Kansas Attorney General Opinions

Contractors holding contracts under the provisions of Title VI and Title VII of the Civil Rights Act of 1964, and Executive Order 11246 are exempt from the reporting re- quirements of the Kansas Act Against Discri- mination. * * *

The mandatory contract provisions required by the Kansas Acts Against Discrimination when the contracting agency is the state or any county or municipality or other political subdivision of the state, apply not only to construction, alter- ation or repair of public building contracts; but also to any contract for the acquisition of materials, equipment, supplies or services.

A policy adopted by a board of education of a unified school district which permits smoking of cigarettes on the premises of a junior high school by minor students is within the legal authority of the board, and does not aid and abet any person in the violation of Kansas law.

A city of the second class may by charter ordinance exempt itself from K.S.A. 14-201 and provide in lieu thereof substitute provisions authorizing the selection and appointment of city officers and employees by a two-thirds vote of the council.

K.S.A. 1975 Supp. 65-442(b) affords no basis whatever for an assured legal conclusion that members of grievance and peer review committees of either local or state pro- fessional associations of health-care providers are immune from liability for the performance of the duties of such committees.

K.S.A. 19-2820 authorizes the issuance of general obligations upon the passage of a resolution de- claring the intent of the board of county commis- sioners to acquire title to land for park and recreational purposes. It may be amended by charter ordinance to authorize a resolution declaring the intent of the board of county commissioners to devote land to park and recrea- tional purposes, title to which has previously been acquired.

In a city of the third class, it is permissible for a man to be appointed to the office of city clerk, and for his wife to be appointed city treasurer, so long as both are registered voters of the city. *

The City of Haysville may, under the provisions of K.S.A. 12-1736 and K.S.A. 12-1737, repair, remodel and make additions to city offices, public libra- ries, auditoriums, community or recreational buildings without first submitting the question to a vote of the electors.

Under Uhl v. Ness City, et al, decided by the federal district court, Kansas cities continue to have power to adopt and enforce mandatory solid waste collection programs, and to assess mandatory charges for services rendered in such programs.

If a recipient library has misspent all or any part of funds received as its 1975 grant-in-aid, the State Librarian is authorized to Withhold an amount equal to that determined to have been improperly expended from any subsequent grant-in-aid payment to which such reci- pient library is otherwise entitled.

K.S.A. 24-1209, Tenth, authorizes watershed districts organized under the Watershed District Act, K.S.A. 24-1201 et seq. to pay funds for membership in coopera- tive associations of watershed and drainage districts which are organized to further the purposes of member districts. *

Contracts for the improvement of an existing county jail to comply with standards promulgated by the Secretary of Corrections are not contracts for the erection of a county jail, and are not subject to the requirements of K.S.A. 19-214 and -215. *

The provisions of the Kansas' Liquor Control Act which provide for the determination of minimum liquor prices by the Alcoholic Beverage Control Board of Review, which cannot be characterized as fair trade legislation, were not affected by the recent amendment of the Sher- man Antitrust Act concerning fair trade laws.

January 19, 1976 ATTORNEY GENERAL OPINION NO. 76- 19 Gary L. Nafziger Jefferson County Attorney Jefferson County Courthouse Oskaloosa, Kansas 66066 RE: Counties -- Charter Resolution Petitions SYNOPSIS: A petition filed pursuant to K.S.A. 19-101b(c) to require an election on a pr…

Under the due process procedure set out at K.S.A. 1974 Supp. 72-5436 et seq., as amended by Chapter 373 of the 1975 Session Laws, both the justification for and order of discharge of faculty members subject to the protection, absent a bargaining agreement stipulating otherwise, is left entirely to the sound discretion or policy guidelines of the school board.

A motorized vehicle equipped with a 5 HP or less motor is treated as a motorcycle under Chapter 8, Article 1, and as a motor driven cycle under Chapter 8, Article 14 of the Kansas Statutes Annotated.

Board of trustees for county hospital established per K.S.A. 19-1801 et seq. is authorized to exercise control over the deposit and investment of unused or surplus bond proceeds, and any income earned therefrom must be applied to the hospital fund and expended as per the requirements of K.S.A. 10-131.

The amenability of a person under the age of eighteen (18) years to the Kansas Juvenile Code remains unaffected by the marriage of such person. * * Dear Mr. Winter:

January 14, 1976 ATTORNEY GENERAL OPINION NO. 76- 14 Mr. Dan E. Turner City Attorney Legal Department 215 East 7th Street Topeka, Kansas 66603 Re: Cities--Streets and Ways--Parking Synopsis: The state may, in the exercise of its plenary legis- lative power, restrict parking upon …

The examination costs charged by hospitals for the administration of blood alcohol tests in the investigation of a DWI case may be assessed as additional court costs. * *

Cemetery corporations engaged in the sale of land for the burial of other than dead human bodies are not sub- ject to the requirements of K.S.A. 17-1312a et seq.

License fees prescribed by paragraphs 3.3 and 3.4 of Ordinance No. 83 of the City of Lansing for mobile home park operators do not violate the equal protection clause of the United States Constitution or the Kansas Constitution. * *

A petition protesting a zoning amendment is sufficient under K.S.A. 12-708 if 1) it is signed and acknowledged by owners of twenty percent or more of the real property proposed to be rezoned; or 2) if it is signed and acknow- ledged by the owners of twenty percent or more of the total area located within two hundred feet of the area proposed to be rezoned, whether located within or without the corporate boundaries of the city, excluding public streets and ways.

Information assembled in the administration of the Kansas Employment Security law, K.S.A. 44-701 et seq., is confi- dential, but by law access thereto is permitted to any person who is a public employee, i.e., an employee of the State of Kansas, of any city incorporated under the laws of this state, or any employee of any county, township, school district, or other political subdivision, when engaged in and necessary for the performance of the public duties of such public employee. *

There is no constitutional or statutory prohibition against the execution of an agreement by a Kansas city whereby it agrees to satisfy claims by another party for damages resulting to the property of such other party from the operations, acts or omissions of the city. Payment of any obligation arising out of such an agreement must comply, however, with the Kansas cash-basis law.

Removal by a county commissioner from one commissioner district of the county to another commissioner district of the same county during the term of office does not result in a vacancy in said office. *

A county law library established under K.S.A. 19-1319 et seq. may not assess and collect user charges for use of a computer terminal and access to a data bank for legal research, for use of the library is required by K.S.A. 19-1320 to be "free of charge" to all eligible users. Use of funds of the library to purchase computer access time for one group of eligible users to the exclusion of all other eligible library users repre- sents an impermissible preferential expenditure of library funds for the benefit of less than all of its patrons. * *

K.S.A. 1975 Supp. 8-1911(a) . exempts certain equipment as to special permits when moved on highways under the authority of the Kansas Department of Transporta- tion or local authority, but requires a permit when moving said equipment at anytime from one-half hour after sunset to one-half hour before sunrise and does not allow said equipment to travel on interstate highways unless the vehicle carrying said equipment meets the regulations as to height, width, length, gross weight and axle weight which may be exceeded only under authorization of special permit issued subject to applicable regula

A city may, in the exercise of constitutional home rule powers, provide by ordinance for the levy of a merchants' or occupational tax, the proceeds of which may be deposited in a special fund and used for purposes specified in the authorizing ordinance. * *

An areawide regional health planning agency, as defined by K.S.A. 65-2a01, is not a 'state administrative agency and is not subject to the provisions of the Kansas open meeting law. It must include open meetings in its health planning functions, but the use of written ballots for Council votes is not prohibited. *

An elected county official may, in the performance of the duties of his or her office, publish required legal notices in any newspaper which meets the require- ments of K.S.A. 64-101 and any other statutory require- ments which may be specially applicable to particular notices, and is not restricted to a newspaper designated as the official county newspaper by formal action of the board of county commissioners. However, in the exercise of county home rule powers, the board of county commissioners might prohibit the expenditure of county funds for the publication of any legal notice in any news

A municipal ordinance requirement that a private club obtain a city license in order to serve alcoholic beverages after 12:,00 p.m., which license and fee therefor is in addition to the license and fee which cities are directed to require and assess under K.S.A. 41-2622 as amended by ch. 252, § 3, L. 1975, is prohibited by that section and K.S.A. 41-2631. * * *

School board or district rules, regulations or policy guidelines which exclude, prohibit or limit the right or capability of students who are married, pregnant or unwed parents to participate in non-academic or extracurricular school sponsored or related activities are violative of the Equal Protection Clause of the U.S. Constitution, and are, therefore, void and without force or effect. In the case of those rules affecting only pregnant women, their promulgation is prohibited specifically by 45 CFR 86.40, more popularly termed Title IX. *

The governing body of any city may not require the franchisee utility under K.S.A. 12-2001 to report gross receipts and pay to the city the amount due more frequently than once every six months.

The continued, gratuitous operation of a school bus by a private citizen or association does not violate the provisions of K.S.A. 72-8309 and thereby render the school district or its officials subject to criminal prosecution under K.S.A. 72-8314; however, such action does violate the restrictions imposed by K.S.A. 72-8313 on the operation of the school bus and potentially subjects the private individual or association to the imposition criminal sanctions under K.S.A. 72-8314, unless and until the vehicle is modified in accordance with K.S.A. 72-8313.

December 23, 1975 ATTORNEY GENERAL OPINION NO. 75-475 Mr. Don J. Knappenberger Assistant County Attorney Stafford County Courthouse St. John, Kansas 67576 Re: Uniform Commercial Code--Financing Statements--Duties of Filing Officer Synopsis: The register of deeds, as filing office…

A corporation which has filed a certificate of dissolu- tion several months, but less than a year, after the end of its tax period, for which full tax period an annual report has been duly filed and the franchise tax paid in full, has no duty under the Kansas general cor- poration code to file a further report, and has no further liability for payment of a franchise tax for the unreported period falling between the end of the fully reported tax period and the date of filing the certi- ficate of dissolution.

Property of the county, used for county fair purposes, may not be transferred to a private party for other than a public use, when such transfer is not supported by good and sufficient consideration. Title to such property is vested by K.S.A. 2-133, in the board of county commissioners, and approval by the board of directors appointed pursuant to that statute is not a lawful prerequisite for transfer of such property by the board of county commissioners. Consumption of alcoholic beverages on property of the county is prohibited, including such property occupied by a private lessee.

The treasurer of a system board, organized under K.S.A. 75-2548 et seq., is not subject to the bonding require- ment of treasurers of library boards organized under K.S.A. 12-1218 et seq. Terms of members of system board, including terms of persons appointed by the governor, must be prescribed by the state commission at the time of approving any petition filed under K.S.A. 75-2549, and there is no statutory limitation upon the number of successive terms any person may serve.

An area vocational-technical school is not defined as the same entity as a school district, and accordingly can not arrange with a city public building commission to lease or rent buildings maintained and operated pursuant to K.S.A. 1974 Supp. 12-1758. *

A corporation which is engaged in the sale or con- veyance of land for cemetery purposes subject to ch. 330, L. 1968, and which is cancelled as a corpora- tion organized under the Kansas general corporation code for failure to file a timely annual report under K.S.A. 17-1510, remains a business entity, whether an individual proprietorship, partnership or other firm, and as such constitutes a "corporation" as defined by K.S.A. 17-1312f which is subject to examination and auditing by the Secretary of State under K.S.A. 17-1312a, including the registration requirements thereof. *

Articles of incorporation must include information concerning the number of shares and par value of each set forth at K.S.A. 17-6002(4). * *

December 19, 1975 ATTORNEY GENERAL OPINION NO. 75- 466 Robert R. Raines Secretary of Corrections Department of Corrections KPL Tower Building 818 Kansas Avenue, Suite 500 Topeka, Kansas 66612 RE: Corrections, Department of -- Correctional Industries Account SYNOPSIS: K.S.A. 1974 …

A per mile rate of reimbursement of the parents of a non-resident student for mileage incurred to and from the point of entry into the school district is within the legal parameters of K.S.A. 72-8309. *

Undistributed earnings of banking corporation in which majority of stock is held by parent corporation should not be included in determining amount of franchise tax due from latter corporation.

The "feedlot" law passed in 1974 applies only to operators of commercial or private feedlots wherein "cattle of others" are held .for "final feeding", and provides a method of taxation which does not conflict with other provisions for assessment and taxation of other cattle and livestock. *