Kansas Attorney General Opinions

Under K.S.A. 1977 Supp. 19-101a et seq., it is within the statutory authority of a county to prescribe reason- able closing hours for private clubs located therein which are licensed pursuant to the Kansas Private Club Act, K.S.A. 41-2601 et seq.

Security officers appointed pursuant to K.S.A. 76-12a16 constitute police or law enforcement officers as those terms are defined by K.S.A. 1977 Supp. 75-5602, as amended by ch. 323, § 5, L. 1978.

When money is claimed to be due to a contractor for work on one construction project of the state, which is funded by one appropriation, and the state has claims against that same contractor for allegedly defective work performed on another construction project, funded by a different appropriation, the constraints imposed by the appropriation process forbid the state to assert a right of setoff respecting monies due from the former appropriation to satisfy the claims arising concerning the latter building.

The regulations of the Mined-Land Conservation and Reclamation Board, K.A.R. 47-1-1, et seq., when read in conjunction with K.S.A. 49-401 et seq., authorize Kansas to substantially comply with the initial regulatory procedures set forth in 30 U.S.C. 1252.

A community junior college may offer courses which have not been approved by the State Board of Education, so long as no tuition is charged therefor, and no credit hour state aid, out-district state aid and out-district tuition is charged therefor. Such courses may not be computed in determining the "budget per pupil" under K.S.A. 1977 Supp. 71-611.

When a state employee travels out of town overnight on official business, and is provided lodging without cost in the home of a friend or relative, K.S.A. 75- 3207 authorizes, but does not require, the agency head to authorize payment of a reduced subsistence allowance for that travel.

Nothing in 1978 Senate Bill No. 657, found at ch. 278, L. 1978, operates to restrict the approval and disap- proval of the State Board of Education of offerings by community junior colleges to only subject areas of instruction. The power of review and approval extends to individual class offerings comprising the program areas of instruction offered by such colleges. * *

City connecting links which do not form with the defini- tion of that term as enacted by the 1978 legislature, see ch. 271, § 3(b), L. 1978, are ineligible, from and after April 21, 1978, the effective date of the amend- ment, to be considered in computing the mileage upon which payments to cities for maintenance thereof may be based under K.S.A. 1977 Supp. 68-416, as amended by ch. 271, § 4, L. 1978.

K.S.A. 48-3107 imposes a duty upon peace officers of this state to comply with the requirements of processes or mandates issued to them by military courts pursuant to the Kansas Code of Military Justice. Sheriffs thus directed under said statute to arrest persons subject to the jurisdiction of said courts shall comply with the requirements made upon them by such processes or mandates.

September 13, 1978 ATTORNEY GENERAL OPINION NO. 78- 290 Mr. David M. Mills Dale, Hickman & Mills Home National Bank Building Post Office Box 896 Arkansas City, Kansas 67005 Re: Elections--Petitions--Sufficiency Synopsis: The sufficiency of a petition filed under K.S.A. 71- 501 is…

The Kansas Nurse Practice Act, K.S.A. 1977 Supp. 65- 1101, et seq., prohibits individuals not licensed there- under, including nurses' aides, from administering medications.

September 12, 1978 ATTORNEY GENERAL OPINION NO. 78- 289 Mr. Jack A. Lemen Executive Director Public Television Board Suite 508 - 503 Kansas Avenue Topeka, Kansas 66603 Re: Public Television--Grants--Expenditures Synopsis: The Kansas Public Television Board may not reallocate to t…

An institution of higher education which is located in Kansas is "located in Kansas" within the meaning of K.S.A. 1977 Supp. 72-6107(e), notwithstanding it is an affiliate or sudsidiary of another institution which is located outside the State of Kansas. *

Secret Service agents exercise no law enforcement powers to enforce Kansas Criminal law nor mental illness law.

Under Article 12, § 5 of the Kansas Constitution, a city may by charter ordinance exempt itself from the prohibition of K.S.A. 41-719, so as to authorize the consumption of alcoholic liquor on the premises of a municipally-owned community building, under such terms and conditions as may be prescribed by such ordinance. Opinion No. 77-360 is withdrawn.

A library board constituted under K.S.A. 12-1218 et seq., K.S.A. 12-1231 and K.S.A. 12-1236 is authorized to enter into long-term leases for quarters for library operations, so long as the term of the lease is reason- able under all the facts and circumstances. Such a lease may include provision for periodic reevaluation of the terms and conditions of the lease. *

The bondsman may arrest and surrender his principal to the sheriff after the court's order of forfeiture, and ask the court to set the forfeiture aside. Further, the court may set aside such a forfeiture should it find, in the exercise of its discretion, that justice does not require the enforcement of the bond forfeiture. * *

The provision in 1978 Senate Bill 564 for a countywide election upon the establishment of a county public air- port authority, permitting voters of both the City of Topeka and those residing outside the city to vote, does not violate the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. *

Prohibiting the use of snares for badgers and raccoons is an unauthorized exercise of the Commission's autho- rity to the extent it contradicts K.S.A. 1977 Supp. 32-158. *

The open meeting law does not require that an agenda be prepared of the business to be transacted at any meeting which is subject to the act. It does require that if an agenda is prepared, it must be made available to persons requesting it. *

No survivor's benefits are payable to the widow of one Arthur W. LeRoy, because survivor's benefits are not payable under K.S.A. 74-4958, the retirant never having been a member of a pension and retirement system of a city of the first class prior to election to member- ship in the Kansas Police and Firemen's System, and, additionally, because the death did not occur within too years from the date of retirement.

The use of codes to transmit non-conviction data for investigative or intelligence purposes by voice over the radio appears to be a reasonable precaution to be taken and within the guidelines set forth by the De- partment of Justice regulations governing the dissemi- nation of criminal history record information as de- fined therein. *

Because the Arkansas River is a navigable stream, it is beyond the exercise of the local legislative powers of the board of county commissioners of any county through which it passes to impose, under K.S.A. 1977 Supp. 19-101a, requirements governing the restoration of the bed and channel of the river by operators of sand-dredging operations thereon, upon the cessation of such operations. However, similar requirements may be adopted in the exercise of county home rule powers applicable to lands in the county not lying in the bed and channel of the river. * *

An option to purchase land may be an executory contract subject to the mortgage registration tax when offered for recording. Such tax can- not be avoided by recording an affidavit or executed memorandum, which incorporates by reference the existence of an option of purchase, but which discloses none of the details of such purchase agreement. The Register of Deeds must require a complete disclosure of the purchase agreement referred to, and, if such disclosure is not made, refuse to record such affidavit or memorandum.

The Kansas legislature has not authorized the Fish and Game Commission to alter or eliminate through administra- tive regulation Kansas hunting license requirements for nonresident hunters participating in "coyote field trials." *

Monies in the law library fund derived from registration fees and other monies provided by law for the operation and maintenance of the law library may not be expended to defray the costs of a luncheon held by members of the bar of a county to honor a newly appointed district judge. * *

A federal regulation, which is not itself drawn and promulgated as a standard or model code or ordinance, may not be incorporated by reference in a municipal ordinance under K.S.A. 12-3009.

A fee for restoration of a license, provided by K.S.A. 1977 Supp. 65-1817, may be prorated pursuant to 1978 House Bill No. 3247, ch. 245, L. 1978.

Fees assessed for the execution of passport applications and papers in naturalization cases which are collected by the clerks of the district courts may no longer be retained by such clerks. The 1978 legislature expressly repealed language of K.S.A. 1977 Supp. 28-170 which formerly permitted the clerks to retain such fees. That same legislature inserted language in lieu of the repealed language which now denies those fees to the clerks, and requires them to be deposited in the county general fund.

The new sales tax exemption, upon "sales of food products to any contractor for use in preparing meals for delivery" to home- bound elderly and disabled persons, applies to all meals so served, whether assembled and cooked by those in charge of an approved food service project, or purchased already assembled and cooked from a food service retailer. The exemption was intended to apply to the service of furnishing meals to the homebound elderly and disabled. The prepared meal itself is a "food pro- duct". *

K.S.A. 74-4707 requires the Committee on Surety Bonds and Insurance under its previous interpretation of cer- tain provisions thereof, to consider providing medical coverage payments for individuals who might fall within the category of persons riding in or upon, entering or alighting from state vehicles, but who are not other- wise state officers, agents and employees. *

Institutional libraries, such as those of schools, community junior colleges, colleges and universities which are participating libraries in regional systems are entitled to representation on regional system boards created by K.S.A. 25-2550. *

The validity of 1978 Senate Concurrent Resolution No. 1640, which purports to rescind, effective March 22, 1979, 1972 House Concurrent Resolution No. 1155, condi- tional upon the failure of three fourths of the states to ratify the proposed equal rights amendment, may be determined only by the United States Congress, when and if three fourths of the states have passed resolu- tions ratifying said amendment. *

County home rule powers may not be used to effect con- solidation of countywide law enforcement, such as that provided by K.S.A. 19-4424 et seq, for Riley County,. *

The proceeds of the system levy of a regional system of cooperating libraries established under K.S.A. 75- 2547 which are derived from one county are not required to be expended entirely or in part only in that county, but may be expended by the system board for the furnish- ing of library services anywhere in the regional system.

K.S.A. 1977 Supp. 17-2217(b) authorizes the administra- tor to prescribe reserve' requirements for central credit unions, which requirements shall not exceed five percent of the net income of such central credit unions. *

1) State Treasurer is authorized to exact commissions on bonds only per K.S.A. 10-505 and not on coupons. 2) State Treasurer may charge only for expressage ex- penses actually incurred. *

Under K.S.A. 19-246, upon the appointment of a county counselor, all duties in civil matters otherwise re- quired by law of the county attorney pass to the county counselor. Thus, the county counselor properly may be responsible for representation in proceedings under the Act for Obtaining Treatment of Mentally Ill Persons, K.S.A. 1977 Supp. 59-2901 et seq., in proceedings for the treatment of alcoholism and intoxication, in uniform reciprocal enforcement of support actions, and in juve- nile matters. *

August 15, 1978 ATTORNEY GENERAL OPINION NO. 78-264 Mr. Michael J. Malone District Attorney Judicial & Law Enforcement Center Lawrence, Kansas 66044 Re: Counties--Salaries and Wages--Procedure Synopsis: The requirement of K.S.A. 19-235 that itemized and verified vouchers be submi…

Proceeds of general obligation bonds which were approved by the voters for construction of a 12-inch water trans- mission line may be used for the construction of a 10- inch water transmission line, for the reduced pipe dimension does not constitute a material departure from the project as approved by the electorate, nor a diver- sion of the bond proceeds for a purpose other than that for which they were approved. *

A city governing body has authority under K.S.A. 41- 2704 to prescribe standards of conduct for premises licensed for the sale and dispensing of cereal malt beverages. A city may regulate conduct and entertain- ment on such premises by regulations which substantially parallel those upheld by the United States Supreme Court in California v. LaRue, 409 U.S. 109 (1972). An ordi- nance prescribing such standards and regulations need not be enacted as a charter ordinance, but should be enacted by ordinary ordinance. * *

Although a board of county commissioners has no statu- tory authority to terminate the appointment of specialized assistants appointed by the county appraiser, to which the board has given its advice and consent, the board retains substantial authority over the compensation paid such personnel, and thus may virtually compel the termination of such appointments indirectly by the exer- cise of its statutory authority over such appointees' salaries. * *

Although K.S.A. 1977 Supp. 72-1106 as amended specif- ically authorizes the closing of schools due to incle- ment weather which causes hazardous driving conditions, the board retains authority to close schools for other extraordinary conditions which it deems harmful to the health and welfare of students and school personnel. However, when the board determines to approve dismissal for such other reasons, such as hot weather, days on which classes are cancelled or dismissed for such rea- sons may not be counted toward the 180-day requirement, and waivers may not be granted under K.S.A. 1977 Sup

A city with a population of less than 80,000 may issue general obligation bonds of the city to be paid by the city at large for the costs of main interceptor sewers lying within the corporate city limits and otherwise satisfying the requirements of K.S.A. 12-619. Said bonds may be issued in excess of the $100,000 limitation found at K.S.A. 12-621 and in addition to the city's bonded indebtedness limitation.

There is no authority for any county to expend county funds for the payment of premiums for life insurance and other catastrophic insurance plans extended to nonjudicial personnel of the state court system whose salaries will be paid by the state effective January 1, 1979. *

The proceeds of any levy imposed for mental health services under K.S.A. 19-4004 must be paid over to the treasurer of the governing board of the community mental health center established pursuant to K.S.A. 19-4001 et seq., and the responsibility for the epxenditure of said funds is vested solely in that governing board. * *

Continued public use of a road or alleyway within a cemetery owned and operated jointly by a city and town- ship does not give rise to a public prescriptive right in such road or alleyway as a public road adverse to the board of trustees so as to foreclose the power of that board to close or alter such road or alleyway as it deems in the best interest of the cemetery. * *

August 9, 1978 ATTORNEY GENERAL OPINION NO. 78-256 Mr. James B. McKay, Jr. McKay and McKay 214 West Central Avenue Post Office Box 49 El Dorado, Kansas 67042 Re: Cities--Industrial Revenue Bonds--Facility Synopsis: A city which proposes to issue industrial revenue bonds under K.S…

There being no controlling statute, the governing body of a library organized under K.S.A. 12-1220 et seq., K.S.A. 12-1231 et seq., K.S.A. 12-1236 et seq, and K.S.A. 72-1623 may adopt an appropriate policy as an administrative decision either authorizing or prohibit- ing the disclosure of the names of library card holders and the titles of books and other materials checked out by particular patrons. * *

Under K.S.A. 1977 Supp. 19-2601, the Sheriff of each county is required to locate his office at the county seat, such place provided by the county, such place provided by law, or at such place as directed by the County Commission.