Kansas Attorney General Opinions

Board of Pharmacy has acted within its statutory authority to hold informal hearings, to issue guidelines and to approve unit dose drug distribution systems.

Interest earned on county funds which are invested in investments specifically enumerated in K.S.A. 1974 Supp. 12-1675 as amended must be credited to the general fund. Interest earned on county funds invested in investments not specifically enumerated in K.S.A. 1974 Supp. 12-1675 as amended, but which are made pursuant to supplemental authority provided by county resolution, may be credited to any fund as provided by county resolution, which need not be a charter resolution.

The Kansas City, Kansas Junior College board of trustees may appoint a president or chief adminis- trative officer for a fixed term exceeding one year at a specified annual compensation without violating the Kansas Cash-Basis Law.

Under K.S.A. 19-212e, the county may not pay premiums for group hospital, surgical and/or medical expense insurance contracts for county officers and employees in an amount which for each employee exceeds the cost of a single person's premium. * *

December 15, 1975 ATTORNEY GENERAL OPINION NO. 75-456 Mr. Thomas M. Tuggle Assistant City Attorney People's Savings & Loan Building Suite A - Post Office Box 277 Concordia, Kansas 66901 Re: Municipal Courts--Procedure--Contempt Synopsis: If a nonindigent person who is convicted o…

Interpretation of phrase "adjudged incapacitated person" contained within K.S.A. 23-120 refers to the conditions contained within K.S.A. 77-201(31) and K.S.A. 59-3002(1) as so determined to exist pursuant to the provisions of K.S.A. 1974 Supp. 59-3001 et seq.

A county and cities therein may utilize the proce- dures of K.S.A. 1974 Supp. 12-3901 et seq. to pro- vide for the consolidation of law enforcement services provided by such county and cities therein, without the necessity of further authorizing legislation. *

Execution of a memorandum of agreement which prescribes the rates of wages and salaries to be paid as compen- sation to officers and employees of the city police department does not in and of itself create any indebt- edness against the City, and hence gives rise to no question whether the agreement itself complies with the Kansas cash-basis law. *

The assistance provided by family planning centers is available only to that class of individuals identified in K.S.A. 23-501 which does not include individuals under eighteen years of age.,

The provisions of benefit eligibility which con- clusively presume that women are not able nor avail- able to work during the 120 day period because of pregnancy and childbirth are constitutionally impermissible.

December 4, 1975 ATTORNEY GENERAL OPINION NO. 75- 447 Mr. John E. Fierro County Attorney Ford County Courthouse Dodge City, Kansas 67801 RE: K.S.A. 79-3101 et seq. Synopsis: A mortgage registration fee is a tax and no tax may be levied against a U.S. government agency. But where …

The offices of city treasurer and city clerk of cities of the third class are incompatible as a matter of law, and the person holding one such office may not at the same time hold the other of such offices.

Upon approval of the extension of an existing water- shed district organized under K.S.A. 24-1201 et seq., provision for payment of the costs of the petition and election approving such extension should be made by the board of directors of the watershed district which has been extended, and not by the steering committee or board of directors organized to accom- plish the extension itself, the latter group having no further formal legal authority once the extension is approved.

A person who is a resident owner, manager or operator of farm or ranch lands of eighty acres or more does not cease to be a "resident owner or tenant of farm lands" as that phrase is defined at ch. 227, § 1, L. 1975, merely because there is located on said land a commercial livestock feeding operation.

Notwithstanding the provisions of K.S.A. 17-2706, psychologists are permitted under the general cor- poration code of this state to incorporate as a professional corporation for the practice of psychology.

The maintenance of a checking account with a limited balance, and provision for transfer of funds thereto from a savings account for payment of checks presented therefor, pursuant to an agreement between a city and its depository bank, violates no Kansas law regarding the holding and management of municipal funds.

The payment of an indebtedness incurred for legal services retained by and rendered to a municipality for representation of the City as a party defendant in civil litigation is subject to the Kansas cash- basis law, and any such indebtedness incurred in excess of funds on hand and available for payment thereof is in violation of the cash basis law and is void. * Dear Mr. Elliott:

All public utility property, of every nature, real or personal, is listed and valued as real estate on a system-wide or unit basis, and the valuation is then apportioned to each county. In bankruptcy of a utility, then, the collection procedures to be used are those pertaining to the foreclosure of taxes on real estate, plus following the provisions of the Bankruptcy Act where applicable. * * *

The board of trustees of a community junior college may appoint a person as treasurer other than from among its own membership.

Creation of an improvement district pursuant to K.S.A. 19-2753, et seq., must be done in strict compliance with statutory requirements. *

Mortgage Registration fees may be collected but once on a single indebtedness: The Register of Deeds must require the statutory affidavit to be filed, and has the right to inspect such additional instruments as may be necessary to establish to his or her satis- faction the full amount of consideration secured by a mortgage in order to assess the proper fee. Such additional instruments need not be filed or recorded. *

It is the duty of the Sedgwick County Election Commissioner to conduct an election required by ordinance of the City of Wichita for election of members of Neighborhood Councils in January, 1976, and the direct costs of such election must be reimbursed to the board of county commissioners by the city if the voters in the county are not entitled to vote in one or another election held on that date, said liability being governed by K.S.A. 25-2201. *

Under K.S.A. 13-2903, relatives by blood or marriage of the mayor or any commissioner are disqualified from holding any city office, but are not disqualified from holding positions of city employment.

The specific terms of K.S.A. 75-4202 do not manifest legislative intent of requiring banks servicing state active bank accounts to provide without charge the paper stock and printing of warrants, drafts or checks to be used by the state.

November 19, 1975 ATTORNEY GENERAL OPINION NO. 75-434 Terry J. Malone Assistant County Attorney Ford County Courthouse Dodge -City, Kansas 67801 RE: K.S.A. 79-2803 and K.S.A. 1974 Supp. 58-401 Synopsis: Whenever real estate sells for more than the judgment lien for taxes, interes…

Revenue bonds issued by the Kansas Housing Finance Authority under the proposed Kansas Housing Finance Authority Act do not constitute debts of the state or a pledge of the faith and credit of the state. Provisions for subsequent legislative appropriations to bond reserve funds of the authority are entirely permissive and import neither a legal obligation of the State to make such appropriations nor any legal claim of holders of such bonds to payment from such appropriations. In implementation of the proposed act, the proposed Authority does become a party to internal improvements in violation

K.S.A. 12-824 and K.S.A. 12-2001 et seq. provide separate and distinct alternative procedures which the city may utilize in granting a franchise to a public utility. *

November 14, 1975 ATTORNEY GENERAL OPINION NO. 75- 431 Mr. Nick A. Tomasic District Attorney Wyandotte County Courthouse Kansas City, Kansas 66101 Re: Cities, First Class -- Public Utilities -- Power of Remaining Board Members to Fill Vacancies on the Board Synopsis: Vacancies on…

The Advisory Committee on Mexican American Affairs is empowered to assist all state agencies in matters affecting Mexican Americans, and its responsibilities are not restricted solely to the Commission on Civil Rights, whose rights, duties and responsibilities are in no way affected by the statutory grant of power to the Advisory Committee.

Employees of the Employment Security Division are prohibited by law from holding elective public office.

Defense expenses incurred under K.S.A. 1974 Supp. 75-4360 may lawfully be paid only by the State Finance Council from funds appropriated to it for that purpose, which funds do not include the state emergency fund, such legal defense expenditures not being permitted therefrom under K.S.A. 75-3713.

The Kansas Life and Health Insurance Guaranty Association Act does not apply to Blue Cross- Blue Shield or. Health Maintenance Organization policies or contracts or to policies or contracts issued by fraternal benefit associations which do not meet the qualifications of an insurance company as defined by the Kansas Supreme Court and those which are specified in K.S.A. 40-202.

November 11, 1975 ATTORNEY GENERAL OPINION NO. 75- 427 Mr. B. V. Hampton Hampton, Murray & Hampton Law Offices Drawer H - Professional Building Pratt, Kansas 67124 Re: Schools--Teachers' Contracts-, -Bargaining Unit Determination--Regular, Part-time Classroom Teachers Synopsis: K…

In the publication of a list of properties subject to sale for nonpayment of taxes pursuant to K.S.A. 79-2303, the county treasurer may delete from the list upon second or third publication those properties upon which taxes have been paid subsequent to the first publication.

A licentiate of a denominational body is a per- son who may be duly authorized to be an officia- ting person at a marriage. Upon the filing of credentials of license by a person found to be a duly authorized officiating person, the judge of the probate court shall record the same and give to such person an instru- ment evidencing proof of such filing.

The investment of bond proceeds not currently needed by the issuing municipality is governed solely by the provisions of K.S.A. 1974 Supp. 10-131. * *

The provision of K.S.A. 72-8309 for the withholding of distribution from the county school foundation fund as a penalty for transportation of students in violation thereof has been effectively superseded, voided and repealed by provisions of the Kansas School District Equalization Act, K.S.A. 1974 Supp. 72-7030 et seq.

Any private employment agency, as that term is defined by K.S.A. 44-401, doing business in the state of Kansas must be licensed by the Kansas Department of Labor (as provided in K.S.A. 44-401) and shall not charge applicants for its services any fee exceeding the limit set out in K.S.A. 44-407. *

The statutory language of K.S.A. 72-4433 and applica- tion of the definitions found in K.S.A. 72-4430 to the tuition formula contained therein do not allow the State Board of Education to establish different rates of tuitions for post-secondary students when the basis for that differential is contingent upon whether one is enrolled in day or evening programs.

Service of garnishment orders upon the State of Kansas must be made, pursuant to K.S.A. 1974 Supp. 60-304(d), upon the Attorney General or an Assistant Attorney General.

A court may modify the duration of a restricted driver's license within the maximum time limit. A court may restrict that license to such uses, places and conditions as the judge deems neces- sary.

A city or county may, in the exercise of its constitu- tional or statutory powers of self-government, respec- tively, submit the question of a levy for services to the elderly to the voters on the initiative of the governing body, without the filing of a petition there- for, and any such levy approved at such election on the basis of the proposition submitted as specified and set forth in K.S.A. 1974 Supp. 12-1680 as amended is exempt from the aggregate levy limitations of K.S.A. 1974 Supp. 79-5001 through -5016.

A newspaper is not necessarily published at the place where it is printed. Although printed at one location, if it is first issued for distribution by mail or otherwise at another location, such other location may be deemed the place of publication. *

The present methods used by the Board of Trustees to disclose the rate of return on investments and the manner of crediting interest to members' accounts from funds in the retirement benefit accumulation reserve are within the statutory provisions of the Kansas Public Employees Retirement Act.

The decision to limit animal pens to 300 ft. from a residence is not a valid or reasonable administrative requirement when not coupled with a public health problem. *

Under extant decisions of the Kansas Supreme Court, a Kansas municipality has no authority to engage in a commercial venture solely for profit, and the City of Kansas City, Kansas, has no authority to construct and operate a cable television system for profit absent a judicial determination that such an undertaking is not prohibited by previous decisions of the Court. *

A person who is lawfully appointed municipal judge pursuant to K.S.A. 14-201, and who is a resident of a city of the second class at the time of initial appointment, and who thereafter moves from the city to another community within the county and who remains eligible for the office of municipal judge, does not become disqualified from holding that office by virtue of removal from the city, and reappointment by the city governing body is not necessary to be made of that individual to permit him or her to continue in that office after removal from the city.