Kansas Attorney General Opinions

The increased valuation of real property resulting from new improvements thereon may not be considered as a part of the value of new improvements which is required by K.S.A. 1975 Supp. 79-5006 to be considered separately in determining the additional aggregate levy authority and limitations permitted under that section. * *

A board of education is not required to charge tuition for students attending a school in its district while residing in another district.

Submission to the voters of a question for adoption of the modified mayor-council form of government authorized by 1976 Senate Bill No. 662 does not preclude submission of other questions at the same time providing for adop- tion of one or more of the seven alternative forms of government available to the City of Topeka.

Foreclosure and sale of real estate for delinquent taxes, interest and penalties are mandatory. Laws provide for proration to taxing districts where tax sale proceeds are less than the tax. There is a severe penalty statute prohibiting the release, dis- charge, remittance and commutation of taxes. *

A township board may accept a gift of property for use as a community building, but may not do so until acquisi- tion of the property by the .township is approved by the electorate of the township pursuant to K.S.A. 80-104. * *

Prior to the creation of a lateral, joint or main sewer district for the purpose of making preliminary plans, surveys and feasibility studies and the like, under the third paragraph of K.S.A. 19-2704 in a county declared an urban area, the notice by publication and mailing required by K.S.A. 1975 Supp. 19-2704a, as referenced in the last paragraph of K.S.A. 1975 Supp. 19-2704, must be given. *

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 creditor petitioning for "Refusal of Letters of Administration" should be represented by an attorney.

A member of a nonprofit corporation organized to provide mental health and/or retardation services under K.S.A. 19-4007 is not prohibited by the Kansas general conflict of interest law from renting real property to said cor- poration for the operation of a mental health and/or retardation center thereon.

A member of a board of education of a unified school district is not legally ineligible thereby from seek- ing election to and serving in the office of county commissioner.

K.S.A. 17-4758 prohibits an employee of the Board of Public Utilities of the City of Kansas City, Kansas, from acquiring any interest in property included in an Urban Renewal Project in said city.

The use of the word "or" in a statute has usually been interpreted "disjunctive". When used in the "con- junctive" sense, the context must clearly indicate legislative intent that the words "and" and "or" be used interchangeably. Where "or" is used in the "alter- native sense", it is "disjunctive". K.S.A. 79-307a requires all cattle to be reported for taxation by one alternative or the other, and not both.

The governing body of the City of DeSoto, Kansas, may in the operation of its municipal utility, legally contribute the electrical energy needed for municipal purposes and thereafter consider the costs of such contribution as one factor in their rate-making process. *

Assuming that IML Freight, Inc., still refrains from "doing business in this state", as defined by K.S.A. 17-7203, the corporation does not have to apply for authority to do business in Kansas.

Meetings and votes of county planning boards are subject to the Kansas open meeting law, K.S.A. 1975 Supp. 75-4317 et seq.

The state may expend monies for the Arkansas City Flood Control Project and the Kansas State Fair Lake Talbott Project notwithstanding the provisions of Article 11, § 9 of the Kansas Constitution.

Upon vacation of a road, the county may dispose of the bridge by dismantling the same and salvaging the material therein, or may dispose of the bridge in the same manner as other property of the county, including conveyance to an adjacent landowner.

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.

The enforced contribution to the state general fund of twenty percent of regulatory fees collected by a state agency to defray the indirect regulatory and enforcement costs of such agency does not compel the conclusion that such fees exceed the direct and indirect costs of such regulation, under Fidelity Investment Co. v. Hale, 212 Kan. 321, 510 P.2d 1236 (1973). Whether the general fund contribution of a particular agency so far exceeds the indirect costs incurred in behalf of such agency as to be improper can be determined only as a factual matter on an agency-by-agency basis.

The 120 day time limitation for modification of a sentence by the court begins to run from the actual date of sentencing. *

It is possible for a police department designate to be deputized by the sheriff to do the particular act of serving subpoenas upon the police department personnel. *

K.S.A. 21-4617 does not authorize a court to consider a request for expungement of an arrest record not resulting in a conviction. Although a court of general jurisdiction has the authority to consider an expungement request under the appropriate circumstances even in the absence of statute, the County Court of Douglas County, a court of limited jurisdiction, is without power to grant such relief. *

In order to qualify for the exemption from license fees provided for in K.S.A. 32-104Z, an individual must be able to show that he is enrolled as an American Indian on a tribal membership roll.

A cause of action for collection of a delinquent installment must be instituted within five years of the time the delinquent installment first became due. An action commenced within the five- year period must include all delinquent install- ments arising prior to the time the action is instituted.

The exchange agreements which existed between the State Law Library as a department of the State Law Library and foreign jurisdictions at the time of the transfer (July 1, 1975) became the property of the Kansas Supreme Court Law Library and under the control of the Kansas Supreme Court Law Library. * Dear Mr. Brooks:

Under K.S.A. 25-204, if offices to be filled by election are altered by legislation enacted and effective after April 2, 1976, the Secretary of State is authorized to prepare and mail to county election officers a supple- mental notice in writing, advising such election officers of the offices to be filled by election as a result of such legislation. However, the Secretary of State must comply with K.S.A. 25-204, to the extent practicable, and to this end, must as of that date prepare and mail the notification required by that statute, prepared in accor- dance with the laws in force at the tim

The Secretary of State is not required to prepare the notice required by K.S.A. 25-204 in any language other than English. It is the duty of the county election officer in any county determined by the United States Attorney General to be subject to section 203(c) of the Voting Rights Amendments of 1975 to assure that the noti- fication published in the jurisdiction of such officer complies with the multilingual requirements of the United States Attorney General. * *

A driver of a vehicle which vehicle has a gross weight of more than 24,000 pounds must hold a Class B license or chauffeur's license in order to legally operate said vehicle. * *

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. * *

K.S.A. 1975 Supp. 65-185 empowers the Secretary of Health and Environment to establish "sanitation zones" and regulate the same in areas surrounding certain water impoundments except as excluded by statute. The exclusion from the operation of K.S.A. 1975 Supp. 65-185 provided for areas within incorporated cities does not apply as to improvement districts organized pursuant to K.S.A. 19-2753, et seq. *

Section 9 of 1976 House Bill 2666 authorizes an uncon- stitutional diversion of ad valorem taxes levied by affected political subdivisions on taxable tangible real property located in any redevelopment area, in violation of Article 11, § 5 of the Kansas Constitution, by divert- ing the proceeds of levies made by affected political subdivisions for city, school and county purposes to payment of principal of and interest on special obliga- tion bonds issued by the city to finance redevelopment projects undertaken pursuant to the act. * *

K.S.A. 25-301, which prohibits independent nominations of presidential electors, does not unconstitutionally restrict ballot access by prospective candidates for nomination as presidential electors.

The proceeds of bonds issued under K.S.A. 10-201 may not be used for the purchase of road construction equipment which is not used solely or primarily for bridge construction and repair. *

Clearance lights and turn signals may be combined upon those vehicles described in K.S.A. 8-1709.

A condemnation action for property for a fire house for a county fire district organized under K.S.A. 19-3601 et seq. is one in which the county is legally interested, and the county attorney is not entitled to additional compensation for representation provided the fire district in such a case.

K.S.A. 12-1694(e) does not restrict the expenditure of proceeds of the transient guest tax levied thereunder to the support costs of convention and related promotion, but permits the city governing body in the exercise of its legislative judgment to determine upon the expendi- tures, including the funding of activities designed to attract visits to the city such as festivals and similar programs and entertainments, which are determined or anti- cipated to serve to enhance tourism and the attractiveness of the city toward that end.

Payment by a bank of the costs of armored car service provided by the depositor or by an independent carrier whose services are contracted by the depositor does not constitute "branch banking," prohibited by the Kan- sas banking code.

The statutory disqualification of K.S.A. 12-1601 does not preclude the law partners of a municipal judge from acting as attorney, counselor or adviser to parties in litigation or controversies adversely to the city in which the city has a direct or indirect interest. *

The Pooled Money Investment Board is lawfully empowered via K.S.A. 1975 Supp. 68-2311 to invest the moneys of the state freeway construction fund. Said statute is neither defective nor constitutionally infirm.

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. *

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. * * *

March 7, 1975 Opinion No. 75- 99 Harold C. Rohmiller, Director Division of Property Valuation State Office Building Topeka, Kansas 66612 RE: K.S.A. 79-3901 et seq. Dear Sir: You ask if "feed", assuming it is a "mixture of grains and/or supplements", is assessable, and if it would…

March 6, 1975 Opinion No. 75- 98 Ms. Donna M. Kaiser County Election Officer Dickinson County Courthouse Abilene, Kansas 67410 Dear Ms. Kaiser: You inquire, first, whether the Board of County Commissioners has any authority to determine who the county election officer appoints as…

March 6, 1975 Opinion No. 75- 97 Mr. William Harris Division of Taxation Department of Revenue State Office Building Topeka, Kansas 66612 Dear Mr. Harris: You have requested an opinion on your proposed forms which will be sent to applicants for licenses to conduct bingo games. Si…

March 6, 1975 Opinion No. 75- 96 Mr. Douglas S. Wright Assistant City Attorney Municipal Building 215 East 7th Street Topeka, Kansas 66603 Dear Mr. Wright: You inquire concerning the constitutionality of K.S.A. 25-903, which provides in pertinent part thus: "It shall be unlawful …

March 4, 1975 Opinion No. 75- 95 Robert R. Raines Secretary of Corrections 5th Floor, KPL Towers 818 Kansas Avenue Topeka, Kansas Dear Mr. Raines: Your letter raises a number of questions concerning the sentencing process and I will respond to them in the order presented. Initial…

March 5, 1975 Opinion No. 75- 94 Mr. Wilbur S. Stakes, Jr, Attorney At Law 100 Highland Road Lansing, Kansas 66043 Dear Mr. Stakes: You requested an opinion from this office concerning whether the city, through use of industrial revenue bonds, may finance a recreational facility …