Kansas AG Opinions — 1986

ROBERT T. STEPHAN ATTORNEY GENERAL April 14, 1986 ATTORNEY GENERAL OPINION NO. 86- 53 The Honorable Wint Winter, Jr. State Senator, Second District Capitol, Room 120-S Topeka, Kansas 66612 The Honorable Dale Sprague State Representative, Seventy-Third District Capitol, Room 112-S…

ROBERT T. STEPHAN ATTORNEY GENERAL April 8, 1986 ATTORNEY GENERAL OPINION NO. 86- 52 The Honorable Robert J. Vancrum State Representative, Twenty-Ninth District Room 115-S, State Capitol Topeka, Kansas 66612 Re: Constitution of the State of Kansas--Legislative-- Organization and …

A petition, prepared and filed pursuant to K.S.A. 72-8801 which does not meet the requirements of K.S.A. 25-3601 et seq., is invalid and has no effect in preventing a capital outlay levy from taking effect. Furthermore, even though a petition is valid under the requirements of K.S.A. 1985 Supp. 25-3602, it must in addition correctly identify the resolution which it challenges in order to legally protest the resolution. Cited herein: K.S.A. 25-3601; K.S.A. 1985 Supp. 25-3602; K.S.A. 72-8801.

ROBERT T. STEPHAN ATTORNEY GENERAL April 7, 1986 ATTORNEY GENERAL OPINION NO. 86- 50 Harley T. Duncan Secretary Kansas Department of Revenue State Office Building, 2nd Floor Topeka, Kansas 66612-1588 Re: Taxation -- Lottery and Pari-mutuel Wagering -- Enabling Legislation Constit…

Reports prepared by a district coroner or deputy district coroner pursuant to K.S.A. 19-1032 are public records open to inspection by any person under the Open Records Act, K.S.A. 1984 Supp. 44-215 et seq.

ROBERT T. STEPHAN ATTORNEY GENERAL April 7, 1986 ATTORNEY GENERAL OPINION NO. 86- 49 The Honorable Jack H. Brier Secretary of State 2nd Floor, State Capitol Topeka, Kansas Re: Elections--Conduct of Elections; Mail Ballot Election Act Counties and County Officers--General Provisio…

ROBERT T. STEPHAN ATTORNEY GENERAL April 3, 1986 ATTORNEY GENERAL OPINION NO. 86- 48 The Honorable Roslind Scudder Mayor, City of Newton City Administration Building P.O. Box 426 Newton, Kansas 67114-0426 Re: Laws, Journals and Public Information -- Records Open to Public -- Defi…

ROBERT T. STEPHAN ATTORNEY GENERAL March 31, 1986 ATTORNEY GENERAL OPINION NO. 86- 47 Michael P. Herrell Gypsum Township Trustee Rt. #1, Box 189-3 Derby, Kansas 67037 Re: Townships and Township Officers--Township Trustee--Powers and Duties Generally Roads and Bridges--Roads; Coun…

Pursuant to the provisions of K.S.A. 26-201, a city may appropriate private property for public purposes when such appropriation is deemed necessary by the city governing body. Accordingly, a city may acquire by condemnation property which includes a burial plot. Additionally, the owner of property condemned under K.S.A. 26-201 may not compel a city to pay the cost of removing and reinterring bodies buried upon property condemned by the city.

Under the provisions of the Kansas Tort Claims Act, K.S.A. 75-6101 et seq., a member of the Board of Trustees of Wichita State University will be provided with legal representation in, and will not be personally liable for judgments resulting from, lawsuits in which the member has acted within the scope of his employment.

Terms of teachers' contracts which are mandatorily negotiable are listed in K.S.A. 72-5413(1). Other matters are permissively negotiable if the parties agree they are properly related to professional service, the parties are willing to negotiate, and the matter is not controlled by statute. Pursuant to K.S.A. 72-5437, a teacher must give timely notice of his intent not to return the following school year. Accordingly, the date by which a teacher must notify the board of education of his decision not to continue is not negotiable and cannot be modified by contract.

The Kansas Open Records Act, K.S.A. 1985 Supp. 45-215 et seq., does not require a public agency to prepare a report in a particular form to satisfy a request for information. A public agency is only required to make available to the public those records which it makes, maintains, keeps or possesses. Further, a public agency is not required to prepare a statistical report based on information contained in records exempted under K.S.A. 1985 Supp. 44-221(a), as disclosure of these records is discretionary with the agency. Cited herein: K.S.A. 1985 Supp. 45-216; 45-217; 45-221.

ROBERT T. STEPHAN ATTORNEY GENERAL March 17, 1986 ATTORNEY GENERAL OPINION NO. 86- 42 Judith K. Stringer, Commissioner Office of Consumer Credit Commissioner 217 SE Fourth Street, 4th Floor Topeka, Kansas 66603 Re: Consumer Credit Code -- Property and Liability Insurance -- Prope…

A director of a rural water district may be employed by the district in a position which does not involve an exercise of the sovereign power of the district. Neither K.S.A. 75-4304, relating to conflicts of interests, nor the common law doctrine of incompatibility of offices would preclude such employment.

ROBERT T. STEPHAN ATTORNEY GENERAL March 14, 1986 ATTORNEY GENERAL OPINION NO. 86- 40 The Honorable Don Montgomery State Senator, Twenty-First District Capitol, Room 503-N Topeka, Kansas 66612 Re: Counties and County Officers -- General Provisions -- Home Rule; Acquisition of Rea…

ROBERT T. STEPHAN ATTORNEY GENERAL January 13, 1986 ATTORNEY GENERAL OPINION NO. 86- 4 Douglas Lancaster City Prosecutor City of Fairway Suite 1000, One Glenwood Place 9300 Metcalf Overland Park, Kansas 66212 Re: Crimes and Punishments -- Kansas Criminal Code; Preliminary -- Effe…

K.S.A. 1985 Supp. 21-3914 and K.S.A. 1985 Supp. 45-220 limit the use of information obtained from public records so as to prohibit commercial solicitation of persons whose names and addresses are of record. Using information from the tax rolls to produce land "ownership maps" is not prohibited. In this case, names and addresses taken from public records are not used to solicit those persons to purchase property or services; rather, they are used for information purposes to determine land ownership and location. Cited herein: K.S.A. 1985 Supp. 21-3914; 45-220; 45-221.

ROBERT T. STEPHAN ATTORNEY GENERAL March 14, 1986 ATTORNEY GENERAL OPINION NO. 86- 38 Gary House Sedan City Attorney 119 North Chautauqua Street P.O. Box 6 Sedan, Kansas 67361 Re: State Departments; Public Officers and Employees -- Public Officers and Employees -- Open Public Mee…

ROBERT T. STEPHAN ATTORNEY GENERAL March 14, 1986 ATTORNEY GENERAL OPINION NO. 86- 37 The Honorable Edward F. Reilly State Senator, Third District Capitol; 255-E Topeka, Kansas 66612 Re: Counties and County Officers -- Economic Development Programs -- Allocation of Mill Levy Reve…

K.S.A. 12-1220 provides that the governing body of any municipality shall annually levy a tax for the maintenance of a library "in such sum as the library board shall determine within the limitations fixed by law." K.S.A. 1985 Supp. 79- 1962 sets the limitation for a levy by any township for the purpose of establishing and maintaining a library at 2.50 mills. As long as the levy does not exceed the 2.50 mill limitation, a township board may not refuse to increase the mill levy for library purposes submitted by a township library board pursuant to K.S.A. 12-1220.

ROBERT T. STEPHAN ATTORNEY GENERAL March 10, 1986 ATTORNEY GENERAL OPINION NO. 86- 35 The Honorable Betty Jo Charlton State Representative; Forty-Sixth District State Capitol, Room 272-W Topeka, Kansas 66612 Re: Taxation -- State Gaming Revenues Fund -- Creation; Effective Date C…

An officer or agent of a duly incorporated humane society may take into custody any animal which clearly shows evidence of cruelty. K.S.A. 21- 4311. The humane society may not, however, retain custody of the animal where the owner is not prosecuted or convicted of any violation of K.S.A. 21-4310 (cruelty to animals).

K.S.A. 75-4319 provides that any motion to recess for a closed or executive session must include a statement of both the justification for closing the meeting and the subjects to be discussed. A public body adjourning to executive session pursuant to the exception for "personnel matters" must specify the subject to be discussed with a reasonable degree of specificity, although identification of the particular individual or individuals involved need not be made.

ROBERT T. STEPHAN ATTORNEY GENERAL March 7, 1986 ATTORNEY GENERAL OPINION NO. 86- 32 Eugene T. Barrett, Jr. State Bank Commissioner Banking Department 700 Jackson, Suite 300 Topeka, Kansas 66603 Re: Banks and Banking -- Banking Code; Dissolution; Insolvency -- Appointment of Spec…

A rural water district organized pursuant to K.S.A. 82a-612 et seq. as a quasi-municipal corporation is a political subdivision of the state and its activities are governmental in nature. Accordingly, a rural water district is a municipality for purposes of the Kansas Tort Claims Act and liability for claims against it arising within the scope of the act is limited to $500,000 per occurrence.

ROBERT T. STEPHAN ATTORNEY GENERAL March 7, 1986 ATTORNEY GENERAL OPINION NO. 86 - 30 Deanne Watts Hay Sloan, Listrom, Eisenbarth, Sloan & Glassman 714 Capitol Federal Building 700 Kansas Avenue Topeka, Kansas 66603 Re: Taxation--Levy of Taxes--Change in Boundary of Taxing Distri…

A county attorney is required to file the appropriate pleadings for, and appear in, proceedings following an adjudication that a child is in need of care pursuant to the Kansas Code for Care of Children, K.S.A. 1984 Supp. 38-1501 et seq. and K.S.A. 1984 Supp. 19-702. In that these services are a statutory duty, a county attorney is entitled to no additional compensation for such services.

ROBERT T. STEPHAN ATTORNEY GENERAL March 4, 1986 ATTORNEY GENERAL OPINION NO. 86- 29 The Honorable Joseph F. Norvell State Senator, Thirty-Seventh District Room 452-E, State Capitol Topeka, Kansas 66612 Re: Taxation--Kansas Retailers' Sales Tax--Tax Imposed; Interstate Commerce S…

ROBERT T. STEPHAN ATTORNEY GENERAL February 28, 1986 ATTORNEY GENERAL OPINION NO. 86- 28 Curtis E. Campbell Gray County Attorney 222 South Main Cimarron, Kansas 67835 Re: Taxation -- Listing Property for Taxation -- Listing of Cattle Held in Feedlots; Payment of Collection Fee Sy…

K.S.A. 82a-625 provides that revenue bonds issued by a rural water district pursuant to the authority granted therein "shall be exempt from taxation." Kansas state income and inheritance taxes are included in the exemption granted by this statutory language.

Under the provisions of K.S.A. 17-1902 and K.S.A. 1985 Supp. 12-2001, telephone companies may build their lines along and upon city streets (in such manner as not to inconvenience the public in the use of the street), subject to reasonable municipal regulations. Accordingly, a city may impose reasonable restrictions upon the manner and place of construction of proposed telephone lines.

ROBERT T. STEPHAN ATTORNEY GENERAL February 20, 1986 ATTORNEY GENERAL OPINION NO. 86- 25 The Honorable Joe Knopp State Representative, 67th District Capitol Building, 175-W Topeka, Kansas 66612 Re: Monopolies and Unfair Trade -- Consumer Protection -- Disclaimer or Limitation of …

ROBERT T. STEPHAN ATTORNEY GENERAL February 18, 1986 ATTORNEY GENERAL OPINION NO. 86- 24 The Honorable Ginger Barr Representative, Fifty-First District State Capitol Building, Room 112-S Topeka, Kansas 66612 Re: Crimes and Punishments -- Animals and Nuisances -- Unlawful Sales or…

Attorney General Opinion No. 79-261, which states that a city may, by local ordinance, exclude minors from the premises of establishments licensed to sell cereal malt beverages, is re-affirmed. The principles stated in that opinion apply equally to persons between the ages of eighteen and twenty- one, especially as they fall under the new minimum drinking age.

ROBERT T. STEPHAN ATTORNEY GENERAL February 17, 1986 ATTORNEY GENERAL OPINION NO. 86- 22 Mr. Rodney L. Turner County Counselor Gateway Centre II Suite 207, 4th & State Kansas City, Kansas 66101 Re: Cities and Municipalities--Port Authorities-- Dissolution Synopsis: A port authori…

ROBERT T. STEPHAN ATTORNEY GENERAL February 13, 1986 ATTORNEY GENERAL OPINION NO. 86- 21 Charles A. Peckham Rawlins County Attorney Rawlins County Courthouse Atwood, Kansas 67730 Re: Counties and County Officers -- Miscellaneous Provisions -- Office Hours of the District Court Sy…

A state or national bank which receives a deposit of state moneys is required to secure the account by a pledge of securities. K.S.A. 1985 Supp. 75-4218. Direct obligations of the United States government or its agencies are qualified securities, as are obligations insured as to principal and interest by the United States government or one of its agencies. K.S.A. 75-4201(p)(1).

The duties of the county clerk and county appraiser are statutorily prescribed but are administered at the direction of the board of county commissioners, which has the power and authority to determine and allocate how county resources are to be used and which office has responsibility for such resources. Accordingly, the county commission may establish policies concerning the use of a county computer system by the county appraiser in listing and assessing tangible property, and by the county clerk in maintaining the tax rolls thereafter.

A petition prepared and filed pursuant to K.S.A. 72- 8801 must meet the requirements of K.S.A. 25-3601 et seq. Since the petition submitted for our examination does not state any question in terms of an election, such petition would be invalid if filed in the present form.

ROBERT T. STEPHAN ATTORNEY GENERAL February 13, 1986 ATTORNEY GENERAL OPINION NO. 86- 18 Marilyn Wilson Greenwood County Clerk P.O. Box 268 Eureka, Kansas 67045 Re: State Departments; Public Officers and Employees-- Kansas Tort Claims Act--Liability of Governmental Entities; Town…

Members and employees of a municipal energy agency created under the provisions of K.S.A. 12-885 et seq. are covered by the provisions of the Kansas Tort Claims Act, including complete immunity for the functions set out at K.S.A. 75-6104, and are entitled to a legal defense in the event they are sued for acts or omissions in the scope of their employment.

ROBERT T. STEPHAN ATTORNEY GENERAL. December 29, 1986 ATTORNEY GENERAL OPINION NO. 86- 176 Kenneth M. Wilke, Chief Counsel State of Kansas State Board of Agriculture 109 SW 9th Topeka, Kansas 66612-1280 Re: State Departments; Public Officers and Employees -- Public Officers and E…

Immunity granted by a county attorney pursuant to a plea bargaining agreement is not necessarily binding on another county attorney. Evidence independent of that testified to by the defendant may be used by another county attorney in a prosecution of the defendant.

There is no exception under the Kansas Tort Claims Act which would exempt a county from liability for" claims arising from the sale of chemicals as required by the noxious weeds laws.

ROBERT T. STEPHAN ATTORNEY GENERAL December 15, 1986 ATTORNEY GENERAL OPINION NO. 86- 172 Timothy J. Chambers Reno County Attorney Law Enforcement Center 210 West First Street Hutchinson, Kansas 67501 Re: Automobiles and Other Vehicles--Uniform Act Regulating Traffic; Rules of th…

A township is given authority of condemnation for the purpose of acquiring cemetery property. However, condemnation is not a condition precedent to purchasing additional land.

Absent legislative authority, "nonreceiving" associations may not be reclassified as "receiving" association after their initial year of participation in the distribution of funds under the Firefighters Relief Act.

Although the liability for damages resulting from transportation accidents involving nuclear waste is determined by state tort law, the Price-Anderson Act, 42 U.S.C. §§2014, 2210, provides for reimbursement of these damages for all responsible parties. While the long-term clean-up costs are generally reimbursable through this insurance/indemnity system, the immediate, emergency response costs probably are not, and will be borne by the state or local government.

While cities and counties may grant economic development tax exemptions pursuant to Article 11, Section 13 of the Kansas Constitution, the Board of Tax Appeals is authorized under K.S.A. 79-213 (as amended) to examine the legal and factual basis of any such exemption and to determine its merits. Additionally, under K.S.A. 79-2 10 an economic .