Kansas Attorney General Opinions

Agents of Alcoholic Beverage Control Division are law enforcement officials and have the inherent authority to possess firearms to aid in the performance of their duties.

The payment of dues for a County Engineer in the Kansas Engineering Society is not an expenditure incurred in the discharge of the official duties of the office, nor is the expenditure related to those official duties, and accordingly, it is not a proper or appropriate expenditure of public funds. *

Councilmen-elect of a city of the third class, elected on April 1, 1975, who failed to take the oath of office within thirty days thereafter, are deemed to have refused said offices, and the positions are by operation of law vacant. The mayor who took the oath of office within a reason- able time after his election, in this instance May 14, 1975, is lawfully entitled to the office, and is required to fill the vacancies on the council in the manner provided by law. * *

A local housing authority operating under the Municipal Housing Law, K.S.A. 17-2338 et seq., may not lease or rent property in housing pro- jects operated under the act to persons other than persons of low income, as defined by the city or authority pursuant to the act.

September 5, 1975 ATTORNEY GENERAL OPINION NO. 75- 346 James T. McDonald Secretary of Revenue Department of Revenue State Office Building Topeka, Kansas 66611 Re: Injunction; issuance of bingo licenses Synopsis: The scope and effect of an order of injunction is to be determined f…

Those funds received from the township's school building funds and presently held in the general account of Fountain Township may be expended for the purchase of a township hall only after being properly budgeted during the next fiscal year in accordance with the provisions of K.S.A. 79- 2925 and only after the question of such expen- diture has received a favorable vote of the township electors.

A towbar mechanism, as that term is used in ch. 39, § 30, L. 1975, includes coupling devices such as those used for towing house trailers and employing ball and socket connections. K.S.A. 1974 Supp. 8-1907, as amended by ch. 39, § 30, L. 1975, prohibits the towing of more than one vehicle by use of a towbar mechanism, whereas motor vehicles in transit may be transported in combination of two or more such vehicles when connected by a saddlemount or fullmount mechanism. *

The powers of the State Highway Commission as a body corporate with powers to sue and be sued passed, under ch. 426, L. 1975, to the Secretary of Transportation, as administrative head of the Department of Transpor- tation, and not to the Department of Transportation itself. Accordingly, the proper designation of the contracting party in contracts entered into under ch. 426, §§ 52 and 53, is, at present, O.D. Turner, Secretary of Transportation of the State of Kansas. *

Persons subpoenaed by the Kansas Commission on Civil Rights are entitled to witness fees and mileage prescribed by K.S.A. 28-125 for wit- nesses in proceedings in district courts. * *

An applicant for licensure as a mental health techni- cian who is employed in the State of Kansas in any position, whether related to the field or otherwise, on July 1, 1974, is eligible to satisfy the academic requirements of K.S.A. 1974 Supp. 65-4203, as amended by ch. 333, L. 1975, by presenting evidence of experience in lieu thereof.

Cities have authority to prescribe by ordinance the offense of careless driving, although that offense was deleted from the 1974 Uniform Traffic Code adopted by the Legislature. *

A filing officer who received a financing statement presented for filing on November 12, 1973, which bore a maturity date of November 1, 1973, which date was erroneously inserted, the secured party having intended to designate no maturity date whatever, was under no duty to examine the document, which was formally sufficient, for any inconsistency regarding the accuracy of the maturity date, and properly accepted the instrument for filing. Said financing statement lapsed upon the expiration of sixty days from the stated maturity date notwithstanding the error of the secured party.

The definition of "elected state officials" as used in K.S.A. 1975 Supp. 20-208 refers only to those elected state officers as enumerated in Chapter 75 Part I of the Kansas Statutes Annotated.

In a city of the third class under the mayor- council form of government, a vacancy in the office of chief of police must be filled by appointment by council, pursuant to K.S.A. 1974 Supp. 15-209, unless provided otherwise by lawful charter ordinance.

The filing of an action under the Small Claims Procedure Act in the county in which the cause of action arose is not prohibited by K.S.A. 1974 Supp. 61-2708, for lack of proper venue may be waived by the defendant in such action. The sheriff may not lawfully refuse to serve process issuing under the Small Claims Procedure Act from a court outside his county for service upon a resident of his county because of improper venue in such case.

Municipal Courts do not possess the power to grant a change of venue. *

A manufacturer or packer may enclose within its package a coupon redeemable for a single item not manufactured or packed by said manufacturer or packer.

A city may acquire real property for street and alley purposes by prescription. * *

Contracts executed pursuant to ch. 380, L. 1973 are subject to K.S.A. 75-3739, as amended. The division of architectural services and of purchases, in the performance of any duties under ch. 380, L. 1973, are subject to the general existing laws defining the duties and responsibilities of the respective divisions. The Board of Regents has final authority regarding the approval of contracts for the projects authorized by ch. 380, L. 1973, and may enter into contracts therefor within funds available at the time said contracts are executed.

Real Estate Commission pursuant to K.S.A. 1974 Supp. 58-3006 and 58-3008 is without authority to establish separate classes for the purpose of grading license examinations.

Any unified school district which is unable to provide a minimum of thirty (30) units of accredited instruction at the school district's high school must continue to function as a unified school dis- trict until the July 1 following the filing of petition by the local board of education requesting disorganization of the district. By statute, K.S.A. 72-7301, the effective date of an order granting the petition's request for disorganization must be made effective the first July occurring thereafter. The authority to grant such a disorgan- ization is vested in the State Board of Education by virt

August 18, 1975 ATTORNEY GENERAL OPINION NO. 336 Robert I. Nicholson County Attorney Miami County Courthouse Paola, Kansas 66071 Re: Sales Tax on Mobile Homes, previously assessed as real estate. K.S.A. 79-319, 320; 1974 Supp. 79-3603(o) Synopsis: Both an ad valorem tax and an ex…

On and after August 15, 1975, the Secretary of Transpor- tation and his official title should be designated as party defendant or plaintiff in any litigation as successor to the State Highway Commission. *

The caucus conducted by members of each political party holding office in the Kansas Senate for the purpose of nominating persons for election as president of the Senate pursuant to K.S.A. 1974 Supp. 46-1601 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.

The board of a unified school district may calculate for purposes of reimbursement expenditures for gasoline to operate a school bus owned and operated by parents of students used to transport nonresident pupils of the district to school.

K.S.A. 19-805 authorizes the appointment of special or reserve deputies by the sheriff of any county. *

Compensation for the office of Disciplinary Administra- tor is paid "by the state of Kansas," within the meaning of ch. 190, § 9(c), L. 1975, and must be considered in determining eligibility for continued annuity payments thereunder. *

Under present Kansas laws, farm land must be valued for ad valorem taxation equally and uniformally at fair market value as defined by K.S.A. 79-503; 79-1439. However, many states now have laws which permit tax- payers owning farm and residential land to contract with or represent to the assessor that such use will continue in future years. Then, the land is valued only for such use. If a change of use later occurs, the taxpayer is assessed "back taxes" for a number of years.

Local governing bodies may lawfully permit individuals to transport their own solid waste for disposal, so long as it is consistent with a solid waste management plan which has been approved by the State Department Of Health and Environment.

The ninety-day limitation prescribed by K.S.A. 1974 Supp. 8-1912(a) does not apply to restrictions imposed under the authority of K.S.A. 1974 Supp. 8-1912(c).

A reduction in receipts from local ad valorem tax levies by a local public library will jeopardize its continued eligibility for state grants-in-aid, notwithstanding the library receives increased revenue from sales tax proceeds which offset the loss of ad valorem tax receipts.

An animal control officer employed by the Northeast Johnson County Animal Control Commission is not a police officer or law enforcement officer as that term is defined by K.S.A. 1974 Supp. 75-5602(e), for the officer is not an employee of any city or county or state agency.

Copies of any agenda which is prepared for members of the governing body must, under 1975 amendments to the open meeting law, be available to members of the public upon request.

A candidate for election to the Kansas House of Representatives must be a registered voter at the time of filing the declaration of candidacy or nomination papers therefor.

The effect of opinions issued by the Governmental Ethics Commission under K.S.A. 1974 Supp. 75-4301 et seq. is that set forth at K.S.A. 1974 Supp. 75-4303a.

The County Attorney has authority by virtue of his office to bring an action in the name of the State of Kansas against a board of county commissioners which refuses to publish a statement of county expenditures in compliance with K.S.A. 19-228.

Those assets remaining in the control of credited to Piper City, whether it be tangible, personal property, such as machinery or equipment or property held in the form of tax revenue become subject to the control of the municipality now responsible for providing the function government to that region formally known as Piper City. In this case, Prairie Township became reinvested with that responsibility and is therefore, entitled to those assets which remain.

The failure of the County Clerk to file the annual financial statement required by K.S.A. 1974 Supp. 10-1007 does not amount to willful criminal behavior where the failure to file results from the fact that one or more city, township or district clerks within his county have failed to submit their res- pective annual statements of indebtedness.

A specific appropriation for the purchase of liability insurance for the state, its officers and employees, is not required and may be assessed against Fiscal Year 1976 agency appro- priations under existing laws. State Finance Council action is not necessary to effectuate the coverage. * *

STATE OF KANSAS Ofice of the Attorney General 1st Floor, State Capitol Bldg. (913) 296.2215 Topeka, Kansas 66612 CURT T. SCHNEIDER Attorney General August 5, 1975 ATTORNEY GENERAL OPINION NO. 75- 330 Mr. Carl B. Anderson County Attorney Sublette, Kansas 67877 Re: Counties and Cou…

Disclosure of applicable truth in lending information is required where a lay-away plan involves four or more installments, the merchandise is held by the seller until either a specified portion or the full amount of the purchase price is paid, and the penalty for default or cancellation is loss of all or a portion of the deposit.

The State may not obligate state funds to match federal funds available through grants under the Public Works and Economic Development Act of 1965 and amendments thereto, for projects which con- stitute "internal improvements" which are prohibit- ed under Art. 11, § 9 of the Kansas Constitution.

August 1, 1975 ATTORNEY GENERAL OPINION NO. 75- 314 James R. James Judicial Administrator Kansas Supreme Court State Capitol Building Topeka, Kansas 66612 Re: Eavesdropping; interception of wire or oral communication; disclosure of reports filed with Judicial Administrator pursua…

The monthly publication of a statement of all county expenditures must include by itemized description an identification of each and every sum allowed, and the purpose of each such dis- bursement. Description of sums allowed by totals according to general classifications and categories is inadequate.

July 30, 1975 ATTORNEY GENERAL OPINION NO. 75-313 Mr. Henri Fournier, Executive Director Kansas State Board of Cosmetology 630 Kansas Avenue Topeka, Kansas 66603 RE: Cosmetology--Licensed Premises--Demonstrations Synopsis: The rendering of demonstrations of cosmetological service…

Under K.S.A. 17-4758, a commissioner of an urban renewal agency may not act as real estate broker in regard to contracts for the sale of land by the Agency.

K.S.A. 41-208 does not invalidate municipal zoning ordinances prohibiting the location of alcoholic liquor retail stores in parti- cular zoned areas. *