an agreement with a municipal housing authority created thereunder to enter into a further agreement for the deferral of payments in lieu of taxes from said Housing Authority for such period as is consistent with the maintenance of the low-rent character of the housing project and the achieve- ments of the purposes of the act. * *

K.S.A. 3-123 authorizes a city and county which jointly undertake the establishment of an airport under K.S.A. 3-119a et seq. to condemn property for the use of such jointly operated airport. K.S.A. 3-711 authorizes such city and county to condemn any use of land which consti- tutes an "airport hazard," as defined by K.S.A. 3-701(2) to the operation of such jointly operated airport. *

The City of Eureka did not acquire fee simple absolute title to property acquired by eminent domain proceedings in 1958 for a municipal airport which would enable the city to convey fee simple absolute title to portions thereof to purchasers for industrial sites. *

Monies of a supplemental retirement system created pur- suant to K.S.A. 1976 Supp. 72-17,108 are required to be secured as provided in K.S.A. 9-1402. *

1977 House Bill 2470 does not alter the schedule for budget adoption of libraries subject to K.S.A. 12-1215, as amended. A resolution adopted thereunder providing for a levy in excess of 2.5 mills should state that the board determines that the current tax levy is in- sufficient, declare the necessity of increasing the total annual levy to the desired mill rate, and state the total annual amount of the tax to be levied for library purposes. A board need not immediately utilize all the levy authority provided by such a resolution, but may levy an amount in excess of 2.5 mills, but below the max

The purchaser at a tax sale is entitled to a deed conveying a clear title good against the world. Any unpaid current taxes and interest thereon, which have accrued between the time the action in foreclosure was begun and the time the cause was ripe for judgment, should be computed and included in the amount of judgment in rem. *

A "wire" unit, part of which is attached to the officer's body and which can pick up oral communications in the officer's presence and then be transmitted to a base unit and recorded, is not considered an oral communica- tion within the scope of K.S.A. 22-2514(2) whereby a court order is required. *

Cities may vary maximum speed limits on roadways within their corporate limits only as provided in K.S.A. 8-1338. * * *

An automobile sold "as is" at a public auction may be sold with a highway title, if the proper notice is given to the purchaser, as provided in K.S.A. 1976 Supp. 8-1754. * *

Bonds issued under subsection (h) of K.S.A. 12-1737 should not exceed an amount which, when combined with proceeds from a levy authorized under subsection (d) and proceeds of bonds issued under subsection (c), will exceed the amount of the building fund as fixed by the resolution creating such fund. * *

A district court judge cannot order the district attorney nor the petitioner to file a motion alleging that a juvenile is not a fit and proper subject to be dealt with under the Kansas Juvenile Code. *

A county attorney who conducts substantial county busi- ness in his private office located several miles from the courthouse, and who travels to the courthouse for meetings with the board of county commissioners and for court appearances and conducts limited county busi- ness in his courthouse office, is not required by K.S.A. 28-169 to be allowed actual and necessary expenses or mileage for such travel from his domicile or private office to the courthouse to conduct county business. *

Employment with a state university or junior college of another state does not constitute employment in the "public school system" of such other state within the meaning of K.S.A. 74-4936a.

An agreement by a member of the board of county commis- sioners to accept less than the full compensation pro- vided by county resolution to be paid such officer is void as contrary to public policy, under decisions of the Kansas Supreme Court. *

May 17 1977 ATTORNEY GENERAL OPINION NO. 77-158 Lynette Keddie Register of Deeds Stafford County Courthouse St. John, Kansas 67576 RE: Uniform Commercial Code - Secured Transactions - Oil and Gas - Fixture Filings - Place of Recording and Indexing SYNOPSIS: Under the Uniform Comm…

May 16, 1977 ATTORNEY GENERAL OPINION NO. 77- 157 Mr. Jay Don Reynolds Gray County Attorney Cimarron, Kansas 67835 RE: Public recreation and playgrounds; petition; election. Synopsis: The three days' prematurity of an election on a petition to establish a public recreation system…

The governor is the only individual in state or local government authorized pursuant to K.S.A. 48-930 to order the establishment of interjurisdictional disaster agencies.

The State Board of Education is authorized to endorse its approval to confer academic or honorary degrees upon the articles of incorporation or amendments thereto of a school which is licensed under the Kansas Proprie- tary School Act provided the Board determines that such applicant satisfies the criteria of the Board respecting the conduct of a bona fide institution of higher learn- ing, giving instructions in arts, letters, sciences or the professions.

May 11, 1977 ATTORNEY GENERAL OPINION NO. 77-154 Robert L. Garver, Chairman Board of Allen County Commissioners Allen County Courthouse Iola, Kansas 66749 RE: Taxation - Personal Property - Farm Implements - Tax Situs SYNOPSIS: Ordinarily, all personal property shall be listed an…

A municipality which consents to be included in an area- wide sewer district organized under K.S.A. 19-27,140 et seq. does not forfeit any lawful authority and juris- diction for the construction of sewer facilities, includ- ing interceptor sewers, within the territorial limits of said city. *

K.S.A. 1976 Supp. 12-1675 does not authorize the invest- ment of idle funds of a county in a credit union. *

The Governmental Ethics Commission has no jurisdiction under the Campaign Finance Act, K.S.A. 1976 Supp. 25- 4101 et seq. to entertain a complaint against any person other than a person to whom the Campaign Finance Act applies, and principles of criminal responsibility may not be relied upon to enlarge its administrative juris- diction to persons other than those upon whom the Act imposes duties and responsibilities.

Cities operating a fire department may issue their general obligation bonds to pay the cost of purchasing new motors and pumps for existing fire-fighting equip- ment pursuant to K.S.A. 1976 Supp. 12-110c. *

Because it is not authorized to approve applications for authority to award academic or honorary degrees by licensees under the Kansas Proprietary School Act, K.S.A. 72-4916 et seq., the Board of Education may not entertain applications from such parties and permit such applicants to commence a period of candidacy and evaluation therefor.

Under 1977 Substitute for House Bill 2325, a board of education may enter into an agreement with its profes- sional employees which incorporates provision for tax- sheltered annuities. *

Under K.S.A. 60-2311(a), an employee may not be dis- charged due to multiple garnishments received by the employer for not more than three debts. Venue for prosecution under that section lies in the county where the discharge was effected, and personnel of the em- ployer residing in other jurisdictions who initiated the decision may be prosecuted in any county in which venue is proper under K.S.A. 22-2607.

Board of commissioners of any city may issue general obligation bonds for the payment of improvements to public parks to include miniature railroad trains to be used for recreation. *

The 1976 amendments to K.S.A. 1976 Supp. 22-3428 makes no change in the duties of the chief medical officer regarding the release of persons committed to the state security hospital for safekeeping and treatment after acquittal of an alleged crime by reason of insanity, and the 1976 amendment does not constitute an ex post facto law as applied to any patient committed by reason of an act committed prior to the date such amendment became effective. *

A city may, in the exercise of its constitutional home rule powers under Article 12, § 5 of the Kansas Constitu- tion, exempt itself from K.S.A. 12-4101 through -4701, including K.S.A. 12-4104, and empower the municipal judge to issue search warrants.

Under K.S.A. 1976 Supp. 65-204, a county which made no levy for the county health fund for the year 1974 may make a levy for that purpose in a subsequent year without a vote of the people so long as the rate of the levy does not exceed that which was authorized by law in 1973 to be made for that purpose for 1974.

The position of city council member of a city of the third class is not incompatible with the position of administrator of a municipal hospital operated by a board of trustees appointed pursuant to K.S.A. 12-1615. *

Under certain circumstances an existing adult care home which proposes to expand its bed capacity, without engaging in additional building construction, must submit an application for certificate of need to a health systems agency. *

Under K.S.A. 12-1737, no election is required for the issuance of bonds for the construction of a vehicle maintenance facility, for under that section, an elec- tion is required for the issuance of bonds only for the construction of city offices, public libraries, auditoriums, and community or recreational buildings. *

K.S.A. 12-705b authorizes the City of Salina to require the platting of any area within a three-mile radius of the city limits prior to subdivision thereof, and the subdivision regulations of the city implement those statutory requirements. *

K.S.A. 1976 Supp. 79-1947 imposes no limit upon the levy which may be made under K.S.A. 12-1234 for the establishment and maintenance of a regional library which is established under K.S.A. 12-1231 et seq.

A municipal corporation or other political subdivision is not a "resident owner" who is legally entitled to sign a protest petition against an improvement under K.S.A. 12-602.

April 25, 1977 ATTORNEY GENERAL OPINION NO. 77-138 Mr. Michael F. McCurdy Crawford County Attorney Judicial Center, Fourth and Pine Pittsburg, Kansas 66762 RE: Reporting of certain physical or mental abuse of children. Synopsis: K.S.A. 1976 Supp. 38-717 requires that a teacher wh…

K.S.A. 8-286 requires that a person adjudged an habitual violator be deprived, for an indefinite period of time, of his or her privilege to drive on the public highways of the state. The privilege cannot be restored for three years, as provided in K.S.A. 8-288.