Kansas Attorney General Opinions

May 11, 1977 ATTORNEY GENERAL OPINION NO. 77-154 Robert L. Garver, Chairman Board of Allen County Commissioners Allen County Courthouse Iola, Kansas 66749 RE: Taxation - Personal Property - Farm Implements - Tax Situs SYNOPSIS: Ordinarily, all personal property shall be listed an…

A municipality which consents to be included in an area- wide sewer district organized under K.S.A. 19-27,140 et seq. does not forfeit any lawful authority and juris- diction for the construction of sewer facilities, includ- ing interceptor sewers, within the territorial limits of said city. *

K.S.A. 1976 Supp. 12-1675 does not authorize the invest- ment of idle funds of a county in a credit union. *

The Governmental Ethics Commission has no jurisdiction under the Campaign Finance Act, K.S.A. 1976 Supp. 25- 4101 et seq. to entertain a complaint against any person other than a person to whom the Campaign Finance Act applies, and principles of criminal responsibility may not be relied upon to enlarge its administrative juris- diction to persons other than those upon whom the Act imposes duties and responsibilities.

Cities operating a fire department may issue their general obligation bonds to pay the cost of purchasing new motors and pumps for existing fire-fighting equip- ment pursuant to K.S.A. 1976 Supp. 12-110c. *

Because it is not authorized to approve applications for authority to award academic or honorary degrees by licensees under the Kansas Proprietary School Act, K.S.A. 72-4916 et seq., the Board of Education may not entertain applications from such parties and permit such applicants to commence a period of candidacy and evaluation therefor.

Under 1977 Substitute for House Bill 2325, a board of education may enter into an agreement with its profes- sional employees which incorporates provision for tax- sheltered annuities. *

Under K.S.A. 60-2311(a), an employee may not be dis- charged due to multiple garnishments received by the employer for not more than three debts. Venue for prosecution under that section lies in the county where the discharge was effected, and personnel of the em- ployer residing in other jurisdictions who initiated the decision may be prosecuted in any county in which venue is proper under K.S.A. 22-2607.

Board of commissioners of any city may issue general obligation bonds for the payment of improvements to public parks to include miniature railroad trains to be used for recreation. *

The 1976 amendments to K.S.A. 1976 Supp. 22-3428 makes no change in the duties of the chief medical officer regarding the release of persons committed to the state security hospital for safekeeping and treatment after acquittal of an alleged crime by reason of insanity, and the 1976 amendment does not constitute an ex post facto law as applied to any patient committed by reason of an act committed prior to the date such amendment became effective. *

A city may, in the exercise of its constitutional home rule powers under Article 12, § 5 of the Kansas Constitu- tion, exempt itself from K.S.A. 12-4101 through -4701, including K.S.A. 12-4104, and empower the municipal judge to issue search warrants.

Under K.S.A. 1976 Supp. 65-204, a county which made no levy for the county health fund for the year 1974 may make a levy for that purpose in a subsequent year without a vote of the people so long as the rate of the levy does not exceed that which was authorized by law in 1973 to be made for that purpose for 1974.

The position of city council member of a city of the third class is not incompatible with the position of administrator of a municipal hospital operated by a board of trustees appointed pursuant to K.S.A. 12-1615. *

Under certain circumstances an existing adult care home which proposes to expand its bed capacity, without engaging in additional building construction, must submit an application for certificate of need to a health systems agency. *

Under K.S.A. 12-1737, no election is required for the issuance of bonds for the construction of a vehicle maintenance facility, for under that section, an elec- tion is required for the issuance of bonds only for the construction of city offices, public libraries, auditoriums, and community or recreational buildings. *

K.S.A. 12-705b authorizes the City of Salina to require the platting of any area within a three-mile radius of the city limits prior to subdivision thereof, and the subdivision regulations of the city implement those statutory requirements. *

K.S.A. 1976 Supp. 79-1947 imposes no limit upon the levy which may be made under K.S.A. 12-1234 for the establishment and maintenance of a regional library which is established under K.S.A. 12-1231 et seq.

A municipal corporation or other political subdivision is not a "resident owner" who is legally entitled to sign a protest petition against an improvement under K.S.A. 12-602.

April 25, 1977 ATTORNEY GENERAL OPINION NO. 77-138 Mr. Michael F. McCurdy Crawford County Attorney Judicial Center, Fourth and Pine Pittsburg, Kansas 66762 RE: Reporting of certain physical or mental abuse of children. Synopsis: K.S.A. 1976 Supp. 38-717 requires that a teacher wh…

K.S.A. 8-286 requires that a person adjudged an habitual violator be deprived, for an indefinite period of time, of his or her privilege to drive on the public highways of the state. The privilege cannot be restored for three years, as provided in K.S.A. 8-288.

The levy authorized by K.S.A. 80-1903 may be used only for the operation and maintenance of a fire department which is created and operated by the township board which levies the tax, and may not be used for the pur- chase of fire protection services from other townships or township fire districts. *

April 27, 1977 ATTORNEY GENERAL OPINION NO. 77-1A Honorable Vern Miller District Attorney Sedgwick County Courthouse Wichita, Kansas 67203 RE: Criminal Code - Sentencing - Probation and sentencing for certain crimes involving use of firearms SYNOPSIS: K.S.A. 1976 Supp. 21-4618 re…

Under statutes amended by 1977 Senate Bill 154, the Sedgwick County Mental Retardation Governing Board is an eligible recipient of state financial assistance under the Kansas Community Mental Health and/or Com- munity Facility for the Mentally Retarded Assistance Act, K.S.A. 1976 Supp. 65-4401 et seq. as amended. Senate Bill 154 does not apply retroactively, however, and the first quarterly payment of funds to that Board under the 1977 legislation may not be made until July 1, 1977.

If, after the city has adopted subdivision regulations applicable to the area within the three-mile radius around said city, the county determines to adopt sub- division regulations applicable to that area, city regulations continue in force until the county certifies to the city its resolution designating that area for the adoption of subdivision regulations, and until, thereafter, regulations are adopted by the joint com- mittee for subdivision regulation appointed pursuant to K.S.A 12-705a, or a period of not exceeding six months has passed from the date of certification.

Counties may not exercise statutory home rule powers under K.S.A. 19-101a et seq. by resolution adopted jointly with one or more other counties. A county may not by resolution adopted pursuant to K.S.A. 19-101a(b) alter its statutory obligation to support a regional library fixed by K.S.A. 12-1234.

An infirmary of a religious order which falls within the definition of an adult care home must apply for a license from the Kansas State Department of Health and Environment.

April 19, 1977 ATTORNEY GENERAL OPINION NO. 77-130 Mr. Ray A. Neale City Attorney Municipal Building Coffeyville, Kansas 67337 Re: Cities--Officers--Disqualification Synopsis: Under K.S.A. 13-2903, a spouse of a city commissioner may serve as a dispatcher for the city police depa…

Under charter ordinance no. 16 of the City of Overland Park, a person appointed to fill a vacancy on the city council of that city serves until the next regular city election. Any person so appointed may stand for elec- tion at that time to complete the unexpired term, or may stand for election to serve a full term of four years in the other council position from that same ward. The precinct committee members within the ward have no authority to assign a candidate to seek the nomina- tion or election to any position which is to be filled at the regular city election.

Absent express statutory authority, a board of education has no authority to agree with a city to make voluntary payments to the city to defray the costs of a sewage treatment and disposal' facility constructed by the city with the proceeds of a bond issue approved under K.S.A. 12-630.

K.S.A. 1976 Supp. 82a-810a(a) prohibits operation of motor boat on any waters in this state with a motor or other propulsion machinery having a maximum horse- power capability beyond the maximum horsepower of the motor such vessel was designed or intended to accom- modate as reflected by the vessel's "capacity plate." Violations of said act are prosecutable under K.S.A. 1976 Supp. 82a-819(a). * *

K.S.A. 1976 Supp. 26a-121 provides that it is unlawful for a person not licensed under the Act to practice or offer to practice professional engineering in Kansas. Design of chemical process systems, if performed within this state by one not licensed by this state, violates the statute, regardless of the location of the plant facilities ultimately constructed. *

Any citizen, whether a resident of this state or of another state, is entitled to access to documents which are public records under K.S.A. 45-201. *

Contracts for construction of quarters for the Court of Appeals and for temporary quarters for my offices, both to be located in the Supreme Court building under construction, may not be negotiated with the present contractor or contractors employed on the project, but must be let by competitive bids.

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…

Section 4 of 1977 House Bill 2490 does not confer upon injured persons any right of action against the respon- sible tortfeasor which is in conflict with existing provisions of the Kansas Automobile Injury Reparations Act, K.S.A. 1976 Supp. 40-3101 et seq. *

It is within the constitutional power of the legislature to enact curative legislation, subsequent to the approval of a bond issue for county hospital purposes which is in excess of the statutory authority therefor, to enlarge such authority retroactively and validate bonds previously approved by the voters. The enactment of 1977 Senate Bill No. 459 will not deprive the plaintiffs in Thomas County Taxpayers Association v. Finney, Shawnee County District Court, no. 77-CV-0009, of the opportunity to pursue other issues which have been asserted in that litigation, or in any way deprive plaintiffs

The education requirements of K.S.A. 1976 Supp. 40-240a are not on their face arbitrary, capricious or unreason- able, so as to constitute an unconstitutional classifi- cation of agents to which such requirements apply. * *

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

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.

The Uniform Extradition Act is applicable to a seventeen (17) year-old arrested in Kansas on a warrant from another state based on the commission of a crime in the demanding state where seventeen (17) year-olds are considered adults.

A delay of 72 hours in the transmittal to the governor and secretary of state of the certificate of election by a district convention of a person to fill a vacancy in a public office within 4 days after said convention, rather than within 24 hours, as required by K.S.A. 1976 Supp. 25-3902(f) constitutes substantial compliance with that requirement, and does not void the election conducted at said convention, or require the calling of a new convention. *

Proceeds received by the city from the special city and county highway fund pursuant to K.S.A. 1976 Supp. 79-3425(c) may not be applied to the cost of electric current for the operation of street lighting systems, for such costs are not costs of street maintenance itself. *

Under K.S.A. 25-1709, a parent corporation which owns a subsidiary which falls within the class of corpora- tions prohibited from making contributions, but which itself does not carry on any of the businesses or exer- cise any of the privileges recited therein, is not prohibited from making political contributions by virtue of its stock ownership in such covered corporations. Similarly, a corporation which does not carry on any of such named businesses, or exercise any of the speci- fied privileges, is not prohibited from making contri- butions merely by ownership of its stock by a corpora- ti

County general revenue sharing monies and general fund monies may be expended by the Neosho County board of county commissioners for the reconstruction, rebuilding or restoration of the Old Austin Bridge for pedestrian and other limited traffic, notwithstanding the bridge is closed to motor vehicle traffic. The board is under no statutory obligation to vacate county roads leading to the bridge merely because it is not used for vehic- ular traffic, so long as the road is deemed useful and convenient for public travel.

Monies from a county road and bridge fund are devoted by law to the construction, reconstruction, improvement, repair and maintenance of roads and bridges, and ac- quisition of rights-of-way, and may not be applied to the construction, operation or maintenance of a county solid waste disposal area.

The board of county commissioners is authorized to deter- mine the number of persons to be employed in the offices of other county elected offices, to fix their compensa- tion, to prescribe the operating hours for such offices and their personnel, and to prescribe other conditions of employment, such as sick leave policies and rules concerning absenteeism. * *

The compensation prescribed by city ordinance to be paid to the city attorney, which includes both a monthly retainer and an hourly rate of compensation, is subject to withholding for Social Security benefits under K.S.A. 1976 Supp. 40-2302 et seq.

The county attorney may not receive any compensation from the county for prosecuting tax foreclosure actions in addition to that provided for by county resolution as the salary for said office. *

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. *

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. * *