Kansas AG Opinions, 1977

A county may in the exercise of its statutory home rule powers under K.S.A. 1976 Supp. 19-101a exempt itself from provisions found in K.S.A. 1976 Supp. 19-1815 and -1869 which require an election prior to the issuance of bonds for the construction of a medical clinic.

October 19, 1977 ATTORNEY GENERAL OPINION NO. 77-340 Mr. James W. Bibb Director of the Budget Department of Administration 1st Floor - State Capitol Building Topeka, Kansas 66612 Re: Architectural Services--Negotiation--Construction Ad- ministration Synopsis: If the negotiating c…

Under Article 11, § 9 of the Kansas Constitution, nei- ther the Secretary of Transportation nor any other state agency or official may provide financial assistance to public agencies in the state for the construction of airports and airport facilities, whether the funds for the assistance derive from state sources or non- state sources, including the federal airport and airway trust fund. *

The governing body of a fire district organized under K.S.A. 19-3613 et seq. is authorized to provide a retire- ment plan for its employees. *

Bond proceeds subject to investment pursuant to K.S.A. 1976 Supp. 10-131, as amended by ch. 54, L. 1977, may be invested in shares or savings deposits of state or federally chartered savings and loan associations which are located in the investing municipality, so long as the amount invested does not exceed the insurance pro- vided therefor by the Federal Savings and Loan Insurance Corporation.

Any person who requests notice of the date, time and place of regular meetings of a governing body, the regu- lar meetings of which are held on a designated date, e.g., the first Tuesday of each month, and at a fixed time and place, is entitled to be furnished a single notice of such information, and need not be furnished individual notice prior to each regular meeting. How- ever, if a copy of the agenda of each regular meeting is requested, any agenda which is prepared for such meetings must be furnished to the requesting party a reasonable time prior to each such regular meeting.

K.S.A. 1976 Supp. 74-4509(b)(5), which exempts persons 65 years of age and older from park and recreation motor vehicle permit fees, is not unconstitutionally discrim- inatory against persons under 65 years of age who are required to pay such fees.

Title to real property which has been acquired with the proceeds of the student union satellite acquisition fund at the Emporia State University is properly vested in either the Board of Regents or the University itself, and not in the Memorial Union Corporation, a nonprofit private corporation.

The Kansas State High School Activities Association is not an eligible employer for participation in the Kansas Public Employees Retirement System.

A city which exempts all or any part of its ad valorem property tax levies from the aggregate limitations of K.S.A. 1976 Supp. 79-5001 et seq., known as the tax lid, thereby eliminates or reduces pro tanto the basis for distribution to such city of its proportionate share in the proceeds of a countywide retailers' sales tax under K.S.A. 1976 Supp. 12-177.

A city and township which contracts with a nonprofit corporation for ambulance service is eligible for re- imbursement from the county pursuant to K.S.A. 19-261. Such a contract is within the authority of the city and township. It is the responsibility of the county to determine whether the ambulance service so provided is adequate so as to require the county to withdraw its own ambulance service from the area served by the local subdivisions. If the city and township provide service for less than the entire calendar year, its share of reimbursement from the county under K.S.A. 19-261 should b

October 10, 1977 ATTORNEY GENERAL OPINION NO. 77- 331 Mr. Lester Koch Chief of Security Southeastern Kansas Regional Correctional Center Fort Scott, Kansas 66701 Re: Counties--Jails--Medical Expenses--Liability For Injury, Escape Synopsis: The cost of medical treatment provided a…

Sheriffs are required by K.S.A. 19-813 to enforce state laws in their respective counties; however, said sheriffs are not authorized to enforce local city ordinances except in those situations where the county and the city enter into a contractual agreement pursuant to K.S.A. 12-2901 et seq.

An action under K.S.A. 8-284 et seq. (Habitual Vio- lators) is a civil action. A conviction expunged or annulled under K.S.A. 12- 4515, 21-4616, or 21-4617 cannot be used in estab- lishing the requisite number of convictions required to be an habitual violator. K.S.A. 60-514 would require an action under habitual violator section to be brought within one year from when it accrues. An action under that section accrues with the commission of the last offense qualifying the offender as an habitual violator.

The territory of a taxing subdivision or district sit- uated within a regional library system is subject to the tax levied by the regional system pursuant to K.S.A. 75-2550 unless said subdivision is "supporting a library with funds of such district." The fact that a local subdivision makes a levy for library purposes does not exempt the taxable property in said subdivision from the system tax unless the proceeds of said local library levy are in fact applied to the support of a public library therein. *

Coursing, dog racing with a rabbit decoy, constitutes cruelty to animals as defined in 1977 Senate Bill No. 227, except when and as conducted by owners and occu- piers of real property pursuant to K.S.A. 32-167.

A natural mother who resides out of the State of Kansas and sends her child into Kansas to the custody of a couple, not related to the natural mother, as prospective adoptive parents of such child constitutes a "sending agency" as defined in Article II (a) of the Interstate Compact on the Placement of Children, K.S.A. 1976 Supp. 38-1201 et seq., and the sending of a child into the state under such circumstances is not exempted by the compact under Article VIII(a). * *

The cost of medical treatment provided an individual not under arrest nor in the custody of the sheriff is not the obligation of the county.

To the extent this office may determine, Kansas' "Non- game and Endangered Species Conservation Act," K.S.A. 1976 Supp. 32-501, et seq., satisfies the specified criteria for determining this state's eligibility for a Cooperative Agreement with the U.S. Fish and Wildlife Service pursuant to the federal "Endangered Species Act of 1973," 16 U.S.C. § 1535(c).

The Board of County Commissioners, under current statutes granting "home rule" and other board authorities, has full power to employ the private services of a collection agency or attorney, to assist in the collection of delinquent personal property taxes, on a straight salary or a contingent fee basis, so long as the assistant performing such services is paid directly and the county officer, in whose office such work is performed, receives no part of such salary or fee.

A soil conservation district organized under K.S.A. 2-1909 et seq. is not eligible for membership on an area or countywide planning commission established under K.S.A. 12-716 et seq.

Under K.S.A. 1976 Supp. 12-4515, a municipal court has discretion to permit or refuse to permit withdrawal of a guilty plea, or to set aside a judgment of guilty after a plea of not guilty, and may thus grant or deny applications for annulment of a conviction for violation of a municipal ordinance.

Reserve city police officers derive their law en- forcement authority pursuant to law from the same appointive process as regular full-time paid city police officers. When such reserve officers act within the scope of authority as prescribed by the chief of police or city governing body, such reserve officers exercise the same law enforcement authority as regular officers.

As provided by K.S.A. 21-3104(1)(a), the Kansas Criminal Code is applicable to all persons who commit a crime wholly or partly within this state. Individuals living in foreign states who mail worthless checks to Kansas businesses are subject to prosecution and punishment under the law of this state.

The rate of reimbursement of credit hour state aid to community junior colleges is $15.50 for all credit hours concerning which the determination date, as fixed by guidelines adopted by the State Board of Education, falls prior to July 1, 1977. Reimbursement to Washburn University pursuant to K.S.A. 1976 Supp. 72-6503 as amended by ch. 233, S 2, L. 1977, shall be made at the rate of $15.50 for all credit hours the determination of which is made prior to July 1, 1977, the effective date of the amendment increasing the rate to $16.50.

Any county which did not publish the notice required by K.S.A. 19-436 prior to adoption of its budget by August 25, 1977, may thereafter publish said notice once each week consecutively for two consecutive weeks, and levy the taxes required to fund operations of the office of assessor in excess of the aggregate levy limi- tation of the county after the expiration of sixty days if no sufficient petition in opposition thereto is filed. Tax statements may not be mailed until expira- tion of that sixty days, if said statement includes such taxes in excess of those permitted by the "tax lid." *

Under 1977 Senate Bill No. 492, a city police officer has no authority to act in any official capacity outside the corporate limits of the city except when in fresh pursuit of a suspect, when acting on property owned or controlled by the city, and when responding to a request for assistance from law enforcement officers who themselves have jurisdiction of the area involved outside the corporate city limits. The fact that city utility service is extended to an area outside the corporate city limits does not bring such property under the ownership or control of the city, within the meaning of th

County hospital funds may not be used to provide a guarantee of the personal net income of physicians de- rived by them from their private professional medical practice. *

K.S.A. 1976 Supp. 75-4333(b)(2), which prohibits a pub- lic employer from willfully dominating, interfering, or assisting in the formation, existence or administra- tion of any employee organization, does not prohibit cooperative action by the employer and furnish assis- tance to the organization which only assists the em- ployees in carrying out their independent intentions. Furnishing services, materials and facilities to an employee organization, as described herein, is not a per se violation of the Kansas Public Employer-Employee Act, K.S.A. 1976 Supp. 75-4321 et seq.

A county may proceed upon a petition filed under K.S.A. 82a-307 to clean and maintain banks and channels of both navigable and nonnavigable streams within such county. *

Where the fence to be viewed lies on a county line, the procedure for viewing prescribed by K.S.A. 29-314 should be followed. *

If an amendment to the Kansas constitution is approved by all voters casting votes thereon, it is applicable throughout the state, and not merely in those counties or cities wherein a majority of the electors approved the amendment. No city may elect to exempt itself from Article 12, S 5 of the Kansas Constitution. *

A petition to recall a local officer must contain signa- tures equal in number or not less than forty percent of the votes cast for the office to which the officer sought to be recalled was elected in the last general election at which such officer was elected. Where it is impossible to determine the total number of votes cast for a particular office, due to the method of election whereby the persons elected are those receiving the highest and next highest number of votes, the peti- tion should contain signatures equal in number to forty percent of the sum equal to the total number of votes ca

The federal Freedom of Information Act, 5 U.S.C. S 552, does not apply to records of child abuse filed with the Secretary of Social and Rehabilitation Services pursuant to the Kansas Child Abuse and Neglect Reporting Act, K.S.A. 1976 Supp. 38-711 et seq. The secretary has absolute discretion to grant or withhold access to such records to those persons enumerated in K.S.A. 1976 Supp. 38-723(b).

K.S.A. 22a-106 permits an assistant district attorney to prosecute actions in behalf of a city in municipal court to the extent that such employment does not en- croach upon his full performance of the duties and responsibilities of assistant district attorney and that such prosecution does not involve the enforcement of private legal rights of individuals. *

September 22, 1977 ATTORNEY GENERAL OPINION NO. 77-305 Mr. Terry Jay Solander Anderson County Attorney 413 1/2 South Oak Street Garnett, Kansas 66032 Re: Schools--Compulsory Attendance--Religious Objections Synopsis: A portion of K.S.A. 1976 Supp. 72-1111 authorizes the State Boa…

(1) Hospital financial records are not subject to public examination per K.S.A. 1976 Supp. 45-201. (2) Hospital boards of trustees may exercise their statutorily delegated powers autonomously. A board of county commissioners enjoys no authority to supervise or control hospital board of trustees. (3) Members of hospital board of trustees may be re- moved from office by and through ouster proceedings per K.S.A. 60-1205, et seq. *

There is no statutory authority for the proposed con- veyance by Delaware Township, Leavenworth County of the township water distribution to the City of Lansing, Kansas.

The requirement of K.S.A. 1976 Supp. 25-3602(c) that the circulator of each petition verify, at the end of each set of documents carried by such person, that the circulator personally witnessed the signing of the peti- tion by each person whose name appears thereon is manda- tory, and any petition lacking the verification is legally insufficient to authorize the calling of an election therefor.

Under K.S.A. 1976 Supp. 20-349, as amended by ch. 119, S 4, L. 1977, the board of county commissioners may review and reduce the budget of the district court. It may not decrease said budget below the aggregate budgets of 1) state courts of limited jurisdiction in said county and 2) support personnel of the district court who were paid by county funds in the 1976 calendar year. The statutory "floor" below which the board may not reduce the district court budget is fixed by the funds budgeted for these purposes in 1976, and not by the funds expended for those purposes in that year, whether the

September 19, 1977 ATTORNEY GENERAL OPINION NO. 77- 300 Alan M. Boeh Doniphan County Attorney Doniphan County Courthouse Troy, Kansas 66087 RE: Taxation - Preparation of Tax Rolls - Duties of County Clerk and County Appraiser - Resolution of Conflicts. K.S.A. 1976 Supp. 19-426, 7…

Because Jackson County had no district magistrate judge on July 1, 1977, the effective date of ch. 110, L. 1977, it is not eligible for a grant under section 12(a)(3) thereof.

Cities may pursuant to Article 12, g 5 of the Kansas Constitution, provide by ordinance for the acquisition, purchase or condlruction, furnishing and equipping build- ings together with the necessary appurtenances for the same and acquisition of sites therefore, to be used solely by the United States government, its agencies or instrumentalities, entering into /ease-purchase agree- ments with said government entities for the utilization of said facilities, and issuance of revenue bonds of the municipality to pay the cost of said facilities, to be payable solely from the operation, management o

The provisions of K.S.A. 75-4201, as amended, do not require written agreements for repurchase agreement investments made by the Pooled Money Investment Board.

The Board of Regents is authorized to enter into loan agreements under section 2 of ch. 267, L. 1977, inde- pendently of agreements between said Board and one or more colleges of osteopathic medicine pursuant to sec- tion 1 of said act for the admission of Kansas students.

An election to permit an increased levy for recreation purposes under K.S.A. 12-2904(b) and to authorize improve- ments of a trafficway pursuant to K.S.A. 12-688 may be held at the same time. Notice provisions of K.S.A. 10-120 do not apply to elections held under K.S.A. 12- 1904(b), and the 45-day provision of K.S.A. 1976 Supp. 10-120 is inapplicable to elections to be held under K.S.A. 12-688.' Both questions may be submitted on a single ballot.

K.S.A. 44-201 requires that under all contracts by the State of Kansas, counties, cities, townships, and other municipal corporations for public works, all laborers, workmen and mechanics employed thereon by the contractor or subcontractors shall be paid not less than the "cur- rent rate of per diem wages" prevailing in the locality, as defined in that section, and it is the obligation of the contracting political subdivision to assure through its contracting process in the letting of such contracts that prospective bidders are advised of the minimum wage requirements which must be paid under