Kansas AG Opinions, 1978

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.

February 10, 1 978 ATTORNEY GENERAL OPINION NO. 78- 64 Lyndus Henry County Counselor Box 31-A Olathe, Kansas 66061 RE: Mortgage Registration - Exemptions - Subsequent Mortgages including first mortgage debt - Neces- sity of same lender. K.S.A. 79-3102(3). SYNOPSIS: To prevent the…

It is the obligation of the contracting public agency to assure that its contractor pays the wages required by K.S.A. 44-201 by prescribing the applicable wage rates at the outset of the contracting process, announc- ing those wage determinations in specifications seeking competitive bids, and to incorporate those rates in the final contract documents.

A citation properly issued pursuant to K.S.A. 1977 Supp. 8-2106, may serve as a legally sufficient com- plaint for violations of those statutes regulating traffic, including those not found in Kansas Statute Annotated, Chapter 8.

K.S.A. 79-2930 permits an allowance to be made in the amounts or rates of levy prescribed in a budget adopted by a governing body under the Kansas budget law for unpaid taxes, which allowance may not exceed one hundred five percent of the rate of delinquency in the preceding tax year. * *

The industrial fund created pursuant to K.S.A. 12-1617h may be used to purchase industrial sites to be used for sale or lease to private corporations. *

MAIN PHONE 1913) 296-2215 October 10, 1978 CONSUMER PROTECTION' 296-3751 ATTORNEY GENERAL OPINION NO. 78- 323 The Honorable Patrick J. Hurley Majority Leader of the House Kansas House of Representatives 3rd Floor - State Capitol Topeka, Kansas 66612 Re: Minimum Wage and Maximum H…

There being no express statutory procedure governing the sale of a township hall not involving the sale of the land on which it is located, the township trustee may in the exercise of the general powers of that office at K.S.A. 80-109 negotiate and enter into a contract for the sale and removal of the building, or for the dismantling thereof and the sale of materials.

Courses which are offered on the premises of a federal military reservation which is located within the State of Kansas by an institution of postsecondary education which is chartered, incorporated or otherwise organized, and the main campus of which, is located, outside this state are not subject to the registration requirements of ch. 87, L. 1978. * *

A community junior college may offer courses which have not been approved by the State Board of Education, so long as no tuition is charged therefor, and no credit hour state aid, out-district state aid and out-district tuition is charged therefor. Such courses may not be computed in determining the "budget per pupil" under K.S.A. 1977 Supp. 71-611.

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…

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. *

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.

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.

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. 44-201 applies to contracts of the Kansas Turn- pike Authority. * *