Kansas Attorney General Opinions

August 7, 1979 ATTORNEY GENERAL OPINION NO. 79- 167 Mr. Phillip I. Harris City Attorney Overland Park City Hall 8500 Antioch Overland Park, Kansas 66212 Re: Public Officers and Employees -- Open Public Meetings -- Secret Balloting Synopsis: The Overland Park City Council may not …

Pursuant to the provisions of K.S.A. 79-306 and 79-1422, the final date upon which statements listing the tangible personal property of individual taxpayers must be filed before a penalty for late filing will be assessed is the last day of February. *

K.S.A. 19-436 (as amended by L. 1979, ch. 52, §83) imposes an annual requirement to publish notice regarding the costs incurred pursuant to K.S.A. 19-430 et seq., providing for the appointment, qualifications, compensation, powers and duties of county appraisers. Further, if a timely protest petition is not filed in response to such notice, the taxes required to pay such costs must be ex- cluded in computing a county's aggregate tax levies and thereby be exempt from "tax lid" limitations.

In determining a local public library's eligibility for state grants-in-aid pursuant to K.S.A. 75-2556, local ad valorem tax reduction fund moneys may not be considered in measuring the local tax effort. Such effort is based solely on ad valorem tax levies. (Affirming Attorney General Opinion No. 79-60.)

A city or county port authority is authorized by K.S.A. 12-3401, et seq., to acquire or construct facilities for industrial use which are not necessarily related to the operation of a port, terminal, or transportation facility. Further, said authority may issue revenue bonds for the acquisition or construction of said facility so long as the statutory guidelines for issuance of such bonds are complied with. *

The provisions of subsection (c) of K.S.A. 1978 Supp. 79-3425c, which designates the permissible usage of a city's distributive share of the Special City and County Highway Fund, permits the purchase of equipment which is to be used in connection with the construc- tion, reconstruction, alteration, repair and main- tenance of the streets and highways of such city.

July 23, 1979 ATTORNEY GENERAL OPINION NO. 79- 161 Mr. Edwin H. Bideau, III Neosho County Attorney 123 W. Main Chanute, Kansas 66720 Re: Criminal Procedure -- Criminal History Record Information -- unlawful for Employers to Require Certain Acts Synopsis: A person is entitled to i…

The monthly publication of a statement of all county expenditures, as required by K.S.A. 19-228, must include by itemized description an identification of each and every sum allowed, and the purpose of each such disbursement. Description of sums allowed by totals according to general classifications and categories is inadequate to satisfy the requirements of this statute. * *

February 12, 1979 ATTORNEY GENERAL OPINION NO. 79- 16 Ms. Patricia Ridenour City Attorney City of Cimarron Cimarron, Kansas 67835 Re: Crimes and Punishments -- Crimes Against Property -- Giving a Worthless Check. Synopsis: K.S.A. 21-3707 (giving a worthless check) would permit pr…

The provisions of K.S.A. 1978 Supp. 79-342, as amended by Section 1 of 1979 Senate Bill No. 261 (L. 1979, ch. 311, §1) violate the provisions of Article 11, Section 1 of the Kansas Constitution, which requires that the legislature provide for a uniform and equal rate of assessment and taxation.

The provisions of K.S.A. 79-3901 et seq., impose an excise on harvesting and dealing in grain. Thus, the provisions of Article 11, Section 1, of the Kansas Constitution are inapplicable thereto, and such excise represents a constitutionally valid exercise of legislative authority.

The statutory exemptions provided for in K.S.A. 79-201a, Second, as amended by L. 1979, ch. 307, Sl; 79-201d; and 79-201f, as amended by L. 1979, ch. 308, §1, cannot be said, as a matter of law, to be entirely devoid of a rational basis. Such statutory exemptions are not constitutionally infirm as a violation of Article 11, Section 1, of the Kansas Constitution. However, the provisions of K.S.A. 79-201e, which grant only a partial exemption of certain real estate from property taxation conflict with said constitutional provi- sions which require a uniform and equal rate of assessment and taxat

Governing bodies of cities and counties under 300,000 population which voluntarily create joint boards of health may not review the actions of such boards absent the reservation of such authority in the agreements or ordinances creating the board. Cities and counties, in counties under 300,000 population, may provide by rule and regulation for the conduct of the joint board of health providing such authority is reserved in the agreement or ordinances creating a joint board of health. Cities and counties may, by exercising their respective home rule powers, exempt themselves from the requiremen

July 26, 1979 ATTORNEY GENERAL OPINION NO. 79- 155 Mr. Evan Nightingale Grant County Attorney Grant County Courthouse Ulysses, Kansas 67880 Re: Counties -- Taxation -- Levy for Historical Purposes. Synopsis: The taxing provision for the preservation of historical records establis…

The Small Claims Procedure Act, K.S.A. 67-2701, et seg., allows an agent fiduciary to file claims, cross claims, and be a witness on behalf of his principal, so long as the agent fiduciary is not an attorney, and so long as the "small claim" is not based on an obligation or indebtedness.

Disbursements from the prosecuting attorneys' training fund established by K.S.A. 1978 Supp. 28-170a are made upon the order of the county or district attorney, and the county treasurer may not refuse to release such funds when the county or district attorney has ordered the expenditure.

Pursuant to K.S.A. 75-4108, the Committee on Surety Bonds and Insurance may purchase dental insurance coverage. Such purchase may be made as part of a contract for health or hospitalization insurance or by separate contract. Pursuant to K.S.A. 75-4110, for any contract providing dental coverage, the premium amount for any such individual coverage must be paid by the State of Kansas.

July 23, 1979 ATTORNEY GENERAL OPINION NO. 79- 151 Mr. James A. Spencer City Attorney The City of Oakley Oakley, Kansas 67748 Re: Taxation -- Exemption -- Municipally Owned Property. Synopsis: Municipally owned property which is leased to entities or individuals whose use of the …

July 19, 1979 ATTORNEY GENERAL OPINION NO. 79 - 1S 0 Mr. John J. Conard, Executive Officer Kansas State Board of Regents Suite 1416, Merchants National Bank Tower Topeka, Kansas 66612 Re: Section 504 of the Rehabilitation Act of 1973---Section 3(b) of Executive Order 11914---Resu…

The Crime Victims Reparations Board may award reparations for claims filed with the Board on or after July 1, 1978 based upon injury or death which occurred on or after July 1, 1977 if the claim made with the Board is within one year of the injury or death. * *

July 18, 1979 ATTORNEY GENERAL OPINION NO. 79- 149 Mr. John C. Bottenberg Director, Division of Vehicles Department of Revenue State Office Building Topeka, Kansas 66625 Re: Insurance---Kansas Automobile Injury Reparations Act---Notice of termination by insurance company---K.S.A.…

The secretary of revenue may provide for issuance of duplicate identification cards by regulation. The fee for a duplicate identi- fication card must be prescribed by regulation and may not exceed the actual cost of issuance.

The Office of Revenue Sharing of the United States Treasury Department has the authority to prescribe the type of audit which must be performed by a state in order to maintain its eligibility to receive revenue sharing funds. If these requirements are not met, federal statutes provide the Secretary of Treasury the authority to withhold payment of these funds.

The investment of moneys accumulated in a county solid waste fee fund, which moneys are not immediately required for the maintenance and operation of the county solid waste management plan, is governed by the provisions of K.S.A. 12-1675 et seq. Pursuant to said statutory pro visions, any moneys earned and collected from the investment of such fund must be credited to the general fund of the county.

The Register of Deeds has the discretionary power to postpone collection of the filing fees required by the provisions of K.S.A. 1978 Supp. 28-115. However, should the Register of Deeds fail to collect any such fees, the amount thereof may be deducted from his or her salary.

The governing body of a city, which city has the requisite population mandated by the provisions of K.S.A. 1978 Supp. 19-117(c), may, pursuant to said statutory provisions, request the board of county commissioners of the county in which such city is located, to submit to a referendum the question of imposing a tax, excise, fee, charge or other exaction, although the city, itself, is prohibited from imposing the proposed tax. * *

A judgment incorporating a monthly child support order is not a judgment arising out of a contractual relationship for the acquisition of "necessaries," and, as such, does not entitle the judgment creditor to garnish unemployment compensation benefits of an individual under K.S.A. 1978 Supp. 44-718(c). *

The Secretary of State is not authorized to act as agent to accept service of any process on behalf of a foreign corporation when there is a resident agent for such corporation and an absence of showing that the resident agent cannot with reasonable diligence be found at the registered office.

The issuance of industrial revenue bonds for the purpose of encouraging and stimulating the economic welfare and prosperity of a particular county is an appropriate matter of local legislation and a permissible exercise of the county's home rule power which may be accomplished by ordinary resolution, with one exception. A county's issuance of bonds for hospital purposes may be accomplished only by charter resolution to the extent that the resolution authorizing bonds for such purposes is "contrary to an act of the legislature which is applicable" to such county under provisions of K.S.A. 19-18

In computing the annual franchise tax due from a domestic or foreign limited partnership under K.S.A. 1978 Supp. 56-123a(b) and K.S.A. 56-123c(b), the invested capital of the limited partnership should be increased in the amount of capital contributions by limited partners admitted after formation of the limited partnership, and should be decreased in the amount of any withdrawal or reduction of a limited partner's contribution.

February 12, 1979 ATTORNEY GENERAL OPINION NO. 79- 14 Mr. Melvin M. Gradert County Counselor Harvey County Newton, Kansas 67114 Re: Counties and County Officers -- Jails -- Medical Care of Prisoners Synopsis: A County is responsible for the expense of medical care provided to an …

Pursuant to the Professional Corporation Law of Kansas, K.S.A. 17-2706 et seq., and the Real Estate Brokers' License Act, K.S.A. 58-3001 et seq., only individuals may engage in the activities of licensed real estate salesmen, and a corporation may not be formed for the purpose of offering such services. *

Pursuant to K.S.A. 1978 Supp. 25-4508, as amended, only those costs which are solely attributable to the conduct of a local elec- tion and which are in addition to costs incurred to conduct the presidential preference primary election held simultane- ously are expenses that shall be paid by the governmental subdivision holding such local election. Persons filing a declaration of intent to be a candidate in the Kansas presidential preference primary election need not comply with the terms of K.S.A. 25-206 and must only deposit a writing, along with the required fee, sufficient to satisfy the te

Pursuant to Kansas law the Kansas Turnpike Authority is a public agency and not a "private organization or individual" as these terms are used in the U. S. Department of Interior "Heritage Conservation and Recreation Service Manual."

The State of Kansas may prohibit the distribution and sale of "water added hams," since such products are within the definition of the term "adulterated" contained in 21 U.S.C. §601(m)(8) and K.S.A. 65-664(b)(4). A federal regulation allowing the addition of water in an amount up to 10% of the fresh, uncured product weight is out of harmony with the federal statute pursuant to which it was promulgated and, therefore, is a mere nullity. Thus, there is no conflict be- tween Kansas and federal laws.

The admission of a child to a public school may properly be prevented by the board of education if the child cannot establish that he or she has, or will, attain the minimum age required for school attendance. However, the board should accept any document which reasonably tends to establish that the child satisfies these requirements. Further, the admission of a child to a public school may be suspended if the child does not present the immunization records required by K.S.A. 1978 Supp. 72-5209 and K.A.R. 28-1-20.

A county may issue no fund warrants to cover the cost of providing uniforms to process servers appointed by the sheriff pursuant to Chapter 78 of the 1979 Session Laws of Kansas.

July 5, 1979 ATTORNEY GENERAL OPINION NO. 79- 133 Dr. Merle R. Bolton Commissioner of Education State Department of Education 120 East 10th Street Topeka, Kansas 66612 Re: Schools--School Attendance-Effect of School Closings Due to Hazardous Driving Conditions on the Duration of …

K.A.R. 28-29-62 is not beyond the statutory authority pursuant to which it is promulgated and is sufficient to allow the State Department of Health and Environment to compel compliance with its requirements.

Pursuant to K.S.A. 22-3701 the Governor may pardon or commute the sentence of a person convicted of a crime within the State of Kansas upon such conditions as he may prescribe provided it is done in compliance with legislative regulations. Further, the condition deferring parole eligibility does not usurp the jurisdiction of the Kansas Adult Authority. *

July 2, 1979 ATTORNEY GENERAL OPINION NO. 79- 130 Mr. Charles V. Hamm General Counsel Department of Social and Rehabilitation Services State Office Building Topeka, Kansas 66612 Re: Social Welfare--Confidentiality of Information Con- cerning Applicants For and Recipients of Assis…

February 8, 1979 ATTORNEY GENERAL OPINION NO. 79- 13 Mt. Michael L. Baughn Councilman P.O. Box 216 Brewster, Kansas 67730 Re: Counties and County Officers -- Jails -- Housing City Prisoners in County Jails. Synopsis: K.S.A. 19-1930 authorizes and requires a county to house city p…

July 3, 1979 ATTORNEY GENERAL OPINION NO. 79- 129 Mr. Dan Love County Attorney Ford County Courthouse Dodge City, Kansas 67801 Re: Mortgage Registration--Mortgage Registration Fee-- Determination of Amount of Fee Synopsis: The mortgage registration fee imposed pursuant to K.S.A. …

Provided he acts with the utmost good faith and strictly avoids misrepresentation, a broker may offer an unconditional gift certificate to any person who lists real estate for sale upon a standard listing contract. Likewise, a real estate broker does not violate any statute or regulation of this state in giving a gift certificate to his employees as part of an "incentive sales program." *

The initiative and referendum provisions of K.S.A. 12-3013 cannot be utilized to compel a city governing body to eliminate the intangibles tax levied pursuant to K.S.A. 79-3109. However, the latter statute has been amended, effective July 1, to provide a procedure whereby qualified voters of a city can compel the elimination of said tax, even though such procedure re- requires the voters to concurrently authorize the city's governing body to replace the revenue lost thereby.

The Cash-Basis Law (K.S.A. 10-1101 et seq.) apliesonlytosubdivisionsofthestate authorized by law to raise money by taxation. A board of trustees of a city hospital, appointed pursuant to K.S.A. 1978 Supp. 13-14b09, has no authority to raise money by taxation; therefore, the fiscal affairs of such board are not subject to the. Cash-Basis Law.