Kansas Attorney General Opinions

The duties of the Clerk of the District Court as defined by K.S.A. 19-1302 and the County Treasurer in K.S.A. 19-506 do not authorize the "searching" of records by those officials for third parties and the "certifying" of the results. * *

Executory contracts, not to be performed within ninety days, for the sale of real estate are mortagages covered by the Mortgage Registration Act and $.25 on every dollar of principal debt or obligation, due and owing at the time such contract is offered for recording, must be collected by the Register of Deeds before recording the instru- ment. Even though the first payment called for under the contract is to be paid in cash or dollars, such payment must be included in the sum taxed, if unpaid on the date of recording.

The legality of the use of the word "engineer" or its derivations in corporate or company names is determined by its effect on the lay public. Thus, each situation must be examined individually in light of the public interest embodied in K.S.A. 1977 Supp. 26a-102(c). *

A national bank is acting within the scope of its cer- tificate of authority in offering loans at and through detached auxiliary banking services facilities which are established in conformity with K.S.A. 9-1111, and is not subject to the constraints of K.S.A. 9-1111 limiting the banking services which may be offered through such facilities. *

The phrase "employer contributions for retirement" as it appears in section 1(a) and section 3(b) of 1978 Senate Bill 966 includes contributions both for Social Security benefits and employer contributions pursuant to the Kansas Public Employees Retirement Act.

Where the architectural negotiating committee has nego- tiated a contract with an associate architect to provide schematic drawing and services, working drawing and construction administration services, and it is proposed to renegotiate that contract only insofar as it concerns compensation to be paid for additional construction administration services, the additional compensation which may be paid therefor is subject only to the maxi- mum limit prescribed by K.S.A. 75-5410, and is not limited to only twenty percent of either the maximum allowable compensation or of the negotiated contract fee

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.

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.

When a city has no municipal court and no city ordinances, the city police officer may issue notices to appear in the District Court for violation of state highway rules and regulations.

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…

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.

Under the juvenile work release program proposed by the McPherson County District Court, neither the state nor the county would be liable for the medical expenses in- curred by a juvenile injured while working under such program.

June 16, 1978 ATTORNEY GENERAL OPINION NO. 78- 198 Ms. Vergie D. Wente Clerk of the District Court Sheridan County Courthouse Hoxie, Kansas 67740 Re: Courts--Budgets--Salaries Synopsis: If the original 1978 district court budget as adopted by the board of county, commissioners in…

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. *

June 15, 1978 ATTORNEY GENERAL OPINION NO. 78-196 Mr. Merle R. Bolton Commissioner of Education State Department of Education 120 East Tenth Street Topeka, Kansas 66612 Re: Community Junior Colleges--State Aid--Amounts Synopsis: The sum of $137,573 should not be deducted from fut…

The budget of the district court as finally adopted by the board of county commissioners must include line item amounts identifying the compensation paid for each job position in the budget. The amounts so identified constitute both an appropriation thereof and a legal prescription of the salary to be paid such positions during the budget year. Neither the board of county commissioners nor the administrative judge may reduce or increase the salary of the clerk of the district court or of any other nonjudicial employee of the court below or above the amount prescribed in the budget. *

A vacancy in the office of register of deeds shall be filled under K.S.A. 25-3901 et seq., by appointment by a convention consisting of all precinct committeemen and committeewomen of the county of the political party to which the register of deeds belonged whose departure from office has given rise to the vacancy to be filled. *

In addition to the city governing body or planning commission, only the owner of property proposed to be rezoned may initiate a zoning amendment respecting such property under K.S.A. 12-708. *

In determining the running of the five (5) year term cited in K.S.A. 21-4202, "release from imprisonment" shall be strictly construed to mean the release from confinement in a penal institution and does not include that time during which the convicted felon is under parole from a penal institution. *

K.S.A. 79-1604 doe's not require the preparation of a separate supplemental tax roll for motor vehicles which are transferred between July 1 and September 1. It requires only that after the July 1 abstract is pre- pared, vehicles which are transferred thereafter and until September 1 shall be assessed, the original assess- ments amended accordingly, and that when the levies are set, the amended valuations shall be duly credited. These tasks may be performed by continued computer processing of such changes, without the use of manual corrections and preparation of a separate, physical supplement

June 13, 1978 ATTORNEY GENERAL OPINION NO. 78- 189 The Honorable Edward F. Reilly, Jr. State Senator 430 Delaware Leavenworth, Kansas 66048 Re: Corporations--Service of Process--Dissolved Corporations Synopsis: Kansas law does not specify in what manner service of process may be …

The fifty cent fee prescribed by K.S.A. 1977 Supp. 28- 170a and the assessment authorized by section 9 of 1978 House Bill 3129 are not invalid for any of the reasons set forth in Opinion No. 78-165. * *

Section 28 of 1978 Senate Bill 915 does not allow the expenditure of any moneys in excess of $25,000 from the appropriation for other operating expenditures at ch. 21, § 8(a), L. 1977, for medical malpractice legal counseling. *

The board of county commissioners holds title to a street which is duly dedicated to the public use in trust for the public, and title to the property thus dedicated is not vested in the board for its disposition as it deems fit. It holds the title in trust only, and has no authority to dispose or relinquish of that title to another party. * *

The issuance of credit cards to county officers and employees for use in the conduct of official county business does not violate K.S.A. 19-242. The payment of travel advances to county officers and employees does not comply with the uniform procedure for the payment of claims and other indebtedness by municipali- ties, K.S.A. 10-801 et seq. and K.S.A. 12-105. *

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. * *

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. * *

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. *

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. * *

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.

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…

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. *

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:

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 …

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. *

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. *

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. *

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.…

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 …

(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. *

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…

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.

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. *

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. * *

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. *