Kansas Attorney General Opinions

The department of administration has authority to promulgate rules and regulations dealing with nepotism in state employment. The commission on governmental conduct and standards does not have such authority.

The property of a cooperative created pursuant to K.S.A. 1991 Supp. 72-8230 is not entitled to a property tax exemption under K.S.A. 79-201 First or K.S.A. 79-201a Second during the term of a lease purchase agreement.

Under the circumstances stated herein, municipal and district courts in Johnson county may sentence DUI offenders to a facility located in Wyandotte county. The mandatory imprisonment required by K.S.A. 1990 Supp. 8-1567, as amended, for second offenses may be partially served in a restrained environment such as the Kansas City weekend intervention program as long as the offender remains under the custody and control of law enforcement officials throughout the time the minimum sentence is being served.

1991 Senate Bill No. 479 neither increases nor decreases punishment for crimes committed prior to its enactment. It is not required that the bill contain a provision permitting retroactive application of its terms.

Article 7, section 4 of the Kansas constitution, standing alone, does not impose a mandatory duty on the counties or the state to provide assistance to Kansans who because of age, infirmity, or other misfortune cannot meet their own needs. It does, however, require the legislature to enact statutes which enable the counties to provide assistance. Once the legislature has enacted these statutes, the county has a duty to provide the prescribed assistance.

ROBERT T. STEPHAN ATTORNEY GENERAL February 4, 1992 ATTORNEY GENERAL OPINION NO. 92- 17 R. Douglas Sebelius Norton County Attorney 105 South Norton Street P.O. Box 10 Norton, Kansas 67654-0010 John F. McClymont Attorney for Norton County Hospital Board of Trustees Ryan, Walter an…

It is our opinion that K.S.A. 19-3621 allows consolidated fire district no. 2 to enter into a contract with Mission Fire Department, Inc. to provide volunteers to augment the paid staff of consolidated fire district no. 2. The method of payment for such a contract is not restricted by K.S.A. 19-3620.

The sheriff may terminate the employment of the current undersheriff without following the county's existing personnel policies and procedures. However, any termination of a deputy must be in compliance with whatever policies and procedures the county has established.

As used within the statute which sets qualifications for the position of secretary of Wildlife and Park, the term "education" refers, at a minimum, to some measure of instruction received at a school or college in wildlife, parks or natural resources or a related field. Cited herein: K.S.A. 1991 Supp. 32-801. * Dear Senator Frahm:

Practitioners licensed by the board of healing arts are exempt from K.S.A. 74-5801 et sec., regulating the fitting and dispensing of hearing aids, when they are providing treatment or fitting a hearing aid. The exemption does not apply if such practitioners are engaged in the sale of hearing aids.

The county attorney is not bound by the county's personnel policies and procedures, the county pay plan, or any applicable collective bargaining agreement as they apply to personnel actions. Furthermore, the county commissioners have authority to set the county attorney's budget. However, once they have set the budget, the county attorney can spend this money as he or she sees fit as long as it is within the amount allotted either generally or through a line item budget by the board of county commissioners.

Pursuant to L. 1992, ch. 265, §4, if a mortgage states that it is to secure an amount less than the total amount of principal debt or obligation, mortgage registration tax shall be based on the lesser amount. Intent of the parties, determined by a comprehensive review of the mortgage and the note as suggested in Attorney General Opinion No. 90-61, is no longer determinative of the amount upon which to base the tax.

In granting the department of social and rehabilitation services a claim against the estates and payable on death accounts of certain decedents who had received assistance, the legislature intended that the claims be enforced by existing provisions of the probate and civil codes and did not intend to grant the department independent authority to order payment.

ROBERT T. STEPHAN ATTORNEY GENERAL December 15, 1992 ATTORNEY GENERAL OPINION NO. 92- 155 The Honorable Dave Webb State Senator, Eleventh District 18601 Nall Stillwell, Kansas 66085 Re: Schools - -Miscellaneous Provisions--Dues Payments to Kansas Association of School Boards Auth…

ROBERT T. STEPHAN ATTORNEY GENERAL December 15, 1992 ATTORNEY GENERAL OPINION NO. 92- 154 Mr. Meredith Williams Executive Secretary Kansas Public Employees Retirement System Capitol Tower, Suite 200 400 S.W. 8th Avenue Topeka, Kansas 66603-3925 Re: State Boards, Commissions and A…

ROBERT T. STEPHAN ATTORNEY GENERAL December 15, 1992 ATTORNEY GENERAL OPINION NO. 92- 153 The Honorable Carol H. Sader State Representative, 22nd District 8612 Linden Drive Prairie Village, Kansas 66207 Re: State Departments; Public Officers and Employees -- Kansas Tort Claims Ac…

The Decatur board of county commissioners cannot buy a plow with money from the county general fund to give to the soil conservation district so that they can lease it to private individuals.

ROBERT T. STEPHAN ATTORNEY GENERAL December 15, 1992 ATTORNEY GENERAL OPINION NO. 92- 151 The Honorable Sandy Praeger State Representative, 44th District 3601 Quail Creek Court Lawrence, Kansas 66047 Re: Criminal Procedure -- Trials and Incidents Thereto -- Persons Acquitted Beca…

ROBERT T. STEPHAN ATTORNEY GENERAL December 3, 1992 ATTORNEY GENERAL OPINION NO. 92- 150 The Honorable Ron Todd Commissioner of Insurance Kansas Insurance Department 420 S.W. 9th Street Topeka, Kansas 66612-1678 Re: Corporations--Cooperative Societies--Bylaws and Regulations Insu…

The use of the word "shall" in a statute which specifies a set number of meetings per year is directory not mandatory if that statute does not provide consequences for non-compliance. Members of the advisory commission on health and environment should be compensated with subsistence allowances, and reimbursement for mileage and other actual and necessary expenses for attending commission meetings.

ROBERT T. STEPHAN ATTORNEY GENERAL November 30, 1992 ATTORNEY GENERAL OPINION NO. 92- 149 Nola Foulston Sedgwick County District Attorney County Courthouse 535 N. Main Wichita, Kansas 67203 Re: Public Records, Documents and Information -- Records Open to Public -- Inspection of R…

ROBERT T. STEPHAN ATTORNEY GENERAL November 25, 1992 ATTORNEY GENERAL OPINION NO. 92- 148 The Honorable Don Rezac State Representative, 61st District 12350 Ranch Rd. Emmett, Kansas 66422 The Honorable Bob Mead State Representative, 112th District 509 Houck P.O. Box 224 Pawnee Roc…

Upon being taken into custody for commission of an act which would be a misdemeanor or felony if committed by an adult, a juvenile may be detained for booking up to six hours in a jail or adult lock-up if there is sight and sound separation from adult prisoners. A juvenile taken into custody for commission of a traffic offense or violation of wildlife and parks statutes may be so detained as well.

County commissioners elected to positions created by an increase in the number of commissioner districts pursuant to K.S.A. 1991 Supp. 19-203(c), as amended by L. 1992, ch. 38, § 3, are to take office on the second Monday in January following their election.

ROBERT T. STEPHAN ATTORNEY GENERAL November 12, 1992 ATTORNEY GENERAL OPINION NO. 92- 145 Patrik W. Neustrom Saline County Counselor 300 W. Ash Salina, Kansas 67401 Re: Minors -- Kansas Juvenile Offenders Code; Detention in Jail -- Prohibition; Expense of Care and Custody of Juve…

Although county road signs would be beneficial in locating the address of the caller or person in need, we do not believe these signs sufficiently interact with the components of the emergency response system, and therefore may not be paid for from taxes levied pursuant to K.S.A. 12-5301 and 12-5304.

ROBERT T. STEPHAN ATTORNEY GENERAL November 10, 1992 ATTORNEY GENERAL OPINION NO. 92- 143 Stephen B. Plummer Sedgwick County Counselor Sedgwick County Courthouse 525 North Main Street, Suite 359 Wichita, Kansas 67203-3790 Re: Automobiles and Other Vehicles--Uniform Act Regulating…

K.S.A. 8-2010, as amended by L. 1992, ch. 141 requires designation of each emergency vehicle by only the county with primary jurisdiction over the vehicle.

ROBERT T. STEPHAN ATTORNEY GENERAL November 6, 1992 ATTORNEY GENERAL OPINION NO. 92-141 Meredith Williams Executive Secretary Kansas Public Employees Retirement System Capitol Tower, Suite 200 400 S.W. 8th Avenue Topeka, Kansas 66603-3925 Re: State Boards, Commissions and Authori…

K.S.A. 1991 Supp. 74-3266 requires primary care practice in the designated underserved areas of this state for osteopathic scholarship agreements entered into after June 30, 1988. We find no similar requirement for completing residency in a primary care specialty, but would encourage notifying students, prior to entering residency, of the primary care practice obligations. Cited herein: K.S.A. 1991 Supp. 74-3266; 76-374; 76-375; L. 1988, ch. 362, § 3.

K.S.A. 1991 Supp. 41-714(a)(2) attempts to prohibit retailers from advertising alcoholic liquor by means of billboards. However, the statute does not sufficiently inform retailers what conduct will subject them to penalties, and prohibits advertising by "billboard" in terms so vague that persons of common intelligence must necessarily guess at its meaning. In our opinion that provision is therefore violative of due process and unenforceable.

Based upon the facts presented, the doctrine of incompatibility of offices precludes a person from serving concurrently as assistant city treasurer for the city of Kansas City and as a member of the board of public utilities for Kansas City.

Upon receipt of notice of a death from other than natural causes, a coroner is required to take charge of a dead body within a period of time which is reasonable under the circumstances. The type of notice and the time frame for notifying the coroner should also be reasonable under the circumstances. Since a search warrant may be the preferable course of action in some situations, coroners are counseled to seek the advice of the district or county attorney in specific cases.

The provisions of the student publications act, L.1992, ch. 5, §§ 1, 2, 3, are not applicable to community colleges.

ROBERT T. STEPHAN ATTORNEY GENERAL October 27, 1992 ATTORNEY GENERAL OPINION NO. 92- 136 Douglas D. Depew Cherryvale City Attorney 620 Main Street P.O. Box 313 Neodesha, Kansas 66757 Re: Cities of Second Class; Commission Government-- Commission Form of Government--Abandonment of…

An ordinance increasing the penalty for certain crimes when the crimes are motivated by bigotry does not violate the first amendment to the United States constitution.

A board of county commissioners does not have the authority to place any greater eligibility criteria on county officials than is provided by statute or constitution. Term limitations would constitute an eligibility criterion and therefore may not be imposed by such a board.

ROBERT T. STEPHAN ATTORNEY GENERAL October 16, 1992 ATTORNEY GENERAL OPINION NO. 92- 133 The Honorable Gerald "Jerry" Karr State Senator, Seventeenth District R.R. #2, Box 101 Emporia, Kansas 66801 Re: Counties and County Officers--County Commissioners; Powers and Duties--Change …

ROBERT T. STEPHAN ATTORNEY GENERAL October 15, 1992 ATTORNEY GENERAL OPINION NO. 92- 132 Robert J. Watson City Attorney City Hall, 8500 Santa Fe Drive Overland Park, Kansas 66212 RE: Public Records, Documents and Information -- Records Open to Public -- Inspection of Records; Cer…

K.S.A. 1991 Supp. 74-4902 and 74-4932 clearly require that a person be employed in a position requiring 1,000 hours of work per year in order for that person to be considered an eligible employee under KPERS. If a person does not meet this qualification, the person may not participate in KPERS.

A county official charged with official misconduct cannot be reimbursed by the county for attorneys fees associated with the defense of those charges. If not charged with official misconduct, and if the crime charged was committed while discharging official duties in good faith or for the public benefit, the official may be reimbursed at the county's discretion.

ROBERT T. STEPHAN ATTORNEY GENERAL January 29, 1992 ATTORNEY GENERAL OPINION NO. 92-13 The Honorable Clyde D. Graeber State Representative, Forty-First District State Capitol, Room 502-S Topeka, Kansas 66612 Re: Taxation--Property Valuation, Equalizing Assessments, Appraisers and…

Failure of the county treasurer to follow the procedures in K.S.A. 79-5116 does not excuse payment of interest on delinquent motor vehicle taxes.

ROBERT T. STEPHAN ATTORNEY GENERAL October 14, 1992 ATTORNEY GENERAL OPINION NO. 92- 128 The Honorable Elizabeth Baker State Representative, Eighty-Second District 601 Honeybrook Lane Derby, Kansas 67037 Re: State Boards, Commissions and Authorities--Public Employees Retirement S…

Article 15, section 10 of the Kansas constitution does not preclude the legislature from amending K.S.A. 1991 Supp. 41-2646 to allow counties to consider a proposition to limit sales of liquor by the drink in public places to those places which obtain a temporary permit. K.S.A. 1991 Supp. 41-2642 would need to be amended as well, should the legislature choose to do this.

Non-profit commercial enterprises that meet the requirements of section 3 of the enterprise zone act are eligible for the sales tax exemption provided by K.S.A. 1991 Supp. 79-3606(ee), as amended.

ROBERT T. STEPHAN ATTORNEY GENERAL October 5, 1992 ATTORNEY GENERAL OPINION NO. 92- 125 The Honorable Kathleen Sebelius State Representative, Fifty-Sixth District 224 Greenwood Topeka, Kansas 66606 Re: State Boards, Commissions and Authorities--State Lottery; Kansas Lottery Act--…

In delegating power to an administrative agency, the legislature must set standards and guidelines limiting and directing the agency's exercise of power. Absent such standards, there is an unconstitutional delegation of power. The emergency medical services act, so far as it concerns regulation of ambulance services, sets forth sufficient standards.

Taxes collected for a recreation commission which certifies its budget to a school district should be disbursed by the school district to the recreation commission in a timely manner, normally within 30 days of receipt by the school district. The school district treasurer is to serve as ex officio treasurer to the recreation commission without additional compensation.

A register of deeds presented with a deed, other instrument transferring title to real estate or an affidavit of equitable interest in real estate that does not reflect an exemption listed in K.S.A. 1991 Supp. 79-1437e, as amended, may not insert the necessary language, or record the instrument unless it is accompanied by a real estate sales validation questionnaire.