Kansas Attorney General Opinions

August 2, 1978 ATTORNEY GENERAL OPINION NO. 78- 253 Mr. W. Keith Weltmer Secretary of Administration Department of Administration 2nd Floor - State Capitol Topeka, Kansas 66612 Re: Architectural Services--Secretary of Administration- -Powers Synopsis: Under K.S.A. 75-5404 as amen…

The service marks Oak Park, Corinth Downs, Verona Hills and Verona Gardens are not ineligible for registration due to similarity to existing corporate names described herein, under K.S.A. 81-112(f).

A city may lawfully forbid the location of mobile homes for residential purposes in any area of the city except those locations zoned expressly for mobile home parks or mobile home communities, under City of Colby v. Hurtt, 212 Kan. 113, 509 P.2d 1142 (1973).

When a corporation has executed a consent to the use of a trademark by another corporation, which consent has been duly recorded with the Secretary of State, and the trademark in question has been duly registered in the name of such other corporation, that registration is conclusive upon the Secretary of State and this office as to the ownership of the trademark, whether such consent was in fact an assignment or otherwise, unless and until ownership of the trademark is deter- mined by a court of competent jurisdiction. *

Any corporation formed for establishment and maintenance of cemeteries in or within two miles of any city of the third class must comply with the provisions of K.S.A. 17-1307, 17-1308, 17-1311, 17-1312, and 17-1312(a) through 17-1312(b).

The holder of a license to practice medicine issued by the Board of Healing Arts which is denominated "in- active" solely because the holder does not engage in the active practice of medicine in this state and for that reason is relieved from compliance with the con- tinuing medical education requirements of the Board remains a "health care provider" as defined at K.S.A. 1977 Supp. 40-3401(f).

Under K.S.A. 1977 Supp. 25-901, a committee supporting a candidate seeking election to local political office must report in detail from whom each contribution or receipt was received. The reporting of aggregate re- ceipts from a fund-raising dinner or like event, without disclosing the identity of contributors, purchasers of tickets and others making contributions to the candi- date, is not sufficient under this section.

July 26, 1978 ATTORNEY GENERAL OPINION NO. 78- 247 H. Scott Beims Rawlins County Attorney Rawlins County Courthouse Atwood, Kansas 67730 RE: Oil and Gas Properties - Taxation - Where Severance - Where Production. K.S.A. 79-329-334; K.S.A. 79-420. SYNOPSIS: Where the fee to the su…

Disbursements from the prosecuting attorneys' training fund established by K.S.A. 1977 Supp. 28-170a are made upon the sole authority of the county or district attor- ney, and are not subject to the approval of the board of county commissioners. *

A person who is not a citizen of the United States is ineligible for appointment as a notary public under K.S.A. 53-101 et seq.

In designating an agency architect under ch. 337, § 23, L. 1978, no person shall be eligible for such appoint- ment unless such person is an employee of the agency receiving the appropriation for the project for which architectural services are required.

Kansas school districts must provide special ed- ucation services to developmentally disabled and exceptional children attending sectarian schools at religiously neutral sites, and public employees who conduct such programs must maintain a reli- giously neutral stance. Such services must be provided notwithstanding the Establishment Clause of the United States Constitution.

The use of corporate funds of a telephone company to defray the administrative costs of a political action committee comprised of individual employees of the company, which committee intends to solicit funds for the purpose of making contributions to candidates for state elective office, does not violate K.S.A. 25-1709. *

Monies in the special employment security fund, created facilities reserved exclusively for persons using local offices of the employment security program administered by the Division of Employment. * *

Under the abolition of the Board of Social Work Examiners as provided in section 5 of the Kansas Sunset Law, ch. 308, L. 1978, the Secretary of Social and Rehabilitation Services continues to exercise independently the sub- stantive powers and responsibilities concerning the licensure of social workers which are vested in that office under K.S.A. 75-5301 et seq.

January 17, 1978 ATTORNEY GENERAL OPINION NO. 78- 24 Mr. E. A. Jarvis Statewide Health Coordinating Council 154 N. Broadway, Room 1210 Wichita, Kansas 67202 Re: Public Health--Health Facilities--Appeal of Review Agency Synopsis: The term "records" as it is used in K.S.A. 1976 Sup…

July 19, 1978 ATTORNEY GENERAL OPINION NO. 78- 239 Mr. W. Keith Weltmer Secretary of Administration Department of Administration 2nd Floor - State Capitol Topeka, Kansas 66612 Re: Architectural Services--Project Architects--Insurance Coverage Reimbursement Synopsis: Under section…

The board of county commissioners may call an election, which would be entirely advisory in nature, to solicit the wishes of the electorate whether a levy should be authorized for airport purposes under K.S.A. 3-121. * *

Ch. 323, § 9, L. 1978, authorizing certain assessments for the benefit of the law enforcement training center fund to be imposed by municipal courts conflicts with the prohibition against the assessment of costs for the administration of justice in the Code of Procedure for Municipal Courts at K.S.A. 12-4112. To the extent of the conflict, the 1978 provision must prevail, and save and except for those assessments, the prohibition against the assessment of costs for the administration of justice remains in effect. *

A board of education which offers surplus and unneeded personal property of the district for sale to the public upon sealed bids has no authority to disqualify employees of the district from submitting such bids for the pur- chase of such property. * *

When registration is closed pursuant to K.S.A. 25-2311(a), no person may be entitled to register to vote for any purpose during that period.

A board of county commissioners is not authorized to dissolve the corporate existence of a library district created pursuant to K.S.A. 12-1236, et seq. *

In the absence of any state regulation which limits or controls the transportation of students to and from an area vocational technical school, we con- clude that the board of control of such school may provide for such transportation and may develop policies and procedures for the implementation of such a program.

A special education cooperative formed pursuant to K.S.A. 12-2904 and 72-8230 may add new members during the term of an existing agreement.

July 14, 1978 ATTORNEY GENERAL OPINION NO. 78- 231 Mr. Henri Fournier Executive Director State Board of Cosmetology 630 Kansas Avenue Topeka, Kansas 66603 Re: Cosmetologists--Examination and Registration-- Cosmetology schools Synopsis: K.S.A. 65-1905 sets out the conditions that …

The Kansas Veterinary Practice Act prohibits the per- formance of post mortem operations and the procedures of dehorning, castration, vaccinations, implanting and deworming by any individual who is not a licensed ve- terinarian or the holder of a valid temporary permit. However, under the exceptions provided by the act, a commercial feedlot may render services such as deworming if administered as part of the feeding operations. *

The required annual report of Michelin Tire Corporation need not contain information in response to said form as prescribed by the Secretary of State for the annual report of said foreign corporation other than as set out herein.

ATTORNEY GENERAL OPINION NO. 78- 229 Mr. Daniel A. Young County Counselor 7 West 11th Street Lawrence, Kansas 66044 RE: Mortgage Registration Tax - UCC Financing Statement - Regular UCC Chattel Filing - Executory Land Sale Contract Proceeds Listed As Collateral With Land Identifi…

The "invested capital" as that term is used in K.S.A. 56-123c(b) and K.S.A. 56-123c(b), upon which the annual franchise tax of such limited partnerships is based, refers to the invested capital of the limited partner- ship contributed by its general and limited partners, and not to the profits or losses of the entity in any particular year. *

A development credit corporation organized under K.S.A. 2328 et seq. is not a banking corporation, and is not exempt under K.S.A. 17-7512 from the filing of annual reports and payment of franchise taxes applicable to domestic corporations under K.S.A. 17-7501 et seq.

The levy for building fund purposes authorized by K.S.A. 12-1254, for not to exceed one mill for a period not to exceed five years, may be renewed by a new vote of the electorate once initial levy authority has been exhausted by expiration of the period for which such initial or previous levy was authorized. *

The State Historical Society may conduct art fairs and charge fees for certain activities on state property managed and administered by it and providing it deter- mines that such activities insofar as it concerns state property are in the "public interest." Any fees collect- ed therefrom must be deposited into the state general fund. * *

The term "school supplies and equipment" as used in K.S.A. 10-1113 includes equipment used in an intercollegiate athletic program. *

A city which has had in force for fifteen years or more an ordinance providing for solid waste collection, which was initially adopted by a vote of the electorate of the city, may amend or repeal such ordinance and enact a new ordinance providing for mandatory collection of solid waste by action of the governing body, and a new election is not required for the repeal and enactment of such an ordinance.

Any taxing subdivision which has established a special fund pursuant to K.S.A. 75-4358 for the payment of either counsel and other defense costs under K.S.A. 75-4356 or insurance premiums authorized by K.S.A. 75- 4357 may levy a tax for such fund which is exempt from the aggregate levy limitations of K.S.A. 79-5001 et seq.

A city may make expenditures from its industrial fund, created pursuant to K.S.A. 12-1617i, for the purpose of inducing a company which is already located there to locate an expansion or addition to its facilities in that city rather than elsewhere. *

The Mined-Land Conservation and Reclamation Act, K.S.A. 49-401 et seq. as amended by Chapter 208 of the 1978 Session Laws authorizes Kansas to substantially comply with the en- forcement procedures mandated by the federal Surface Mining Control and Reclamation Act of 1977, 30 U.S.C. 1201 et seq.

Buildings to be constructed for use as a dog pound and for the maintenance and storage of city-owned street equipment are public buildings within the scope of K.S.A. 12-1736 et seq., and no-fund warrants may be issued for the costs of land acquisition and construction under K.S.A. 12-1737 without an election therefor and without any limitation on the dollar amount thereof, so long as said no-fund warrants are paid by a levy made for that purpose at the first tax levying period after such warrants are issued. *

The composition of the board of directors of a drainage district incorporated pursuant to K.S.A. 24-458 et sea. is governed by the provisions of that 1911 act, and not by the provisions of the Drainage Act of 1905, and 1959 amendments to K.S.A. 24-409 and -411 thereof.

A city or housing authority created under the Municipal Housing Law, K.S.A. 17-2337 et seq. is authorized to furnish dwelling accommodations to persons of low income through the lease or rental of dwelling accommodations and the operation of housing projects, and not merely as a vendor of housing units on the sale market. * *

The State of Kansas is without jurisdiction to re- quire licensure of a proprietary school without its borders and which solicit business solely on military reservations.

No-fund warrants issued pursuant to the authority grant- ed under K.S.A. 10-1116a do not require review and ap- proval by the Kansas Board of Tax Appeals. *

A teacher who resigns and although is subsequently re-employed by a school district must again establish tenure as required by K.S.A. 72-5445 before due process rights accrue pursuant to K.S.A. 72-5436 et seq.

The decision of the United States Supreme Court in First National Bank of Boston v. Bellotti, U.S. L. Ed. 2d , 46 L.W. 4371 (April 26, 1978) prohibits continued enforcement of that portion of K.S.A. 25-1709 which prohibits corporate contribu- tions made for the purpose of influencing or affecting the vote on any question submitted to the voters.

Nonlegislative members of an advisory committee consti- tuted under K.S.A. 46-1205(b) and appointed to serve a special committee constituted under K.S.A. 46-1205(a) may not vote upon the business of the special committee. * *

Under Article 12, § 5(b) of the Kansas Constitution, a city may by charter ordinance exempt itself from K.S.A. 19-1310, and impose an occupational tax upon attorneys in said city.

A notice to a member of an urban renewal commission advising the member that removal is contemplated by the city governing body, of the grounds for such pro- posed action, and that a hearing may be had by the com- missioner complies with K.S.A. 17-4757(d). K.S.A. 17- 4758 does not disqualify a member of the urban renewal commission from conveying property which said member owns in an urban renewal project to the agency, but does require that the member abstain from participation in any action by the agency regarding such transaction.

An unincorporated town is not an eligible grantee under K.S.A. 82a-638 as amended by 1978 Senate Bill 648.

Any amount which a district magistrate judge receives as salary per annum in excess of that required by K.S.A. 1977 Supp. 20-351(b), as recommended by the administra- tive judge of the judicial district pursuant to K.S.A. 1977 Supp. 20-351(c), is subject to the final approval of the board of county commissioners. Monies granted to the county for the purpose of defraying the cost of salaries of district magistrate judges, pursuant to ch. 110, § 12(a)(3), L. 1977, may be applied to pay- ment of the salary as fixed by statute, and need not be applied to the payment of any increase above such amou

The prohibition against political activity found at K.S.A. 1977 Supp. 44-714(c1) remains unaffected by 1974 amendments to the Hatch Act. An employee engaged in the administration of the employment security law may not be a member of a political action group, but may serve as a member of an election board upon appointment thereto by the county election officer pursuant to K.S.A. 25-2801 et seq.