Kansas Attorney General Opinions

The Kansas Life and Health Insurance Guaranty Association Act does not apply to Blue Cross- Blue Shield or. Health Maintenance Organization policies or contracts or to policies or contracts issued by fraternal benefit associations which do not meet the qualifications of an insurance company as defined by the Kansas Supreme Court and those which are specified in K.S.A. 40-202.

November 11, 1975 ATTORNEY GENERAL OPINION NO. 75- 427 Mr. B. V. Hampton Hampton, Murray & Hampton Law Offices Drawer H - Professional Building Pratt, Kansas 67124 Re: Schools--Teachers' Contracts-, -Bargaining Unit Determination--Regular, Part-time Classroom Teachers Synopsis: K…

Defense expenses incurred under K.S.A. 1974 Supp. 75-4360 may lawfully be paid only by the State Finance Council from funds appropriated to it for that purpose, which funds do not include the state emergency fund, such legal defense expenditures not being permitted therefrom under K.S.A. 75-3713.

The investment of bond proceeds not currently needed by the issuing municipality is governed solely by the provisions of K.S.A. 1974 Supp. 10-131. * *

In the publication of a list of properties subject to sale for nonpayment of taxes pursuant to K.S.A. 79-2303, the county treasurer may delete from the list upon second or third publication those properties upon which taxes have been paid subsequent to the first publication.

The decision to limit animal pens to 300 ft. from a residence is not a valid or reasonable administrative requirement when not coupled with a public health problem. *

A licentiate of a denominational body is a per- son who may be duly authorized to be an officia- ting person at a marriage. Upon the filing of credentials of license by a person found to be a duly authorized officiating person, the judge of the probate court shall record the same and give to such person an instru- ment evidencing proof of such filing.

Any private employment agency, as that term is defined by K.S.A. 44-401, doing business in the state of Kansas must be licensed by the Kansas Department of Labor (as provided in K.S.A. 44-401) and shall not charge applicants for its services any fee exceeding the limit set out in K.S.A. 44-407. *

The provision of K.S.A. 72-8309 for the withholding of distribution from the county school foundation fund as a penalty for transportation of students in violation thereof has been effectively superseded, voided and repealed by provisions of the Kansas School District Equalization Act, K.S.A. 1974 Supp. 72-7030 et seq.

February 6, 1975 Opinion No. 75- 42 Mr. C. V. Reed Superintendent of Schools Unified District No. 320 815 Fifth Wamego, Kansas 66547 Dear Mr. Reed: You advise that Unified School District No. 320 presently leases a school building from the Catholic parish. Terms of the lease comp…

Under extant decisions of the Kansas Supreme Court, a Kansas municipality has no authority to engage in a commercial venture solely for profit, and the City of Kansas City, Kansas, has no authority to construct and operate a cable television system for profit absent a judicial determination that such an undertaking is not prohibited by previous decisions of the Court. *

The statutory language of K.S.A. 72-4433 and applica- tion of the definitions found in K.S.A. 72-4430 to the tuition formula contained therein do not allow the State Board of Education to establish different rates of tuitions for post-secondary students when the basis for that differential is contingent upon whether one is enrolled in day or evening programs.

Service of garnishment orders upon the State of Kansas must be made, pursuant to K.S.A. 1974 Supp. 60-304(d), upon the Attorney General or an Assistant Attorney General.

A court may modify the duration of a restricted driver's license within the maximum time limit. A court may restrict that license to such uses, places and conditions as the judge deems neces- sary.

A city or county may, in the exercise of its constitu- tional or statutory powers of self-government, respec- tively, submit the question of a levy for services to the elderly to the voters on the initiative of the governing body, without the filing of a petition there- for, and any such levy approved at such election on the basis of the proposition submitted as specified and set forth in K.S.A. 1974 Supp. 12-1680 as amended is exempt from the aggregate levy limitations of K.S.A. 1974 Supp. 79-5001 through -5016.

A newspaper is not necessarily published at the place where it is printed. Although printed at one location, if it is first issued for distribution by mail or otherwise at another location, such other location may be deemed the place of publication. *

The present methods used by the Board of Trustees to disclose the rate of return on investments and the manner of crediting interest to members' accounts from funds in the retirement benefit accumulation reserve are within the statutory provisions of the Kansas Public Employees Retirement Act.

A person who is lawfully appointed municipal judge pursuant to K.S.A. 14-201, and who is a resident of a city of the second class at the time of initial appointment, and who thereafter moves from the city to another community within the county and who remains eligible for the office of municipal judge, does not become disqualified from holding that office by virtue of removal from the city, and reappointment by the city governing body is not necessary to be made of that individual to permit him or her to continue in that office after removal from the city.

Under decisions of the Kansas Supreme Court, Kansas cities have no authority to engage in private busi- ness, and accordingly, a city, has no authority to contract merely as an agent of a private utility company as an employee or independent contractor thereof to assist it in the conduct of its private business, including the collection of accounts payable. *

Under K.S.A. 12-1740 et seq., a city may issue indus- trial revenue bonds for construction of a highrise residential facility.

February 5, 1975 Opinion No. 75- 41 Mr. Matthew J. Dowd County Counselor Board of Commissioners Shawnee County Courthouse Topeka, Kansas 66603 Dear Mr. Dowd: You advise that it has been proposed to authorize the clerk of the Shawnee County District Court to establish and maintain…

October 24, 1975 ATTORNEY GENERAL OPINION NO. 75- 409 Mr. Tom M. Reeves Marshall County Attorney 916 Broadway Post Office Box 386 Marysville, Kansas 66508 Re: Schools--Compulsory Attendance--Private Schools Synopsis: The Kansas compulsory attendance law requires atten- dance by p…

In auditing any claim against the state presented for payment, the Director of Accounts and Reports must determine that such claim is due and unpaid, and in making that determination, the Director is entitled to exercise the right of the State as a creditor of such claimant to set-off against such claimed indebtedness such amounts as are known to him to be due to the State from such claimant in determining the final indebtedness which is due and unpaid. *

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…

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 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. *

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.

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. *

February 5, 1975 Opinion co. 75- 40 The Honorable William J. Reardon State Representative House of Representatives 3rd Floor - State Capitol Building Topeka, Kansas 66612 Mr. Thomas C. Lysaught County Counselor 511 Huron Building Kansas City, Kansas 66101 Gentlemen: We have your …

January 6, 1975 Opinion No. 75- 4 Mr. Thomas C. Lysaught County Counselor 511 Huron Building Kansas City, Kansas 66101 Dear Mr. Lysaught: You inquire concerning the filing deadline for candidates for election to the governing body of the community junior college. K.S.A. 71-1414(c…

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

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.

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. *

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. *

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.

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.

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. *

February 4, 1975 Opinion No. 75- 39 Mr. Larry D. Ehrlich Russell County Attorney Russell County Courthouse Russell, Kansas 67665 Dear Mr. Ehrlich: You inquire concerning the schedule of salaries payable to elected officials of Russell County commencing January 13, 1975. You advis…

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. *