Kansas AG Opinions, 1976

January 19, 1976 ATTORNEY GENERAL OPINION NO. 76- 19 Gary L. Nafziger Jefferson County Attorney Jefferson County Courthouse Oskaloosa, Kansas 66066 RE: Counties -- Charter Resolution Petitions SYNOPSIS: A petition filed pursuant to K.S.A. 19-101b(c) to require an election on a pr…

Under the due process procedure set out at K.S.A. 1974 Supp. 72-5436 et seq., as amended by Chapter 373 of the 1975 Session Laws, both the justification for and order of discharge of faculty members subject to the protection, absent a bargaining agreement stipulating otherwise, is left entirely to the sound discretion or policy guidelines of the school board.

A motorized vehicle equipped with a 5 HP or less motor is treated as a motorcycle under Chapter 8, Article 1, and as a motor driven cycle under Chapter 8, Article 14 of the Kansas Statutes Annotated.

Board of trustees for county hospital established per K.S.A. 19-1801 et seq. is authorized to exercise control over the deposit and investment of unused or surplus bond proceeds, and any income earned therefrom must be applied to the hospital fund and expended as per the requirements of K.S.A. 10-131.

The amenability of a person under the age of eighteen (18) years to the Kansas Juvenile Code remains unaffected by the marriage of such person. * * Dear Mr. Winter:

January 14, 1976 ATTORNEY GENERAL OPINION NO. 76- 14 Mr. Dan E. Turner City Attorney Legal Department 215 East 7th Street Topeka, Kansas 66603 Re: Cities--Streets and Ways--Parking Synopsis: The state may, in the exercise of its plenary legis- lative power, restrict parking upon …

The examination costs charged by hospitals for the administration of blood alcohol tests in the investigation of a DWI case may be assessed as additional court costs. * *

Cemetery corporations engaged in the sale of land for the burial of other than dead human bodies are not sub- ject to the requirements of K.S.A. 17-1312a et seq.

License fees prescribed by paragraphs 3.3 and 3.4 of Ordinance No. 83 of the City of Lansing for mobile home park operators do not violate the equal protection clause of the United States Constitution or the Kansas Constitution. * *

A petition protesting a zoning amendment is sufficient under K.S.A. 12-708 if 1) it is signed and acknowledged by owners of twenty percent or more of the real property proposed to be rezoned; or 2) if it is signed and acknow- ledged by the owners of twenty percent or more of the total area located within two hundred feet of the area proposed to be rezoned, whether located within or without the corporate boundaries of the city, excluding public streets and ways.

Information assembled in the administration of the Kansas Employment Security law, K.S.A. 44-701 et seq., is confi- dential, but by law access thereto is permitted to any person who is a public employee, i.e., an employee of the State of Kansas, of any city incorporated under the laws of this state, or any employee of any county, township, school district, or other political subdivision, when engaged in and necessary for the performance of the public duties of such public employee. *

There is no constitutional or statutory prohibition against the execution of an agreement by a Kansas city whereby it agrees to satisfy claims by another party for damages resulting to the property of such other party from the operations, acts or omissions of the city. Payment of any obligation arising out of such an agreement must comply, however, with the Kansas cash-basis law.

Removal by a county commissioner from one commissioner district of the county to another commissioner district of the same county during the term of office does not result in a vacancy in said office. *

A county law library established under K.S.A. 19-1319 et seq. may not assess and collect user charges for use of a computer terminal and access to a data bank for legal research, for use of the library is required by K.S.A. 19-1320 to be "free of charge" to all eligible users. Use of funds of the library to purchase computer access time for one group of eligible users to the exclusion of all other eligible library users repre- sents an impermissible preferential expenditure of library funds for the benefit of less than all of its patrons. * *

K.S.A. 1975 Supp. 8-1911(a) . exempts certain equipment as to special permits when moved on highways under the authority of the Kansas Department of Transporta- tion or local authority, but requires a permit when moving said equipment at anytime from one-half hour after sunset to one-half hour before sunrise and does not allow said equipment to travel on interstate highways unless the vehicle carrying said equipment meets the regulations as to height, width, length, gross weight and axle weight which may be exceeded only under authorization of special permit issued subject to applicable regula

A city may, in the exercise of constitutional home rule powers, provide by ordinance for the levy of a merchants' or occupational tax, the proceeds of which may be deposited in a special fund and used for purposes specified in the authorizing ordinance. * *

An areawide regional health planning agency, as defined by K.S.A. 65-2a01, is not a 'state administrative agency and is not subject to the provisions of the Kansas open meeting law. It must include open meetings in its health planning functions, but the use of written ballots for Council votes is not prohibited. *

An elected county official may, in the performance of the duties of his or her office, publish required legal notices in any newspaper which meets the require- ments of K.S.A. 64-101 and any other statutory require- ments which may be specially applicable to particular notices, and is not restricted to a newspaper designated as the official county newspaper by formal action of the board of county commissioners. However, in the exercise of county home rule powers, the board of county commissioners might prohibit the expenditure of county funds for the publication of any legal notice in any news

A municipal ordinance requirement that a private club obtain a city license in order to serve alcoholic beverages after 12:,00 p.m., which license and fee therefor is in addition to the license and fee which cities are directed to require and assess under K.S.A. 41-2622 as amended by ch. 252, § 3, L. 1975, is prohibited by that section and K.S.A. 41-2631. * * *

March 15. 1976 ATTORNEY GENERAL OPINION NO. 76-8 Mr. David W. Hughes Assistant District Attorney Johnson County Courthouse P. 0. Box 728 Olathe, Kansas 66061 RE: (1) Cities of the First and Second Class -- Items Properly Sold at Police Auctions. (2) Police Records -- Destruction …

Pursuant to the provisions of the Public Records Law, K.S.A. 45-201, et seq., there is no requirement that the Kansas Animal Health Department or the Livestock Commissioner furnish upon request to interested citi- zens copies of all specific brucellosis quarantine orders placed against particular herds of cattle. This opinion does not prohibit the Kansas Animal Health Department or Livestock Commissioner from voluntarily furnishing or permitting inspection of such quarantine orders. *

Approval of the State Board of Education is not necessary to authorize the board of control of an area vocational-technical school to sell and convey land and buildings constructed thereon, as described below.

A unified district court may establish a court-admini- stered process service office, and employ therein per- sons presently employed by the marshal of a magistrate court in said county, for the service of process under the code of civil procedure, as of January 10, 1977. However, executions against judgment debtors in civil actions, arrest and search warrants and other criminal process, and process in actions under the code of civil procedure for limited actions are required by express statutory provisions to be executed by and under the authority of the sheriff.

A township board may accept a gift of property for use as a community building, but may not do so until acquisi- tion of the property by the .township is approved by the electorate of the township pursuant to K.S.A. 80-104. * *

The 120 day time limitation for modification of a sentence by the court begins to run from the actual date of sentencing. *

It is possible for a police department designate to be deputized by the sheriff to do the particular act of serving subpoenas upon the police department personnel. *

K.S.A. 21-4617 does not authorize a court to consider a request for expungement of an arrest record not resulting in a conviction. Although a court of general jurisdiction has the authority to consider an expungement request under the appropriate circumstances even in the absence of statute, the County Court of Douglas County, a court of limited jurisdiction, is without power to grant such relief. *