Kansas AG Opinions, 1983

Computer-produced interpretations of psychologi- cal tests are not "psychological assessments." Pursuant to subsection (a) of K.S.A. 74-5344, qualified members of other professional groups (i.e., professionals who are not certified psy- chologists) may utilize psychological tests and interpretations, provided that such work is con- sistent with their training and with any applicable professional code of ethics, and provided that said professionals do not hold themselves out to the public by any title or description of services incorporating the words "psychologic," "psychologi- cal," "psycholo

The Kansas Governmental Reorganization Act, K.S.A. 12-3901 et seq., authorizes political subdivisions of the state, including counties, to consolidate offices and agencies of the subdivision in the in- terest of efficiency and to avoid duplication. Consolidation means the replacement of two or more agencies or offices with a single new office. The proposed Johnson County executive reorganiza- tion apparently does not involve consolidation and thus is not authorized by K.S.A. 12-3901 et seq.

K.S.A. 12-1029 provides that any city of the first class may adopt the council-city manager form of government pursuant to the procedure prescribed therein. The provisions of K.S.A. 12-1019, relating to acceptance of the commission form of government or the mayor-council form of government (and pre- scribing the form of the ballot for any election held thereunder), do not apply where the question of adopting the council-city manager form of gov- ernment is submitted to voters pursuant to the provisions of K.S.A. 12-184.

August 30, 1983 ATTORNEY GENERAL OPINION NO. 83- 127 Craig D. Kershner Lane County Attorney P. 0. Box 967 235 East Pearl Dighton, Kansas 67839 Re: Townships and Township Officers -- Prairie Dog Eradication -- Duty of Township Trustees; Entry onto Private Land and Assessment of Co…

The Kansas Board of Healing Arts may limit, suspend, or revoke the license of a physician for submitting false claims to insurance companies on the grounds of "immoral" or "dishonorable" conduct pursuant to K.S.A. 65-2836(b) as amended by 1983 S.B. 41.

The public electors of a county hospital district operating pursuant to K.S.A. 80-2113 et seq., may elect the district board of directors by ballot without violating the Kansas Open Meetings Act.

Utility services such as electricity, gas and water, provided solely by municipally owned or public utilities to their customers, are constitutionally protected property rights which cannot be terminated unless due process procedures of notice and the opportunity to be heard have been met.

As amended by L. 1983, ch. 37, K.S.A. 8-1567(c) provides that persons convicted for the first time for the offense of driving while under the influence of alcohol shall be sentenced to not less than 48 hours' imprisonment or 100 hours of public service. The term "imprisonment" includes not only actual incarceration in jail, but may refer to any situation in which the defendant's liberty is restrained and he or she is subject to additional sanctions should an escape be made.

Pursuant to authority granted by K.S.A. 80-1501 et seq., a township may enter into a contract for fire protection with a city, and may levy a tax for the purpose of paying compensation to the city thereunder. Such a tax, as permitted by K.S.A. 1982 Supp. 80-1503(a), is not restricted to any specified mill levy, and to the extent that the levy is one mill or less, it is not subject to the aggregate tax levy limit of 2.5 mills found in K.S.A. 79-1962. While the tax may be more than one mill, such excess will be included in the aggregate limit figure.

Ordinance No. 5380 of the city of Lawrence, which prescribes procedures for the abatement of weed nuisances, does not violate the Due Process Clause of the Fourteenth Amendment to the U.S. Constitution, is not unconstitutionally vague, does not confer arbitrary powers upon an administrative official, and is not invalid because it fails to provide for appeal of an administrative finding prior to abatement by the city.

(1) A mortgage registration fee must be collected before any mortgage of real property can be filed for record in the register of deeds' office.

August 3, 1983 ATTORNEY GENERAL OPINION NO. 83 - 112 The Honorable E. Francis Gordon Senator, First District P. 0. Box 63 Highland, Kansas 66035 Re: Public Health -- Food, Drugs and Cosmetics -- Donors of Free Food; Immunity from Liability Synopsis: 1983 Senate Bill No. 28, enact…

August 3, 1983 ATTORNEY GENERAL OPINION NO. 83- 117 The Honorable David J. Heinemann State Representative, One Hundred Twenty-Third District 2606 Carriage Lane Garden City, Kansas 67846 Re: Laws, Journals and Public Information -- Records Open to Public -- Conviction Records of C…

August 3, 1983 ATTORNEY GENERAL OPINION NO. 83- 116 William L. Edds General Counsel Department of Revenue State Office Building Topeka, Kansas 66625 Re: Laws, Journals and Public Information -- Records Open to Public -- Inspection, Access and Copying Synopsis: Section 4(d) of 198…

The Sears "Home Buyers Savings Program" is not violative of the Trading Stamp Act, K.S.A. 21-2801 et seq. However, it would be a violation of the Kansas Real Estate Brokers' and Salespersons' License Act, K.S.A. 1982 Supp. 58-3034 et seq., forarealestatelicenseoritsparentcompany to offer such program contingent upon the listing, purchase or leasing of real estate through the licensee.

The 1983 changes in K.S.A. 1982 Supp. 79-32,120, concerning the amount of federal tax liability that may be deducted in calculating state income tax liability, effective as of the beginning of the 1983 tax year, do not violate the principle of due process of law.

July 27, 1983 ATTORNEY GENERAL OPINION NO. 83 - 113 Marvin S. Steinert Commissioner Savings and Loan Department 503 Kansas Avenue, Room 220 Topeka, Kansas 66603 Re: Corporations -- Savings and Loan Association Code -- Examinations; Acceptance of Examinations Made by Federal Savin…

July 25, 1983 ATTORNEY GENERAL OPINION NO. 83- 112 Eugene C. Hegarty State Bank Commissioner 700 Jackson Topeka, Kansas 66603 Re: Banks and Banking -- Banking Code; Supervision -- Confidential Nature of Examination Records Synopsis: K.S.A. 9-1712 provides that all information gat…

Pursuant to K.S.A. 8-168, each antique motor vehicle must be registered in the county in which the owner thereof resides.

Students enrolled in any regular semester at Washburn University of Topeka need not receive 18 hours of instruction per credit hour awarded in order for the University to receive the muni- cipal university funds alloted pursuant to K.S.A. 1982 Supp. 72-6503.

The examination requirement imposed by subsection (c) of K.S.A. 1982 Supp. 58-3049, which requirement is a condition precedent to reinstatement of any real estate broker's or salesperson's license which has been deactivated for a continuous period of more than two years, is not, on its face, arbitrary, capricious or unreasonable.

July 8, 1983 ATTORNEY GENERAL OPINION NO. 83- 108 The Honorable Billy Q. McCray State Senator, Twenty-Ninth District 1532 North Ash Wichita, Kansas 67214 Re: Cities and Municipalities -- City-Manager Plan -- Adoption of Council-City Manager Plan by First Class City Synopsis: Purs…

A board member-elect may not resign his or her position on the board of education until the date upon which his or her term of office commences. An attempted resignation from such office prior to such date is abortive and ineffectual. Cited herein: K.S.A. 25-2033. *

Pursuant to the provisions of K.S.A. 2-1319 and 2-1322, a board of county commissioners must prescribe a single "price" to be charged to all landowners who desire to purchase chemicals acquired by the county for the control of noxious weeds. The price fixed by the board under the aforesaid statutes must be applied in all cir- cumstances, and the board may not require certain landowners to obtain their own chemicals, or require said landowners to pay a price other than that which is charged to all other landowners under the aforesaid statutes.

July 5, 1983 ATTORNEY GENERAL OPINION NO. 83- 105 Lawrence Foth Executive Director Advisory Council for Vocational Education Kansas State Education Building 120 East Tenth Street Topeka, Kansas 66612 Re: Federal Job Training Partnership Act--State Education Coordination and Grant…

K.S.A. 1982 Supp. 79-307b does not require a feedlot owner or operator to collect and remit property taxes on cattle owned by others and held in the feedlot for final feeding. The payment of taxes under K.S.A. 1982 Supp. 79-307b has no effect on the listing and return of livestock for purposes of taxation under K.S.A. 79-307a.

Kansas law grants broad discretion to the district court to determine conditions of probation in criminal cases. Probation conditioned upon incarceration in the county jail is not unreasonable as a matter of law or beyond the power of the district court.

June 30, 1983 ATTORNEY GENERAL OPINION NO. 83- 102 Charles V. Hamm, General Counsel Legal Division Department of Social and Rehabilitation Services State Office Building, Sixth Floor Topeka, Kansas 66612 Re: Automobiles and Other Vehicles -- Serious Traffic Offenses -- Driving Wh…

Any election which was otherwise conducted in ac- cordance with the provisions of subsection (e) of K.S.A. 12-1,101, as amended by section 1(e) of 1983 House Bill No. 2023, but which was held on April 5, 1983, was declared valid by the leg- islature in that subsection of law. As the election in Dover Township, Shawnee County, on the prop- osition set-forth in K.S.A. 12-1,101(e), as amended, is conceded to have been conducted in accordance with the provisions of that subsection of law, said election is valid pursuant to legislative declaration.

A county commissioner is not precluded from hold- ing office because his spouse owns the official county newspaper. However, the commissioner must file the required statement disclosing his finan- cial interest in the newspaper pursuant to K.S.A. 75-4301 et seq., and may not make or participate in the making of contracts with such newspaper.

June 29, 1983 ATTORNEY GENERAL OPINION NO. 83- 97 The Honorable Harold P. Dyck State Representative Ninety-Ninth District P. 0. Box 597 Hesston, Kansas 67062 Re: Corporations -- Savings and Loan Code -- Associa- tions Subject to Code; Savings Banks Synopsis: The Garn-St. Germain …

June 29, 1983 ATTORNEY GENERAL OPINION NO. 83- 100 John O'Leary, Jr. State Bank Commissioner 700 Jackson, Suite 300 Topeka, Kansas 66603 Re: Banks and Banking -- Banking Code; Powers -- Branch Banking Prohibition; Interstate Contract for Use of Remote Service Units Synopsis: K.S.…

Where Section 214 of the Staggers Rail Act of 1980 (49 U.S.C. §(KCC1), explicitly providing for the regulation of intrastate rail rates by the KCCerstate Commerce Commission, is in conflict with Kansas statutes providing for the regulation of intrastate rail rates by the State Corporation Commission, federal law must prevail, pursuant to the Supremacy Clause of the United States Constitution, Art. VI.

State appropriations to the Agricultural Hall of Fame are not violative of Article 11, Section 9 of the Kansas Constitution.

K.S.A. 75-4202 requires that a bank having a state bank account must service such account without charge to the state or any of its agencies for the disbursement of moneys from such account pur- suant to warrant, draft or check. This provision does not compel such bank to cash without charge to the person presenting it to the bank for pay- ment a warrant, draft or check drawn by the state or any of its agencies upon the state treasury.

Neither a sheriff, nor a board of county commissoners, may, as a precondition to receiving prisoners committed to a county jail by a city, require that the city covenant to hold the county and sheriff harmless, and to indemnify the county and sheriff for any civil liability arising out of the committment of city prisoners to the county jail.

June 13, 1983 ATTORNEY GENERAL OPINION NO. 83- 92 L. 0. Bengtson Attorney at Law 114 East Iron Avenue Salina, Kansas 67401 Re: Irrigation -- Districts -- Board of Directors; Filling of Vacancies Synopsis: Pursuant to K.S.A. 42-706(a), a board member of an irrigation district shal…

The United States Congress has the constitutional power to establish and control legal currency and specifically has determined that Federal reserve notes are legal tender for all debts, public charges, taxes and dues.

Pursuant to the provisions of K.S.A. 55-211a, a city may enter into an agreement for the cooperative devel- opment of oil and gas rights, provided that such an agreement serves a public purpose.

June 13, 1983 ATTORNEY GENERAL OPINION NO. 83 - 89 The Honorable Steven A. Ediger Representative, One Hundred-Fourth District 716 East 14th Street Terrace Hutchinson, Kansas 67501 Re: Counties and County Officers -- Planning and Zoning -- Subdivision of Land; Reasonableness of Re…

June 13, 1983 ATTORNEY GENERAL OPINION NO. 83- 88 Merle R. Bolton Commissioner of Education State Department of Education 120 East 10th Street Topeka, Kansas 66612 Re: Cities and Municipalities -- Investment of Public Monies -- Active Versus Idle Funds; Deposits in Interest-Beari…

A Kansas law enforcement officer may arrest without a warrant a person in Missouri for a crime committed in Kansas when the officer is in fresh pursuit of a fleeing felon, or when a felony is or has been committed in Missouri.

K.S.A. 14-201 requires the city council of a city of the second class, to consent to mayorial appoint- ments for city officials including police officers. Absent confirmation by the council, the appointee does not become a public officer of the city.

The construction of a church within 200 feet of a class A private club has no effect upon the issuance of an annual license to the club.

As provided by K.S.A. 9-1902, the State Bank Com- missioner may deem a bank to be insolvent when, among other things, the actual cash market value of the bank's assets is insufficient to pay the liabilities of its creditors. For the purposes of this statute, the term "assets" refers to the bank's capital account, bond and securities ac- counts, and other liquid items, but does not in- clude furniture, equipment, buildings or real estate.

May 24, 1983 ATTORNEY GENERAL OPINION NO. 83- 82 Loren H. Houk Attorney at Law 216 West Main Valley Center, Kansas 67147 Re: Counties and County Officers -- Fire Protection -- Creation of County Fire District; Effect on Existing Contracts of Townships and Cities Synopsis: Pursuan…

Pursuant to K.S.A. 72-5440(b), members of a due process hearing committee selected in accordance with K.S.A. 72-5438 are entitled to be paid only subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223. Such committee members are not entitled to receive compensation.