Kansas Attorney General Opinions

The duties of the township clerk are set forth in Article 5 of Chapter 80, Kansas Statutes Annotated, and include the custody of the records, books and papers of the township and the filing and recording of documents as are required by law. Compensation for the clerk is set by K.S.A. 80-302. Furthermore, the doctrine of incompatibility of offices does not preclude additional compensation arising out of the employment of the clerk for duties (e.g. road maintenance).

December 11, 1981 ATTORNEY P7NERAL OPINION NO. 81- 271 M. T. Bringle Sheriff of Labette County Labette County Courthouse Oswego, Kansas 67356 Re: Intoxicating Liquors and Beverages -- Kansas Liquor Control Act; Cereal Malt Beverages -- Sale, at Retail; Forbidden on Certain Days S…

Although the provisions of chapter 36 of the 1981 Session Laws of Kansas will result in an unusually large number of motor vehicle registrations at the end of calendar year 1981 and, correspondingly, will also result in an unusually large amount of money for that time of year in the special fund created under K.S.A. 1980 Supp. 8-145, any balance remaining in that special fund at the end of calendar year 1981 must be withdrawn and credited to the county general fund.

October , 1981 ATTORNEY GENERAL OPINION NO. 81-233 Mr. Lauren V. Gray Chairman Saline County-City-Board of Education Building Authority 303 West Ash, Room 209 Salina, Kansas 67401 Re: Cities and Municipalities -- Interlocal Coopera- tion -- Establishment of Joint Fund for Future …

October , 1981 ATTORNEY GENERAL OPINION NO. 81-224 The Honorable Gerald Friedeman State Representative, One Hundred-Twelfth District 2603 Forest Great Bend, Kansas 67530 Re: State Departments; Public Officers, Employees -- Municipal Accounting Board -- Obtaining Audit of a Third …

Moneys in the special alcohol programs fund created by K.S.A. 1980 Supp. 79-41a04 may not be expended for capital improvements.

September10,1981 ATTORNEY GENERAL OPINION NO. 81- Robert L. Elliott Consumer Credit Commissioner Suite 1114, 535 Kansas Ave. Topeka, Kansas 66603 Re: Consumer Credit Code -- Finance Charges -- Addi- tional Charges Not Included Therein Synopsis: A lender who enters into a consumer…

By reason of the death of the incumbent county treasurer of Clay County who was re-elected to a regular term commencing in October, 1981, the person who has been appointed to fill the vacancy holds office for the balance of the unexpired term and, as required by K.S.A. 19-504, "until a succes- sor is elected and qualifies." Being a de jure officer, by virtue of these statutory provisions, the person so appointed will hold office until a successor is elected at the general election in November, 1984, and until such successor qualifies for office by taking the oath of office and filing a suffici

The disregard of the Policy and Procedures Manual of the Kansas Board of Regents does not require the invalidation of otherwise lawful actions of the Board in fixing tuition, fees and charges as authorized by K.S.A. 76-719. In addition, the fixing of tuition, fees and charges at state educational institutions need not be accomplished by rules and regulations complying with K.S.A. 1980 Supp. 77-415 et seq.

Persons employed by the Kansas State Park and Resources Authority who do not offer engineer- ing services to the public are not subject to the licensing requirements of K.S.A. 1979 Supp. 74-7001 et seq. Statutes

The expungement provisions of K.S.A. 1979 Supp. 21-4619 and 12-4516 are not applicable to the records of the Division of Vehicles which record a motorist's refusal to submit to chemical test pursuant to K.S.A. 1979 Supp. 8-1001 unless such expungement is necessary to preserve a basic constitutional right of the individual. *

Meetings of teachers with a majority of a quorum of the membership of a school board for the purpose of dis- cussing school district business is subject to the requirements of the Kansas Open Meetings Act, K.S.A. 75 4317 et seq. Any person request- -

The reservation of a "non-participating mineral interest" in a deed conveying real property does not affect a severance of the minerals from the fee, and, therefore, there can be no separate taxation of the mineral interest under K.S.A. 79-420.

December 1, 1980 State Boards GENERAL OPINION NO. .2 S- Y Dr. Lois Rich Scibetta, R.N. Executive Administrator Kansas State Board of Nursing 503 Kansas Avenue, Suite 330 Topeka, Kansection Re Boards, Commissions and Authorities--Board of Nursing--Registertion Open to Public Inspe…

The Kansas Open Meetings Act applies to work sessions of the Louisburg City Council where the topics of f discussion include the business or affairs of the city council. The Act does not require minutes to be kept unless an executive session is held in which case the information specified in K.S.A. 1979 Supp. 75-4319{a) must be included in the minutes of the body.

The provisions of K.S.A. 9-1407 exempt from the requirements of K.S.A. 1979 Supp. 9-1402, that securities be provided on local public funds deposits, only that portion of any such deposit that is insured by the Federal Deposit Insurance Corporation. To determine the amount of such deposit for which securities must be provided by the depository bank, the amount of FDIC insurance coverage of such deposit is subtracted from the total amount of the deposit. Cited herein: K.S.A. 1979 Supp. 9-1402, K.S.A. 9-1407.

Dissemination of data pertaining to violations of traffic laws and ordinances is not prohibited by the Kansas Criminal History Record Information Act (K.S.A. 1978 Supp. 22-4701 et seq.). The "Narrative" section of the Kansas motor vehicle accident report form is not exempt from public inspection, but rather is open for public inspection in accordance with K.S.A. 8-1611(b). The Legislature's passage of 1979 House Bill No. 2034 limits the dissemination of arrest-citation data contained in motor vehicle accident reports and necessitates modification of public inspection procedures described in At

Public building under K.S.A. 12-1736 is construed to mean any permanent edifice enclosed with walls and a roof to accommodate public officers and business. *

A person arrested in Kansas on the basis of an out-of- state parole violation warrant may be admitted to bail by bond in the discretion of the judge of the court having jurisdiction of the matter. The person may not be admitted to bail by bond if the underlying offense is one which is punishable by death or life imprisonment under the laws of the state in which the offense was committed.

In the exercise of its police power, a city may regulate the installation of electrical wiring or equipment within the city's corporate limits, so long as that regulation is reasonably related to the public health, safety or morals.

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.

Where an application for registration of a service-mark is filed with the Secretary of State, and the mark for which registration is sought pursuant to K.S.A. 81-111 et seq. does not uniquely identify the services offered by the applicant and distinguish them from services offered by others, or the mark is merely descriptive of such services, registration should be denied. *

The general public should have access to information contained in jail calendars which is not by law specifically declared confidential. *

A chance meeting at which public business or affairs are discussed by a majority of a quorum of the county commission is not required to be open to the public. And, in addition, in order for a meeting of a public body to be subject to the requirements of the Open Meetings Act, it is not necessary that business be formally transacted.

K.S.A. 9-504 through 9-505c place specific restrictions and limitations on bank holding companies. A bank holding company is prohibited from acquiring ownership or control of any voting shares of any company which is not a bank and from engaging in non-banking business, i.e., any business other than that of banking or of managing or controlling banks or of furnishing services to or performing services for any bank of which it owns or controls 25% or more of the voting shares. Such statutory prohibitions preclude a bank holding company from establishing a subsidiary to engage in mortgage leasin

The provisions of Wichita Municipal Code §§5.30.010 et seq. which require hospital personnel to report treatment of emergency cases to the police department are not in conflict with or preempted by the Kansas Child Protection Act as established in K.S.A. 1978 Supp. 38-716 et seq.

June 4, 1979 ATTORNEY. GENERAL OPINION NO. 79- 102 Mr. William L. Frost City Attorney City Hall -11th and Poyntz Manhattan, Kansas 66502 Re: Cities and Municipalities--Public Improvements-- Exercise of Home Rule Power Synopsis: A change in a city's classification from second clas…

Mortgage and trust indentures entered into incidental to industrial revenue bond issues and submitted for registration to the appropriate register of deeds are not subject to the mortgage registration fee provided under K.S.A. 79-3102.

February 10, 1 978 ATTORNEY GENERAL OPINION NO. 78- 64 Lyndus Henry County Counselor Box 31-A Olathe, Kansas 66061 RE: Mortgage Registration - Exemptions - Subsequent Mortgages including first mortgage debt - Neces- sity of same lender. K.S.A. 79-3102(3). SYNOPSIS: To prevent the…

It is the obligation of the contracting public agency to assure that its contractor pays the wages required by K.S.A. 44-201 by prescribing the applicable wage rates at the outset of the contracting process, announc- ing those wage determinations in specifications seeking competitive bids, and to incorporate those rates in the final contract documents.

A citation properly issued pursuant to K.S.A. 1977 Supp. 8-2106, may serve as a legally sufficient com- plaint for violations of those statutes regulating traffic, including those not found in Kansas Statute Annotated, Chapter 8.

K.S.A. 79-2930 permits an allowance to be made in the amounts or rates of levy prescribed in a budget adopted by a governing body under the Kansas budget law for unpaid taxes, which allowance may not exceed one hundred five percent of the rate of delinquency in the preceding tax year. * *

The industrial fund created pursuant to K.S.A. 12-1617h may be used to purchase industrial sites to be used for sale or lease to private corporations. *

MAIN PHONE 1913) 296-2215 October 10, 1978 CONSUMER PROTECTION' 296-3751 ATTORNEY GENERAL OPINION NO. 78- 323 The Honorable Patrick J. Hurley Majority Leader of the House Kansas House of Representatives 3rd Floor - State Capitol Topeka, Kansas 66612 Re: Minimum Wage and Maximum H…

There being no express statutory procedure governing the sale of a township hall not involving the sale of the land on which it is located, the township trustee may in the exercise of the general powers of that office at K.S.A. 80-109 negotiate and enter into a contract for the sale and removal of the building, or for the dismantling thereof and the sale of materials.

Courses which are offered on the premises of a federal military reservation which is located within the State of Kansas by an institution of postsecondary education which is chartered, incorporated or otherwise organized, and the main campus of which, is located, outside this state are not subject to the registration requirements of ch. 87, L. 1978. * *

A community junior college may offer courses which have not been approved by the State Board of Education, so long as no tuition is charged therefor, and no credit hour state aid, out-district state aid and out-district tuition is charged therefor. Such courses may not be computed in determining the "budget per pupil" under K.S.A. 1977 Supp. 71-611.

ATTORNEY GENERAL OPINION NO. 78- 229 Mr. Daniel A. Young County Counselor 7 West 11th Street Lawrence, Kansas 66044 RE: Mortgage Registration Tax - UCC Financing Statement - Regular UCC Chattel Filing - Executory Land Sale Contract Proceeds Listed As Collateral With Land Identifi…

A city may make expenditures from its industrial fund, created pursuant to K.S.A. 12-1617i, for the purpose of inducing a company which is already located there to locate an expansion or addition to its facilities in that city rather than elsewhere. *

No petition pursuant to section 10 of 1978 Senate Bill No. 975 may be accepted for filing by the county elec- tion officer prior to July 1, 1978. No signature on any petition filed on or after that date should be re- jected or not counted because the date of such signature precedes July 1, 1978. *

It is not a part of the official duties of a sheriff or of sheriffs' deputies to serve extrajudicial notices such as notice given by a landlord or tenant to the other terminating tenancy under K.S.A. 58-2570. *

Seized or abandoned property not connected with District Court proceedings which remain in the custody of the Topeka Police Department or other City Department for a period of three (3) months and remains unclaimed may be sold at public auction as provided by Topeka City Ordi- nance #13781. Property seized by the Topeka Police Department which is or may be used as evidence in a District Court proceeding comes under the jurisdiction of the District Court and the disposition of such property shall be governed by K.S.A. 22-2512. *

The Uniform Commercial Code, on secured trans- actions, applies only to transactions which create a security interest in personal pro- perty or fixtures as defined in the act. It does not apply to the creation of a sale or mortgage of real estate. Where a UCC financing statement lists as collateral the assignment, with right of reassignment, of borrower's rights and interest in and to an unrecorded purchase contract of specifically described real estate, it cannot be received and filed by the Register of Deeds.

No provision of 1976 power plant siting act, K.S.A. 1977 Supp. 66-1,158 et seq. prohibits the sale of gen- erating capacity in a plant constructed without a permit which is exempt from the permit process because of K.S.A. 1977 Supp. 65,-1,169, the grandfather clause. The Kansas Corporation Commission appears to have no authority to compel by affirmative order the merger of two utilities holding certificates of convenience and necessity in this state, or to compel the sharing of generating capacity, in the exercise of its general supervision and control of electric utilities in this state.

The question of licensing the sale at retail of alco- holic liquor by the package may be submitted by the city governing body only at the time of the city general election held on the first Tuesday in April. * *

K.S.A. 44-201 applies to contracts of the Kansas Turn- pike Authority. * *