Kansas Attorney General Opinions

July 25, 1975 ATTORNEY GENERAL OPINION NO. 75- 306 Roy E. Perkins, President Unified School District No. 282 Route 2 Howard, Kansas 67349 Re: Schools--Organization Powers & Finances of Boards of Education--Election of Officers Synopsis: It is the opinion of this office that an el…

Having no "taxes levied for the base year," as defined by K.S.A. 1974 Supp. 79-5002, the limita- tions imposed by K.S.A. 1974 Supp. 79-5003 are applicable to the City for taxes levied for fiscal 1976, and the city is not exempt from such limita- tions by virtue of the exemption provided by K.S.A. 1974 Supp. 79-5010(a).

The Secretary of Corrections possesses the necessary enforcement authority to prevent any person from being incarcerated in an unsanitary or unsafe de- tention facility, including the power to close particular facilities and to transfer the inmates housed therein to other places of confinement. Dear Mr. Raines:

The Magistrate Court of Shawnee County has no jurisdiction of prosecuting for violation of offenses prescribed by county resolutions; presump- tively, as a court of general jurisdiction, the Shawnee County District Court has jurisdiction over such cases.

The petition requirement of K.S.A. 22-3001(a) is not unconstitutional; persons signing such petitions bear no liability for the costs and expenses of a grand jury summoned thereafter; a grand jury is authorized to investigate and return indictments; private citizens may appear before a grand jury if permitted to do so by the foreman and members thereof. *

K.S.A. 10-120 requires that an election be called to be held within 30 days after the filing of suffi- cient resolutions adopted by city governing bodies requesting an election upon imposition of a county- wide retailers sales tax under K.S.A. 1974 Supp. 12-172.

Whether disclosure of existence of a search or arrest warrant to a private investigator or other person is necessary for the execution of such warrant should be determined on a case-by-case basis by the person having custody of such warrants and of information concerning them. *

Any levy authorized by the voters under K.S.A. 1974 Supp. 12-1680 at an election held after July 1, 1974, and before July 1, 1975, and made after July 1, 1975, is exempt from the aggregate levy limitations of K.S.A. 1974 Supp. 79-5001 et seq.

A city may not by charter ordinance exempt itself from section 3 of 1975 House Bill 2525 so as to impose different and other occupational or other license taxes or fees than provided in that section.

The affirmative vote of a majority of a quorum is sufficient to elect officers of a board of education, and the use of secret ballots in such elections is prohibited. *

Interlocal agreements between boards of education relating to educational services pursuant to K.S.A. 1974 Supp. 12-2904 as amended by 1975 House Bill No. 2381 are subject to approval by both the State Board of Education and the Attorney General. *

Under K.S.A. 1974 Supp. 79-3603(p), the developing of film into pictures is a service which is subject to the Kansas sales tax. When film is developed outside the state of Kansas, and subsequently returned to a Kansas user, that transaction is subject to the Kansas Compensating Tax. A retailer doing business in the state of Kansas is required to collect the Kansas Compensating Tax from the Kansas user. *

The election of the president of a board of education pursuant to K.S.A. 1974 Supp. 72-8202 must be held at an open meeting and may not be conducted by secret ballot.

The president of the council of a city of the second class may not, in the absence of the mayor, but while said office is not vacant, appoint persons to city office, under the or- dinances of the City of Chetopa, Kansas. * *

Cities of the third class may vacate streets, avenues, alleys and lanes by ordinance under K.S.A. 15-427, which authority is not impaired by the authority of the board of county commis- sioners to vacate property upon petition by the city governing body under K.S.A. 1974 Supp. 12-504. *

Nothing in this section of the Kansas general conflict of interest act prohibits an individual who is elected to and serving upon a board of education of a unified school district and who is also a practicing psychologist from accepting professional referrals to his private practice by local school authorities. * *

A county proposing to construct sewer facilities wholly on county-owned property need not, as a legal prerequi- site to such construction, organize a district therefor pursuant to K.S.A. 19-2704 et seq. when the costs of construction and maintenance of said sewer are to be borne entirely by general fund revenues.

State and federal agencies may impose solid waste disposal requirements on Indian reservations.

K.S.A. 12-1904 does not authorize the calling of a special election on the question of establishing a supervised recreation system thereunder, and such question may be submitted only at the next regular or special city or school election which is held more than 30 days after the filing of a petition for establishment of a recreation program thereunder.

A recreation commission organized under K.S.A. 12-1901 et seq. has no authority to issue revenue bonds to finance construction of a building.

Lincoln National Career Development Corporation must, under the facts and circumstances set forth herein, be licensed under K.S.A. 44-401 et seq. to operate in the State of Kansas.

The Pooled Money Investment Board is without authority to negate contracts lawfully entered into by other state agencies relative to state funds coming under Board's jurisdiction prior to the final performance date for such contracts. *

The Safe Drinking Water Act does not prevent the state from requiring fluoridation of drinking water, so long as the amount of fluoride added does not cause the max- imum contaminant level specified by national primary drinking water regulations to be exceeded.

The board of trustees of fire districts organized under K.S.A. 19-3601 et seq. may not appoint persons other than the county clerk and county treasurer to serve as secretary and treasurer, respectively, of said districts.

Members of the Kansas Civil Rights Commission may be paid only for attendance at meetings of the Commission and of duly authorized subcommittees, and not for other time spent in the performance of official duties. *

A school superintendent is not prohibited by K.S.A. 1974 Supp, 75 ,-4304 from leasing real property which he owns to the board of education for school purposes.

Kansas community junior colleges may pay dues or membership fees in the North Central Association of Colleges and Secondary Schools and Jayhawk Junior College Conference, and not in Association of Community College Trustees, North Central Council of Junior Colleges, and American Association of Community and Junior Colleges.

A 1954 order of the board of county commissioners excluding and vacating described land from a city pursuant to K.S.A. 12-504 operates to cancel the plat of said vacated and excluded land, and any new plat of said land must be approved by the city planning commission prior to filing. * * Dear Mr. Stough:

A servicemark which so resembles a mark previously used in this state and not abandoned as to be likely to cause confusion or mistake or to deceive, when applied to the services of the applicant, is ineligible for registration under K.S.A. 81-112.

A member of a district judicial nominating commission is a public officer as defined by K.S.A. 1974 Supp. 75-4301.

June 30, 1975 Opinion No. 75- 275 Mr. Alvin F. Grauerholz City Commissioner of Coffeyville 716 Maple Street Coffeyville, Kansas 67377 Dear Al: You inquire, first, whether the assistant chief of police of the City of Coffeyville is subject to the statutes applicable to the Civil S…

June 30, 1975 Opinion No. 75- 274 Mr. Richard Ebersole City Attorney of Belle Plaine 104 South First Mulvane, Kansas 67110 Dear Mr. Ebersole: As city attorney for the City of Belle Plaine, you inquire, first, whether industrial development funds may be used to build recreational …

June 30, 1975 Opinion No. 7 5- 273 Mr. Arthur Gabriel Kansas Banking Commissioner 818 Kansas Avenue Topeka, Kansas 66612 Dear Commissioner Gabriel: You advise that a question has arisen in the Kansas banking com- munity concerning an amendment to K.S.A. 9-1405 by section 24 of Ho…

June 30, 1975 Opinion No. 75- 272 Mr. Tom Smyth Attorney at Law 103 South Iowa Ness City, Kansas 67560 Dear Mr. Smyth: I write to supplement our recent opinion to you, No. 75-256, concerning the necessity that Ness County Hospital District No. 2, organized and operating under K.S…

June 30, 1975 ATTORNEY GENERAL OPINION NO. 75- 271 Mr. Larry R. Mears Atchison County Attorney County Courthouse Atchison, Kansas 66002 Dear Mr. Mears: You inquire concerning the length of time that a police department is required to keep records and reports of misdemeanor and fe…

June 30, 1975 Opinion No. 75 - 270 Mr. David K. Duckers Assistant City Attorney Thompson & Duckers 827 Armstrong Avenue Kansas City, Kansas 66101 Dear Mr. Duckers: As Assistant City Attorney for the City of Tonganoxie, a city of the third class, you inquire concerning the authori…

June 30, 1975 ATTORNEY GENERAL OPINION NO. 75-268 Mr. George A. Palmer Coffey County Probate Judge Coffey County Courthouse Burlington, Kansas 66839 Dear Judge Palmer: K.S.A. 28-110 provides in pertinent part: "The sheriffs of the several counties in the state shall charge for th…

June 27, 1975 Opinion No. 75 -264 Mr. Robert I. Nicholson Miami County Attorney Miami County Courthouse Paola, Kansas 66071 Dear Mr. Nicholson: You advise that a local attorney has presented an affidavit to the Miami County Register of Deeds, which recites that a contract for the…

June 27, 1975 Opinion No. 75 - 263 Mr. Larry R. Mears Atchison County Attorney Atchison County Courthouse Atchison, Kansas 66002 Dear Mr. Mears: You advise that recently suit was filed in the Atchison County District Court against defendants styled as the "Board of County Commiss…

June 27, 1975 ATTORNEY GENERAL OPINION NO. 75- 262 Thomas C. Lysaught County Counselor 511 Huron Building Kansas City, Kansas 66101 RE: Ratio Study Questionnaire Conflict between H.B. 2254 and K.S.A. 1974 Supp. 79-1436, 1442. Dear Mr. Lysaught: We have your letter of June 20, 197…

June 27, 1975 Opinion No. 75- 261 'Mr. Sherman A. Parks, Attorney Office of Secretary of State The Statehouse - 2nd Floor Topeka, Kansas 66612 Dear Mr. Parks: You inquire concerning certain aspects of K.S.A. 17-1301 et seq., as those provisions relate to cemetery corporations. Fi…

June 26, 1975 Opinion No. 75- 2s8 Mr. Donald E. Martin City Attorney of Kansas City Ninth Floor - Municipal Office Building One Civic Center Plaza Kansas City, Kansas 66101 Dear Mr. Martin: Prior to amendment by 1975 Senate Bill 570, K.S.A. 13-1253 provided in pertinent part thus…

June 25, 1975 Opinion No. 75- 267 The Honorable Robert F. Bennett Governor of Kansas 2nd Floor - State Capitol Building Topeka, Kansas 66612 Dear Governor Bennett: You advise that you have recently received an application for a notary public commission from an individual who is a…

June 25, 1975 Opinion No. 75- 266 Mr. Philip E. Winter Assistant Lyon County Attorney Lyon County Courthouse Emporia, Kansas 66801 Dear Mr. Winter: K.S.A. 1974 Supp. 28-126 states thus: "No person holding any office or appoint- ment under any county, city or other municipality sh…

June 25, 1975 Opinion No. 75- 265 Mr. Henry Mudge-Lisk Assistant Regional Director Office of Human Development Department of Health, Education, and Welfare 601 East 12th Street Kansas City, Missouri Dear Mr. Mudge-Lisk: The 1975 Kansas Legislature enacted House Bill 2543, section…

June 24, 1975 Opinion No. 75- 269 The Honorable Robert Whittaker State Representative Augusta Plaza Augusta, Kansas 67010 Dear Representative Whittaker: You inquire concerning a practice of Beech Aircraft Company, whereby a company nurse is dispatched to visit the homes of employ…