Kansas Attorney General Opinions

When a negative cash balance exists in an improvement fund upon completion of the improvement, said negative cash balance may not be transferred to the city bond and interest fund pursuant to K.S.A. 12-6a16, but may be disposed of only by crediting sufficient monies to the improvement fund to remove the negative balance.

The application for, or the acceptance of pro- bation of a suspended sentence from a municipal court does not bar a subsequent appeal by the accused to the District Court under the authority of K.S.A. 1974 Supp. 12-4601.

The manager, officers and directors of a corporation, applying for a cereal malt beverage license, would have to meet the re- quirement of one year residence within the state prior to being issued a license.

A coroner's inquest may be convened under K.S.A. 19-1030 when death has been caused by unlawful means or when the cause of death is unknown.

October 21, 1975 ATTORNEY GENERAL OPINION NO. 75-407 Representative C. Fred Lorentz Ninth District 530 North 10th Fredonia, Kansas 66736 Re: Schools--School Residence Synopsis: The statute [K.S.A. 72-1046] describes school residence disjunctively. First, one whose natural or lega…

The procedure of the county court must conform to K.S.A. 22-2901, including the fixing of terms and conditions of release of an accused person by the magistrate, and the requirement that the accused be ordered to appear on a date certain, within ten days.

The probate judge of Crawford County is not entitled to retain judicial council fees payable pursuant to K.S.A. 28-113a, and is not entitled to additional compensation provided by K.S.A. 1974 Supp. 59-211c. *

Property owned by a city as a municipal airport pursuant to K.S.A. 3-113 et seq. may be leased only for those purposes "directly or incidentally and necessarily required for the successful and proper operation" of such airport, and may not be leased for independent commercial ventures unrelated to aviation purposes of the airport, although such property may be sold if no longer required for the purposes for which it was originally acquired.

Under existing law, a hospital district organized under K.S.A. 80-2113 has no authority to expend funds of the district to construct or purchase a residence for the hospital administrator or other persons employed by the district.

A petition for inclusion of a part of an existing fire district in a fire district organized under K.S.A. 19-3601 et seq., which petition is filed pursuant to K.S.A. 19-3611, should be signed by fifty-one percent (51%) of the residents of such adjacent fire district residing within the part of said adjacent fire district which is proposed to be included in the existing county fire district. *

A probate judge may not approve the sterilization of a mentally retarded child absent legislative action.

A proposed ordinance sought to be submitted to an election pursuant to K.S.A. 12-3013 which impairs existing contractual obligations of the city incurred under prior ordinances, and which implements and executes legislative policies and purposes which are enunciated by the state legislature, is not eligible for submission to the voters under K.S.A. 12-3013. *

The county attorney has no authority to prosecute an appeal in district court from a municipal court conviction for violation of a traffic ordinance. Such authority resides solely with the city attorney of the affected municipality.

There presently exists no statutory authority what- ever for the county election officer or any official to call and conduct an election for the recall of a public official.

Any bonds issued pursuant to K.S.A. 19-1801a constitute general obligation bonds of the issuing county and are not subject to the two mill levy limitation imposed by K.S.A. 79-1947.

State game protectors do not incur criminal liability for trespass when they enter and remain upon private property without the owner's permission while in the pursuit of their statutory duties.

Failure of the parties to the sale of a motor vehicle to transfer a certificate of title thereto, with an appropriate assignment, at the time of the sale or within fifteen days thereafter renders the sale void and fraudulent by operation of law, and the sale remains so despite the buyer's subsequent acceptance of certificate of title. *

A building constructed for the storage of road equipment, and used annually for fair and livestock exhibition purposes, may be constructed under the general county public building law, K.S.A. 19-15,114 et seq. *

A men's hairstyling school that is licensed by the Kansas Board of Barber Examiners and is operating in compliance with all rules, regulations and statutes of that regulatory body may not be diversified and expanded to include cosmetology and women's hair- styling. *

Section 2 of ch. 69, L. 1975 is void and ineffective to amend K.S.A. 19-101a and to restrict county home rule powers granted thereby. Counties in the exer- cise of statutory home rule powers may provide by ordinary resolution legislative authority in addition to that provided presently by statute, and in so doing, may authorize the purchase of certificates of deposit for periods of less than 90 days and more than 180 days at rates of interest which are not subject to the restrictions of K.S.A. 1974 Supp. 12-1676 as amended. *

In determining when the 20-year period of time begins for purposes of selling a school building pursuant to K.S.A. 72-8212, the date the con- struction on the most recent addition to the building was completed, is determinative of whether the building must be sold for at least three-fourths of its appraised value.

The restrictions applicable to the name of a savings and loan association contained in K.S.A. 17-5222, 17-5223, and of particular relevance here, K.S.A. 17-5224, continue to apply to an existing savings and loan association which seeks a change of name pursuant to K.S.A. 17-5226 and K.S.A. 17-5227.

October 2, 1975 ATTORNEY GENERAL OPINION NO. 75-385 Mr. Edward F. Horne City Attorney Fick, Myers and Horne Union National Bank Tower Manhattan, Kansas 66502 Re: Corporations--Urban Renewal Law--Laws, Journals and Public Information--Official Public Records Open to Inspection--Ex…

Provisions of K.S.A. 32-156a and -156b, as amended, were designed to adopt the provisions of the Federal Migratory Treaty Act and prosecutions under the same may be appropriately filed in county courts in this state.

Once a mortgage registration fee is paid upon the recording of a mortgage indebtedness, such fee shall not again be collected, if same indebtedness is secured at a later date by a second mortgage which is verified by affidavit to contain the original indebtedness. Dear County Attorney:

The worthless check statute applies generally to checks given in payment for antecedent debts. However, whether a violation may be said to exist in a particular situation will depend upon whether the totality of the circumstances demonstrate the existence of the requisite "intent to defraud." The worthless check statute applies to checks given in exchange for services. *

There is no basis for refusal of admittance of persons ordered to state psychiatric hospitals for evaluation, custody or treatment when said refusal is based solely on the lack of a psychiatrist's statement supporting the court order, there being no requirement in the Act for Obtaining "Care and Treatment" for a "Mentally Ill Person" that the probate court obtain such state- ments.

Counties may not by charter resolution in the exercise of county home rule powers exempt itself from statutory aggregate levy limitations com- prising the "tax lid," K.S.A. 1974 Supp. 79-5001 et seq.

A medical technician at the Kansas University Medical Center may not be compelled by a law enforcement officer to perform a blood alcohol test upon a suspect even though the individual may have consented to the test. Once arrested by Johnson County authorities, a suspect remains in the legal and physical custody of law enforcement officials despite his transfer to the Kansas University Medical Center for treatment. *

The prohibitions of K.S.A. 1974 Supp. 75-4609 apply only to the purchase of motor vehicles by which the state acquires title thereto, and does not apply to the acquisition of motor vehicles by lease.

A city may expend funds from properly budgeted monies in the general fund for the purpose of attracting industries and economic development, without approval of a levy therefor pursuant to K.S.A. 13-1441. *

The municipal judge must appoint counsel for any indigent defendant whenever a reasonable possibility exists that a jail term might be imposed if the defendant is found guilty.

The statutory age maximum of thirty-five years for appointment to the position of trooper of the Highway Patrol cannot be justified purely as a matter of law as supporting a bona fide occupational qualification, and hence, may not be enforced to deny applications from persons within the protection of the Age Discrimination in Employment Act of 1967 as amended. *

The board of county commissioners may elect, upon the filing of a timely and sufficient petition in opposition to a proposed charter resolution, pur- suant to K.S.A. 19-101b(c), not to call a referen- dum election thereon, and in that event, the pro- posed resolution is deemed abandoned and of no force and effect, without further action by the board. In such circumstances, however, the board remains free to readopt such charter resolution subsequently, absent an express prohibition or limitation on their legislative power to do so, and there is no such prohibition or limitation in the Kansas c

Authority for final approval of the official compre- hensive plan of the Topeka-Shawnee County metropoli- tan planning area and any amendments thereto, rests with the Topeka-Shawnee County Metropolitan Area Planning Commission, and riot with the governing bodies of the city and county.

The minimum permissible speed which may be fixed by local authorities for school zones in urban districts is that permitted by K.S.A. 1975 Supp. 8-1338(a)(4), twenty miles per hour. *

Notice of a special meeting of the board of city commissioners of a city of the third class, as required by K.S.A. 15-1503, may be waived by all commissioners attending a special meeting. Ad- vance public notice of such special meetings is not required by the Kansas open meeting law.

Municipality utilizing K.S.A. 12-618, as amended, to construct sewer improvements may: (1) prior to final assessment of costs therefor amend its initial declared method of computing cost apportionment; and (2) may adopt a mode of apportionment based upon the value of the lots and pieces of ground without the improvements thereon.

September 18, 1975 ATTORNEY GENERAL OPINION NO. 75 - 370 The Honorable Elwill Shanahan Secretary of State 2nd floor, Statehouse Topeka, Kansas 66612 Re: K.S.A. 75-415, K.S.A. 75-408 as amended by Chap. 430, Laws of 1975. Synopsis: The Secretary of State may surrender an abstract …

Proceeds of levies "for the purpose of acquiring a site, building, furnishing and equipping of a courthouse and jail" may not be used to remodel existing courthouse and jail.

K.S.A. 65-2002 limits but does not prohibit podia- trists from performing surgery.

Counties may provide different insurance cover- age and different rates for employer contributions for different classes of county employees.

The caucus conducted by members of the Democratic political party holding office in the Kansas House of Representatives for the purpose of filling a vacancy in the position of House minority leader pursuant to K.S.A. 1974 Supp. 46-1601(b) is subject to the Kansas open meeting law, K.S.A. 1974 Supp. 75-4317 et seq., as amended, and must be open to the public, with no binding action therein taken by secret ballot.

September 16, 1975 ATTORNEY GENERAL OPINION NO. 75-361 Mr. J. D. Euler Doniphan County Attorney Troy, Kansas 66087 RE: Evidence -- Handwriting Exemplars -- Power to Compel Production of. SYNOPSIS: In a criminal action an accused may be compelled to provide a non-communicative exe…

It is within the authority of the Municipal Housing Law, K.S.A. 17-2337 et seq., for a local housing authority created thereunder and delegated the powers granted thereby, to operate a housing pro- ject for a private developer, which project is to serve persons of low income and elderly persons as defined pursuant to the Act. *

September 12, 1975 ATTORNEY GENERAL OPINION NO. 75- 363 Senator Chuck Wilson, D.V.M. District Thirty-seven P. 0. Box 142 La Crosse, Kansas 67548 Re: Automobiles and Other Motor Vehicles--Drivers' License Act--Persons to whom license not issued; exceptions; restricted licenses; co…