Kansas Attorney General Opinions

The signature of one joint tenant, standing alone, is not sufficient to commit the property in support of a zoning protest petition. If the names of both joint tenants are affixed to the petition by only one joint tenant, without any indication that the signing joint tenant is authorized to act for the other joint tenants, the signatures are insufficient to commit the property in support of the protest. * *

A county sheriff has the authority to dispose of un- claimed personal property of former inmates. In disposing of such property, the sheriff, as a bailee for such property, should follow the procedure set forth by the provisions of K.S.A. 58-208 through K.S.A. 58-215. *

Those entitled to vote in an election under K.S.A. 72-8213 include those resident electors in the re- organized unified school district who reside in the geographical area of the district owning the school prior to unification.

A bag depository which is electronically interfaced with an automated customer service unit is a permissible constituent part of a remote service unit under K.S.A. 9-1111.

1978 Senate Bill 688, amending K.S.A. 1977 Supp. 74- 4902 to exclude CETA participants from the Kansas Public Employees Retirement Act is not, as a matter of law, facially unconstitutional. * *

June 9, 1978 ATTORNEY GENERAL OPINION NO. 78- 179 Mr. Floyd H. Dibbern State Fire Marshall Forbes Field, Building 730 Topeka, Kansas 66619 RE: Fire Protection -- Fire Safety and Prevention -- Rules and Regulations for Safeguarding Life and Property from Fire and Explosion SYNOPSI…

K.S.A. 72-8302(b) does not authorize the use of school district buses for transportation of students to Red Cross swimming programs or for the use of the Council Grove Swim Club.

The cost limitation referred to in (b) of K.S.A. 68- 1103, as amended by 1978 House Bill No. 2931, applies to the county's share of the cost, rather than the total project cost. *

June 6, 1978 ATTORNEY GENERAL OPINION NO. 78- 176 Jerry D. Fairbanks Wallace County Attorney Wallace County Courthouse Sharon Springs, Kansas 67758 RE: Taxation - Personal Property - Lien - Effect of Repossession and Foreclosure Sale. K.S.A. 79-2109, 79-2110 SYNOPSIS: Ad valorem …

Section 13 of Chapter 396 of the Session Laws of 1951 does not prohibit U.S.D. No. 386 from disposing of former common school district property known as Old No. 8 because said stat- ute was repealed by Chapter 312 of the Session Laws of 1969. *

The words "year" and "annual", as used in the motor vehicle registration law, and in the statute requiring proof of payment of personal property tax, refer to a "calendar" year. Every motor vehicle must be registered at some time during each calendar year, but registration must be refused if taxes are unpaid upon such vehicle for the preceding calendar year. * *

There is no statutory or constitutional objection to the implementation of a juvenile program involving pre- adjudication restitution and incorporating a citizen accountability board, and providing for diversion of appropriate cases to the restitution program from the juvenile court system. *

Due to regulations recently enacted by the federal Department of Health, Education, and Welfare, the Kansas Statewide Health Coordina- ting Council (SHCC) may no longer review de- cisions pertaining to applications for certificates of need when the review has been requested by the health systems agency which initially reviewed the application. * *

The Secretary of State should publish in the 1978 Ses- sion Laws only the correctly engrossed copy of Substitute for Senate Bill 849 which correctly reflects amendments thereto as finally approved by both houses of the legis- lature. The first version of the bill, signed by the governor and forwarded to the Secretary of State, does not correctly reflect the terms of the measure as fi- nally passed by both houses, and only the second, and correctly engrossed bill, signed subsequently by the governor should be published in the 1978 Session Laws. *

Section 1 of 1978 Senate Bill 857 establishes an in- crease of $1,500 in each step of the basic civil service pay plan, which maximum increase applies to the aggre- gate annual increase authorized for each employee there- under, rather than to monthly rates of compensation. The $1,500 limitation applies to increases authorized by virtue of the 7 1/4% increase in the pay plan, and does not limit increases due to employees' changes in steps or ranges during the fiscal year. *

May 23, 1978 ATTORNEY GENERAL OPINION NO. 78-170 Mr. Leonard L. Buddenbohm Atchison County Counselor 109 North Sixth Street Atchison, Kansas 66002 Re: Taxation--Reappraisal--Effect Of Senate Bill No. 971 Enacted By The 1978 Session--K.S.A. 79-1436b Synopsis: The entire matter of …

The Civil Rights Commission may contract with a local attorney to serve as a pro tem hearing examiner under House Bill 2889 signed in to law April 12, 1978. * Dear Mr. Lopez: You inquire whether a contract with a local attorney for legal services could include service as a pro tem hearing examiner under House Bill 2889 enacted by the Legislature and signed by the Governor on April 12, 1978 and effective July 1, 1978. In pertinent part House Bill 2889 provides as follows:

Annexation by a city of the third class of property lying within the territory of a fire district organized pursuant to K.S.A. 19-3613 remains within the fire dis- trict, and remains subject to all taxes levied by the fire district. The city may not, however, subject such property to any levy of city taxes for fire protection services, however. The fire district remains primarily responsible for fire protection services to all property within its boundaries, including that property annexed by and lying within a city of the third class.

May 18, 1978 ATTORNEY GENERAL OPINION NO. 78- 169 Mr. Gary L. Flory McPherson County Counselor The Home State Bank & Trust Bldg. McPherson, Kansas 67460 RE: Taxation - Oil and Gas Properties - Valuation - Effect of Increased Production Post-January 1. K.S.A. 79-301, 79-306b, 79-3…

1. The practice of midwifery is a per se violation of the Kansas Healing Arts Act, K.S.A. 65-2801, et seq. 2. A fetus unintentionally killed without malice in the commission of a violation of the Kansas Healing Arts Act is a violation of K.S.A. 21-3404: involuntary manslaughter. 3. Any person who intentionally aids, abets, advises, hires, counsels or procures midwives to practice ob- stetrics may be charged with involuntary manslaughter. * *

The term "compensation" used at K.S.A. 1977 Supp. 12- 5005(b) and "salary" at K.S.A. 1977 Supp. 13-14a06 both include all monies which are paid to the employee for and by reason of his or her employment, and each term includes lump sum payments of accrued sick leave pay. * *

The two (2) weeks limitation of K.S.A. 38-817(a) is not tantamount to the Sixth Amendment Constitutional guarantee of a right to a speedy trial afforded the accused in a criminal action. The two (2) weeks limitation is not jurisdictional in nature but is a procedural guideline for the courts to follow in juvenile matters. The state is not foreclosed from refiling a juvenile matter which has been dismissed due to the fact that a hearing had not been set within the two (2) weeks limitation of K.S.A. 38-817(a). *

The fee of one dollar required to be assessed in all civil and criminal cases under section 18 of 1978 House Bill No. 2163 is an unconstitutional exercise of the general revenue power of the state, in the guise of the assessment of court costs for the administration of the unified court system of this state. If the act were valid, however, the fee applies only to all cases filed on and after July 1, 1978, and applies to traffic cases. *

Section 12 of 1978 Senate Bill 419 provides that all applicants must pass the professional examination. Those with 25 or more years of experience may take the fundamentals examination orally. *

Costs borne by the county under K.S.A. 1977 Supp. 22- 3612 may be paid from the budget of the office of the county or district attorney. If the budget of that office is depleted during the fiscal year due to the operating costs of the office, including costs paid under this section, the board of county commissioners must make provision for paying such costs due under this section from other general fund monies of the county. *

The board of county commissioners has no authority to exempt property located in the county constituting the territory of a township hospital district organized under K.S.A. 80-2113 et seq. from the payment of taxes levied for the operation of a county hospital organized under K.S.A. 19-1801 et seq. The payment of taxes for operation of the county hospital by owners of property located in said township hospital district does not constitute constitutionally prohibited double taxation. * *

After compliance with its provisions, K.S.A. 8-235(d), in and of itself, authorizes a person over 14 years of age but under 16 years of age to operate a motorized bicycle on the highway and the restrictions of K.S.A 8-237 do not apply. *

The Statewide Health Coordinating Council must review an application for certificate of need on its merits when conducting hearings pursuant to K.S.A. 1977 Supp. 65-4801 et seq. *

May 2, 1978 ATTORNEY GENERAL OPINION NO. 78- 155 Mr. Thomas E. Osborn Attorney at Law 434 Brotherhood Building Kansas City, Kansas 66101 Re: Mentally Ill Persons--Emergency Hospitalization--Authority Of Peace Officers Synopsis: A physician on duty at K.U. Medical Center has no au…

April 27, 1978 ATTORNEY GENERAL OPINION NO. 78-171 Velma Branfort Register of Deeds Clay County Courthouse Clay Center, Kansas 67432 RE: Mortgage Registration Tax.- Collection - Principal Debt Defined - Uniform Consumer Credit Code and Truth in Lending Transactions Distinguished.…

April 25, 1978 ATTORNEY GENERAL OPINION NO. 78- 153 Mr. Don Vsetecka Finney County Attorney 118 West Pine Street Garden City, Kansas 67846 Re: Elections--Minority Language Assistance--Ballots Synopsis: Under the Voting Rights Act of 1965 and Voting. Rights Act Amendments of 1975,…

A license issued under § 14(b)(3)(B) of 1978 Senate Bill No. 952 does not authorize the sale of alcoholic liquor. Assuming, for the purposes of argument, that such a license did authorize the holder to engage in the sale of alcoholic liquor, this bill authorizes the operation of a facility for the sale of alcoholic liquor by the drink to members of the public on the premises of a licensed food service establishment, independently of the sale and consumption of food, and such a facility may constitute an "open saloon" in violation of Article 15, § 10 of the Kansas Constitution. *

A "law enforcement officer" in Kansas has authority to make arrests for violation of the laws of the State of Kansas or ordinances of any municipality thereof, and does not have the power of arrest for violation of Federal immigration laws. * *

The United States has exclusive jurisdiction over the Fort Leavenworth military reservation, and annexation thereof by the City of Leavenworth does not vest in the City any jurisdiction thereof whatever. *

Once the Corporation Commission determines that the proposed sale of generating capacity of a generating plant located in the State of Kansas will not affect Kansas ratepayers and will not impair the "public con- venience and necessity," it has no further jurisdiction in the matter.

A municipal judge and a part-time prosecuting attorney of the city are public officers within the meaning of K.S.A. 12-1601. An attorney who is employed on a monthly retainer to represent and advise a particular department of the city, and an attorney who is retained to handle a specific case or class of litigation are not public officers of the city. *

April 12, 1978 ATTORNEY GENERAL OPINION NO. 8 151 Dr. James McCain Secretary of Human Resources 401 Topeka Avenue Topeka, Kansas 66603 Re: Competitive Bidding-Conflict--Federal Law Synopsis: A conflict exists between the provisions of Title III of the Comprehensive Employment and…

In those instances where a law enforcement officer has stopped a motorist for a traffic violation, specifically for driving while intoxicated or for reckless driving, Miranda warning need not be given until the motorist is subjected to custodial interrogation. *

A fee of $2.00 should be assessed under K.S.A. 1977 Supp. 28-115 for the recording of a partial release. * *

A statutory amendment is necessary to enable the City of Kansas City, Kansas, or any other Kansas city, to comply with 28 C.F.R. § 98.25. Compliance with that provision may not legally be implemented by executive order of the governor, mayor or any other official of the state of Kansas.

Only the township board, with the consent of the county engineer, is authorized to appoint a township road overseer. The trustee, acting alone under K.S.A. 80- 301, Second, has no such authority.

An airport authority created under K.S.A. 3-162 may exercise the power of eminent domain to acquire property for airport purposes without the concurrence or approval of the city governing body.

A county may not enforce its zoning regulations against commercial livestock operations.

A board of park commissioners which is subject to K.S.A. 13-1331 may not adopt a minority set-aside procurement program for contracts for improvements which are subject to that statute. Likewise, a board of park commissioners may not adopt a minority set-aside program for contracts for procurement which are subject to competitive bidding ordinances of the city which do not permit such pro- grams. As to procurement of the board of park commis- sioners which is not governed by state statute or city ordinance, the board may adopt minority set-aside programs. * *

A contract for consulting services to provide assistance to minority contractors, which entails not only engineer- ing but accounting, business management and perhaps other professional services, is not subject to K.S.A. 75-5801 et seq., but must be let in accordance with the competitive bidding requirements of K.S.A. 75-3739 et seq.

Law enforcement agencies may maintain arrest records and may enter a municipal court conviction of an offense other than a traffic offense into its criminal record data banks. * * *

A city may not convey real property acquired with monies from its industrial fund, established pursuant to K.S.A. 12-1617h and -1617i, to a development company or directly to an industrial prospect except for consideration at least equal to the fair market value thereof. *