Kansas Attorney General Opinions

June 15, 1979 ATTORNEY GENERAL OPINION NO. 79- 122 Mr. M. D. Boyles, Superintendent Unified School District No. 278 Mankato, Kansas 66956 Re: Schools--School Textbooks--When Free Textbooks Required Synopsis: The opinion of the Attorney General issued on August 18, 1971, has not b…

A sheriff may legally receive and retain compensation from a Rural Fire District for performance as a volunteer fireman, since such a function is not a duty or obligation of the office of sheriff. *

The provisions of K.S.A. 1978 Supp. 25-3902(e) require that one-third of the eligible members of a political party's district convention constitutes a quorum thereof. Within this context, "eligible members" means and refers to those persons within the district who have been duly elected or appointed as precinct committeemen or precinct committeewomen of such party.

A former insurance company employee does not have an interest in an insurance company within the meaning of K.S.A. 40-110, when such employee is merely eligible to receive pension benefits from a trust fund established under the insurance company pension plan administered by an independent trustee.

The proposed creation of a "conservation zoning district," by which each lot in the district is restricted to its existing use would be invalid because the use of buildings and land on adjacent and otherwise similarly situated pieces of property would be non-uniform contrary to the requirements of K.S.A. 12-707. Such a restriction imposes a far broader restriction on a landowner's use of property than is reasonably necessary to achieve the goals of density control and stabiliza- tion of neighborhood development.

K.S.A. 19-15,114 et seq. is a uniform act establishing the procedure by which counties may acquire public buildings or sites therefor by gift, purchase or condemnation. A charter resolution which would establish the power of eminent domain in Lyon County for such purposes is unnecessary. Since the state law governing said county function is an act which applies uniformly to all counties, the county may only exercise its home rule authority in this regard subject to, and not at variance with, provisions of the uniform state law.

There is no statutory duty on the part of a sheriff to serve out-of-state process; therefore, the provisions of K.S.A. 28-110 pertaining to sheriff's fees and the disposition thereof is inapplicable. *

A person who engages in the practice of psychology, as that term is defined in K.S.A. 74-5302(a), but does not "represent himself to be a psychologist," as that term is defined in K.S.A. 74-5302(b), does not violate the Certification of Psychologists Act. Said act does not regulate the practice of psychology except with regard to the conduct of certified psychologists. K.S.A. 74-5344(c), which relates to the use of "official titles" by government employees, does not violate the Fourteenth Amendment to the United States Constitution. *

Shawnee County Resolution No. 79-53 is contrary town act of the Kansas Legislature and is procedurally deficient as it purports to pertain to the Office of the District Court Trustee for the Third Judicial District of Kansas A county may not under home rule powers established in K.S.A. 1978 Supp. 19-101a enact local legislation which affects the courts located within the county.

June 12, 1979 ATTORNEY GENERAL OPINION NO. 79- 114 Edwin H. Bideau Neosho County Attorney 123 West Main Chanute, Kansas 66720 Re: Courts--Neosho County District Court--Division of Expenses Between County and City of Chanute Synopsis: By virtue of the combined provisions of K.S.A.…

Shawnee County Resolution No. 79-53 as it purports to regulate the appointment powers of other duly elected county officials in some respects exceeds the legal power vested in the Board of County Commissioners, and in other respects the resolution is procedurally deficient to effect the intended result.

Unified school districts are required, by the provisions of K.S.A. 1978 Supp. 72-961 et seq., to furnish special education to children in private and parochial schools, as well as those schools operated under the jurisdiction of such school districts. In the event that any such unified school district fails to comply with said statutory provisions, including the state plan, and rules and regulations adopted by the State Board of Education thereunder, the Board is required by state and federal law to withhold from such district federal funds to which such district would otherwise be entitled.

The operation of K.S.A. 1978 Supp. 74-7001 et seq., the Board of Technical Professions Act, and K.S.A. 1978 Supp. 17-2706 et seq., the Professional Corporations Act, serve to authorize the perform- ance of professional services such as engineering, land surveying, architecture and landscape archi- tecture, by only those persons who are licensed,

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.

Once the city governing body approves the decision to erect a library building under K.S.A. 12-1225(b), the authority and responsibility to implement and execute that decision, through the execution of contracts and the disbursement of funds therefor, rests solely with the library board. *

A municipality or housing authority in Kansas, organized under K.S.A. 17-2338, et seq., is legally authorized to utilize a nonprofit corporation as its duly autho- rized agency or instrumentality to act on its behalf in the issuance of tax-exempt bonds, the proceeds of which would be used in the construction of housing under the Kansas Municipal Housing Law. *

In general, the regulatory authority of the Kansas Mined- Land Conservation and Reclamation Board under K.S.A. 49-405, authorizes the adoption of standards necessary to implement the initial regulatory program of the Surface Mining Control and Reclamation Act of 1977. *

K.S.A. 80-2128 empowers district hospital board of trustees to issue municipal bonds to pay the cost of medical clinics, as well as, hospitals, dental clinics and emergency medical services. * *

A city is not prohibited from authorizing the issuance of industrial revenue bonds for the construction of a facility to house a nonstock, mutual savings and loan association by reason of any deposit of funds of the city or an agency thereof in such association. *

February 27, 1978 ATTORNEY GENERAL OPINION NO. 78-94 Mr. John Dekker Director of Law Office of Law Department 13th Floor - 455 North Main Wichita, Kansas 67203 Re: Cities--Initiative--Ordinances Synopsis: A proposed initiative ordinance of the City of Wichita provides that the "W…

Payment of a charge assessed by the City of Topeka Water Department, for fire lines, standpipes and fire hydrants deemed necessary to provide adequate water connections and fire protection to structures requiring such equip- ment in excess of the size provided domestic users, as authorized by city ordinance, is within the authority of the State of Kansas for such connections installed and maintained at the State Office Building and at the state building at 503 Kansas Avenue, Topeka, Kansas. *

In acting under K.S.A. 19-3631 upon a petition for de- tachment of territory from a fire district organized under K.S.A. 19-3624, the board of county commissioners may exercise its discretion in approving or disapproving any proposed detachment of territory from said district. *

February 24, 1978 ATTORNEY GENERAL OPINION NO. 78- 91 Rosalee Sprick Register of Deeds Rooks County Courthouse Stockton, Kansas 67669 RE: Uniform Commercial Code - Financial Statements - Fixture Filing - Failure to Name Title Owner of Real Estate - Duties of Filing Officer. SYNOP…

(1) Donations to county hospitals become property of the county subject to control of the board of trustees of such hospital; (2) Boards of trustees have duty and authority to care for county property under its control in businesslike manner; (3) Lawfully available funds of hospital may be expended for care of county property under hospital board's control under certain conditions; (4) Board of truste e s may co-sign promissory notes to secure funds to care for county property under its control; and, (5) Board of trustees may appoint directors to corpora- tion (county property) where such is i

The Attorney General is not authorized to review the fiscal impact statement prepared pursuant to K.S.A. 77-420(b) for sufficiency, form or legality. *

A city may operate its own service program for the el- derly pursuant to K.S.A. 1977 Supp. 12-1680 at the same time that the county in which such city is located also operates its own service program for the elderly under the same provision. However, such a city which operates its own program may not participate in the program oper- ated at the same time by the county, although taxable tangible property in the city remains liable for the levy imposed to support the county property. *

Territory of the Wyandotte County Public Library should not be included in determining the population within the district of the Kansas City, Kansas, Public Library, for determining the amount of the grant-in-aid to which such library is entitled under the State Grants-in-Aid to Libraries Act, K.S.A. 75-2553 et seq. * *

(1) The Kansas State Park and Resources Authority is statutorily authorized to accept money bequests, gifts and donations without necessity of securing legislative authorization. (2) Gifts or payments for a particular purpose received by the state do not require legislative action to estab- lish the necessary fund outside the general fund. *

A municipal ordinance granting a cable television fran- chise becomes effective pursuant to K.S.A. 12-2007 rather than K.S.A. 12-2001.

The phrase "other district judges of such judicial district" as used in K.S.A. 1977 Supp. 20-345 refers only to district judges of the district, and does not include associate district nor district magistrate judges. Thus, appointments by the administrative judge of each judicial district of personnel enumerated in that section are subject to the approval only of the district judges thereof, and not to the approval of associate district nor district magistrate judges.

February 21, 1978 ATTORNEY GENERAL OPINION NO. 78- 84 Daniel D. Metz City Attorney 116 South Fourth Street Lincoln, Kansas 67455 RE: Mortgage Registration Tax - Municipal Housing Bonds - K.S.A. 17-2351, 79-201a (Sixth), and 79-3102. SYNOPSIS: The Mortgage Registration Fee law is …

The provisions of House Bill No. 3050 are supported by the decision of the U.S. Supreme Court in California v. LaRue, 409 U.S. 109, 34 L. Ed. 2d 342, 93 S. Ct. 390 (1972). *

In order to authorize the establishment of a county law library under K.S.A. 19-1319, the question must be approved by a majority of all the attorneys residing within the county and admitted to practice in the Kansas courts, and approval merely by a majority of those vot- ing, which falls short of a majority of all those eli- gible to vote, does not authorize the establishment of a county law library under that section.

February 20, 1978 ATTORNEY GENERAL OPINION NO. 78- 81 Mr. Fletcher Bell Commissioner of Insurance Kansas Insurance Department 1st Floor - State Office Building Topeka, Kansas 66612 Re: Motor Vehicles--Insurance--Rights of Action Synopsis: Section 4(a) of 1977 House Bill No. 2490,…