Kansas Attorney General Opinions

February 28, 1977 ATTORNEY GENERAL OPINION NO. 77- 69 Mr. Richard E. Samson Stevens County Attorney Stevens County Courthouse Hugoton, Kansas 67951 RE: Motor Vehicles--Mobile Homes--Taxation--Special Listing Laws. Synopsis: The valuation and listing for taxation of motor vehicles…

Cases of child abuse or neglect must be promptly reported to the statutorily designated court or agency and such reports made to other agencies or organizations not specified by statute are not substitutes for the statutorily required reporting and there is no statutory immunity from liability arising out of reports made to agencies or organ- izations not specified by statute.

A Kansas county may contract through its board of county commissioners with the Secretary of the Army for increas- ed police protection services in and around federal reservoirs within their jurisdiction. The board of county commissioners is the proper party to such con- tracts except in counties such as Riley County, which has a consolidated law enforcement department, in which instance, the board governing that agency is the proper party to such an agreement.

K.S.A. 1976 Supp. 80-1520, as amended in 1973, permits the governing body of any fire district located in a county with a population of, not less than 60,000 and not more than 100,000 to levy up to six mills upon the adoption and publication of an appropriate resolution. If such resolution recites that the authority for such increased levy applies to the current and subsequent years, such resolution, if unchallenged by a protest petition and election, constitutes authority for such increased levy in subsequent years.

Advertising which describes a detached auxiliary banking service facility as a "bank" is not in violation of K.S.A. 9-2011.

Under K.S.A. 2-1316, a county must, acting alone or jointly with other counties, appoint a weed supervisor, subject to the approval of the secretary of the State Board of Agriculture. This requirement may not be dis- placed or superseded by the exercise of county home rule powers under K.S.A. 19-101a et seq.

Security officers employed under authority of K.S.A. 1976 Supp. 72-8222 are not "law enforcement officers" required to attend the Law Enforcement Training Academy.

A city may not provide by ordinance for the disposition of animals prior to three (3) days following the day of receipt of delivery of such animal at a city animal pound or shelter as required by K.S.A. 47-1710. *

Cities may by ordinance provide for the issuance of general obligation bonds for the payment of improvements to city-owned property subject to certain limitations. *

There is no statutory authority for incorporation of all or part of an existing improvement district into an adjacent sewer district or for consolidation of an improvement district with an existing adjacent sewer district into a new sewer district comprising the terri- tory of both so as in any way to diminish the corporate powers of the improvement district.

An associate district judge who has prior service under the Kansas Public Employees Retirement System and who becomes a member of the retirement system for justices and judges under ch. 146, § 27(b), L. 1976, may with- draw his or her accumulated contributions which are on deposit with the Kansas Public Employees Retirement System.

The exercise of municipal zoning power is an inherently governmental function, and it is unlikely that members of the city governing body or members of a planning commission will be held liable for damages for injuries resulting from a safety hazard which is constructed as a result of the grant of a zoning change. * *

February 14, 1977 ATTORNEY GENERAL OPINION NO. 77- 58 Mr. Richard D. Loffswold, Jr. Attorney at Law 116 East Forest Post Office Box 163 Girard, Kansas 66743 Re: Cities--Property--Disposal Synospis: No Kansas law prohibits the disposition of city property of a city of the second c…

Action by a board of county commissioners to authorize installation of underground irrigation pipe on the right- of-way of a county road does not intrude upon the rights of abutting landowners who hold title subject to the public easement, for the board of county commissioners holds complete and exclusive use of the public easement.

A county may, in the exercise of its home rule admini- strative powers, enter into agreements with other coun- ties to share the cost of a trial of a person accused of committing an offense within the jurisdiction of such county, when the trial is to be held outside said county. * *

A city may, in the exercise of its legislative powers under Article 12, § 5 of the Kansas Constitution, autho- rize the payment of bonuses to its employees. *

The special city-county road fund created by K.S.A. 1976 Supp. 79-3425 is applied in part to the support of the "state system of highways" as that term is used in Article 11, § 9 of the Kansas Constitution. The tax levied by K.S.A. 79-6a01 et seq. is not a "general property tax" within the meaning of Article 11, § 9. The tax levied by K.S.A. 79-6a01 and applied as proposed by 1977 House Bill 2202 constitutes a "special tax" on motor vehicles within the meaning of Article 11, § 10 of the Kansas Constitution, and may permissibly be applied to road and highway purposes.

The Kansas open meeting law, K.S.A. 1976 Supp. 75-4317 et seq., applies only to legislative and administrative bodies of the state and its political subdivisions, and subordinate groups thereof, and does not apply to an unpaid voluntary citizens' committee which is consti- tuted by a county officer to advise him or her concern- ing matters within the jurisdiction of such officer, but which exercises no administrative authority of such officer.

The appropriation of $32,000 to the Director of Archi- tectural Services made by the 1976 legislature for a study to determine comparative construction and opera- tion costs and visitation estimates for various loca- tions for a new state historical society museum may include any alternative sites which the Director deems appropriate, in addition to the property already ac- quired by the state pursuant to K.S.A. 1976 Supp. 76- 2306 et seq. The contractual services for such study are not exclusively architectural and are not subject to the selection process prescribed by K.S.A. 1976 Supp. 75-54

If a board of county commissioners chooses to exempt itself from the compensation prescribed for it by K.S.A. 1976 Supp. 28-810(a), it may do so by a charter resolu- tion which prescribes a different amount, or by provid- ing in lieu thereof that the amount shall be as subse- quently prescribed by said board of county commissioners. *

A township may not lease township property pursuant to K.S.A. 8-104 for use for industrial sites by a muni- cipal industrial development commission. *

Special facilities revenue bonds may be issued for the construction, etc. of facilities located upon airport property but not related to airport opera- tion pursuant to K.S.A. 3-154, notwithstanding K.S.A. 3-116 and 13-1348b. *

Under the Small Claims Procedure Act, K.S.A. 61-2701 et seq., a party may obtain the assistance of counsel in post-judgment proceedings, e.g., involving attach- ment, levy and garnishment. *

Monies deposited in the special fund pursuant to K.S.A. 8-145 may be used only to pay for necessary help and expenses allocable to administration of the motor vehi- cle registration law performed by the office of county treasurer. Annual bonuses for all deputies and assis- tants to the treasurer are not properly payable from said fund. *

A fire district organized under K.S.A. 19-3613 et seq., may include new territory therein only by K.S.A. 19- 3604, and territory comprising a city of the third class which is completely encircled by said district may not be included therein by action of the governing body under K.S.A. 19-3605. If a city is included in such fire district, control and supervision over fire dis- trict services rendered within said city rests with the governing body of the fire district, and not the governing body of the city.

Persons engaged in remodeling businesses are required to pay the retailers' sales tax upon the gross receipts from such services. Persons who, in addition to en- gaging in a remodeling business, are also engaged in the sale at retail of materials which are used by others, such as homeowners, in remodeling projects are required to collect and remit the retailers' sales tax on such transactions. *

January 28, 1977 ATTORNEY GENERAL OPINION NO. 77- 45 F. T. "Jim" Chaffee Sheriff, Shawnee County 200 East Seventh Topeka, Kansas 66603 RE: Sheriffs - Deputies - Powers and Appointment SYNOPSIS: The appointment of any deputy sheriff expires upon the expiration of the term of the a…

Senate Bill 79, before the 1977 legislature, is unnec- essary to empower a Kansas city to construct a line for the purchase of electricity to a seller thereof located beyond the territorial boundaries of the city, for the city may do so in the exercise of its general administrative powers vested in it by Article 12, § 5 of the Kansas Constitution. *

Urban transit buses operated by the Topeka Metropolitan Transit Authority may not be used on "school tripper" routes for the transportation of students to and from school unless and until such vehicles meet the statutory requirements for school buses, and comply with regula- tions of the Kansas Secretary of Transportation pertain- ing to school buses.

A petition which is filed pursuant to K.S.A. 12-2001, Sixth, requesting an election upon the granting of a franchise must satisfy the requirements of K.S.A. 1976 Supp. 25-3601 et seq. as to form and sufficiency. *

A special assessment is a tax levied on property accord- ing to the benefits conferred on such property. The whole theory is that the tax burden to such property is offset by the enhanced value to that property caused by the beneficial improvement. Property incapable of re- ceiving benefits from an improvement cannot be specially assessed for such improvement.

Any county and certain cities of the second class may make a levy of not to exceed two mills for the purpose of establishing and maintaining an emergency medical service under K.S.A. 1976 Supp. 65-4301 et seq. Any such levy is exempt from the aggregate levylimitations of K.S.A. 1976 Supp. 79-5001 et seq., the "tax lid," but may not be made until first authorized by the voters of the county.

Any health systems agency operating within the state of Kansas pursuant to K.S.A. 1976 Supp. 65-4801 et seq. must initiate the formulation of its own criteria for the review of applications for certificates of need. Similarly, all health systems agencies in Kansas should conduct reviews of any application for certificate of need which is submitted to it, and make comments and recommendations on said applications to the Secretary of Health and Environment.

December 19, 1977 ATTORNEY GENERAL OPINION NO. 77- 395 Mr. John Dekker Director of Law The City of Wichita Department of Law City Hall - 13th Floor 455 North Main Wichita, Kansas 67202 RE: Charitable Organizations - Wichita Police Department Benefit Fund Association Synopsis: The…

The term "health care provider,' as found at K.S.A. 1976 Supp. 40-3401(f), and as amended by 1977 Senate Bill 295, includes both comprehensive and community mental health centers which are licensed by the Secre- tary of Social and Rehabilitation Services.

When a city deposits idle funds in a savings and loan association, interest earned on the account becomes a part thereof at the time said interest is credited, and at that time must be considered as a part of the account subject to the limitation that the amount of the investment shall not exceed the maximum amount for which the account is insured by the Federal Savings and Loan Insurance Corporation. * *

It is within the statutory home rule authority of a county under K.S.A. 1976 Supp. 19-101a to provide for the control and eradication of prairie dogs, and to adopt as applicable to the county the provisions which are now applicable to only certain townships, under K.S.A. 1976 Supp. 80-1202.

K.S.A. 72-8205 requires that "the vote of a majority of the full membership of the board" shall be required to constitute board action. Unless and until the stat- ute is construed more broadly by an appellate Kansas court, board action may not be taken except by such a vote, and an abstention should not be recorded and counted as acquiescence in the will of the majority voting upon an item of business. When a tie vote is cast, an abstention should not be regarded as a vote either for or against the question being passed upon.

Contracts which are entered into between two state agen- cies with the approval of the State Finance Council pursuant to K.S.A. 1976 Supp. 75-3711a are subject to the competitive bidding requirements of K.S.A. 1976 Supp. 75-3739.

Monies from the general fund of Kansas counties may lawfully be applied to support, either in whole or in part, as the legislature deems appropriate, the costs incurred by county treasurers for their role in the administration of state motor vehicle licensing laws.

December 15, 1977 ATTORNEY GENERAL OPINION NO. 77- 389 Mr. Dan E. Turner City Attorney 215 East Seventh Street Topeka, Kansas 66603 Re: Cities--Budgets--Board of Tax Appeals Synopsis: The State Board of Tax Appeals has no authority under K.S.A. 1976 Supp. 79-2939 to authorize an …

District coroners are state officers, whose fees, ex- penses and salaries are paid by the county. District coroners are thus "employees" as defined at K.S.A. 1976 Supp. 40-2302(c) respecting whom OASI withholding must be made. *

Payments to county and district attorneys pursuant to ch. 119, L. 1977, for representation of the state in criminal and post-conviction appeals from the district courts of the state should be regarded as salary rather than independent contractual payments, and are thus subject to withholding requirements for OASI and like purposes. *

If a city planning commission or a county planning board has not adopted subdivision regulations pursuant to K.S.A. 12-705 or K.S.A. 19-2918, a plat of a proposed subdivision within the area of the comprehensive plan is not required to be submitted to the planning com- mission or planning board for its review pursuant to K.S.A. 12-705b or K.S.A. 19-2918c. *

A county may provide for gravelling and grading of a road dedicated to public use by a plat filed respecting land which lies outside the limits of an incorporated city. *

Municipal employees who hold CETA-funded positions and who hold such positions for a period of one year are not exempt from membership in the Kansas Public Employ- ees Retirement System as "temporary" employees, and upon the completion of one year of service, become mem- bers of the System on the same basis as other city employees.