Kansas Attorney General Opinions

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.

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).

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…

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.

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. *

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

January 16, 1978 ATTORNEY GENERAL OPINION NO. 78-20 Mr. W. Keith Weltmer Secretary of Administration Department of Administration 2nd Floor - State Capitol Building Topeka, Kansas 66612 Re: State Monies--General Fund--Delinquent Intangibles Taxes Synopsis: Monies held by the Sedg…

K.S.A. 1977 Supp. 19-211 does not authorize the board of county commissioners to convey any right, title or interest to any real property which is not vested in the county by the deed in the first instance. The power of the board to dispose of county property does not empower the board to circumvent any restriction or condition upon the use of property conveyed to it for the public use and benefit.

Ch. 112, § 1, L. 1977, amending K.S.A. 1976 Supp. 19- 101e, applies only to cases filed for violations of county resolutions, and does not apply to cases charging violations of state statutes.

There being no requirement that cancelled bonds of the former State Building Commission be filed with the Secre- tary of State, that officer may make such disposition thereof as is deemed appropriate.

K.S.A. 76-112 authorizes the execution of a lease for the exploration and production of oil and gas on pro- perty conveyed pursuant to K.S.A. 76-14a03, by deed dated July 9, 1959, concerning which the State Board of Social Welfare retained the mineral rights thereto.

In reviewing appeals from decisions of city officials administering a municipal zoning ordinance, the board of zoning appeals acts in a quasi-judicial capacity, and its deliberations respecting such decisions are exempt from the Kansas open meetings law, K.S.A. 1977 Supp. 75-4317 et seq., under an amendment approved by the 1977 legislature.

January 11, 1978 ATTORNEY GENERAL OPINION NO. 78- 12 Nora Steinberger Register of Deeds Montgomery County Courthouse Independence, Kansas 67301 RE: Mortgage Registration Fees - Amount where mortgage and note include both principal and interest. K.S.A. 79-3101, 79-3103, 79-3107; K…

Where a mortgage has been paid in full prior to July 1, 1977, but the release of the mortgage was never entered on the original instrument on file, and the mortgagee died before executing an instrument as required the 1977 amendment to re- lease a mortgage, the procedure should now be to request the Probate Court, having charge of the estate of the deceased mortgagee, to authorize and direct the administrator or executor to sign such a release instrument and record it as the personal representative of the deceased mortgagee. *

K.S.A. 75-104 requires the preservation of all docu- mentary requests to the governor which seek his assis- tance in any matter because of his official position as governor of the state, and authorizes delivery of such records to the State Historical Society as the only legally permitted disposition of such records upon the expiration of the mandated three-year retention period. *

The Attorney General is not authorized to review the fiscal impact statement prepared pursuant to K.S.A. 77-420(b) for sufficiency, form or legality. *

Students enrolled in a Kansas community junior college who reside within the territory of a federal military enclave are not residents of the State of Kansas, and thus may not be considered as residents for the purposes of distribution of credit hour state aid pursuant to K.S.A. 1977 Supp. 71-602. * *

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.

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…

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. * *

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.

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.

(1) Township board is empowered to maintain and/or improve township road which separates adjacent counties, provided such work is completed pursuant to plans, specifications and regulations of the county engineer. (2) Boards of county commissioners are not required by law to provide for the defense of township boards who are sued in a court of law. *

Under Article 12, § 5 of the Kansas Constitution, a city may implement a program for the deferral of special assessments for municipal improvements undertaken within an improvement district within the municipal legislative power granted by that section, and state legislative authorization is not required therefor. * *

No docket or other fee should be assessed for the filing of a complaint or order pursuant to K.S.A. 17-4759(d) with the clerk of the district court.

Shares or units of a mutual fund, the assets of which consist entirely of general obligation and revenue bonds of municipal and quasi-municipal corporations which are themselves eligible to be pledged as security for the deposit of public funds under K.S.A. 1977 Supp. 9-1402, are not authorized to be accepted as security for the deposit of public funds under that section.

The term "health care provider,' as found at K.S.A. 1976 Supp. 40-3401(f), and as amended by 1977 Senate Bill 295, includes both comprehensive and community mental health centers which are licensed by the Secre- tary of Social and Rehabilitation Services.

When a city deposits idle funds in a savings and loan association, interest earned on the account becomes a part thereof at the time said interest is credited, and at that time must be considered as a part of the account subject to the limitation that the amount of the investment shall not exceed the maximum amount for which the account is insured by the Federal Savings and Loan Insurance Corporation. * *

It is within the statutory home rule authority of a county under K.S.A. 1976 Supp. 19-101a to provide for the control and eradication of prairie dogs, and to adopt as applicable to the county the provisions which are now applicable to only certain townships, under K.S.A. 1976 Supp. 80-1202.

December 19, 1977 ATTORNEY GENERAL OPINION NO. 77- 395 Mr. John Dekker Director of Law The City of Wichita Department of Law City Hall - 13th Floor 455 North Main Wichita, Kansas 67202 RE: Charitable Organizations - Wichita Police Department Benefit Fund Association Synopsis: The…

K.S.A. 72-8205 requires that "the vote of a majority of the full membership of the board" shall be required to constitute board action. Unless and until the stat- ute is construed more broadly by an appellate Kansas court, board action may not be taken except by such a vote, and an abstention should not be recorded and counted as acquiescence in the will of the majority voting upon an item of business. When a tie vote is cast, an abstention should not be regarded as a vote either for or against the question being passed upon.

Contracts which are entered into between two state agen- cies with the approval of the State Finance Council pursuant to K.S.A. 1976 Supp. 75-3711a are subject to the competitive bidding requirements of K.S.A. 1976 Supp. 75-3739.

December 15, 1977 ATTORNEY GENERAL OPINION NO. 77- 389 Mr. Dan E. Turner City Attorney 215 East Seventh Street Topeka, Kansas 66603 Re: Cities--Budgets--Board of Tax Appeals Synopsis: The State Board of Tax Appeals has no authority under K.S.A. 1976 Supp. 79-2939 to authorize an …

District coroners are state officers, whose fees, ex- penses and salaries are paid by the county. District coroners are thus "employees" as defined at K.S.A. 1976 Supp. 40-2302(c) respecting whom OASI withholding must be made. *

If a city planning commission or a county planning board has not adopted subdivision regulations pursuant to K.S.A. 12-705 or K.S.A. 19-2918, a plat of a proposed subdivision within the area of the comprehensive plan is not required to be submitted to the planning com- mission or planning board for its review pursuant to K.S.A. 12-705b or K.S.A. 19-2918c. *

A county may provide for gravelling and grading of a road dedicated to public use by a plat filed respecting land which lies outside the limits of an incorporated city. *

Municipal employees who hold CETA-funded positions and who hold such positions for a period of one year are not exempt from membership in the Kansas Public Employ- ees Retirement System as "temporary" employees, and upon the completion of one year of service, become mem- bers of the System on the same basis as other city employees.

Payments to county and district attorneys pursuant to ch. 119, L. 1977, for representation of the state in criminal and post-conviction appeals from the district courts of the state should be regarded as salary rather than independent contractual payments, and are thus subject to withholding requirements for OASI and like purposes. *

December 9, 1977 ATTORNEY GENERAL OPINION NO. 77- 383 Dorothy K. White Sedgwick County Clerk Sedgwick County Courthouse Wichita, Kansas 67203 RE: Taxation - Certification of Tax Rolls by County Clerk - Manner - K.S.A. 1976 Supp, 79-408. SYNOPSIS: Where a county provides an on-lin…

A county in the exercise of its statutory home rule powers may authorize the issuance of industrial revenue bonds, analogous to those now authorized for cities by K.S.A. 12-1740 et seq. Questions regarding the taxability of all income or interest therefrom should be referred to the Internal Revenue Service and the Kansas Department of Revenue, for counties cannot in the exercise of their home rule powers exempt such interest and income from income tax liability.

A claim of $14,957.34, representing a cost increase of 65.8% over the amount bid for the project through a competitive bidding process, and representing a claim for payment for substantial work in excess of that called for by the contract, should not be honored by the city either as based on an express contract or as based on implied contract.

Director of Forestry, Fish and Game Commission has no statutory authority to appoint either auxiliary or deputy game protectors.

(1) A township cemetery may disorganize itself and a cemetery district may be formed (which includes terri- tory wherein lies a third class city) pursuant to K.S.A. 17-1345. (2) Statutes governing cemetery districts created under K.S.A. 17-1345 are governed by those statutes delineated in K.S.A. 17-1346.

A vacancy in the position of district magistrate judge in a judicial district which has not adopted the non- partisan plan for the selection of judges is filled by appointment by the governor, within sixty days of occurrence of the vacancy, and the person so appointed serves only until the next general election which is held more than thirty days after occurrence of the vacancy, at which election a person shall be elected to serve the unexpired term.

A county central motor pool established under K.S.A. 19-2679 to the extent that it may be considered a public instrumentality and that it is revenue producing falls within the purview of the term "utility" as defined in K.S.A. 10-1201. *

A county is not liable for payment of out-district tui- tion for students residing on a federal military reserva- tion located in such county and attending a community junior college in this state. *

K.S.A. 8-1907 (c) and (d) is general in nature, uniform- ly applicable, and bears a rational relation to the purpose of the legislature of regulating motor vehicles upon the highways. Thus, K.S.A. 8-1907 (c) and (d) is not discriminatory nor do the subsections violate any principles of equal protection of the law.