Kansas Attorney General Opinions

October 23, 1978 ATTORNEY GENERAL OPINION NO. 78-341 Mr. Richard E. Brown Legislative Post Auditor Legislative Division of Post Audit Mills Building Topeka, Kansas 66612 Re: Purchases--Competitive Bids--Responsible Bidder Synopsis: The Director of Purchases is solely authorized b…

L. Ch. 120 § 13(2) grant an inmate convicted of Class B or C felony a statutory right to a parole hearing upon completion of minimum term of sentence, less earned good time credits. Re: Criminal Code--Sentencing--Retroactive Application Of New Amendments To Parole Eligibility Synopsis: As a matter of statutory construction the 1978 amendments as to parole eligibility may only operate prospectively as to inmates convicted of crimes committed after the effective date of the act, and the old administrative rules and statutes govern inmates convicted of crimes committed prior to this date. *

A county which contracts with a nonprofit private cor- poration to provide mental retardation services pursuant to K.S.A. 19-4004 may levy a tax of .25 mills for con- struction of facilities to house such services, and may erect such a building on land owned by the nonprofit corporation provided it is done pursuant to an agreement that title to the structure will vest in the board of county commissioners and that the structure is such that it may be removed from the property upon the ex- piration of the agreement.

Any board of education may contract with the governing board of a "release time" church school for the church school's use of district-owned or leased school pur- poses pursuant to K.S.A. 72-8302(b)(2). *

1) A "pass notice" made to comply with statutory re- quirements for license can be used by the Commission as a temporary license. 2) License fees collected during the calendar year apply to licenses for the year in which they are issued. 3) Applicants receiving licenses in December may pay renewal fee on date initial license is received without being subjected to penalty for late filing of renewal application.

If a unified school district elects to withdraw from participation in the federal Social Security program, its employees will no longer be eligible for participa- tion in the Kansas Public Employees Retirement System. *

There is no Kansas constitutional provision mandating the separation of powers in Kansas municipal government. .

Legal responsibility and jurisdiction for the operation of a mental health clinic which is established pursuant to K.S.A. 65-211 is vested in the joint board of health, and may not be removed from that jurisdiction by joint resolution of the participating municipalities.

Proceeds from fines levied for parking meter violations may be expended by the city for parking meter control and maintenance.

Where bids are solicited for a highway construction project, and only one bid is received, which is below the engineering estimate for the project, and the Sec- retary is satisfied that rebidding for the contract is not reasonably likely to elicit a greater response, there is no impropriety in proceeding with the award to the single bidder.

When a board of county commissioners elects under K.S.A. 79-3109 to levy no tax upon money, notes and other evidence of indebtedness for the benefit of the county, that election does not affect such taxes levied for the benefit of cities and counties located in said county. County action may affect only the intangibles tax levied for its own benefit, and not intangibles taxes levied for the benefit of other political sub- divisions.

K.S.A. 12-4301(d) allows a defendant charged with a viola- tion of a municipal ordinance - traffic or nontraffic - to deposit his or her valid Kansas drivers license as security for the appearance bond. The municipal court must accept the driver's license if offered and may not insist upon a cash bond.

Pursuit of civil remedies by a holder of a worthless check does not bar criminal prosecution of the maker. *

Action by the city governing body fixing or increasing the compensation of members of the governing body to be paid from funds of the city for the performance of their official duties may be accomplished only by or- dinance, and not by resolution. The mayor has no power to veto a motion adopted by the governing body which does not constitute an ordinance. *

The omission from a voter registration application form of the date when the applicant's present residence was established does not invalidate the voter registration based upon such application.

Under ch. 373, § 3(b), L. 1978, the authorized dues deduction plan for members of employee organizations provides for the deduction of dues for all members of such organizations who are state officers and employees, including those members for whom the organization is not the certified or recognized employee organization under K.S.A. 75-4327 and including members for whom another employee organization is the certified or rec- ognized employee organization thereunder.

Licensure of persons for child care is not unconstitu- tional by reason of any interference with parental rights or any asserted personal freedom of choice to submit a child to the care of unlicensed persons. *

October 17, 1978 ATTORNEY GENERAL OPINION NO. 78- 326 Arthur Winters Mayor of Little River City Hall Little River, Kansas 67457 RE: Real Estate - Title - Fee Conveyed to Munici- pality For Hospital Purposes - Lack of Reversion- ary Clause - Abandonment. K.S.A. 58-2202. SYNOPSIS: …

Where a county erroneously lists property for ad valorem tax purposes in the names of persons not record title owners, assesses the taxes, fore- closes without notifying the owners of record, conveys to the purchasers at such tax sale, and then several years later the true owners, by court decision, have their title quieted against such tax sale purchasers, these purchasers have a tax grievance which can be remedied by the State Board of Tax Appeals, or by an action against the county. * *

October 13, 1978 ATTORNEY GENERAL OPINION NO. 78- 324 Edwin H. Bideau III Neosho County Attorney 123 Main Street Chanute, Kansas 66720 RE: Taxation - Intangible Tax - Reduction or Eli- mination - Referendum, K.S.A. 79-3109(b), K.S.A. 1977 Supp. 19-117(c). SYNOPSIS: A board of Cou…

MAIN PHONE 1913) 296-2215 October 10, 1978 CONSUMER PROTECTION' 296-3751 ATTORNEY GENERAL OPINION NO. 78- 323 The Honorable Patrick J. Hurley Majority Leader of the House Kansas House of Representatives 3rd Floor - State Capitol Topeka, Kansas 66612 Re: Minimum Wage and Maximum H…

There being no express statutory procedure governing the sale of a township hall not involving the sale of the land on which it is located, the township trustee may in the exercise of the general powers of that office at K.S.A. 80-109 negotiate and enter into a contract for the sale and removal of the building, or for the dismantling thereof and the sale of materials.

Courses which are offered on the premises of a federal military reservation which is located within the State of Kansas by an institution of postsecondary education which is chartered, incorporated or otherwise organized, and the main campus of which, is located, outside this state are not subject to the registration requirements of ch. 87, L. 1978. * *

October 6, 1978 ATTORNEY GENERAL OPINION NO. 78-320 Mr. G. T. Van Bebber Chairman State Corporation Commission 4th Floor - State Office Building Topeka, Kansas 66612 Re: Mines and Mining--Internal Improvements--Appropriations Synopsis: Reclamation of abandoned mined land pursuant…

Proceeds of industrial revenue bonds of a city issued under K.S.A. 12-1740 et seq. may be used for the con- struction of a multiple-family residential development project. *

Law enforcement officers may properly issue citations for violations of K.S.A. 1977 Supp. 8-142 First upon expiration of the prior year's registration on December 31, unless proper application for renewal has been made on or prior to that date pursuant to K.S.A. 8-134(a).

Cattle, brought into Kansas for final feeding in feed lots, must be reported monthly by the lot operator, valued and assessed by the county ap- praiser, and taxed by the county treasurer. If such cattle later are sold or removed from the lot, the county treasurer is authorized to col- lect forthwith such taxes, by tax warrant if necessary. However, such collection procedure should not be undertaken if the owner of the cattle can satisfy the county treasurer that sufficient property remains or a satisfactory arrangement has been made, like a surety bond, that all such taxes will be paid timely

With the repeal of K.S.A. 10-427, a city governing body may, in the exercise of its legislative authority under Article 12, § 5 of the Kansas Constitution, authorize the issuance and sale of general obligation bonds in order to pay judgments against the city.

A county commission has authority under K.S.A. 68-126 to permit a gate and fence to be placed over and across certain public roads but such authority does not authorize the locking of a gate so as to prohibit general public access from such a road.

The office of county attorney is not incompatible with the office of a member of a board of education of a unified school district, and there is no statutory or other prohibition against a county attorney serving also as a member of such board of education. * * *

A petition which is filed supporting an election pur- suant to ch. 186, L. 1978, authorizing the issuance of licenses for the sale of alcoholic beverages in licensed food service establishments, is not a record which the county election officer is required by law to keep and maintain, and is thus not required to be made available for public inspection, although it may be made available if the county election officer so chooses. *

Under K.S.A. 75-5801 et seq., as amended by ch. 337, §§ 30-34, L. 1978, the Secretary of Administration re- mains a member of the negotiating committee which is empowered to select a qualified engineering firm and negotiate contracts for engineering services with such firm.

K.S.A. 1977 Supp. 25-3104 requires that the county board of canvassers meet on Friday, November 10, 1978, to canvass the general election held on Tuesday, November 7, 1978. Even though various county courthouses may be closed on Friday, November 10, 1978, in observance of Veterans' Day which falls on the following Saturday, November 11, 1978, the county board of canvassers itself must convene on Friday, November 10, for the conduct of the intermediate and final canvasses of elections held on Tuesday, November 7, 1978. *

A real estate broker or salesman while soliciting real estate who offers a "home warranty policy" to secure a lister and where the policy may also be offered for the purpose of influencing a purchaser or prospective purchaser of real property does not violate the pro- visions of the Kansas Real Estate Brokers' License Act, K.S.A. 58-3015(a)(15). *

K.S.A. 12-6a01 et seq. authorizes the city to provide by ordinance for the establishment of a special improve- ment district for capital improvements, which may in- clude beautification, which benefit described property specially, whether or not the maintenance of sidewalks is included therein. Only the city governing body has authority to levy special assessments therefor and to disburse the funds for the costs of the improvement.

The special highway improvement fund may not be used for the construction of a county highway department building.

The Kansas Nurse Practice Act does not require the licensure of individuals supplied by the American Na- tional Red Cross who engage in nursing activities while providing relief in mitigating the effects of a natural disaster.

Civil officers, such as clerks of district courts are not authorized or required under Kansas Code of Military Justice to provide assistance via execution of processes and sentences of military courts-martial unless and until such officers are so empowered by regulations promulgated pursuant to said code. Such regulations have not been promulgated. *

A "qualified elector" is any person who is duly register- ed to vote and whose registration has not become void for any reason set out in K.S.A. 25-2316c. *

Energy Transportation Systems, Inc., a privately-owned Delaware corporation which proposes to construct a pipe- line through and across the State of Kansas for the transportation of coal slurry, is not engaged in any of the businesses enumerated in K.S.A. 25-1709, and is not prohibited by that statute from making contribu- tions to candidates for public office in this state. *

Kansas law does not authorize the revocation of the appointment of a notary public who removes from the state. However, no notary public may perform notarial acts under the authority of an appointment by the Secre- tary of State pursuant to K.S.A. 53-101 outside the State of Kansas. *

The requirements of the federal Surfaced Mining Control and Reclamation Act, 30 U.S.C. §§ 1201 et seq., and the regulations adopted thereunder, are adopted by reference by 1978 Senate Bill 879, and action is not required of the Kansas Mined-Land and Reclamation Board, created under K.S.A. 49-401 et seq., to adopt such regulations in order to render them applicable to the State of Kansas, for the legislature has itself adopted by reference said regulations.

September 28, 1978 ATTORNEY GENERAL OPINION NO. 78 - 303 The Honorable Joseph F. Norvell State Senator Box 991 Hays, Kansas 67601 Re: Open Meeting Law--Closed Sessions--Attorney-Client Privilege Synopsis: Under K.S.A. 75-4319(b)(2) of the Kansas open meetings law, consultation wi…

A city may by charter ordinance exempt itself from a provision of the Kansas Code of Procedure for Municipal Courts which prohibits the assessment of costs in munic- ipal courts, and authorize by such charter ordinance the assessment and collection of such costs.

A board of education of a unified school district may authorize the use of volunteer, unpaid and uncertifi- cated persons to assist certificated teachers in offer- ing an enriched instructional program to gifted students in said district. *

The order of the Kansas Corporation Commission, entered May 13, 1977, prescribing certain thermal standards and energy efficiency ratios for air conditioning equipment applicable to residential and commercial structures which seek service on and after November 7, 1977, did not exceed the statutory authority of the Commission. *

A county sheriff may deputize city police officers so as to enable them to provide law enforcement services in any area lying outside the limits of any incorporated city, and may deputize officers of a particular city to provide such services within populated areas adjacent to but lying outside the incorporated limits of such city. *