Kansas Attorney General Opinions

K.S.A. 19-214 requires that all contracts for the erec- tion of county buildings be awarded on a public letting to the lowest responsible bidder. It does not apply, however, to the purchase of an existing structure by the board of county commissioners for county use. No charter resolution is necessary to exempt the transac- tion from the cited statute, accordingly, and purchase of the structure may be authorized by ordinary resolution. *

When the district court reviews the summary of the medical records of an involuntary patient pursuant to K.S.A. 1977 Supp. 59-2917a(a), this review need not be conducted as an adversary hearing.

The bond required by K.S.A. 60-1111(a) is mandatory, and there is no authority for a waiver of that require- ment by any governing body or any public official. There is no existing basis upon which to conclude that any member of a governing body or public official who willfully and deliberately fails to require the filing of the bond is immune from personal liability against a claim by any materialmen or worker on such project • for any indebtedness which the contractor or subcon- tractor has failed to satisfy. *

The proceeds of a general obligation bond issue, ap- proved and sold for the purpose of erecting and equip- ping a public library which is operated pursuant to K.S.A. 12-1218 et seq., should be paid over by the city treasurer to the treasurer of the library board for its use and disbursement. * *

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.

A member of a community junior college board of trustees who abstains from voting upon a particular question shall be deemed to acquiesce in the will of the majority of members voting upon that question.

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. * *

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.

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.

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…

February 10, 1 978 ATTORNEY GENERAL OPINION NO. 78- 64 Lyndus Henry County Counselor Box 31-A Olathe, Kansas 66061 RE: Mortgage Registration - Exemptions - Subsequent Mortgages including first mortgage debt - Neces- sity of same lender. K.S.A. 79-3102(3). SYNOPSIS: To prevent the…

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. * *

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. *

January 6, 1978 ATTORNEY GENERAL OPINION NO. 78- 6 Mr. Robert W. Manske Woodson County Attorney Post Office Box 100 Yates Center, Kansas 66783 Re: Counties--Employees--Minimum Wage Synopsis: Under ch. 179, § 6(a), L. 1977, effective January 1, 1978, no employer shall employ any e…

"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.

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 .

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. *

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.

When the maker of a check payment of which is refused by a bank or other depository due to insufficient funds thereupon promptly and within seven days of notifica- tion that payment of the check had been refused, pays the amount thereof to the holder of said check, failure to pay, in addition, any service charge sought to be assessed by the holder of the check affords no basis for prosecution under K.S.A. 21-3707. The holder of such a check may lawfully assess such a service charge, but may not enforce payment thereof through use of the criminal law processes of the state. * *

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…

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. *

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.

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. *

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.…

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-

It is the obligation of the contracting public agency to assure that its contractor pays the wages required by K.S.A. 44-201 by prescribing the applicable wage rates at the outset of the contracting process, announc- ing those wage determinations in specifications seeking competitive bids, and to incorporate those rates in the final contract documents.

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. .

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 legal elements of a common law marriage are present capacity of the parties, a contract to assume the mar- riage status at the time the contract was made, and a holding of each other out to the public as husband and wife.

Ordinance No. 662, adopted December 4, 1978, by the City of Fairway, Kansas, is ineffective to reduce the rate of the levy of the intangibles tax levied for the benefit of that city and collected in 1979.

The expenditure of public funds in order to make struc- tural modifications in church facilities which are used as nutrition centers in programs sponsored by the De- partment of the Aging in order to make such facilities accessible to physically handicapped persons is not prohibited by the Establishment Clause of the First Amendment to the United States Constitution.

When a person lawfully entitled to do so files an af- fidavit under K.S.A. 79-2102, the affidavit constitutes evidence required by K.S.A. 8-173(b) showing that the vehicle is thereby exempt from taxation for that tax year, and authorizes the acceptance of such motor veh- icle registration application by the county treasurer.

In granting an application by a school district for an increased budget under K.S.A. 1977 Supp. 72-7071, the State Board of Tax Appeals has no authority to prescribe limitations upon the 1979-1980 or any other future budget of the applicant school district, for those limitations are prescribed by K.S.A. 1977 Supp. 72-7055. When the Board approves an increased budget under the referenced statute, that budget becomes the only legally adopted budget of the district, and that budget as increased, alone may be considered in deter- mining the effect of K.S.A. 1977 Supp. 72-7055 upon future budgets,