Kansas AG Opinions, 1975

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 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.

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. *

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. *

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.

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. *

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 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.

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.

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…

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. *

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. *

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

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. *

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.

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.

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. *

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. *

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. *

In determining when the 20-year period of time begins for purposes of selling a school building pursuant to K.S.A. 72-8212, the date the con- struction on the most recent addition to the building was completed, is determinative of whether the building must be sold for at least three-fourths of its appraised value.

The restrictions applicable to the name of a savings and loan association contained in K.S.A. 17-5222, 17-5223, and of particular relevance here, K.S.A. 17-5224, continue to apply to an existing savings and loan association which seeks a change of name pursuant to K.S.A. 17-5226 and K.S.A. 17-5227.

October 2, 1975 ATTORNEY GENERAL OPINION NO. 75-385 Mr. Edward F. Horne City Attorney Fick, Myers and Horne Union National Bank Tower Manhattan, Kansas 66502 Re: Corporations--Urban Renewal Law--Laws, Journals and Public Information--Official Public Records Open to Inspection--Ex…

Provisions of K.S.A. 32-156a and -156b, as amended, were designed to adopt the provisions of the Federal Migratory Treaty Act and prosecutions under the same may be appropriately filed in county courts in this state.

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. *

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.

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.

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. *

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 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.