Kansas Attorney General Opinions

The Deweze Big Bale Bus is a trailer which has a haul- ing capacity in excess of 6,000 pounds and must be registered.

K.S.A. 1975 Supp. 74-4940 requires that the lump sum payment due thereunder be made only within a reasonable time. The making of the required lump sum payment within 19 calendar days of the completion of contractual obli- gations is made within a reasonable time. *

Unclaimed funds held by the clerk of the district court in actions which have been finally determined for more than two years are subject to escheat under K.S.A. 1975 Supp. 58-401 whereas monies held in pending action which have not been finally determined but in which no action has been taken are subject to escheat under K.S.A. 1975 Supp. 58-405.

The increased valuation of real property resulting from new improvements thereon may not be considered as a part of the value of new improvements which is required by K.S.A. 1975 Supp. 79-5006 to be considered separately in determining the additional aggregate levy authority and limitations permitted under that section. * *

A board of education is not required to charge tuition for students attending a school in its district while residing in another district.

Submission to the voters of a question for adoption of the modified mayor-council form of government authorized by 1976 Senate Bill No. 662 does not preclude submission of other questions at the same time providing for adop- tion of one or more of the seven alternative forms of government available to the City of Topeka.

Foreclosure and sale of real estate for delinquent taxes, interest and penalties are mandatory. Laws provide for proration to taxing districts where tax sale proceeds are less than the tax. There is a severe penalty statute prohibiting the release, dis- charge, remittance and commutation of taxes. *

Prior to the creation of a lateral, joint or main sewer district for the purpose of making preliminary plans, surveys and feasibility studies and the like, under the third paragraph of K.S.A. 19-2704 in a county declared an urban area, the notice by publication and mailing required by K.S.A. 1975 Supp. 19-2704a, as referenced in the last paragraph of K.S.A. 1975 Supp. 19-2704, must be given. *

A creditor petitioning for "Refusal of Letters of Administration" should be represented by an attorney.

A member of a nonprofit corporation organized to provide mental health and/or retardation services under K.S.A. 19-4007 is not prohibited by the Kansas general conflict of interest law from renting real property to said cor- poration for the operation of a mental health and/or retardation center thereon.

A member of a board of education of a unified school district is not legally ineligible thereby from seek- ing election to and serving in the office of county commissioner.

K.S.A. 17-4758 prohibits an employee of the Board of Public Utilities of the City of Kansas City, Kansas, from acquiring any interest in property included in an Urban Renewal Project in said city.

The use of the word "or" in a statute has usually been interpreted "disjunctive". When used in the "con- junctive" sense, the context must clearly indicate legislative intent that the words "and" and "or" be used interchangeably. Where "or" is used in the "alter- native sense", it is "disjunctive". K.S.A. 79-307a requires all cattle to be reported for taxation by one alternative or the other, and not both.

Meetings and votes of county planning boards are subject to the Kansas open meeting law, K.S.A. 1975 Supp. 75-4317 et seq.

The governing body of the City of DeSoto, Kansas, may in the operation of its municipal utility, legally contribute the electrical energy needed for municipal purposes and thereafter consider the costs of such contribution as one factor in their rate-making process. *

Assuming that IML Freight, Inc., still refrains from "doing business in this state", as defined by K.S.A. 17-7203, the corporation does not have to apply for authority to do business in Kansas.

The state may expend monies for the Arkansas City Flood Control Project and the Kansas State Fair Lake Talbott Project notwithstanding the provisions of Article 11, § 9 of the Kansas Constitution.

Upon vacation of a road, the county may dispose of the bridge by dismantling the same and salvaging the material therein, or may dispose of the bridge in the same manner as other property of the county, including conveyance to an adjacent landowner.

The enforced contribution to the state general fund of twenty percent of regulatory fees collected by a state agency to defray the indirect regulatory and enforcement costs of such agency does not compel the conclusion that such fees exceed the direct and indirect costs of such regulation, under Fidelity Investment Co. v. Hale, 212 Kan. 321, 510 P.2d 1236 (1973). Whether the general fund contribution of a particular agency so far exceeds the indirect costs incurred in behalf of such agency as to be improper can be determined only as a factual matter on an agency-by-agency basis.

In order to qualify for the exemption from license fees provided for in K.S.A. 32-104Z, an individual must be able to show that he is enrolled as an American Indian on a tribal membership roll.

Under K.S.A. 25-204, if offices to be filled by election are altered by legislation enacted and effective after April 2, 1976, the Secretary of State is authorized to prepare and mail to county election officers a supple- mental notice in writing, advising such election officers of the offices to be filled by election as a result of such legislation. However, the Secretary of State must comply with K.S.A. 25-204, to the extent practicable, and to this end, must as of that date prepare and mail the notification required by that statute, prepared in accor- dance with the laws in force at the tim

The Secretary of State is not required to prepare the notice required by K.S.A. 25-204 in any language other than English. It is the duty of the county election officer in any county determined by the United States Attorney General to be subject to section 203(c) of the Voting Rights Amendments of 1975 to assure that the noti- fication published in the jurisdiction of such officer complies with the multilingual requirements of the United States Attorney General. * *

A cause of action for collection of a delinquent installment must be instituted within five years of the time the delinquent installment first became due. An action commenced within the five- year period must include all delinquent install- ments arising prior to the time the action is instituted.

The exchange agreements which existed between the State Law Library as a department of the State Law Library and foreign jurisdictions at the time of the transfer (July 1, 1975) became the property of the Kansas Supreme Court Law Library and under the control of the Kansas Supreme Court Law Library. * Dear Mr. Brooks:

K.S.A. 1975 Supp. 65-185 empowers the Secretary of Health and Environment to establish "sanitation zones" and regulate the same in areas surrounding certain water impoundments except as excluded by statute. The exclusion from the operation of K.S.A. 1975 Supp. 65-185 provided for areas within incorporated cities does not apply as to improvement districts organized pursuant to K.S.A. 19-2753, et seq. *

Section 9 of 1976 House Bill 2666 authorizes an uncon- stitutional diversion of ad valorem taxes levied by affected political subdivisions on taxable tangible real property located in any redevelopment area, in violation of Article 11, § 5 of the Kansas Constitution, by divert- ing the proceeds of levies made by affected political subdivisions for city, school and county purposes to payment of principal of and interest on special obliga- tion bonds issued by the city to finance redevelopment projects undertaken pursuant to the act. * *

A driver of a vehicle which vehicle has a gross weight of more than 24,000 pounds must hold a Class B license or chauffeur's license in order to legally operate said vehicle. * *

K.S.A. 25-301, which prohibits independent nominations of presidential electors, does not unconstitutionally restrict ballot access by prospective candidates for nomination as presidential electors.

The proceeds of bonds issued under K.S.A. 10-201 may not be used for the purchase of road construction equipment which is not used solely or primarily for bridge construction and repair. *

Clearance lights and turn signals may be combined upon those vehicles described in K.S.A. 8-1709.

A condemnation action for property for a fire house for a county fire district organized under K.S.A. 19-3601 et seq. is one in which the county is legally interested, and the county attorney is not entitled to additional compensation for representation provided the fire district in such a case.

The Pooled Money Investment Board is lawfully empowered via K.S.A. 1975 Supp. 68-2311 to invest the moneys of the state freeway construction fund. Said statute is neither defective nor constitutionally infirm.

K.S.A. 12-1694(e) does not restrict the expenditure of proceeds of the transient guest tax levied thereunder to the support costs of convention and related promotion, but permits the city governing body in the exercise of its legislative judgment to determine upon the expendi- tures, including the funding of activities designed to attract visits to the city such as festivals and similar programs and entertainments, which are determined or anti- cipated to serve to enhance tourism and the attractiveness of the city toward that end.

Payment by a bank of the costs of armored car service provided by the depositor or by an independent carrier whose services are contracted by the depositor does not constitute "branch banking," prohibited by the Kan- sas banking code.

The statutory disqualification of K.S.A. 12-1601 does not preclude the law partners of a municipal judge from acting as attorney, counselor or adviser to parties in litigation or controversies adversely to the city in which the city has a direct or indirect interest. *

Section 1 of House Bill 3056, which prohibits arbitrary exclusion of "manufactured housing," undefined by the bill, by county planning and zoning authorities, effects no apparent change in existing law, under which any arbi- trary, capricious or unreasonable exercise of zoning power is prohibited. *

The liability of the Kansas City, Kansas, Housing Authority for negligence is unaffected by the recent decision of the Kansas Supreme Court in Brown v. Wichita State University, and the liability of the Authority remains as it was prior to that decision.

Members of the McPherson, Kansas, Board of Public Utilities are officers of the city, and are there- fore employees as that term is defined by K.S.A. 1975 Supp. 40-2302(c), for whom the city must make Social Security contributions.

An election by public employers other than the state and its agencies bringing the employer under the act is required before the provisions of K.S.A. Supp. 75-4333 apply. * *

Special facilities revenue bonds may be issued for the construction of manufacturing and warehousing facilities to be located on airport property pursuant to K.S.A. 3-154.

Fees collected by the Kansas Tripartite Committee for Evaluation of Continuing Educational Programs for the processing and evaluation of various pharmacy educa- tional programs are not exacted by the Board of Phar- macy pursuant to provisions of the Pharmacy Act and thus do not come within the purview of K.S.A. 1975 Supp. 74-1609. *

A law enforcement officer investigating a reported breach of the peace taking place nearby has the authority to command the assistance of a private citizen in guarding a prisoner in the officer's custody provided the officer has the intent at the time of the command to make an arrest if the report providing the officer's "probable cause" is confirmed by his immediate investigation.

The use of the word "or" in a statute has usually been interpreted "disjunctive". When used in the "con- junctive" sense, the context must clearly indicate legislative intent that the words "and" and "or" be used interchangeably. Where "or" is used in the "alter- native sense", it is "disjunctive". K.S.A. 79-307a requires all cattle to be reported for taxation by one alternative or the other, and not both. * * * Dear County Attorney McClintock:

In light of the factual background of this district, none of those teachers formerly employed by U.S.D. #391 and currently employed by U.S.D. #399 have been employed for the minimum two consecutive years, the minimum requisite for coverage under the due process procedure law. Those teachers who prior to July 1, 1974, were employed by former U.S.D. #399 and are still employed by that district are subject to the provisions of this law.

U.S.D. #321 may sell any unneeded school buildings or other school properties, at public or private sale for whatever consideration the board, in its judgment, determines is in the best interest of the school district to accept. The district may not donate unneeded school properties to the City of St. Marys. Finally, the school district is permitted to sell only those properties which are determined by the board to be unneeded by the district. Thus, the school district is prohibited from conveying school properties under conditions which reserve an active or current interest by the district in

A law enforcement agency has the authority to finger- print individuals violating a city ordinance and K.S.A. 21-2501 places a duty on law enforcement officers and not a limitation.

Loan Guaranty Certificates issued by the United States Veterans Administration meet the requirements of K.S.A. 1975 Supp. 75-4201(p). They may therefore be pledged as security for state bank accounts. *