Kansas Attorney General Opinions

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.

No petition pursuant to section 10 of 1978 Senate Bill No. 975 may be accepted for filing by the county elec- tion officer prior to July 1, 1978. No signature on any petition filed on or after that date should be re- jected or not counted because the date of such signature precedes July 1, 1978. *

It is not a part of the official duties of a sheriff or of sheriffs' deputies to serve extrajudicial notices such as notice given by a landlord or tenant to the other terminating tenancy under K.S.A. 58-2570. *

Seized or abandoned property not connected with District Court proceedings which remain in the custody of the Topeka Police Department or other City Department for a period of three (3) months and remains unclaimed may be sold at public auction as provided by Topeka City Ordi- nance #13781. Property seized by the Topeka Police Department which is or may be used as evidence in a District Court proceeding comes under the jurisdiction of the District Court and the disposition of such property shall be governed by K.S.A. 22-2512. *

The Uniform Commercial Code, on secured trans- actions, applies only to transactions which create a security interest in personal pro- perty or fixtures as defined in the act. It does not apply to the creation of a sale or mortgage of real estate. Where a UCC financing statement lists as collateral the assignment, with right of reassignment, of borrower's rights and interest in and to an unrecorded purchase contract of specifically described real estate, it cannot be received and filed by the Register of Deeds.

May 2, 1978 ATTORNEY GENERAL OPINION NO. 78- 155 Mr. Thomas E. Osborn Attorney at Law 434 Brotherhood Building Kansas City, Kansas 66101 Re: Mentally Ill Persons--Emergency Hospitalization--Authority Of Peace Officers Synopsis: A physician on duty at K.U. Medical Center has no au…

The Statewide Health Coordinating Council must review an application for certificate of need on its merits when conducting hearings pursuant to K.S.A. 1977 Supp. 65-4801 et seq. *

April 25, 1978 ATTORNEY GENERAL OPINION NO. 78- 153 Mr. Don Vsetecka Finney County Attorney 118 West Pine Street Garden City, Kansas 67846 Re: Elections--Minority Language Assistance--Ballots Synopsis: Under the Voting Rights Act of 1965 and Voting. Rights Act Amendments of 1975,…

No provision of 1976 power plant siting act, K.S.A. 1977 Supp. 66-1,158 et seq. prohibits the sale of gen- erating capacity in a plant constructed without a permit which is exempt from the permit process because of K.S.A. 1977 Supp. 65,-1,169, the grandfather clause. The Kansas Corporation Commission appears to have no authority to compel by affirmative order the merger of two utilities holding certificates of convenience and necessity in this state, or to compel the sharing of generating capacity, in the exercise of its general supervision and control of electric utilities in this state.

April 12, 1978 ATTORNEY GENERAL OPINION NO. 8 151 Dr. James McCain Secretary of Human Resources 401 Topeka Avenue Topeka, Kansas 66603 Re: Competitive Bidding-Conflict--Federal Law Synopsis: A conflict exists between the provisions of Title III of the Comprehensive Employment and…

A license issued under § 14(b)(3)(B) of 1978 Senate Bill No. 952 does not authorize the sale of alcoholic liquor. Assuming, for the purposes of argument, that such a license did authorize the holder to engage in the sale of alcoholic liquor, this bill authorizes the operation of a facility for the sale of alcoholic liquor by the drink to members of the public on the premises of a licensed food service establishment, independently of the sale and consumption of food, and such a facility may constitute an "open saloon" in violation of Article 15, § 10 of the Kansas Constitution. *

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.

A "law enforcement officer" in Kansas has authority to make arrests for violation of the laws of the State of Kansas or ordinances of any municipality thereof, and does not have the power of arrest for violation of Federal immigration laws. * *

The United States has exclusive jurisdiction over the Fort Leavenworth military reservation, and annexation thereof by the City of Leavenworth does not vest in the City any jurisdiction thereof whatever. *

Only the township board, with the consent of the county engineer, is authorized to appoint a township road overseer. The trustee, acting alone under K.S.A. 80- 301, Second, has no such authority.

An airport authority created under K.S.A. 3-162 may exercise the power of eminent domain to acquire property for airport purposes without the concurrence or approval of the city governing body.

A county may not enforce its zoning regulations against commercial livestock operations.

K.S.A. 17-2218 does not restrict the payment of dividends on a date of deposit to date of with- draw basis, but does prohibit the payment of dividends monthly. *

An abstaining vote by a member of a school board cannot be counted to constitute .a majority for the purpose of contracting with a teacher. K.S.A. 72- 8202(c) and (d) require that a school board employ a clerk and a treasurer and members who do not com- ply with these requirements are subject to an action in mandamus, ouster from office and personal lia- bility for damages. *

Once the Corporation Commission determines that the proposed sale of generating capacity of a generating plant located in the State of Kansas will not affect Kansas ratepayers and will not impair the "public con- venience and necessity," it has no further jurisdiction in the matter.

A municipal judge and a part-time prosecuting attorney of the city are public officers within the meaning of K.S.A. 12-1601. An attorney who is employed on a monthly retainer to represent and advise a particular department of the city, and an attorney who is retained to handle a specific case or class of litigation are not public officers of the city. *

In those instances where a law enforcement officer has stopped a motorist for a traffic violation, specifically for driving while intoxicated or for reckless driving, Miranda warning need not be given until the motorist is subjected to custodial interrogation. *

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.

A fee of $2.00 should be assessed under K.S.A. 1977 Supp. 28-115 for the recording of a partial release. * *

March 20, 1978 ATTORNEY GENERAL OPINION NO. 78-138 Mr. Merle R. Bolton Commissioner of Education Kansas State Education Building 120 East 10th Street Topeka, Kansas 66612 Re: Colleges and Universities--Conferring of Degrees-- Regulation Synopsis: Regulation of church-related inst…

A statutory amendment is necessary to enable the City of Kansas City, Kansas, or any other Kansas city, to comply with 28 C.F.R. § 98.25. Compliance with that provision may not legally be implemented by executive order of the governor, mayor or any other official of the state of Kansas.

A board of park commissioners which is subject to K.S.A. 13-1331 may not adopt a minority set-aside procurement program for contracts for improvements which are subject to that statute. Likewise, a board of park commissioners may not adopt a minority set-aside program for contracts for procurement which are subject to competitive bidding ordinances of the city which do not permit such pro- grams. As to procurement of the board of park commis- sioners which is not governed by state statute or city ordinance, the board may adopt minority set-aside programs. * *

A contract for consulting services to provide assistance to minority contractors, which entails not only engineer- ing but accounting, business management and perhaps other professional services, is not subject to K.S.A. 75-5801 et seq., but must be let in accordance with the competitive bidding requirements of K.S.A. 75-3739 et seq.

Law enforcement agencies may maintain arrest records and may enter a municipal court conviction of an offense other than a traffic offense into its criminal record data banks. * * *

A city may not convey real property acquired with monies from its industrial fund, established pursuant to K.S.A. 12-1617h and -1617i, to a development company or directly to an industrial prospect except for consideration at least equal to the fair market value thereof. *

K.S.A. 75-4318(b) and (c) requires notification of any representative of the media, including television, radio, and newspapers, whether located within or without the city, of any regular or special meeting of the city governing body, when such representative has requested said notification. This notification must be given by the mayor or other presiding officer of the city governing body, or other person calling a special meet- ing thereof. * *

March 29, 1978 ATTORNEY GENERAL OPINION NO. 78- 131 Honorable Robert C. Henry Representative - 47th District House of Representatives Statehouse - Room 278W Topeka, Kansas 66612 RE: Taxation - Reappraisals - Powers and Juris- diction of Board of County Commissioners. K.S.A. 79-16…

There is no statutory requirement that motor vehicles purchased by a county be purchased through a competitive bidding system with the contract awarded to the lowest responsible bidder. The county may negotiate a contract for the purchase of motor vehicles which it deems nec- essary, without the taking of competitive bids. *

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.

An improvement district, such as that organized under K.S.A. 19-2753 et seq., is a "public corporation" and a "body politic and corporate," but it is not a muni- cipal corporation, and is not a "city" as that term is used in K.S.A. 79-3425. *

The question of licensing the sale at retail of alco- holic liquor by the package may be submitted by the city governing body only at the time of the city general election held on the first Tuesday in April. * *

K.S.A. 19-247 does not place rigid, mandatory duties upon the county counselor. The duties and responsibili- ties of a county counselor arises by employment contract between a board of county commissioners and its counselor. * *

The determination by the state historical preservation officer that removal of the sculpture of James Woods Green would damage the historic property entered in the National Register of Historic Places bars removal of the sculpture to the site of the new law school on the campus of the University of Kansas unless and until the governor determines that there is "no feasible and prudent alternative" to the removal of the sculpture.

A national bank may establish and operate a loan pro- duction office on the premises of a detached facility which has been established in conformity with K.S.A. 9-1111. *

Applicant for registration to practice as a pharmacist in this state must graduate from a school or college of pharmacy or department of a university accredited by the American Council on Pharmaceutical Education and recognized and approved by the Kansas State Board of Pharmacy. *

Counties are subject to the provisions of the minimum wage and maximum hour law, K.S.A. 1977 Supp. 44-1201 et seq.

The increased fee of $13, adopted by the State Board of Education at its meeting on September 13, 1977, pursuant to K.S.A. 1977 Supp. 72-1387, may be assessed only for certificates issued on and after July 1, 1978, and may not be assessed for certificates issued prior to that date, regardless of the effective date of cer- tificates so issued prior to July 1, 1978.

Personnel, apparatus and procedures followed in the taking of samples of human breath for testing for blood alcohol content for law enforcement purposes, as imple- mented and operational in March, 1976, by the Kansas Highway Patrol are not subject to certification, li- censing and periodic inspection by the Secretary of Health and Environment. *

Pursuant to K.S.A. 12-4210, an arresting police agency may accept from an accused the bond required under the warrant of another municipality and then forward such bond to the issuing municipality by U.S. mail.

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…

March 16, 1978 ATTORNEY GENERAL OPINION NO. 78- 119 Mr. Tim W. Ryan Clay County Attorney 509 Court Street Clay Center, Kansas 67532 RE: Probate Code -- Care and Treatment for Mentally Ill Persons -- Application for Determination of Mentally Ill Persons SYNOPSIS: Pursuant to K.S.A…

Pursuant to K.S.A. 31-137, the chief of any or- ganized fire department of any city must enforce all applicable provisions of K.S.A. 31-132 et seq., and any rules and regulations promulgated pursuant thereto. *