Kansas AG Opinions, 1987

Unde the provisions of K.S.A. 1986 Supp. 79-213, the Board of Tax Appeals is authorized to examine the legal and factual basis of an economic development tax exemption granted pursuant to Article 11, Section 13 of the Kansas Constitution. However, the Board has no authority to review the advisability of granting a proposed exemption, as that policy decision has been delegated to the governing body of the city or county by Article 11, Section 13 of the Kansas Constitution. Cited herein: K.S.A. 1986 Supp. 79-213; Kan. Const., Art. 11, §13. *

ROBERT T. STEPHAN ATTORNEY GENERAL March 19, 1987 ATTORNEY GENERAL OPINION NO. 87- 49 Charles A. Peckham Rawlins County Attorney Atwood, Kansas 67730 Re: Constitution of the United States -- Fourth Amendment -- Searches and Seizures Constitution of the State of Kansas -- Bill of …

According to Kansas case law, the Kansas legislature has the power to define all beer containing less than 5% alcohol by weight as a cereal malt beverage (CMB). The legislature may allow the sale of this "5% CMB" by all entities currently allowed to sell CMB, as well as by retail liquor stores currently restricted to the sale of "strong" beer. Whether a county voted for or against the 1986 constitutional amendment allowing liquor-by-the-drink in certain establishments open to the public has no bearing on this conclusion.

In determining the limitations on a creditor's sale of insurance, a distinction must be drawn between consumer credit sales and consumer loans. A further distinction is made between consumer credit insurance and property insurance which is related to a consumer credit transaction.

ROBERT T. STEPHAN ATTOR NEY G ENERAL March 12, 1987 ATTORNEY GENERAL OPINION NO. 87- 46 The Honorable Nancy Parrish State Senator, Nineteenth District State Capitol, Room 403-N Topeka, Kansas 66612 Re: Schools -- Provisions Related to Common-School Districts -- School Attendance …

The mere fact that two members of a five-member city council in a city of the third class are married to each other does not violate the open meetings law or any other Kansas statute. Cited herein: K.S.A. 12-3002; 13-2903; 15-101; 15-106; 15-201; 15-209; 75-4317; 75-4317a; K.S.A. 1986 Supp. 75-4318.

K.S.A. 75-2701(a) does not restrict the type of party with whom the Kansas State Historical Society may arrange a sale or exchange of duplicate materials or materials outside its fields of collection. Therefore, the Historical Society may deal with private citizens in making these sales or exchanges.

Low-level radioactive waste is specifically exempted from the definition of "hazardous waste" found in K.S.A. 65-3430(f) and, as such, is not precluded from underground burial pursuant to K.S.A. 65-3458. It is likely a ban on the disposal of low-level radioactive waste in Kansas would be found inconsistent with the terms of the Central Interstate Low-Level Radioactive Waste Compact (Compact), K.S.A. 65-34a01 et seq Such a .

ROBERT T. STEPHAN AT TO RNEY GENERAL March 5, 1987 ATTORNEY GENERAL OPINION NO. 87- 42 The Honorable Dale M. Sprague State Representative, Seventy-Third District State Capitol, Room 112-S Topeka, Kansas 66612 Re: Public Health -- Healing Arts; Kansas Healing Arts Act -- Doctors o…

ROBERT T. STEPHAN ATTORNEY GENERAL March 5, 1987 ATTORNEY GENERAL OPINION NO. 87- 41 The Honorable Ben E. Vidricksen State Senator, Twenty-Fourth District State Capitol, 143-N Topeka, Kansas 66612 Re: Cities and Municipalities--Plumbing and Electrical Wiring; Plumbing and Plumber…

When a city annexes property in which a nonresident planning commissioner resides, that member's position becomes vacant. While the commission may continue to transact business so long as a quorum is present, the vacancy created by the annexation must be filled in accordance with local law and without unnecessary delay.

ROBERT T. STEPHAN ATTORNEY GENERAL January 13, 1987 ATTORNEY GENERAL OPINION NO. 87- 4 Gene Porter Barton County Attorney Barton County Courthouse P.O. Box 881 Great Bend, Kansas 67530 Re: Laws, Journals and Public Information -- Records Open to Public -- Records; Fees Synopsis: …

ROBERT T. STEPHAN ATTORNEY GENERAL February 27, 1987 ATTORNEY GENERAL OPINION NO. 87- 39 Richard S. Wetzler Leawood City Attorney Bennett, Lytle, Wetzler, Winn & Martin Second Floor, Johnson County Bank Bldg. 5100 West 95th Street Prairie Village, Kansas 66207-2584 Re: Cities and…

The constitutional provision permitting a state owned and operated lottery would allow the state to advance and market any game or combination of games as long as there is consideration, chance and a prize involved in each game.

ROBERT T. STEPHAN ATTORNEY GENERAL. February 24, 1987 ATTORNEY GENERAL OPINION NO. 87- 37 Mr. Gary F. Caldwell Clay County Sheriff P.O. Box 115 Clay Center, KS 67432 Re: Counties and County Officers -- Sheriff -- Budget; Limitation of Personnel Action Counties and County Officers…

Based upon the information you have provided, it is our opinion that the Housing Maintenance Guideline Agreement executed by certain Fish and Game Commission employees (prior to July, 1986) is a binding contract between the Commission and an employee of the Commission who occupies state-owned housing. Additionally, in our judgment the termination of the Commission's payment of utility services for state-owned housing occupied by those employees has reduced their salaries in contravention of applicable state regulations.

The passage of 1987 House Bill No. 2076, a proposed amendment to the corporate farming law, would not serve to make swine and poultry confinement facilities eligible for property tax exemptions pursuant to Article 11, Section 13 of the Kansas Constitution.

ROBERT T. STEPHAN ATTORNEY GENERAL February 24, 1987 ATTORNEY GENERAL OPINION NO. 87- 34 Robert A. Walsh Cloud County Attorney Cloud County Courthouse Concordia, Kansas 66901 Re: State Departments; Public Officers and Employees--Kansas Tort Claims Act--Employee's Defense; Costs S…

ROBERT T. STEPHAN ATTORNEY GENERAL February 24, 1987 ATTORNEY GENERAL OPINION NO. 87- 33 Marjoria Winn County Election Officer Wilson County Courthouse Fredonia, Kansas 66736 Re: Elections -- School District Elections -- Failure to Certify Vacancy on U.S.D. Board of Education Syn…

Pursuant to K.S.A. 79-1103 et seq., there is no exemption from personal property taxation upon the tangible personal property of a bank. In its capacity as receiver of a failed bank, the FDIC is liable for whatever taxes are due and owing by the failed bank.

The Kansas Conservation Commission is an agency of the state. Even though district supervisors and district employees perform functions locally, they act as members of a collective effort to conserve state resources. Therefore, they are to be considered state employees for purposes of the Kansas tort claims act. Our opinion in this matter is to be narrowly construed, as many units of government perform what are essentially parts of an overall state function. However, other such organizations are more easily analyzed by traditional tests.

ROBERT T. STEPHAN ATTORNEY GENERAL February 18, 1987 ATTORNEY GENERAL OPINION NO. 87-30 Mr. Philip H. Alexander City Attorney P. 0. Box 1567 Hutchinson, Kansas 67504-1567 Mr. Joe O'Sullivan Reno County Counselor P.O. Box 1567 Hutchinson, Kansas 67504-1567 Re: Taxation--Miscellane…

ROBERT T. STEPHAN ATTORNEY GENERAL January 9, 1987 ATTORNEY GENERAL OPINION NO. 87- 3 Judith K. Stringer Consumer Credit Commissioner 217 S.E. 4th Street, 4th Floor Topeka, Kansas 66603-3501 Re: Consumer Credit Code--Insurance; Insurance in General; Consumer Credit Insurance; Pro…

ROBERT T. STEPHAN ATTORNEY GENERAL February 18 , 1987 ATTORNEY GENERAL OPINION NO. 87- 29 Jim Pringle Sumner County Attorney Sumner County Courthouse Wellington, Kansas 67152-0497 Re: Automobiles and Other Vehicles--Uniform Act Regulating Traffic; Rules of the Road; Serious Traff…

K.S.A. 29-301 requires adjacent landowners to share the costs of erecting and maintaining partition fences. Kansas' adoption of a "fence-in" policy with respect to domestic animal trespass does not negate this duty, notwithstanding the use each landowner makes of his land.

As a condition precedent to receipt of a motor vehicle registration, K.S.A. 1986 Supp. 8-173 requires payment of all personal property taxes levied against the registrant for the preceding year. The statute does not on its face or in its application create any classification which could give rise to an equal protection challenge under the Fourteenth Amendment. Accordingly, K.S.A. 1986 Supp. 8-173 is valid under the Fourteenth Amendment to the constitution of the United States.

ROBERT T. STEPHAN ATTORNEY GENERAL February 9, 1987 ATTORNEY GENERAL OPINION NO. 87- 26 John Lamb, Director Division of Alcoholic Beverage Control Kansas Department of Revenue 700 Jackson, 2nd Floor Topeka, Kansas 66612 Re: Intoxicating Liquors and Beverages--Miscellaneous Provis…

ROBERT T. STEPHAN ATTORNEY GENERAL. February 9, 1987 ATTORNEY GENERAL OPINION NO. 87- 25 Carla J. Stovall Crawford County Attorney P.O. Box 1931 Pittsburg, Kansas 66762 Re: Laws, Journals and Public Information -- Records Open to Public -- Law Enforcement Records; Jail Book, Stan…

The statutes concerning licensure of psychologists do not require all persons engaged in the practice of psychology to be licensed. K.S.A. 1986 Supp. 74-5344. The Treatment Act for Mentally Ill Persons, however, specifically defines the term "psychologist" to mean licensed psychologist. K.S.A. 1986 Supp. 59-2902(1). Therefore, persons engaged in the practice of psychology who are not licensed can not be considered as "psychologists" under the provisions of K.S.A. 59-2901 et seq.

ROBERT T. STEPHAN ATTORNEY GENERAL February 6, 1987 ATTORNEY GENERAL OPINION NO. 87- 23 Ronald Harper Acting Secretary Kansas Department of Aging 610 West 10th Topeka, Kansas 66612-1616 Re: Courts -- Rules of Supreme Court -- Code of Professional Responsibility Synopsis: Since it…

Kansas law allows for and encourages agreements between the townships and counties for maintenance of the roads. If, however, no agreement can be reached, the county can take over maintenance in the event the township neglects proper care. Cited herein: K.S.A. 68-124, K.S.A. 1986 Supp. 68-506, K.S.A. 68-516a; K.S.A. 1986 Supp. 68-560; K.S.A. 68-561; 68-572; 68-591.

Valid liens which are not otherwise avoidable survive a discharge in bankruptcy and may be executed as provided by law after the proceedings in bankruptcy have come to an end. Judgments which are not liens upon property of the estate may not be enforced against the debtor subsequent to a discharge in bankruptcy. Penalties and interest owed on delinquent taxes are to be treated in the same manner as the tax itself, unless punitive in nature.

ROBERT T. STEPHAN ATTORNEY GEN ER AL February 5, 1987 ATTORNEY GENERAL OPINION NO. 87- 20 John J. Gillett Wilson County Attorney Wilson County Courthouse, Room 201 P.O. Box 556 Fredonia, Kansas 66736 Re: Taxation--Property Valuation, Equalizing Assessments, Appraisers and Assessm…

TheJustices and Judges; Certain Limitation SynousedThe term "salaried officer of the state," as used• - inArticle3,Section13oftheKansas Constitution, refers to any person holding a salaried state office. Common law criteria set out in Durflinger v. Artiles, 234 Kan. 502 (1983) must be applied to determine whether a person holding a specific state position is a state officer. Cit K.S.A. 25-2505, 75-4301; L. 1972, ch. 390 and Deartorator392,Kan. Const., Art. 1, S15; Kan. Const., Art. 3, §13.

ROBERT T. STEPHAN ATTORNEY GENERAL. December 31, 1987 ATTORNEY GENERAL OPINION NO. 87- 191 Tom Hanna, Director Alcoholic Beverage Control Division 700 Jackson Street Jayhawk Tower Topeka, Kansas 66603 Re: Intoxicating Liquors and Beverages--Licensing and Related Provisions; City …

Executory contracts for the sale of real estate which have the characteristics described in K.S.A. 79-3101 are mortgages of real property for purposes of the mortgage registration fee statutes. Federal land banks, which are exempt from all but real estate taxes assessed by the state, are thus exempt from the payment of mortgage registration fees upon the filing of such contracts. Similarly, production credit associations, as instrumentalities of the United States government, are exempt from mortgage registration fee requirements.

Rural water districts are entities created by statute and are subdivisions' of the state. They have authority only as conferred by the legislature. In the absence of a grant of power to do so, a rural water district may not delete the word "rural" from its name.

The senior class funds of a high school class which is merged with another school within the same district should be distributed in accordance with the nature of the property interest claimed by the students. If the students have a legitimate expectation of receiving benefits from the fund, then the moneys should be distributed to the schools actually attended. Otherwise, the moneys should be distributed to the district's senior class as designated by the board.

A private, nonprofit corporation is subject to the Kansas Open Meetings Act if it receives public funds in its operations and acts as a governmental agency in providing services to the public. As Cowley County Developmental Services and Project Independence meet both requirements, it is our opinion that the boards of directors of these organizations are subject to the Act. Cited herein: K.S.A. 75-4317; 75-4317a; K.S.A. 1986 Supp. 75-4318. * *

K.S.A. 10-1101 et.seq., the cash-basis law, does not apply to county hospital boards when managing and controlling hospital funds. However, should the hospital enter into an agreement creating a potential indebtedness of the county, the cash-basis law would apply. Kearney County Hospital may enter into an agreement with Kearney County Bank whereby the bank purchases the accounts owed to the hospital and the hospital guarantees payment of that account if such an agreement in no way creates a potential liability against the county.

The Kansas Association of Community Colleges is not prohibited by statute from using its funds which are derived from membership fees for lobbying expenses. Whether paying for lobbying expenses is otherwise a lawful purpose for the association is to be determined by the association's bylaws.

Sales tax revenue bonds issued by a city or county pursuant to L. 1987, ch. 60, §7, are subject to the interest rate limitations which apply to bonds as stated in K.S.A. 10-1109, as amended.

ROBERT T. STEPHAN ATTORNEY GENERAL. December 21, 1987 ATTORNEY GENERAL OPINION NO. 87- 184 Ms. Mary Ann Gabel Executive Secretary Behavioral Sciences Regulatory Board Landon State Office Building 900 Jackson - Room 855 Topeka, Kansas 66612 Re: State Boards, Commissions and Author…

When a county obtains an easement to create a county road thereby facilitating public travel, the extent of county interest in and authority over the land is defined by the purpose and character of the easement. When the county possesses an easement granted for a specific purpose and use, the county has no authority to grant permission for other uses outside the scope of the easement. Use of seismographic equipment to promote another public purpose that does not advance the purpose of public travel is beyond the scope of the use for which the easement was granted.

State chartered banking institutions may operate branch facilities only within the limitations of K.S.A. 1986 Supp. 9-1111, as amended. These limitations are not affected by an interpretation of federal law which allows federally chartered banks to branch in the same manner as state chartered savings associations.

Based upon the rules of statutory construction and the history and circumstances surrounding the enactment of K.S.A. 75-4321 et seq., it is our opinion that the public employer-employee relations act does not apply to court personnel, but legislative employees are included within the scope of the act's provisions.

Violations of the cereal malt beverage act are violations of the intoxicating liquor laws for purposes of issuing a license for retail sale of cereal malt beverages.