Kansas Attorney General Opinions

District judges, associate district judges and district magistrate judges may be assigned to hear and try any case within such assigned judge's jurisdiction by the appropriate departmental justice. The administrative judge may make such assignments when and as authorized to do so by the departmental justice.

Under K.S.A. 8-237, the holder of a restricted license may operate a motor vehicle at any time while going to or from or in connection with any job or employment, whether or not the driver receives compensation for such job or employment. * *

A district magistrate judge who is appointed to office or retained in office by a vote of the electors, but who is not elected thereto by a partisan election, is not an elected official who may elect whether to become a member of the Kansas public employees' retirement system. A judge who is elected to office, and there- after subject to retention, is an elected official only during the term to which he or she was elected, and not during any subsequent term for which such judge was not elected, but retained.

Associate district judges constitute judges who are entitled to the additional per annum compensation autho- rized by K.S.A. 1976 Supp. 43-169(a) for service as jury commissioners.

The Small Claims Procedure Act, K.S.A. 61-2701 et seq., does not prohibit a handicapped person who appears as a party in an action under that act from utilizing the assistance o some other individual in the presentation of the party's claim or defense in such an action, here such assistance is designed to permit the handicapped party to present his or her claim effectively despite speech, hearing or other impairments which would other- wise hinder or prevent such handicapped person from utilizing the small claims procedure act for the reso- lution of disputes.

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.

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. *

The provision of K.S.A. 61-2707(a) which forbids any party in an action under the small claims procedure act to be represented by counsel therein results in a denial of due process to the parties in any such proceeding before an associate district judge from and after January 10, 1977, unless and until provision is made for an appeal from such proceedings to a hearing de novo at which the parties may be represented by counsel.

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.

The parents of a child subject to the compulsory attendance law may not withdraw that child from a public or private school and hire a private tutor to handle the education of their child, for home instruction is not an excuse for nonattendance under the Kansas truancy act. * *

Change orders to contracts executed under the authority of K.S.A. 1975 Supp. 68-407 are subject to review by the Director of Purchases to determine whether such proposed change orders are within the scope of the ori- ginal contract, or are so substantial as to require the letting of a new and independent contract pursuant to statutory competitive bidding procedures.

An information request submitted pursuant to K.S.A. 1975 Supp. 84-9-407(2) may request information regarding a particular financing statement available on the date the request is received by the filing officer, or an earlier date specified in the information request it- self.

A county may not in the exercise of its county home rule powers under K.S.A. 19-101a exempt itself from regulations of the State Forestry, Fish and Game Com- mission establishing open seasons for the hunting, taking and killing of fur-bearing animals.

K.S.A. 19-4320(c) does not prohibit the addition of names to an existing eligible list prior to depletion of the list. *

The City of Fort Scott, Kansas, has general municipal jurisdiction over the property on which has been constructed a water storage reservoir and dam, and may exercise its police jurisdiction there so as to preserve the public peace and order. *

Venue for the prosecution of the offense of intentional failure to file any report required by the Campaign Finance Act, K.S.A. 25-4101 et seq., to be filed with the Commisison or with the Secretary of State lies only in Shawnee County, and accordingly, the district attor- ney of Shawnee County is the appropriate district at- torney to be notified of any such violations pursuant to K.S.A. 1975 Supp. 25-4125. * *

A municipality which grants a franchise to a public utility, a gas company, which is subject to the regu- lations of the State Corporation Commission may not reserve to itself the unlimited right to require the company to make repairs to its lines in such city. Any provision whereby the fixed charge required by K.S.A. 12-2001, Fifth, may be amended during the term of the franchise or any extension thereof without opportunity for submission to the voters in accordance with K.S.A. 12-2001, Sixth, is void and unenforceable. Acceptance, either formal or implied, is necessary to render a franchise

K.A.R. 48-3-2 which permits attorneys at law who are admitted in other jurisdictions to appear in admini- strative proceedings before the Division of Employ- ment Security does not relieve such attorneys from the requirement of K.S.A. 7-104 that they associate for that purpose with local counsel. * *

Requirement to appoint board of hospital trustees is not mandatory but directory. Board of county commissioners having entered into agreement with a corporation pursuant to K.S.A. 19-1846 for the operation and maintenance of hospital need not ap- point new board of trustees.

A regulation of a unified school district which requires that a student be enrolled in a minimum of five hours per day is not prima facie discriminatory, and purely as a matter of law, the rule is not beyond the authority of the board in the exercise of its general administrative power to adopt reasonable rules and regulations for the governance of the school.

December 16, 1976 ATTORNEY GENERAL OPINION NO. 76- 370 The Honorable Ben Foster State Representative 920 Olive W. Garvey Building 200 West Douglas Wichita, Kansas 67202 Re: Banks--Bank-holding Companies--Interstate Commerce Synopsis: In the event a Kansas corporation acquired con…

K.S.A. 16a-3-305 prohibits all wage assignments made in connection with a consumer credit transaction. Wage assignments granted apart from such transactions are not prohibited, nor are such assignments statutorily required to be revocable. A wage assignment is a transfer of interest or right to a specified amount of an individual's regular, periodic compensation arising from an employment relationship. A "deduction" from compensation for purposes of K.S.A. 16a-3-305 is any lawful subtraction from a person's salary which is not otherwise a wage assignment and over which the employee retains the

A foreign limited partnership which has no activity in this state other than holding title to nonoperat- ing working interests in oil and gas producing pro- perties is not doing business as that term is used in K.S.A. 1975 Supp. 56-123b, and is not required to obtain authority to do business in this state as a foreign limited partnership for that activity.

Under Kansas law, a city may annex property only by action of the governing body, and there is no provision for submitting the question of annexation to a legally binding election by the voters of the city. An election which is purely advisory may be called and held on proposed annexation, although such an election is of no legal force and effect and is not binding upon the governing body.

Members of the board of directors of an irrigation dis- trict who are elected as provided by K.S.A. 42-702 are not elected at an election which is conducted by a county election officer. The recall provisions of sec- tions 18 through 31 of ch. 178, L. 1976, apply only to elected public officials who are provided by law to be elected at an election conducted by one or more county election officers. Thus, members of the board of di- rectors of an irrigation district elected as provided in K.S.A. 42-702 are not subject to recall pursuant to §§ 18-31, ch. 178, L. 1976. *

December 14, 1976 ATTORNEY GENERAL OPINION NO. 76- 365 Mr. James J. Smith Attorney at Law 610 Bridge Humboldt, Kansas 66748 Re: Counties--Mental Health Centers--Withdrawal by County Synopsis: The right of a county to withdraw from an agreement establishing a multi-county center p…

K.S.A. 12-705b contains no requirement that plats be approved by the city governing body prior to fil- ing with the register of deeds. *

December 13, 1976 ATTORNEY GENERAL OPINION NO. 76-363 Mr. David M. Jancich Assistant City Attorney City of Overland Park, City Hall 8500 Santa Fe Drive Overland Park, Kansas 66212 RE: Housing Law--Cities--Municipal Housing Law-- Commissioners--Incompatibility of Office Synopsis: …

December 13, 1976 ATTORNEY GENERAL OPINION NO. 76-362 Mr. Douglas W. Flatt Board of Technical Professions 6111 S.W. 29th Street Topeka, Kansas 66614 RE: Corporations--Professional Corporations--Directors, Officers and Stockholders--Engineers, Architects and Land Surveyors Synopsi…

December 9, 1976 ATTORNEY GENERAL OPINION NO. 76-361 Mr. Howard Blanchard, Chairman Board of Technical Professions c/o Blanchard Vanderweide & Fillmore, Architects P.O. Box 814 802 East Hazel Street Garden City, Kansas 67846 RE: Board of Technical Professions--Practice of Land Su…

A proposition for the establishment of an airport under K.S.A. 3-309 may be submitted at any "general election" as that term is defined by K.S.A. 25-2502. * *.

A professional corporation organized pursuant to the Kansas Professional Corporation Act, K.S.A. 17-2701 et seq. is not eligible to hold the office of city attorney of a Kansas city.

A motor vehicle service contract, offered by regis- tered Kansas motor vehicle dealers to purchasers of motor vehicles, providing for the repair or replace- ment of specified mechanical breakdowns, or reim- bursement therefor, and for payment or reimbursement of towing charges and car rental use incidental to such breakdowns, does not constitute a contract of insurance subject to the Kansas insurance code. *

Ordinance providing for the creation of "Mayor's Police" in the City of Topeka is a valid exercise of the legislative power of the city, and does not conflict with K.S.A. 13-2006. * *

Board of county commissioners may authorize the in- vestment of "idle funds" in . certificates of deposit which are purchased in its name and also authorize the county treasurer to purchase additional certifi- cates of deposit in his or her name and official capacity all pursuant to K.S.A. 12-1675.

The decision of the Board of Supervisors of Panels to Aid Indigent Defendants regarding the amount of com- pensation to which an attorney is entitled to for ser- vices provided to an indigent defendant or movant for post conviction relief after appointment by the dis- trict court is final, and binding upon counsel and the court which appointed counsel, and no payment of com- pensation in excess of that approved by such Board from any fund other than the "aid to indigent defendants fund" is authorized by law.

A proposed contract for purchase of solid waste equip- ment which creates no actionable indebtedness against the county does not violate the cash-basis law. Solid waste service charges assessed under K.S.A. 1975 Supp. 65-3410 do not constitute ad valorem taxes which are subject to the aggregate limitations of K.S.A. 1975 Supp. 79-5001 et seq. * *

A county attorney has no authority by virtue of his office to prosecute violations of city ordinances.

A person who has been adjudged a delinquent, miscre- ant or wayward as a child is not ineligible thereby to hold public office in the State of Kansas.

K.S.A. 1975 Supp. 79-5012 does not authorize the sub- mission to the voters of a question to suspend the aggregate tax limitations of K.S.A. 1975 Supp. 79-5001 et seq. for a specified and particular levy.

Under the statutory authority of K.S.A. 65-3410(a)(4) counties and cities may collect delinquent fees or charges for solid waste collection in the same manner as ordinary county ad valorem property taxes are collected. Such delinquent fees shall constitute assessments against respective parcels of land and are a lien on the property for the amount of such delinquent fees.

The cost of medical treatment provided a prisoner after he is placed under confinement by a sheriff shall be borne by the county when the prisoner is indigent and unable to pay the cost thereof. *

The Kansas industrial revenue bond act does not autho- rize cities which issue bonds thereunder to exercise the power of eminent domain to acquire sites for facili- ties which are financed by the proceeds of industrial revenue bonds.

Fourteenth Amendment to United States Constitution prohibits classification premised solely on alienage without reasonable basis therefor. Citizenship re- quirement in K.S.A. 47-824 is constitutionally im- permissible. *

In order to be effective, a resignation from public office must be made with the intention of relinquishing the office, and it is not effective until it has been accepted by the proper authorities, or until they have done some act equivalent to acceptance. Acceptance is not necessary, however, to effectuate a resignation from a position of employment, as distinguished from an office.

A county mental retardation governing board which does not itself operate a community facility for the men- tally retarded, but which provides mental retardation services only through grants to and contracts with independent nonprofit organizations and facilities is not itself an eligible grantee under the Kansas Community Mental Health and/or Community Facility for the Mentally Retarded Assistance Act.

Unclaimed moneys deposited with the county treasurer pursuant to K.S.A. 1975 Supp. 59-1508 should be held in the custody of such treasurer for a period of ten years. At the end of that. period, all undistributed unclaimed moneys should be remitted to the state treasurer pursuant to K.S.A. 20-2801.