Kansas Attorney General Opinions

K.S.A. 21-3515 does not require an actual exchange of consideration between the parties as an element of the offense of patronizing a prostitute. Under K.S.A. 21-3515, a prostitute includes any person who agrees to perform an act of sexual intercourse or any unlawful sexual act for hire, and any person who sol- icits and obtains such agreement from another, in- cluding a police officer acting in an official under- cover capacity, is liable to prosecution for patron- izing a prostitute. Under the Kansas Criminal Code, oral copulation between consenting adults of the opposite sex is not an unlaw

The Board of Accountancy may not extend the period re- quired for the submission of additional education or experience except for those specifically excepted under K.A.R. 74-3-3. *

It is within the statutory home rule powers of a board of county commissioners to adopt and enforce a resolu- tion prohibiting county officers from employing persons in their respective offices who are related to such office holders by specified degrees of relationship. *

If the city manager plan authorized by K.S.A. 12-1001 through -1020 is abandoned, such abandonment is effec- tive upon the date of approval thereof by the voters, pursuant to K.S.A. 1976 Supp. 12-1019. Abandonment of the city manager form of government by a city op- erating under a council form of government is effective sixty days after approval thereof by the voters. *

The legislature is without authority to reduce the territory liable for payment of the principal and in- terest requirements of general obligation bonds of such territory once such bonds have been issued and sold.

March 29, 1977 ATTORNEY GENERAL OPINION NO. 77- 107 Mr. George E. Grist, P.A. City Attorney Suite 408-Bitting Building 107 North Market Wichita, Kansas 67202 Re: Cities and Municipalities--Commencement of Prosecution and Arrest--Complainant Synopsis: Any citizen alleging the comm…

The holder of cereal malt beverage license, which does not also possess a private club license issued by the director of alcoholic beverage control, is precluded from operating the business as a private club since the Cereal Malt Beverage Act requires that such place be accessible to the general public.

March 21, 1977 ATTORNEY GENERAL OPINION NO. 77-1 24 Delma Walcher Register of Deeds Sumner County Courthouse Wellington, Kansas 67152 RE: Taxation - Mortgage Registration Fees - Assignment of Purchase Contract Rights SYNOPSIS: X sells his land to Y under an executory long term pu…

March 21, 1977 ATTORNEY GENERAL OPINION NO. 77-103 Mr. Laurel D. McClellan Wilson County Attorney 430 North Seventh Street Fredonia, Kansas 66736 RE: Taxation - Mortgage Registration Tax - Exemption SYNOPSIS: The mortgage registration fee is a tax upon the debt or obligation secu…

A leasehold interest constitutes real estate within the meaning of K.S.A. 17-550 (1976 Supp.). However, where improvements on the leased land remain personalty, a security interest therein must be perfected by a security agreement and financing statement, rather than by the real estate mortgage which embodies the security interest in the leasehold estate.

The holder of a retail liquor license, who obtained the license for a particular premises prior to the estab- lishment of a school, college or church within two- hundred (200) feet of the business, may remodel the building in which the business is located or destroy the old building and construct a new structure without losing its status as a premises eligible for retail licensing.

March 17, 1977 ATTORNEY GENERAL OPINION NO. 77- 99 Mr. Devon Knoll Director Kansas Adult Authority 818 Kansas Avenue Topeka, Kansas RE: Criminal Procedure - Release Procedures - Parole Eligibility SYNOPSIS: Under former K.S.A. 1971 Supp. 22-3717, an offender less than 21 years of…

Special assessments levied by special operating cost assessment districts authorized by K.S.A. 1976 Supp. 72-8213a are not genuine special assessments which are exempt from Article 11, § 1 of the Kansas Constitution, but are general taxes of the school district in which said special operating cost assessment district is created. The imposition of such so-called special assessments results in an unequal rate of taxation within the taxing district, in violation of that con stitutional problem. *

A city which purchases liability insurance under K.S.A. 74-4716 for its officers and employees, but not for the city itself, does not waive its governmental immu- nity for liability. If the city does purchase such insurance, and allows it to expire by cancellation, lapse of policy, or otherwise, the governmental immunity is restored by operation of law, for said immunity was waived only to the extent of the insurance which said city purchased, and only for the duration of said cover- age. *

The requirement of K.S.A. 1976 Supp. 65-6a31 that custom products be marked "not for sale" does not apply to product slaughtered in an inspected slaughterhouse and processed in a retail store for the use of the owner of said carcass and meat product resulting therefrom.

All property, real or tangible personal property, actually and regularly used for hospital purposes, is exempt, both under Article 11, Section 1 of the Kansas Constitution' and. K.S.A. 1975 Supp. 79-201(b). It is the exclusive use for an exempt purpose that counts, not ownership. *

A contract providing for trade-in allowance, payment of interest, and payment of purchase price of leased property in 36 monthly installments is a lease-purchase agreement which is prohibited by the cash-basis law, K.S.A. 10-1113.

Judges pro tern of Sedgwick County Court of Common Pleas, Probate Court and Juvenile Court during the period of 1974 through 1976 were officers of the respective courts in which they served, receiving compensation therefor from Sedgwick County, and the county is responsible for any withholding of Social Security contributions which may be due on payments made to said judges for their services. *

An enactment which adopted by reference the average interest rate on all new Federal Land Bank loans over the most recent five calendar years as the capitaliza- tion rate for implementation of the use-value constitu- tional amendment respecting agricultural land does not constitute an impermissible delegation of legislative power. *

A "qualified voter" in an election for members of the board of directors of a watershed district organized under K.S.A. 24-1201 et seq. is any qualified elector of the district, i.e., any r e gistered voter of the district, and any person eighteen years of age or over who owns land within the district, whether a registered voter or a resident of the district.

A marshal of a city of the third class has no authority to appoint deputy marshals of such city. Re: Counties--Sheriffs--Deputies Synopsis: K.S.A. 19-805a authorizes the appointment of special deputies only in counties with a population in excess of 100,000, and persons appointed under the authority of this section may receive no payment for services rendered from public funds.

Use of a flat monthly allowance for official travel, based upon travel patterns, past experience, and the like is permissible under K.S.A. 22a-105, as an alterna- tive to maintenance of a daily travel log. * *

Budgeting procedures of watershed districts are not subject to the tax lid requirements of K.S.A. 1976 Supp. 79-5001 et seq.

Proposed Rule 18, being considered for adoption by the Joint Committee on Special Claims against the State, regulating the compensation paid by claimants to at- torneys and other persons representing such claimants before the Committee, goes beyond the authority of the Committee to adopt rules governing its own procedures. Any such regulatory authority must be exercised by valid and constitutional legislative enactment rather than by committee rules which govern only the parliamentary and procedural conduct of business before the Committee.

The fact that a county has initiated countywide ambu- lance service pursuant to K.S.A. 19-261 does not prevent a city in said county from thereafter commencing its own ambulance service and claiming the right to reim- bursement from the county as provided in the cited section. *

Under the 1976 amendment to K.S.A. 20-904, the court reporter's fee of one dollar and fifty cents provided by that statute is to be assessed against the docket fee which is paid for the filing of actions under the Kansas Code of Civil Procedure, i.e., civil actions, and is not required to be assessed against docket fees which are assessed and collected in criminal actions pursuant to K.S.A. 1976 Supp. 28-172a. *

K.S.A. 12-4301 does not authorize a municipal court to accept a motor vehicle operator's license issued by any state other than Kansas to secure the appearance of an accused person before such court.

A proposed plan whereby a school district would create a trust fund of a maximum stated balance consisting of monies currently expended for group insurance pre- miums and maintaining said fund balance by replenishing the trust in amounts equal to the claims drawn by group participants, thus becoming self-insured, is not autho- rized by K.S.A. 72-8414.

The local public library established by the City of Haysville, upon the approval of the voters of that city at an election held on the question in November, 1976, is not ineligible for a state grant-in-aid by virtue of the lack of a local ad valorem levy for said library during the preceding year.

A township has no authority to join together with an- other township for the joint maintenance of a township hall which is located in another county, except when two or more adjoining townships in a single county erect a hall for their joint use and benefit under K.S.A. 80-107. *

Kansas Administrative Regulation 69-4-8 provides that a student who has missed over 240 hours of instruction due to extenuating circumstances may be readmitted to the school upon proper application and reregistration. Said student may receive credit for two-thirds of the hours earned prior to such interruption of training.

The use of "time out" rooms for children and adolescent patients at the University of Kansas Medical Center constitutes the use of "seclusion" within the meaning of K.S.A 1976 Supp. 59-2928. Certain items, such as firearms, other weapons, medication, incendiary mate- rials and the like constitute such demonstrably haz- ardous materials that they may be withheld from the personal possessions of a patient in a treatment facil- ity without a specific finding of "good cause" in each separate instance, upon the adoption of an appropriate regulation describing such items.

K.S.A. 1976 Supp. 20-350(c) authorizes the investment of idle funds, i.e., moneys on deposit in the district court account which are not immediately required for the purposes for which the moneys were collected, only in time deposit, open accounts and certificates of deposit. Deposit of such moneys in savings accounts, including passbook savings accounts, is not authorized by law. *

A county board of commissioners may by charter reso- lution provide for the appointment of more than five trustees for a county hospital established and operated pursuant to K.S.A. 19-1801, et seq. *

There is no statutory requirement that purchase orders, requisitions and warrant registers be executed by two members of the board of county commissioners, so long as the warrants and warrant checks themselves are exe- cuted as required by K.S.A. 10-803.

March 7, 1977 ATTORNEY GENERAL OPINION NO. 77- 75 Mr. John E. Caton Turfman, Brainerd, Harris, Weigand & Depew Suite 830 First National Bank Building Wichita, Kansas 67202 Re: Cities--Home Rule--Bonded Indebtedness Synopsis: Under Article 12, § 5 of the Kansas Constitution, a Kan…

K.S.A. 58-320 requires the destruction of records enu- merated therein by burning thereof in the presence of the county commissioners, and there appears no basis upon which to sanction any Other method of destruction as an officially permissible practice.

March 4, 1977 ATTORNEY GENERAL OPINION NO. 77- 73 The Honorable Patrick J. Hurley Majority Leader of the House House of Representatives 3rd Floor - State Capitol Building Topeka, Kansas 66612 Re: Constitution--Amendments--Referendum Elections Synopsis: House Concurrent Resolution…

March 4, 1977 ATTORNEY GENERAL OPINION NO. 77- 70 Mr. Nick A. Tomasic District Attorney 710 North Seventh Street Kansas City, Kansas 66101 RE: Taxation - Motor Vehicles - Leased Vehicles SYNOPSIS: The owner of a motor vehicle is the one who holds legal title to the vehicle, excep…

As part of the Kansas State Library, the Division for the Blind and Physically Handicapped need not release to other state agencies any information contained on application forms submitted by visually handicapped persons who desire to participate in specialized pro- grams.

A city which did not elect to be excluded from the county plan in 1974, and which did not submit a separate solid waste management plan to the Secretary of Health and Environment for approval in 1974, has no authority to establish a solid waste disposal area which does not conform to the county plan, and no permit may be issued for such a facility by the Secretary so long as said disposal area is proposed to be operated by a city or cities in disregard of the county plan in which such cities are included.

A rule proposed for adoption by the Joint Committee on Special Claims restricting compensation which a claimant may pay to an attorney retained to represent the claimant before the committee is unnecessary, for such contingent fee agreement is already prohibited by K.S.A. 1976 Supp. 46-267.

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.

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

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…

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.