Kansas AG Opinions, 1985

ROBERT T. STEPHAN ATTORNEY GENERAL May 9, 1985 49 ATTORNEY GENERAL OPINION NO. 85- Colt Knutson Riley County Attorney 6th and Humboldt, Suite 1 Manhattan, Kansas 66502 Re: State Departments; Public Officers, Employees -- Public Officers and Employees -- Open Public Meetings; Bodi…

ROBERT T. STEPHAN ATTORNEY GENERAL May 8, 1985 ATTORNEY GENERAL OPINION NO. 85- 48 Randall J. Pankratz Adrian & Epp Suite 300, Old Mill Plaza Newton, Kansas 67114 Re: Waters and Watercourses -- Groundwater Management Districts -- Annual Meetings of Eligible Voters; Affidavits of …

ROBERT T. STEPHAN ATTORNEY GENERAL May , 1985 ATTORNEY GENERAL OPINION NO. 85- 47 Stan Martin Law Offices of Martin, Hoffman & McNish 325 Broadway Abilene, Kansas 67410 Re: Cities and Municipalities -- Franchises -- Granting Franchises; Elections on Ordinance Synopsis: A popular …

A city may, through the adoption of a valid charter ordinance, exempt itself from that part of K.S.A. 3-113 which requires an election prior to the is- suance of airport improvement bonds.

No fee is authorized and no fee should be charged by a register of deeds when filing a judgment pursuant to K.S.A. 60-2201(b).

K.S.A. 1984 Supp. 41-311 provides that no liquor license of any kind shall be issued to a person who has been convicted of a violation of the intoxicating liquor laws of a state, such as driving under the influence of alcohol or selling liquor to a minor. For the purposes of this statute, a conviction under a city ordinance for offenses involving intoxicating liquor should be considered as a violation of the liquor laws of the state, and so precludes a person from obtaining a license of the types set forth at K.S.A. 1984 Supp. 41-304.

ROBERT T. STEPHAN ATTORNEY GENERAL April 26, 1985 ATTORNEY GENERAL OPINION NO. 85-43 Leland E. Rolfs Counsel Kansas State Board of Agriculture 109 SW 9th Street Topeka, Kansas 66612-1280 Re: Waters and Watercourses -- Collection, Storage and Impounding of Waters -- Construction a…

Pursuant to authority granted by Article 12, Section 5 of the Kansas Constitution, the governing body of a city may pay attorney's fees of a city official who is acquitted of criminal charges, provided the govern- ing body finds that the criminal charges arose from the discharge of an official duty in which the city had an interest, and that the officer acted in good faith.

A county counselor appointed by a board of county commissioners and whose responsibilities require some exercise of the soverign authority of the county is a county officer. As such an officer, the county counselor is a county "employee" as defined in K.S.A. 40-2302(c), and the remuneration he receives for holding the office is "wages" as defined in K.S.A. 40-2302(a).

A retired special member of the Kansas Police and Firemen's Retirement System is not prohibited, under the provisions of K.S.A. 1984 Supp. 12-5005(c), from being appointed to a position in a fire depart- ment, where the person is not specifically designated, appointed, commissioned or styled as a fireman by the city governing body.

ROBERT T. STEPHAN January 9, 1985 ATTORNEY GENERAL ATTORNEY GENERAL OPINION NO. 85- 4 John A. Lamb Director Alcoholic Beverage Control Division Department of Revenue 700 Jackson, 2nd Floor Topeka, Kansas 66603 Re: Intoxicating Liquors and Beverages -- Licensing -- Persons to Whom…

The enactment of L. 1984, ch. 96, pertaining to zoning and planning in urban counties does not render non-uniform the statutes pertaining to zoning in all other Kansas counties. Counties may not exempt from or enact substitute provisions for state statutes which are uniformly applicable to all counties. In that K.S.A. 19-2921 is part of an enactment which is uniformly applicable to all counties, it is not subject to county home rule authority pursuant to K.S.A. 1984 Supp. 19-101a.

A board of trustees of a community college lacks authority to contract to provide instruction out- side the state of Kansas.

ROBERT T. STEPHAN ATTORNEY GENERAL April 15, 1985 ATTORNEY GENERAL OPINION NO. 85- 37 John A. Lamb Director Alcoholic Beverage Control Division Department of Revenue 700 Jackson, 2nd Floor Topeka, Kansas 66603 Re: Intoxicating Liquors and Beverages -- Licensing and Regulation of …

ROBERT T. STEPHAN ATTORNEY GENERAL. April 15, 1985 ATTORNEY GENERAL OPINION NO. 85- 36 Frances W. Austin Rooks County Appraiser Rooks County Courthouse Stockton, Kansas 67669 Re: Laws, Journals and Public Information -- Records Open to Public -- Certain Records Not Required to Be…

ROBERT T. STEPHAN ATTORNEY GENERAL April 11, 1985 ATTORNEY GENERAL OPINION NO. 85- 35 Ivan D. Krug Rush County Attorney 711 Main Street LaCrosse, Kansas 67548 Re: Counties and County Officers -- County Buildings -- Acquisition; Leasing Intoxicating Liquors and Beverages -- Certai…

Pursuant to the provisions of K.S.A. 1984 Supp. 21-3914, the Kansas Fish and Game Commission may not provide a list of persons holding hunting permits to a conser- vation organization which would use the list to solicit permit holders to purchase memberships in the organization.

Kansas conservation districts are not authorized under the provisions of K.S.A. 2-1901 et seq. to pay district employees for mileage, lodging or meal expenses incurred while performing duties away from the office. However, pursuant to K.S.A. 2-1907, a supervisor of a district may be reimbursed for such expenses.

Where a municipal utility passes on to its customers a substantial refund received from a supplier, the refund must be distributed to customers on the basis of actual usage during the overcharge period. Additionally, in regard to any service area where the utility is under the jurisdiction of the Kansas Corporation Commission (K.C.C.), refund guidelines of the K.C.C. must be followed.

The common law doctrine of incompatibility of offices precludes one person from simultaneously holding the offices of city council member and county clerk.

A city personnel policy which prohibits a police officer from becoming a candidate for board member of a unified school district within the city is justified by the city's compelling interest in maintaining the integrity of its police department, and is constitutional as applied to prohibit the candidacy of a police captain.

ROBERT T. STEPHAN ATTORNEY GENERAL January 2, 1985 ATTORNEY GENERAL OPINION NO. 85- 3 Vic Miller Director of Property Valuation Fifth Floor, State Office Building Topeka, Kansas 66625 Re: Real and Personal Property -- Conveyances of Land -- Recording of Instruments Synopsis: In t…

ROBERT T. STEPHAN ATTORNEY GENERAL. March 20, 1985 ATTORNEY GENERAL OPINION NO. 85- 29 Honorable Bill Morris State Senator, Twenty-Seventh District Room 143-N, State Capitol Topeka, Kansas 66612 Re: State Departments; Public Officers, Employees-- Kansas Tort Claims Act--Indemnifi…

ROBERT T. STEPHAN ATTORNEY GENERAL March 11, 1985 ATTORNEY GENERAL OPINION NO. 85- 28 The Honorable Ivan Sand State Representative, Sixty-Sixth District Chairman, House Local Government Committee Room 183-W State Capitol Topeka, Kansas Re: Cities and Municipalities--Buildings, St…

Motor carrier inspectors are police officers or law enforcement officers within the meaning of K.S.A. 1984 Supp. 74-5602(e) if their duties include prevention or detection of crime and the enforcement of criminal or traffic laws. As law enforcement officers, motor carrier inspectors are subject to the training requirements of K.S.A. 1984 Supp. 74-5607a.

The Kansas Code for Care of Children allows an indivi- dual to initiate a petition alleging a child is in need of care, and provides that said individual may retain legal counsel to present the case to a court of competent jurisdiction. The Secretary of SRS or his representative, as an individual, may file such a petition and use the agency legal staff to present the case. Such authority fulfills the federal statutory mandates. The definition of abused and neglected child as set out in the code substantially complies with the parameters of federal law.

ROBERT T. STEPHAN ATTORNEY GENERAL February 26, 1985 ATTORNEY GENERAL OPINION NO. 85- 25 Nanette L. Kemmerly-Weber Allen County Attorney Allen County Courthouse Iola, Kansas 66749 Re: Cities of the Third Class -- Election, Appointment and Removal of Officers -- Qualifications of …

ROBERT T. STEPHAN ATTORNEY GENERAL February 26, 1985 ATTORNEY GENERAL OPINION NO. 85- 24 David E. Retter Concordia City Attorney P.O. Box 676 Concordia, Kansas 66901 Re: Elections -- City Elections -- Filing Deadlines for Candidates; Filling Vacancy Cities, Second Class -- The Bo…

The mortgage registration fee is based upon the amount of the debt or obligation involved in the transaction. It is not based upon the value of the property given to secure the debt or obligation.

ROBERT T. STEPHAN ATTORNEY GENERAL February 21, 1985 ATTORNEY GENERAL OPINION NO.85- 22 Lynn E. Ebel Attorney for the Kansas State Board of Pharmacy 6602 Halsey Street Shawnee, Kansas 66216 Re: Public Health -- Healing Arts -- Restrictions on Prescribing Controlled Substances Pub…

ROBERT T. STEPHAN ATTORNEY GENERAL February 21, 1985 ATTORNEY GENERAL OPINION NO. 85- 21 The Honorable Fletcher Bell Commissioner of Insurance 420 SW 9th Street Topeka, Kansas 66612 Re: Insurance -- Health Care Provider Insurance -- Health Care Provider Insurance Availability Pla…

ROBERT T. STEPHAN ATTORNEY GENERAL February 18, 1985 ATTORNEY GENERAL OPINION NO. 85- 20 Christopher Y. Meek Cherokee County Attorney 1031 Military Avenue Baxter Springs, Kansas 66713 Re: Elections -- City Elections -- Time of Primary Elections; Uniformity of Statute Synopsis: K.…

Information gathered in the course of an investigation by the Kansas Commission on Civil Rights is confidential, pursuant to K.S.A. 44-1005, as amended by L. 1984, ch. 186, §1(e). While files of such investigations are subject to retention under the Public Records Preservation Act, K.S.A. 45-401 et seq., the confidential nature of the files is required to be maintained by the archivist.

ROBERT T. STEPHAN ATTORNEY GENERAL Feruary 18, 1985 ATTORNEY GENERAL OPINION NO. 85- 19 James B. McKay, Jr. City Attorney P.O. Box 49 El Dorado, Kansas 67042 Re: Cities of the Second Class--The Board of Commissioners-- Mayor or Commissioners Holding Other Office Elections--City E…

December 30, 1985 ATTORNEY GENERAL OPINION NO. 85- 184 Marvin R. Webb, Director Grain Inspection Department 235 S. Topeka P.O. Box 1918 Topeka, Kansas 66601-1918 Re: Grain and Forage--Inspecting, Sampling, Storing, Weighing and Grading Grain; Terminal and Local Warehouses--Lost o…

The method of selecting and retaining district magistrate judges does not violate the "one person-one vote" principle. Additionally, the provisions of K.S.A. 20-301a, K.S.A. 20-329, K.S.A. 20-336(d) and K.S.A. 1984 Supp. 20-2908, whereby district magistrate judges are elected or retained in office by county voters while exercising judicial power anywhere within a judicial district, do not violate the Equal Protection Clause of the Fourteenth Amendment to the U.S. Constitution.

Pursuant to K.S.A. 79-304, personal property in transit is required to be listed and taxed in the district where the owner resides, unless the property is intended for a particular business. In such event, the taxing district where the business is to be transacted is to be used. In the case of industrial laundries, the property is not intended for a particular business other than the cleaning, maintenance and delivery services which are performed from the home office. Accordingly, industrial laundries should list their personal property in the taxing district in which they are located, not the

A board of county commissioners' use of general fund moneys directly toward a road and bridge obligation does not violate the dictates of K.S.A. 79-2934. Although this statute prohibits a county from transferring moneys from its general fund to any other specific fund, it sets no limitations on the purposes for which moneys from the general fund can be directly spent.

Gross receipts from the sale of admissions to the Haskell County Free Fair are taxable pursuant to K.S.A. 79-3603(e). However, gross receipts from fees charged by political subdivisions, which includes the fair, for participation in sports, games and other recreational activities are excluded from taxation by the same subsection.

The state property tax imposed under K.S.A. 76-6b04 and deposited in the state institutions building fund is levied for the use and benefit of state institutions caring for persons who are mentally ill or visually handicapped or who have a handicapping hearing loss. The Kansas Soldiers' Home is a state institution caring for such persons. Therefore, moneys in the state institutions building fund may be used for improvements at the Kansas Soldiers' Home.

Regents' institutions are governed by subsections (c) and (d), but not subsection (b), of K.S.A. 79-3606. The sales tax exemption provided in K.S.A. 79-3606(c) does not apply to materials used in extraordinary "repair" of housing facilities at educational institutions, but does include minor items involved in the routine maintenance of such facilities.

Under K.S.A. 1984 Supp. 72-8213, it is a prerequisite to the closing of a school building that a majority of the voters approve such closing in a special election held for that purpose. However, that statute authorizes a school board to change the use of a school building without an election, and does not require that a school board offer in any one building six grades of elementary school, three grades of junior high, and three grades of high school. Additionally, a statute does not constitute an express or implied contract between the State of Kansas and the people of the state.

Pursuant to K.S.A. 61-2311, a sheriff upon receipt of a writ of restitution issued in a forcible detainer action shall restore the landlord to possession of the premises. No statutes authorize the sheriff to take possession of any personal property which remains on the premises, and he or she should only do so at the direction of the court in the writ of restitution or a subsequent order. Failure to obtain such judicial authorization could subject the sheriff to an action for conversion, and would further leave him or her with no legal means of recovering the costs of removal and storage.

December 16, 1985 ATTORNEY GENERAL OPINION NO. 85- 176 Laurence R. Hollis, P.A. Petroleum Building, Suite 701 Wichita, Kansas 67202-4293 Re: Cities and Municipalities -- Code for Municipal Courts; General Provisions -- Municipal Court; Place of Courtroom Synopsis: K.S.A. 12-4109 …

Electric cooperatives organized pursuant to K.S.A. 17-4601 et seq., are non-profit corporations formed for the purpose of supplying electric energy to their members and promoting and extending the use of such energy. They are private business corporations which are owned and controlled by the members who receive their services. Such cooperatives are not legislative or administrative bodies or agencies of the state or its political and taxing subdivisions, and do not receive or expend public funds. Accordingly, they are not subject to the _requirements of the Kansas Open Meetings Act.

December 12, 1985 ATTORNEY GENERAL OPINION NO. 85- 174 The Honorable Michael R. O'Neal State Representative, 104th District P.O. Box 1868 Hutchinson, Kansas 67504 Re: Constitution of the State of Kansas -- Constitutional Amendment and Revision -- Proposals by Legislature; Approva…