Kansas AG Opinions — 1979

Pursuant to K.S.A. 2-219, the Board of State Fair Managers may enter into a contractual agree- ment with the City of Hutchinson, Kansas, whereby said city is granted a license to construct, maintain, and use a surfaced roadway across the fairground property.

K.S.A. 1978 Supp. 44-1204, prescribing the payment of overtime compensation, is applicable to county employees, although its specific applicability to personnel in the sheriff's department depends on whether such personnel are engaged in law enforcement activities and whether part-time personnel are "employees" entitled to overtime compensation, by virtue of K.S.A. 1978 Supp. 44-1202(e)(6) and (h). *

Students attending an accredited independent institution, as defined by K.S.A. 72-6107(e), and otherwise eligible for student aid under K.S.A. 72-6107 et seq., are eligible for tuition grants thereunder regardless of the religious policy of the institution. *

If enacted, 1979 House Bill No. 2407 would violate Article 11, Section 1, of the Kansas Constitution for the reason that it would classify farm and business machinery and equipment for purposes of ad valorem taxation. *

The Kansas State Grain Inspection Department is authorized and directed to enter into contracts and agreements necessary to co-operate with fed- eral agencies to make procedures uniform in exa- mining grain and grain warehouses. Where Kansas laws impose special duties or requirements, which appear to conflict with the federal agency suggested contract, effort should be made to work out language to permit agreed exceptions. If this cannot be done, then the Kansas legis- lature should be informed of the problem and asked to consider an amendment to the laws. *

The procedure prescribed by K.S.A. 1978 Supp. 22-4704 for the adoption of rules and regulations by the Director of the K.B.I. in connection with criminal history record information does not conflict with the provisions of K.S.A. 77-415 et seq., prescribing the general procedure for promulgation of administrative rules and regulations; nor does it represent a separate and exclusive procedure. Thus, rules and regulations adopted by the Director to implement K.S.A. 1978 Supp. 22-4701 et seq. must comply with the provisions of K.S.A. 1978 Supp. 22-4704 and K.S.A. 77-415 et seq.

As stated in Attorney General Opinion No. 78-188, the assessment required by K.S.A. 1978 Supp. 74-5612 constitutes a fine and is not subject to the legal constraints against use of fees as general revenue sources. Such assessment is to be imposed by a state or municipal court in addition to such court's imposition of a fine or forfeiture of bail for criminal law violations. In determining the amount of such assessment, court costs incurred in connection with such other fine or forfeiture are not to be considered.

The hospital board may not purchase or construct a medical clinic using funds derived from a bond issue or tax levy; however, funds derived from other sources, not otherwise restricted, may be used to construct a medical clinic without an election.

The Legislature's Joint Committee on Administrative Rules and Regulations has authority to introduce legislation relative to its function of reviewing administrative rules and regulations, but such authority is not restricted to the introduction of legislation modifying, rejecting or revoking said rules and regulations.

In accordance with its Charter Ordinance No. 3A, the City Council of Haysville is obliged to entertain an appeal from an aggrieved city employee who has satisfied all preliminary requirements thereto in the grievance procedure prescribed by Section V of the Employees' Handbook, pursuant to its amendment by the city's Resolution No. 78-4.

A board of county commissioners may exercise its powers of home rule granted by K.S.A. 1978 Supp. 19-101a to call and hold an advisory election, so long as such election (1) is for a public purpose and (2) is held independently of any election that is constitutionally or statutorily authorized or required.

March 30, 1979 ATTORNEY GENERAL OPINION NO. 79-43 Mr. Olin K. Petefish Attorney at Law Petefish, Curran and Immel 643 Massachusetts Street Lawrence, Kansas 66044 Re: Schools--Boards of Education--Closing Schools Synopsis: It is the manifest legislative intent that the term "city …

March 28, 1979 ATTORNEY GENERAL OPINION NO. 79- 42 Mr. William M. Malcolm Clay County Attorney Clay Center, Kansas 67432 Re: Automobiles and Other Vehicles--Drivers' Licenses--Habitual Violators Synopsis: The district court proceeding under K.S.A. 1978 Supp. 8-290(b), requiring a…

The governing body of any city may by ordinance annex state-owned property without prior consent of the State of Kansas. However, should the City of Hays so desire, it may annex the Frontier Historical Park without formal resolution and public hearing required by statute, by obtaining the consent of the custodian of the state property, the secretary of the State Historical Society, subject to approval of the State Board of Regents.

Any person who engages in the business of electronic truth verification must be licensed as a private detective pursuant to K.S.A. 75-7b01 et seq. A law enforcement officer is prohibited by K.S.A. 75-7b02(c) from being licensed as a private detective. *

January 4, 1979 ATTORNEY GENERAL OPINION NO. 79- 4 Lyndus A. Henry County Counselor Johnson County Courthouse Olathe, Kansas 66061 RE: Mortgage Registration Tax - Home Association Annual Dues - Provision that Unpaid Dues Become a Lien - Definition of Debt. Agreements for Unaccrue…

The owner or owners of farm storage and drying equipment which is exempt from all property or ad valorem taxes levied under the laws of the state of Kansas pursuant to K.S.A. 1978 Supp. 79-201d, Third, must claim such exemption on or before March 1 of each year subsequent to 1978, in order to establish or maintain the exempt status of such property. If no claim for exemption has been filed by March 1, the assessing officer of the appropriate county is required to list and value such property for assessment and taxation.

Highway Patrol officers and other police officers are not officers of the court within the context of K.S.A. 1978 Supp. 74-5612(a). However, when- ever any such officer is furnished an appearance bond pursuant to K.S.A. 1978 Supp. 8-2107, such officer also is required by K.S.A. 1978 Supp. 74-5613 to collect the appropriate assessment specified in K.S.A. 1978 Supp. 74-5612(a).

The expense involved in the preparation of a transcript required by K.S.A. 22-3210(5) is properly a part of the costs of the criminal proceeding.

Weapons which have been used in the commission of a crime and are no longer required as evidence may be sold by order of the court having jurisdiction of the weapons without placing the weapons for sale at public auction.

K.S.A. 19-805 authorizes a sheriff to appoint a deputy for the limited purpose of serving civil process.

A city of the second class may designate a state or national bank or trust company located outside said city, but within a county in which all or part of such city is located, as an official depository of its funds.

Article 14, Section 1, of the Kansas Constitution limits the power of the legislature to submit propositions for the amendment of the Constitution. If enacted, 1979 Senate Bill No. 66, as amended by Senate Committee of the Whole, would be an exercise of legislative power in excess of such limitation, by requiring that each such proposi- tion be accompanied on the ballot by an explanatory statement as to the intent and purpose of such proposition.

Even though the provisions of K.S.A. 1978 Supp. 75-3741(b), relating to identification of sub- contractors in a general contractor's bid, is [sic] phrased with plural words and terms, it is the manifest legislative intent that a general con- tractor is required by these provisions to list a single electrical subcontractor and a single mechanical subcontractor. The bid submitted by the low bidder on the Grace Wilke Hall remodelling project at Wichita State University was in compliance with said statutory provisions.

The "continuing education" requirements imposed upon licensed real estate brokers and licensed real estate salesmen by subsectins (d) and (f) of K.S.A. 1979 Supp. 58-3006 are proper subjects of state regulation under the police power, and are valid and enforceable.

K.S.A. 79-2930 permits an allowance for unpaid taxes to be made in the amount or rate of levy prescribed in a budget adopted by a governing body under the Kansas budget law (K.S.A. 79-2925 et seq.), which allowance may not exceed 5 per- centage points over the rate of delinquency in the preceding year.

Following the amendment of K.S.A. 59-1701 in 1967, a foreign corporation may not act as fiduciary in the administration of an estate, except as authorized by K.S.A. 59-1707 and 59-1708. Since a trustee is included in the term "fiduciary" as defined by K.S.A. 59-102(2), a foreign corporation may not serve in this capacity for a non-resident decedent under the terms of a trust created under the decedent's will. K.S.A. 59-806(iii). As it dealt with K.S.A. 59-1701 prior to the 1967 amendment, Attorney General Opinion No. 61-342 is hereby withdrawn.

December 27, 1979 ATTORNEY GENERAL OPINION NO. 79 - 311 Merle R. Bolton Commissioner of Education Kansas Department of Education State Education Building 120 East Tenth Street Topeka, Kansas 66612 Re: Schools--Transportation of Students--Contracts for Payment of Mileage Synopsis:…

The application of well-recognized rules of statutory construction to K.S.A. 1979 Cupp. 17-2217 mandates that the reserve funds of a credit union with share insurance may be used only to offset losses on loans that it incurs. All other credit unions may use their reserve funds for the more general purpose of meeting "contingencies."

The provisions of 1979 House Bill No. 2205 which provide for the total exemption of certain property from taxation do not violate Article 11, Section 1, of the Kansas Constitution. How- ever, the provisions of said bill which provide for "partial exemptions" for such property, during the first four years said exemptions are to be effective, do not constitute a uniform and equal rate of assessment and taxation and are violative of said constitutional provisions.

December 27, 1979 ATTORNEY GENERAL OPINION NO. 79-309 Duane F. Johnson System Librarian South Central Kansas Library System 901 North Main Street Hutchinson, Kansas 67501 Re: State Departments--State Library--Regional System of Cooperating Libraries Synopsis: 1) A regional system…

December 27, 1979 ATTORNEY GENERAL OPINION NO. 79- 308 Col. Allen Rush, Superintendent Kansas Highway Patrol Suite 130 Townsite Plaza Building No. 2 200 East Sixth Street Topeka, Kansas 66603 Re: Automobiles and Other Vehicles--Size, Weight and Load of Vehicles--Exemptions from G…

A city-may adopt an ordinance authorizing snow- mobiles to use the city's streets, but the ordinance must restrict such use to extremely limited and exceptional circumstances, such as those specifically identified in K.S.A. 8-1585. Any ordinance which authorizes this use of city streets under other than such restricted circumstances would exceed the city's statutory authority.

A person serving as an officer for a credit union is not thereby ineligible to hold the position of administrator of the Kansas State Department of Credit Unions

Where the employment of a teacher of a unified school district has been terminated by the board of education thereof, or the board has determined not to renew such teacher's employ- ment contract, such teacher is entitled to a hearing before a three-member hearing committee, one member of which is to be selected by the teacher pursuant to K.S.A. 1979 Supp. 72-5438. The member so selected may be another teacher of the school district, and the board of education may not interfere with such selection.

There are no statutory or constitutional provisions which preclude a person from simul- taneously holding the offices of state senator and member of the Salina Airport Authority. Moreover, such simultaneous incumbency is not proscribed by the common law doctrine of incompabitility of offices.

December 26, 1979 ATTORNEY GENERAL OPINION NO. 79-303 Mr. Theodore H. Hill Sedgwick County Counselor Sedgwick County Courthouse Suite 315 Wichita, Kansas 67203 Re: Counties and County Officers--Public Improvements-- Powers of Improvement Districts Counties and County Officers--Ho…

Pursuant to the Professional Corporation Law of Kansas, K.S.A. 17-2706 et seq., shares of stock of a professional corporation may be owned by an "employee stock option trust," provided the trustee of , such trust and all participants therein are "qualified persons," as that term is defined in K.S.A. 1978 Supp. 17-2707(d). *

A director of a watershed district established pur- suant to K.S.A. 24-1201 et seq. may not at the same time be employed by the district as a paid assistant.

Provided the constitutional and procedural sentencing standards as mandated by Furman v. Georgia, 408 U.S. 238 (1972) are employed, the Kansas legislature may provide for the imposition of a life sentence without the opportunity for parole. *

Successful bids on all projects comprising a single bond issue proposition must be received and accepted before work on any one, single project can be commenced.

The obligations assumed by the Metropolitan Topeka Airport Authority in the form of assurances given and covenants entered into as a part of a grant agreement authorizing a grant award to the Authority by the Federal Aviation Administration or other appropriate federal agency constitute "liabilities" within the meaning of that term as it appears in K.S.A. 1978 Supp. 27-336. * *

A district court clerk is not liable when incorrect information is supplied to such clerk by a party seeking a garnishment order. The clerk has a duty to issue such an order, but in the absence of an error by the clerk or a garnishment re- quest which is defective on its face, the clerk has no duty to verify the information contained in such a request.

Representation by a "duly authorized representative" as used in K.A.R. 48-4-3 does not permit persons to perform functions on behalf of claimants that con- stitute the practice of law.

School buses may be used for emergency purposes pursuant to K.S.A. 48-901 et seq. where a disaster emergency has been declared according to law. Governmental entities and their employees are protected from tort liability in the perform- ance of disaster relief and recovery duties pur- suant to the Kansas Tort Claims Act and K.S.A. 48-915.

The disposition of original court records is governed by Supreme Court Rule No. 108, Relating to District Courts, as provided by K.S.A. 1978 Supp. 20-160. The procedures established there- in are exclusive, and must be complied with before district court documents may be destroyed.

December 13, 1979 ATTORNEY GENERAL OPINION NO. 79- 295 The Honorable Albert J. Jenks Mayor of DeSoto City Hall DeSoto, Kansas 66018 Re: Cities of the Third Class--Election, Appointment, Removal of Officers--Appointment of City Attorney Synopsis: If the mayor of a city of the thir…

A microfiche reader which is not activated by a machine-readable instrument in a bank customer's possession and control, and which must be operated by an employee or agent of the bank, is not a con- stituent part of an electronic information pro- cessing device contemplated by K.S.A. 1978 Supp. 9-1111, and is not authorized by law to be used in connection with a bank's remote service unit.

When a road is admitted into the county road system pursuant to K.S.A. 1978 Supp. 68-506, the board of county commissioners may classify it as a "township road," leaving the township responsible for its repair and maintenance. Once such a classification is made, however, the only power left to the county with respect to the upkeep of such roads is that held by the county engineer. While additional work may be required before a road in a platted addition, subdivision or other platted area is admitted to the county system, roads through non-platted areas may be admitted and assigned as township

The enactment of, or amendment to, a municipal zoning ordinance is not a "project" within the meaning of K.S.A. 75-2724 requiring opportunity for the state historic preservation officer to comment.