Kansas AG Opinions — 1978

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. *

1978 House Bill 2102, providing for distribution of monies from the state safety fund to nonpublic schools violates the Establishment Clause of the First Amend- ment of the United States Constitution. * *

1978 House Bill 2840 provides authority for non-drilling leases to be executed by the State Forestry, Fish and Game Commission. Such authority is permissive only, and does not conflict with the existing authority for oil and gas leases under K.S.A. 74-3315.

The State Bank Commissioner has no power under K.S.A. 9-1715 to authorize a state bank to establish a loan production office on the premises of a detached facility.

The taxation scheme proposed in Section 1 Second of House Bill 3096 and Section 1 Second of House Bill 2778 is not in violation of Article 11, Section 1 of the Kansas Constitu- tion as a matter of law.

The legislature may extend the terms of office of county treasurers elected at the general election in 1976 until the second Tuesday of October of 1981. * *

There is no state official who is empowered to execute a lease of the mineral interests reserved to the State of Kansas in the property known as the Ellsworth Home for the Aged, and which were reserved to the State of Kansas in a deed executed July 1, 1959, by the State Board of Social Welfare conveying said property pursuant to K.S.A. 76-14a03.

A county may not establish petty cash funds for the use of county departments except when and as authorized by specific statutory authority. Statutory county home rule powers may not be used for that purpose, because the use of such funds constitutes a departure from the uniform procedure for the payment of claims and other indebtedness by municipalities, which applies manda- torily and uniformly to all counties.

The 1977 amendment to K.S.A. 12-1908 does not authorize U.S.D. 373 to levy an additional one mill levy for the Newton Recreation Commission. The additional levy authority provided by the 1977 amendment applies only to levies made for the Commission by the city, and not to such levies made by the school district.

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. *

The operation of a loan production office by a national bank does not constitute branch banking for the purpose of 12 U.S.C. 36(c) and is therefore allowable for national banks operating in the State of Kansas so long as loans are approved and made at the main bank office.

K.S.A. 72-5440(b) does not authorize the compensation of members of hearing committees serving pursuant to K.S.A. 72-5436 et seq

Payment of unused sick leave is lawful and a proper subject for negotiation pursuant K.S.A. 72-5413 et seq.

The establishment of a fringe benefit pool for teachers is a proper subject for negotiation pursuant to 72-5413 et seq.

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

March 2, 1978 ATTORNEY GENERAL OPINION NO. 78- 104 Mr. Steven D. Harris Director Kansas Energy Office 503 Kansas Topeka, Kansas 66603 Re: Kansas Energy Office--Powers--Jurisdiction Synopsis: That portion of K.S.A. 1977 Supp. 74-6806 which autho- rizes the governor to declare an e…

Authority for resolving questions concerning the validity of appraisal schedules for farm machinery prescribed by the Director of Property Valuation rests solely with the State Board of Tax Appeals.

K.S.A. 1977 Supp. 3-314 authorizes the issuance of revenue bonds thereunder for the construction of an office building to be located at the Johnson County Executive Airport.

Felony murder is not a lesser included offense of first degree murder under House Bill 2863.

1977 House Bill 3095 does not contain provisions re- lating to more than one subject in violation of Article 2, § 16 of the Kansas Constitution. *

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. *

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.