Kansas Attorney General Opinions

Since the repeal in 1974 of former K.S.A. 25-1701, it is no longer unlawful for a candidate to distribute pencils, blotters, book matches and like items bearing campaign material to the electorate at large. It re- mains unlawful to offer any 'such item to another per- son in exchange for the vote or promise of a vote of such other person for or against any candidate. *

Cud T. Schneider Attorney General July 19, 1976 ATTORNEY GENERAL OPINION NO. 76-226 Mr. Lawrence E. Christenson City Attorney City of Winfield P. 0. Box 731 Winfield, Kansas 67156 RE: Cities -- Aggregate Levy Limitations -- Airports SYNOPSIS: The levy authorized by K.S.A. 1975 Su…

The name of a candidate for nomination as county com- missioner, or for nomination to any other public office, may not appear on the same ballot as a candidate for election as precinct committeeman or committeewoman.

Service mark lacks status of registrability where it is so similar to a corporate trade name being used as to cause mistake, deception or confusion relative to the goods and services offered by the firms involved. *

Under K.S.A. 1975 Supp. 74-5608, a person who is not certified pursuant to subparagraph (a) of this pro- vision is eligible to serve as a police or law enforcement officer for a Kansas city for not more than twelve months, and at that time, the office is vacated by operation of law unless the officer has during that twelve-month period obtained the necessary certificate. A city may not extend the twelve-month period fixed by statute by successive annual appoint- ments or otherwise. * Dear Mr. Standiferd:

When a plat of land is filed located outside the limits of an incorporated city, and the streets and alleys thereof are used by the public for a number of years thereafter, the plat is sufficient to permit the owners of property therein to petition for improvements under K.S.A. 68-728, and authority for maintenance of the streets after such improvements are completed vests in the township.

Cities may contribute from duly budgeted funds for the joint operation of a dispatcher or emergency communica- tion system established pursuant to K.S.A. 65-4303, regardless of the availability of county funds to sup- port such dispatcher or system.

Using language identical to that found in K.S.A. 41-2708 (j), Plainville City Ordinance No. 3-109 requires the revocation of a cereal malt beverage license if the licensee employs, in any capacity, any felon or person convicted of a liquor violation.

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. *

1976 Senate Bill 646 requires physicians employed by the state but falling within the statutory definition of "health care provider" must secure professional liability insurance. *

K.S.A. 82a-928(2) does not authorize a requirement that a flood protection project provide protection so as to reduce the flood risk in agricultural areas to a chance of occurrence in any one year of greater than ten per- cent or less. A levee which provides protection so as to reduce flood risk to a chance of occurrence in any one year of five percent or less for agricultural areas satis- fies the general goals and objectives of the State of Kan- sas for flood protection purposes as enumerated in K.S.A. 82a-928(a)(2). *

Members of the board of trustees of a community junior college who also serve as members of the board of direc- tors of a nonprofit corporation organized as an endow- ment association of such college must abstain from participation in the making of any contract between the association and the college. *

The word "substantially,': as used in K.S.A. 72- 7108 relative to the transfer of territory between unified school districts, must be defined to be the equivalent of a majority of the physical acreage. In other words, the state board of education is prohibited from considering or receiving a petition for transfer of territory if more than half of the territory sought to be transferred in the later petition has been considered in another petition for transfer by the state board within the preceding two years.

The reimbursement liability of the county extends to the reimbursement of the total costs of furnishing ambulance service incurred by the taxing subdivision, regardless of recoupment of all or any portion of those costs through service charges, in the proportion man- dated by the statute. •

The verdict of a coroner's jury requires unanimity among the jurors on the verdict. * * *

Individuals in this state not licensed pursuant to the Kansas Veterinary Practice Act are prohibited from testing for and diagnosing the state of preg- nancy in livestock and domestic animals unless they are the owners of said animals.

The governing body of a Kansas county, unified school district, and community junior college, may provide for the keeping of its active public funds in both checking and savings accounts, in the manner described in earlier Opinion No. 75-448.

The county election officer has no authority to pass upon and determine the qualifications of persons who make timely filings of candidacy for elective posi- tions, including the position of precinct committee- man and committeewoman.

A county under K.S.A. 19-261 must reimburse a city which provides ambulance service in such county its proportionate share of the county general fund budgeted for ambulance services within the county, to be based on the amount that the assessed tangible taxable valuation of the tax- ing district bears to the total taxable tangible valua- tion of the county.

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. *

Under K.S.A. 84-2-509 of the Uniform Commercial Code, the buyer and seller may contractually agree that the risk of loss shall not pass to the buyer upon delivery, but may agree that the risk shall be borne by the seller until a date certain agreed upon in said contract. Thus, the risk of loss of goods delivered to a school district pur- suant to a cancelable purchase order may remain with the seller until a date certain, despite earlier delivery of the goods to the buyer.

July 7, 1976 ATTORNEY GENERAL OPINION NO. 76-208 Mr. 0. D. Turner Secretary of Transportation Kansas Department of Transportation State Office Building Topeka, Kansas 66612 RE: Motor Vehicles - Motorcycles - Safety Helmets SYNOPSIS: Effective July 1, 1976, operators and riders of…

A court may assess a fine in excess of that amount written on the notice to appear when a guaranteed arrest bond certificate is posted. * * 4 Dear Mr. Adkins:

The defense of governmental immunity would be available to the state in actions arising out of authorized use of the Forbes Field Firearms Range by state officers and employees.

There is no precedent or authority for the assessment of delinquent county solid waste collection charges against personal property, and collection of such delinquent charges in the manner of unpaid personal property taxes. The county may lawfully make violation of its solid waste resolutions, rules and regulations a misdemeanor, and prescribe a penalty therefor. A late charge to be added to such service charges is not clearly prohibited by Kansas law, and has been upheld for various utilities by the Kansas Corporation Commis- sion; accordingly, a similar late charge to be assessed by the coun

A practitioner of the healing arts who is licensed by the State Board of Healing Arts may not sell or other- wise dispense hearing aids unless licensed to do so by the State Board of Hearing Aid Examiners. *

Under K.S.A. 19-202, as amended by ch. 121, § 2, L. 1976, a person elected to the office of county commissioner may not qualify and assume the duties of that office unless and until that person establishes residence in the commis- sioner district which such person is elected to represent. Residence in the commissioner district need not exist at the time of filing of candidacy, or nomination or election, however. * *

An orderly and timely system of assessment is imperative to the successful operation of government. There is an unyielding mandate of the Kansas Legislature to assess property at 30% of fair market value. Where a discrimin- ation of assessment is found to exist, and the time for action by the County Board of Equalization has passed, there still exists relief from the Director of Property Valuation. Dear County Attorney Ehrlich:

The costs of an official survey must be assessed equi- tably against the landowners whose lands are adjacent to the boundary line involved, unless the county falls within certain narrow population and assessed valuation categories of K.S.A. 19-1427, in which instance the board of county commissioners has the additional discretion to assess the costs against only the party requesting the survey. * *

A city may construct a day care center and issue general obligation bonds for that purpose pursuant to K.S.A. 12-1737 et seq., and an election is not required for that purpose under K.S.A. 12-1737(h).

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.

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 unified district court may establish a court-admini- stered process service office, and employ therein per- sons presently employed by the marshal of a magistrate court in said county, for the service of process under the code of civil procedure, as of January 10, 1977. However, executions against judgment debtors in civil actions, arrest and search warrants and other criminal process, and process in actions under the code of civil procedure for limited actions are required by express statutory provisions to be executed by and under the authority of the sheriff.

The reduced security requirements of K.S.A. 9-1403 apply to all deposits of public moneys, including not only active accounts but moneys deposited in interest- bearing investments under K.S.A. 1975 Supp. 12-1675. * *

The county clerk may not, in the exercise of authority under K.S.A. 1975 Supp. 79-1965 and K.S.A. 1975 Supp. 79-5004, make adjustments in revenue estimates, esti- mates of balances carried forward, and budget authority for expenditures which may be satisfied by the taxing subdivision from non-property tax sources. *

The Director is without authority to approve as a bonded warehouse of the State of Kansas, to which alcoholic liquor can be consigned, a warehouse, which is located within the state, maintained by a non-licensed supplier (importer), whether a Kansas corporation or otherwise.

A meeting of the city governing body to conduct a hearing and consider suspension or revocation of a cereal malt beverage license is subject to the Kansas open meeting law, K.S.A. 1975 Supp. 75-4317 et seq.

Under K.S.A. 1975 Supp. 65-4320(c) any vehicle in use as of July 1, 1975, as an emergency ambulance vehicle is exempt from the vehicle and equipment requirement adopted by the Secretary of Health and Environment. Any such vehicle does not lose its exemption by a transfer of ownership to a different operator after July 1, 1975.

The conclusions set forth in Opinion No. 74-199 are not altered by the 1975 amendments to K.S.A. 65-1113 et seq. Those amendments provide no basis for a cate- gorical determination, purely as a question of law, that the administration of medication in each and every circumstance is a task reserved only to regis- tered professional nurses. *

A Kansas municipality may adopt additional requirements, supplementing the Kansas Act Against Discrimination, which must be met by persons contracting with the city, in order to implement the declared state policy of assuring equal opportunity for all persons regardless of race. Kansas cities may adopt and enforce conditions and requirements in its contracts, in addition to those required by the Kansas Act Against Discrimination, which require the contracting party to demonstrate compliance with policies of the city designed to alleviate racial discrimination and stimulate equal employment opp

When the mortgage or contract offered for recording states a specific sum as being the current obligation or debt, but contains an agreement that in the future additional loan advances will be made not exceeding a second and larger specific sum, the mortgage registra- tion fee shall be based on such second and larger sum. *

June 24, 1976 ATTORNEY GENERAL OPINION NO. 76-190 Mr. William R. Hale Secretary-Treasurer Kansas State Registration and Examining Board of Architects 535 Kansas Avenue - 12th Floor Topeka, Kansas 66603 Re: State Boards--Board of Technical Professions--Powers and Duties Synopsis: …

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…

The city may convey unimproved real property to which it holds fee simple title in the exercise of its corporate powers under K.S.A. 12-101.

The board of education may not lease or contract to provide transportation to non-senior citizen groups or organizations in district-owned or operated school buses.

Residence in the county is not a qualification for filing, nomination or election to the office of county attorney.

June 21, 1976 ATTORNEY GENERAL OPINION NO. 76- 186 Mr. Granville M. Bush City Attorney 124 South Broadway Sterling, Kansas 67579 Re: Cities--Hospitals--Management Synopsis: Proceeds of ad valorem levies for the operation of a city hospital in a city of the second class may not be…

Under K.S.A. 14-440, when an engineering estimate is obtained and bids solicited and received, no contract may be let unless the amount of the contract does not exceed the estimate. It does not prohibit review and revision of such estimate subsequent to opening of bids but prior to acceptance of one of such bids. If the revised estimate exceeds any of the bids presently pending at the time of such revision such bid may be accepted. * *

The qualifications governing eligibility for family planning services prescribed by K.S.A. 23-501 apply only to services offered by family planning centers established and maintained by the State Department of Health and Environment, and not to services and programs offered by county health departments, other public agencies, or under private auspices.

Under section 43(c) of 1976 House Bill 2729, and sec- tion 1 of 1976 House Bill No. 3153, the board of county commissioners is given discretionary power in each in- stance to approve or disapprove all or any part of the amount fixed by the administrative district judge to be paid from the county general fund as compensation to associate district judges, district magistrates, and clerks of the district court.