Kansas AG Opinions — 1979

June 8, 1979 ATTORNEY GENERAL OPINION NO. 79-110 Mr. Joseph O'Sullivan Reno County Attorney 206 West First Street Hutchinson, Kansas 67501 Re: Fire Protection--Fire Safety and Prevention-- State and Local Regulation of Sale and Use of Fireworks Synopsis: The authority of a county…

January 5, 1979 ATTORNEY GENERAL OPINION NO. 79- 11 Mr. Stephen W. Boyda Marshall County Attorney Post Office Box 207 Marysville, Kansas 66508 Re: Counties--Benefit Districts--Assessments Synopsis: In creating a benefit district for the improvement of a road commonly known as thi…

Pursuant to a municipal ordinance requiring consent of the city council for the appointment of a city attorney, the decision of the council to withhold such consent does not, itself, constitute willful misconduct within the meaning of K.S.A. 60-1205.

An employee of a unified school district may hold office as a school board member for the district by whom he or she is employed. The doctrine of incompatibility of offices is inapplicable.

The Committee on Surety Bonds and Insurance may purchase professional malpractice insurance pur- suant to K.S.A. 75-4114, for and on behalf of, state agencies operating facilities soon to be subject to the provisions of K.S.A. 1978 Supp. 40-3401 et seq., by virtue of the terms of Substitute for Senate Bill No. 76 of the 1979 Legislative Session.

Transcripts of hearings before the Employment Security Board of Review are "official public records," within the meaning of K.S.A. 1978 Supp. 45-201, and must be made available for public inspection. *

K.S.A. 21-4213 requires hospital personnel to report all wounds resulting from the discharge of a firearm and all life-threatening puncture wounds caused by sharp objects to police authorities. Re: Infants -- Crimes Affecting Children -- Reporting Physical or Mental Abuse or Neglect of Children Synopsis: K.S.A. 1978 Supp. 38-717 requires hospital personnel to report all incidents of suspected physical or mental abuse of persons less than eighteen (18) years of age to the district court or department of social and rehabilitation services in the area where treatment occurred. *

A full-time municipal employee whose duties include the prevention or detection of crime and the enforce- ment of criminal or traffic laws is a police officer within the meaning of K.S.A. 1978 Supp. 74-5602(e). Such an employee is subject to the certification requirements and sanctions for non-compliance estab- lished in K.S.A. 1978 Supp. 74-5608. *

The Board of County Commissioners of Johnson County may adopt a charter resolution, in the manner pre- scribed by K.S.A. 19-101b, exempting said county from the whole or any part of K.S.A. 19-3613 et seq., which provide a statutory framework for the establish- ment and operation of fire districts that is applicable to Johnson County. Said charter resolution also may include substitute and additional provisions in lieu of the statutory provisions from which exemption is sought.

June 4, 1979 ATTORNEY. GENERAL OPINION NO. 79- 102 Mr. William L. Frost City Attorney City Hall -11th and Poyntz Manhattan, Kansas 66502 Re: Cities and Municipalities--Public Improvements-- Exercise of Home Rule Power Synopsis: A change in a city's classification from second clas…

The effective date of 1979 House Bill No. 2679, authorizing the sale or lease of a hospital organized and operated pursuant to K.S.A. 19-1860 et seq., is July 1, 1979, but the date upon which such hospital's board of trustees is abolished will be coincident with the date the hospital is either sold or leased.

By its amendment in Section 5 of 1979 Substitute for Senate Bill No. 376, which takes effect on July 1, 1979, K.S.A. 1978 Supp. 60-2310(d) will preclude the use of wage garnishment only in those situations where a creditor makes a legal assignment of a debtor's account to a collector or collection agency. Such prohibition no longer will extend to those situations where a creditor utilizes a collection agent or agency to collect a debtor's account, but retains ownership and control thereof. *

Mortgage and trust indentures entered into incidental to industrial revenue bond issues and submitted for registration to the appropriate register of deeds are not subject to the mortgage registration fee provided under K.S.A. 79-3102.

In the execution of a certificate forming a limited partnership under K.S.A. 56-123, a corporation which exec .._ .: such a certificate as a general or limited part by the signature of the president or vice-presi- dent need not have such signature attested by the secre- tary assistant secretary of such corporation as required by K.S.A. 17-6003, because the latter section does not apply to filings under the Limited Partnership Act.