Kansas AG Opinions, 1978

A city may not annex an area of land of less than 20 acres under K.S.A. 12-520(f) unless such land proposed to be annexed is a "tract" as defined by K.S.A. 12-519(a).

County hospital board of trustees is authorized to em- ploy a dentist, and equip, operate and maintain a dental clinic in connection with county hospital.

February 15, 1978 ATTORNEY GENERAL OPINION NO. 78- 71 Mr. Richard A. Schultz District Court Administrator Shawnee County Courthouse Topeka, Kansas 66603 Re: Courts--Personnel--Defense Synopsis: If an officer or employee of a state district court is named as a defendant in a suit …

When a law enforcement officer detains a person under emergency circumstances under K.S.A. 1977 Supp. 65- 4027(A), the officer may detain such person in a jail only when the individual has not been accepted by a public treatment facility within the territorial limits of the officer's jurisdiction, and there is no private treatment facility, other emergency medical service or other like facility able and willing to accept such person for care.

The enactment of House Bill No. 2719 in its present form, as amended by House committee, does not alter the existing authority of licensed physical therapists to provide services only under the direction of a li- censed physician and surgeon, and such licensed physi- cian may not delegate to his or her physician's assis- tant the statutory responsibility of the former to direct the services provided by physical therapists. * *

The cost of medical treatment provided a prisoner arrested for violation of a state statute is the responsibility of the county. The cost of medical treatment provided a pri- soner arrested for violation of a local municipal ordi- nance is borne by the city.

The Johnson County Sheriff's Office, the Shawnee and Lenexa Police Departments and the Shawnee Mission Park Patrol each have the authority to enforce the laws of. Kansas and conduct criminal investigations in Shawnee Mission Park. The Sheriff, City Police and Park Patrol have coexten- sive responsibilities in the enforcement of state laws in Shawnee Mission Park.

A motor vehicle service contract, offered by a third- party lender to its debtor respecting a motor vehicle purchased with financing provided by such third-party lender, constitutes a contract of insurance subject to the Kansas insurance code. * *

Articles of incorporation filed pursuant to K.S.A. 9- 801 and verified statements in support of applications for a certificate of authority pursuant to K.S.A. 9- 804 are documents of public record, available for public inspection pursuant to K.S.A. 45-201. Financial state- ments required by K.A.R. 17-16-2 are confidential pur- suant to the terms of that regulation, and information derived from the examination of banks is confidential under K.S.A. 9-1712.

When a city governing body acts pursuant to Robert's Rules of Order in the consideration of an application for rezoning, when such application receives an affirma- tive vote of the governing body, but does not receive the affirmative votes of the majority required for passage, the question may be considered by the governing body at a subsequent meeting by renewal thereof pursuant to § 37, Robert's Rules of Order, Newly Revised. *

Use of the design/building procedure, as outlined here- in, for construction of a multi-level parking facility at the University of Kansas Medical Center, does not violate K.S.A. 75-3741.

A county sheriff may lawfully be appointed bailiff of the district court, and may receive such compensation as is provided for that position in the budget of the district court. * *

Two separate legislative proposals instituting the death penalty for certain criminal offenses, House Bill No. 2863 and Senate Bill No. 599, both more than adequately comply with present, established constitutional parameters. *

1978 House Bill 2930, prohibiting the ownership of real property in the State of Kansas by noncitizens, would, if enacted, be insupportable under the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. *

"Original description", as that term is used in K.S.A. 1977 Supp. 26a-128, refers to that description which first delineates the bound- aries of a specific parcel of land, as opposed to pre-existing descriptions of land areas of which the specified parcel is a part.

February 7, 1978 ATTORNEY GENERAL OPINION NO. 78-65 Mr. John Dekker Director of Law City Hall - Thirteenth Floor 455 North Main Street Wichita, Kansas 67202 Re: Cities--Funds--Disposition Synopsis: Moneys received from Blue Cross-Blue Shield as divisible surplus under a group hos…

A lot located at Seventh and Washington Streets, devised to the board of directors of the city library of the City of Junction City under a will executed in 1904, may be sold by the board, with the approval of the governing body, and the proceeds thereof applied to the construction of a library facility elsewhere in said city.

The award of a contract for a program known as Medicaid Management Information Services to Electronic Data Systems, Inc., was made in full and scrupulous compli- ance with Kansas competitive bidding requirements.

1978 Senate Concurrent Resolution No. 1640, which pur- ports to rescind, effective March 22, 1979, 1972 House Concurrent Resolution No. 1155, contingent upon the failure of three fourths of the states to ratify the proposed equal rights amendment, is not invalid because it becomes effective at a date certain in the future upon the happening of a contingent event, nor does it represent an act which operates impermissibly to bind subsequent legislatures.

The board of county commissioners in the exercise of its statutory home rule powers may define the duties of county officers to provide services pursuant to inter- local agreements entered into pursuant to K.S.A. 12-2901 et seq., and resolutions which define the duties of such officer for those purposes have the force and effect of law defining the duties of the officer which he or she is legally bound to provide by virtue of his or her office.

Board action directing the furnishing of a statement of reasons under section 3 of 1978 House Bill 2234 must be taken in open session under the Kansas open meeting law, K.S.A. 75-4317 et seq. *

February 2, 1978 ATTORNEY GENERAL OPINION NO. 78- 51 Ms. Dorothy K. White Sedgwick County Clerk Sedgwick County Courthouse Wichita, Kansas 67203 Re: Counties--Home Rule--Personnel Synopsis: K.S.A. 1977 Supp. 19-101a et seq., granting the board of county commissioners power to tra…

An agreement between a city and county whereby, for an agreed sum, the sheriff will provide police protec- tion to the city, and county vehicles, equipment and facilities will be committed to providing that service, constitutes an interlocal cooperation agreement subject to the provisions of the Interlocal Cooperation Act, K.S.A. 12-2901 et seq.

A conflict exists between the provisions of the Comprehensive Employment and Training Act (29 U.S.C. 801, et seq.) and the State competitive bidding procedures (K.S.A. 75-3739, et seq.) as both statutes apply to the selection of delivery agents for programs operated by the Department of Human Resources pursuant to the Comprehensive Employment and Training Act, and as a result of said conflict the provisions of K.S.A. 75-3739, et seq. , are inapplicable to .

February 1, 1978 ATTORNEY GENERAL OPINION NO. 78- 49 Mr. Jerry J. Hess City Attorney for Westwood 100 Cloverleaf 3 Building 6405 Metcalf Shawnee Mission, Kansas 66202 Re: Cities--Elections--Primaries Synospis: A city may exempt itself from K.S.A. 1977 Supp. 25- 2108a, and the req…

Where a public officer is convicted of perjury during a prior term, arising out of a matter unrelated to the performance of his official duties or to the affairs of the municipality which he serves, the offense was widely disclosed to and known to the electorate prior to and at the time of his reelection, and there is no basis for deeming any actionable conduct to have ex- tended into his present term, his return to office by the electorate for a succeeding term prohibits an ouster proceeding based upon the conviction occurring during the preceding term.

A minor has the capacity to consent or refuse a blood alcohol test under the procedures of K.S.A. 8-1001, though a medical facility cannot be com- pelled to administer the test if it chooses to require parental or guardian approval. The administrative sanctions flowing under K.S.A. 8-1001 as a result of refusing to submit to a blood alcohol test would not apply unless the minor himself actually refuses the test. *

A law enforcement officer may not contact certain de- fendants by telephone in order to inform them that a warrant is outstanding for their arrest. Such dis- closures violate the prohibition of K.S.A. 21-3827. *

A mobile intensive care technician as defined by K.S.A. 1977 Supp. 65-4301(c) is authorized to administer paren- teral medication in a hospital under the direct super- vision of a licensed physician or registered professional nurse to either emergency or non-emergency patients. Certified ambulance attendants, or emergency medical technicians, are authorized to administer intravenous saline or glucose solutions during emergency runs if authorized to do so by the certificate which is issued to such persons. Such attendants are not authorized to provide or furnish medical procedures to non-emer-

The 1968 amendment of K.S.A. 14-204 and -205 operated to repeal an ordinance of the City of Norton providing for the filling of vacancies on the city council by special election. Thus, unless and until an appropriate charter ordinance is enacted by the city governing body, any vacancy occurring on the city council should be filled by appointment by the remaining members thereof. .

January 27, 1978 ATTORNEY GENERAL OPINION NO. 78- 45 Richard E. Samson Stevens County Attorney P. 0. Box 759 Hugoton, Kansas 67951 RE: Taxation - Personal Property - Oil and Gas Production - Sale of Real Estate Including Production Lease. K.S.A. 79-329 - 79-344; 79-2110; 58-2223.…

Abstracters are categorically subject to public inspec- tion provisions found at K.S.A. 59-214, and are subject to same restrictions as are other members of public under restrictions regarding access to records in cus- tody of district court or treatment facility of patients or former patients as provided in K.S.A. 59-2931. *

If a document is offered to the county election officer for filing as a petition pursuant to art. 36, ch. 25, K.S.A., and that document lacks the provisions and recitals required by K.S.A. 1977 Supp. 25-3602 or other applicable provisions, the county election officer has no duty or authority to proceed further to determine the sufficiency of the signatures thereon. *

The board of county commissioners is by statute respon- sible for the investment of idle funds of the county. In the exercise of the statutory home rule powers of the board, it may designate by resolution either the county treasurer or such other county officer as re- sponsible therefor, and prescribe the duties of such officer for the implementation of the county investment program.

Absent a demonstrated relationship between delinquent personal property tax liability and the fitness of an applicant for a municipal occupational license to engage in the occupation involved, the city is without autho- rity to deny issuance or renewal of an occupational license for nonpayment of personal property tax. * *

If no express statutory authority exists for the review and approval of a plat for filing respecting land located within one mile of the limits of an unincorporated city, which does not have a planning commission and which has not adopted subdivision regulations, and which land proposed to be platted is not an addition to the city, the board of county commissioners, in the exercise of its statutory home rule powers under K.S.A. 1977 Supp. 19-101a, may provide by local legislation for review and approval of such plat by the board prior to filing.

Legislation may be passed prior to the issuance of municipal bonds to give authority to statutory bonded indebtedness limitations which at the time certain bonds were approved by the voters did not exist. *

A county which contracts with a nonprofit private cor- poration to provide mental retardation services pursuant to K.S.A. 19-4004 may levy a tax of .25 mills for con- struction of facilities to house such services, and may erect such a building on land owned by the nonprofit corporation provided it is done pursuant to an agreement that title to the structure will vest in the board of county commissioners and that the structure is such that it may be removed from the property upon the ex- piration of the agreement.

Action by the city governing body fixing or increasing the compensation of members of the governing body to be paid from funds of the city for the performance of their official duties may be accomplished only by or- dinance, and not by resolution. The mayor has no power to veto a motion adopted by the governing body which does not constitute an ordinance. *

Proceeds of industrial revenue bonds of a city issued under K.S.A. 12-1740 et seq. may be used for the con- struction of a multiple-family residential development project. *

The special highway improvement fund may not be used for the construction of a county highway department building.

A county sheriff may deputize city police officers so as to enable them to provide law enforcement services in any area lying outside the limits of any incorporated city, and may deputize officers of a particular city to provide such services within populated areas adjacent to but lying outside the incorporated limits of such city. *

The use of codes to transmit non-conviction data for investigative or intelligence purposes by voice over the radio appears to be a reasonable precaution to be taken and within the guidelines set forth by the De- partment of Justice regulations governing the dissemi- nation of criminal history record information as de- fined therein. *

The validity of 1978 Senate Concurrent Resolution No. 1640, which purports to rescind, effective March 22, 1979, 1972 House Concurrent Resolution No. 1155, condi- tional upon the failure of three fourths of the states to ratify the proposed equal rights amendment, may be determined only by the United States Congress, when and if three fourths of the states have passed resolu- tions ratifying said amendment. *

A city with a population of less than 80,000 may issue general obligation bonds of the city to be paid by the city at large for the costs of main interceptor sewers lying within the corporate city limits and otherwise satisfying the requirements of K.S.A. 12-619. Said bonds may be issued in excess of the $100,000 limitation found at K.S.A. 12-621 and in addition to the city's bonded indebtedness limitation.

Any corporation formed for establishment and maintenance of cemeteries in or within two miles of any city of the third class must comply with the provisions of K.S.A. 17-1307, 17-1308, 17-1311, 17-1312, and 17-1312(a) through 17-1312(b).

January 17, 1978 ATTORNEY GENERAL OPINION NO. 78- 24 Mr. E. A. Jarvis Statewide Health Coordinating Council 154 N. Broadway, Room 1210 Wichita, Kansas 67202 Re: Public Health--Health Facilities--Appeal of Review Agency Synopsis: The term "records" as it is used in K.S.A. 1976 Sup…