Kansas Attorney General Opinions

ROBERT T. STEPHAN ATTORNEY GENERAL September 14, 1992 ATTORNEY GENERAL OPINION NO. 92- 119 Thomas Powell Counsel for Unified School District No. 259 2000 Epic Center 301 North Main Street Wichita, Kansas 67202-4820 Re: Schools--Boards of Education-Change of Method of Election--Ri…

The board of county commissioners can modify contracts without being required to rebid the project as long as there is not a material change in the terms, any change is such that it could have been made before the contract had been executed, and if the change does not defeat the purpose of the competitive bidding procedure.

ROBERT T. STEPHAN ATTORNEY GENERAL September 4, 1992 ATTORNEY GENERAL OPINION NO. 92- 117 The Honorable Anthony Hensley State Senator, 19th District 2226 Virginia Avenue Topeka, Kansas 66605-1357 Re: State Departments; Public Officers and Employees -- Payroll Accounting for State…

Subsection (c) of K.S.A. 1991 Supp. 24-1219 authorizes the creation of a structure maintenance fund. A watershed district board may create the fund by passing a resolution. The statute authorizes annual deposits of funds; it does not authorize backfunding generally or for years that a structure has been in existence before the creation of the fund.

Corporations with production contracts that do not involve pork processors are exempt from the proscription against corporate ownership of farmland found at K.S.A. 1991 Supp. 17-5904. In order to qualify under this exemption a corporation must enter into a contract with a person engaged in farming for the production of agricultural products that are the subject of the production contract with the corporation. Cited here in: K.S.A. 1991 Supp. 17-5904; K.S.A. 17-5905.

Practitioners of medicine and surgery and practitioners of osteopathic medicine and surgery are authorized to diagnose psychological disorders. To the extent contrary to the discussion herein, Attorney General Opinions No. 87-184 and 92-43 are hereby modified. Cited herein: K.S.A. 1991 Supp. 65-2869; K.S.A. 65-2870; K.S.A. 1987 Supp. 74-5362; L. 1988, ch. 251, § 5.

K.A.R. 109-2-9 which permits the board to waive licensing requirements for ambulance services fails to set forth adequate standards to guide the board in exercising its discretion in granting licenses and is violative of due process. The regulation also is void because it permits the board to adopt binding policies affecting rights and obligations, without the formalities of publication under K.S.A. 77-415 et seq.

ROBERT T. STEPHAN ATTORNEY GENERAL August 20, 1992 ATTORNEY GENERAL OPINION NO. 92- 112 William M. Tuley General Counsel Johnson County Park and Recreation District 8655 College Blvd. P.O. Box 25866 Overland Park, Kansas 66225 Re: Counties and County Officers -- Parks, Museums, L…

Because the legislative means chosen to accomplish a legitimate public purpose (i.e. minimizing the accumulation of solid waste) discriminates against articles of commerce (i.e. solid waste), L. 1992, ch. 316, new sections 10, 11 and 12 must be characterized as economic protectionist measures which impermissibly burden interstate commerce. In our opinion, the state of Kansas would not be able to establish that L. 1992, ch. 316, new sections 10, 11 and 12 further public health, safety and welfare concerns that cannot be adequately served by nondiscriminatory alternatives.

A board of county commissioners-may use the trade-in procedure when disposing of property which does not exceed $50,000 in value.

Terms of office of the members of the state board of technical professions were originally set by statute and appointments made accordingly. The terms of all subsequent appointees must be made with reference to the initial terms, each commencing at the end of the preceding term. Any appointments made during a term are for an unexpired term.

ROBERT T. STEPHAN ATTORNEY GENERAL August 17, 1992 ATTORNEY GENERAL OPINION NO. 92-109 The Honorable Doug Walker State Senator, Twelfth District 212 First Osawatomie, Kansas 66064 Re: Schools--Teachers' Contracts; Supplemental Contracts--Supplemental Contracts of Employment Autho…

A sail board is a watercraft propelled by wind action upon a sail for navigation on the water and accordingly falls within the meaning of the term "vessel" as defined by K.S.A. 1991 Supp. 32-1102(a).

When a person is convicted of theft for obtaining unemployment compensation for which he is - ineligible, the trial court may not order interest pursuant to K.S.A. 1991 Supp. 44-719(b)(2) as part of restitution.

ROBERT T. STEPHAN ATTORNEY GENERAL August 17, 1992 ATTORNEY GENERAL OPINION NO. 92-106 Robert J. Watson City Attorney City Hall 8500 Santa Fe Drive Overland Park, Kansas 66212 Re: Personal and Real Property -- Public Buildings -- Architectural Accessibility Standards Act Synopsis…

An attempt by a board of education and a professional employees' organization to ratify amendments to the contracts of employment of professional employees without submitting the amendments to a vote of the professional employees pursuant to K.S.A. 72-5421 would conflict with the purposes of professional negotiation recognized by the legislature. Any provisions of an agreement conferring such authority upon a board of education and a professional employees' organization would be void and unenforceable.

The provisions, both protections and limitations, of the Kansas tort claims act apply to the board of directors of the information network of Kansas established pursuant to K.S.A. 1991 Supp. 74-9301 et seq.

A specific ad valorem tax levy may be proposed by electors under K.S.A. 12-138a if the authority for the tax is home rule power. If the specific levy is properly proposed under K.S.A. 12-138a, it must be put to a referendum, and if approved, the city must adopt it. A specific ad valorem tax may be proposed by electors under K.S.A. 12-3013 if the authority for the tax is statutory. A proposed levy is not necessarily inherently administrative in character and initiative is not precluded. Any levy adopted pursuant to initiative must be considered in determining the city's aggregate tax levy limit

Pursuant to K.A.R. 92-19-66a, purchases made without first obtaining a project exemption certificate are not entitled to sales tax exemption under K.S.A. 1991 Supp. 79-3606(d), as amended.

Persons and corporations conducting a state funded peer assistance program on behalf of a state agency are subject to the audit authority of the state insofar as such audits relate to the state funded program. The confidentiality and privilege provisions of 42 U.S.C., § 290ee-3, K.S.A. 1991 Supp. 65-4921 et seq. or K.S.A. 1991 Supp. 47-846 et seq. may be read in harmony with the access authority given the legislative division of post audit pursuant to K.S.A. 46-1101 et seq. The record closure laws

A trust company's powers do not include the authority to branch.

Leavenworth county cannot opt out of the regulation prohibiting open burning within 1,000 feet of an occupied dwelling or public roadway through their home rule powers.

ROBERT T. STEPHAN ATTORNEY GENERAL January 2, 1992 ATTORNEY GENERAL OPINION NO. 92- 1 The Honorable Edward F. Reilly, Jr. State Senator, Third District 430 Delaware Leavenworth, Kansas 66048-2733' Re: Constitution of the State of Kansas-- Miscellaneous--Lotteries; Indian Gaming R…

In reapportioning the senatorial and representative districts during its regular session in 1992, the legislature is obligated under section 1 of article 10 of the Kansas constitution to use those population figures approved and certified by the census bureau of the United States. Because the census bureau has rejected those figures contained in the post enumeration survey, the legislature is not permitted to adjust federal census figures based on information provided in the post enumeration survey.

K.S.A. 19-805d provides that a sheriff in deciding personnel issues is subject to the personnel policies and procedures established by the board of county commissioners. A person may not serve simultaneously as a city commissioner and a deputy sheriff pursuant to the prohibitions of K.S.A. 14-1302.

ROBERT T. STEPHAN ATTORNEY GENERAL August 20, 1991 ATTORNEY GENERAL OPINION NO. 91- 97 The Honorable Eric R. Yost State Senator, Thirtieth District 913 Funston Court Wichita, Kansas 67207 Re: Corporations--Agricultural Corporations --Limitations; Nonfarming Business Exception Syn…

University police officers have the authority of law enforcement officers in the areas described in K.S.A. 76-726(a)(1) and (2) and K.S.A. 22-2401a(3)(a) and (b). Such officers may exercise law enforcement powers outside of the areas described in three separate instances: (1) When in fresh pursuit of a suspect; (2) upon notification of and coordination with local law enforcement agencies; or (3) upon request of local law enforcement officers.

If the security stated in a mortgage meets the definition of "real property" for purposes of the mortgage registration tax act, an agreement to characterize it as personalty has no affect on the obligation to pay the tax. The two mortgages presented for our review secure the same indebtedness, so the tax need only be paid once.

A petition seeking to bring to an election a resolution of the board of county commissioners levying a tax of six mills for the purpose of operating a county hospital must include those items set forth in K.S.A. 1990 Supp. 25-3602. The petition must state the question which petitioners seek to bring to an election, contain a recital and verification, and provide the date of signing for each elector signing the petition.

It is our opinion that when a court awards sole custody of a child, the noncustodial parent is not authorized to obtain treatment for the child or receive confidential information about the child from a mental health center.

ROBERT T. STEPHAN ATTORNEY GENERAL August 16, 1991 ATTORNEY GENERAL OPINION NO. 91- 92 The Honorable William R. Roy, Jr. State Representative, 54th District 2316 SW Mayfair Place Topeka, Kansas 66611 Re: Legislature -- Legislative Post Audit -- Performance Audit; Acceptance or Ap…

A city has no authority to prevent licensure under the drinking establishment act, unless the applicant's premises is located in an area not zoned for such purposes. Pursuant to K.S.A. 41-301, the director of alcoholic beverage control may not issue a retailer's license for a premises located in a city or township which has elected to prohibit packaged sales.

K.S.A. 79-401 et seq. permit real estate to be placed on tax assessment rolls based upon consultation of the real estate transfer record in the office of the clerk and other documents. Although there is no general statutory authority requiring all instruments affecting title to real estate to be filed with the register of deeds' office, the deed to property sold at a judicial foreclosure sale conducted pursuant to K.S.A. 79-2801 et seq. must be recorded and filing .

ROBERT T. STEPHAN ATTORNEY GENERAL February 4, 1991 ATTORNEY GENERAL OPINION NO. 91- 9 Mr. David L. Hiebert Counsel for Oaklawn Improvement District Suite 920, Century Plaza Building 111 W. Douglas Wichita, Kansas 67202-3292 Re: Counties and County Officers--Public Improvements; …

A grant of economic development monies by a county to a local radio station, while remaining a discretionary decision, is not prohibited by first amendment constitutional principles and is permissible if such a grant furthers a valid public purpose. It is our opinion that funding a local radio station may promote a valid public purpose, however, the county must ultimately make that determination based upon the facts before it.

Section 2(b)(10) of chapter 150 of the 1991 Session Laws does not preclude endorsements by a newspaper, the publisher and editor of which is a member of the commission on governmental standards and conduct.

K.S.A. 1990 Supp. 65-2422 does not mandate the closure of death certificates which have been filed with the office of register of deeds for the purpose of terminating a life estate or joint tenancy. K.S.A. 58-501 contemplates the provision of notice to the public as a result of such filings and authorizes, but does not require, filing alternative evidence of death.

ROBERT T. STEPHAN ATTORNEY GENERAL August 6, 1991 ATTORNEY GENERAL OPINION NO. 91- 86 The Honorable Donna L. Whiteman State Representative, One Hundred Second District P.O. Box 11 Hutchinson, Kansas 67504 Re: Cities of the First Class; Commission Government--Board of Commissioner…

If the LaCrosse police officers are arresting a person for violating K.S.A. 1990 Supp. 8-1567 or any other state law, Rush county is responsible for any of the jail expenses incurred. The city of LaCrosse is responsible for the jail fees and costs incurred if the prisoner was arrested for violation of city ordinances.

A member of the state board of education who, because of redistricting, no longer resides in the district which elected the member may continue to serve on the state board of education until the member's term of office expires.

Those individuals whose contracts of employment may be voidable pursuant to K.S.A. 1990 Supp. 72-5412 are teachers, supervisors, principals, superintendents and other professional employees who are required to hold a teacher's or school administrator's certificate in any public school.

ROBERT T. STEPHAN ATTORNEY GENERAL July 17, 1991 ATTORNEY GENERAL OPINION NO. 91- 82 The Honorable Kerry Patrick State Representative, Twenty-Eighth District 10009 Howe Drive Leawood, Kansas 66206 Re: Constitution of the State of Kansas--Legislative--Subject and Title of Bills; 1…

Under a mortgage with a close-ended future advance clause, a lender may make future advances which would be secured by the original mortgage and pay no additional mortgage registration tax as long as 1) the aggregate amount of outstanding indebtedness does not at any time exceed the maximum amount stated as secured in the original mortgage and 2) mortgage registration tax has been paid on the maximum amount stated as secured in the original mortgage.

K.S.A. 75-303 does not limit the governor's authority to appoint the lieutenant governor to the position of chairman of the state parole board.

The Kansas lottery act does not authorize the commission to enter into an agreement to form or participate in a corporation which controls the lottery games through rules and regulations promulgated by the corporation's board of directors.

A classified state employee of the department of social and rehabilitation services is not required to resign from his/her job upon filing as a candidate for county attorney.