Kansas Attorney General Opinions

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.

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. *

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.

February 4, 1975 Opinion No. 75-38 Mr. Richard H. Rumsey Rumsey, Cox & Rickey 1041 North Waco Wichita, Kansas 67203 Dear Mr. Rumsey: As counsel for the City of Cheney, you inquire concerning two proposed ordinances, one being a charter ordinance. The proposed charter ordinance ex…

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 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. *

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 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

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. *

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.

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 …

February 3, 1975 Opinion No. 75- 37 Dr. Herman D. Lujan, Director Division of State Planning and Research Department of Administration Topeka, Kansas 66612 Dear Dr. Lujan: You inquire concerning §§ 15 and 16, ch. 350, L. 1974, amending K.S.A. 74-6102 and -6103, respectively. Unde…

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.

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.

The admittance of duly authorized representatives of the secretary of the Kansas state department of health and environment for the purpose of conducting legally required inspections of property and premises may not be conditioned upon the signing of a guest register or of a purported waiver of liability for negligence.

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

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…

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…

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.

February 4, 1975 Opinion No. 75-36 Mr. Keen K. Brantley County Attorney 325 Main Street Scott City, Kansas 67871 Dear Mr. Brantley: You have inquired of this office whether the Scott City may hire the Scott County Sheriff to serve as the Scott City Chief of Police. As I understan…

Levies made by the City of Topeka to fund the budget of the Topeka Recreation Commission in respect of KPERS and OASI contributions on behalf of employees of the Topeka Recreation Commission are exempt from the aggregate levy limitations of K.S.A. 1974 Supp. 79-5001 et seq. * *

The direction of K.S.A. 25-3801 that the county chairman shall promptly fill vacancies in the offices of precinct committeeman or committeewoman is directory and not mandatory, and delay in making such appointments does not deny persons so appointed the legal title to the offices of pre- cinct committeeman and committeewoman involved. The district convention held pursuant to K.S.A. 25-3902 may be held within or without the legal boundaries of the legislative district in which the vacancy is to be filled. *

September 12, 1975 ATTORNEY GENERAL OPINION NO. 75- 357 Mr. Jerry Powell Executive Director Public Employee Relations Board 701 Jackson - Offices 202-204 Topeka, Kansas 66603 Re: Public Employer-Employees Relations Act -- Impasse Procedures Synopsis: Where an election by the memb…

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.

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.

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. *

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. *

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. *

February 3, 1975 Opinion 75- The Honorable Joseph C. Harder State Senator Senate Chamber - 3rd Floor State Capitol Building Topeka, Kansas 66612 Dear Senator Harder: You inquire whether the Legislature has the power to amend, modify or revoke rules and regulations adopted by the …

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.

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.

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…

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.

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.

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.