Kansas Attorney General Opinions

A limited liability agricultural company is not subject to the prohibition against the corporate ownership of farmland found in K.S.A. 17-5904, as amended. In order to qualify as a limited liability agricultural company the definitional requirements in K.S.A. 17-5903, as amended must be met. While the proposed structure described herein appears to meet all the definitional requirements, the facts as presented do not indicate whether the requirement of control of the operation is sufficiently met. For this reason our conclusion is qualified.

Since the newspaper in Grinnell, Kansas has been publishing for at least one year it may move to Scott City, Kansas and may publish Scott City's legal notices as long as it meets the requirements set forth in K.S.A. 1990 Supp. 12-1651. Cited herein: K.S.A. 1990 Supp. 12-1651; 64-101. * Dear Representative Neufeld:

K.S.A. 72-5443, as amended by L. 1991, ch. 224, § 3, is applicable to the due process procedure for teachers in those situations in which the hearing committee was formed prior to July 1, 1991, but did not issue its written opinion until after July 1, 1991.

Kansas law does not currently prohibit licensed physicians from performing abortions and, under current court decisions, the state may not prohibit abortions at any stage when the woman's life or health is at risk. The state may suggest guidelines for determining, after viability, when the woman's health is at risk, but the decision in a particular case must be left to the woman's physician. The physician's decision would be reviewable by the courts.

ROBERT T. STEPHAN ATTORNEY GENERAL February 19, 1991 ATTORNEY GENERAL OPINION NO. 91-13 The Honorable Lana Oleen State Senator, Twenty-Second District State Capitol, Room 143-N Topeka, Kansas 66612 Re: State Boards, Commissions and Authorities--Public Employees Retirement Systems…

A stillbirth certificate must be filed for every stillbirth, as defined by K.S.A. 65-2401(3), whether induced or spontaneous. Burial services conducted by anyone other than the family or religious group of the deceased must be supervised by a licensed funeral director.

Annual spouse's benefits, post retirement benefit adjustments and retirant dividend payments applicable to individuals comprising the Brazelton class are based on the amount of benefit received from the Kansas police and firemen's retirement system (KP&F). The computations for annual spouse's benefit, post retirement benefit adjustment and retirant dividend payment are not based on benefits received by the member or the spouse from social security.

ROBERT T. STEPHAN ATTORNEY GENERAL October 14, 1991 ATTORNEY GENERAL OPINION NO. 91- 127 Mr. Stan Teasley Executive Director Kansas Commission on Veterans' Affairs Jayhawk Tower, Suite 701 Topeka, Kansas 66603 Re: Public Records, Documents and Information -- Records Open to Publi…

Settlements of tort claims against a state agency or its employees must be approved by the state finance council only if payment of the settlement is to be made from the tort claims fund. Finance council "approval" of a settlement not paid from the tort claims fund has no binding effect. Cited herein: K.S.A. 75-3711c; 75-6106; 75-6109; K.S.A. 1990 Supp. 75-6117, as amended by L. 1991, ch. 182, § 6.

All of the taxable, tangible property located within a municipality at the time general obligation bonds of the municipality are issued, is primarily responsible for the payment of principal and interest on bonds issued.

Volunteer members of the Kansas department of civil air patrol 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.

An ordinance regulating abortions may be the proper subject of an initiative petition under K.S.A. 12-3013. A city may, however, refuse to place an unconstitutional initiative ordinance on an election ballot. Such a refusal is reviewable by the courts.

The renovation of the science hall and the listed improvements are an economic development project pursuant to 24 C.F.R. § 570.203. Therefore, these renovations are eligible community development block grant activities.

To the extent discussed herein the statutory classifications for determining eligibility for and amounts of reimbursement from the underground petroleum storage tank trust fund as set forth in K.S.A. 1990 Supp. 65-34,119 violate the equal protection clause of the United States constitution. Other provisions of the Kansas storage tank act are severable and therefore not affected by this opinion.

Kansas technology enterprise corporation (KTEC) does not have statutory authority with sufficient guidelines and standards to enable it to form a subsidiary corporation. The governor has only such appointing power granted by the constitution or the legislature. Cited herein: K.S.A. 1990 Supp. 74-8104; Kan. Const., art. 2, § 18, art. 15, § 1. Dear Governor Finney and Dr. Brundage:

K.S.A. 82a-1307 and 82a-1504, authorizing the legislature to disapprove and revoke water transfer decisions by the adoption of a concurrent resolution, violate the separation of powers doctrine and article 2, section 14 of the Kansas constitution.

ROBERT T. STEPHAN ATTORNEY GENERAL September 30, 1991 ATTORNEY GENERAL OPINION NO. 91- 119 The Honorable Edward F. Reilly, Jr. State Senator, Third District 430 Delaware Leavenworth, Kansas 66048-2733 Re: Constitution of the State of Kansas--Miscellaneous-- Lotteries; Indian Gami…

A city and school district having a common geographical area may utilize the procedures of K.S.A. 12-3901 et seq. to provide for the consolidation of maintenance and repair services associated with buildings and equipment owned by them.

The terms of office for members of the advisory council on aging were originally set by statute. All subsequent appointments must be made by reference to the initial terms and each term commences at the end of the preceding term. Any appointments made mid-term are for the remainder of the unexpired term. Appointments made mid-term or following the expiration of a previous term cannot be made to exceed the term set by statute. Thus, the term of the office to which the requestor was appointed expired on June 30, 1991.

ROBERT T. STEPHAN ATTORNEY GENERAL September 23, 1991 ATTORNEY GENERAL OPINION NO. 91- 116 Barbara Hinton Acting Legislative Post Auditor 1200 Merchants Bank Tower 8th & Jackson Topeka, Kansas 66612-2212 Re: Public Records, Documents and Information -- Records Open to Public -- C…

K.S.A. 76-746, the reduced-service program for regents' institutions' faculty members, discriminates against faculty members 65 years of age and older. Since it does not meet the "equal benefit or equal cost" test and is not consistent with the purposes of the age discrimination in employment act (ADEA), it is not excepted from the act pursuant to the older workers benefit protection act and would be found to violate the ADEA.

A member of the board of education for a unified school district does not make or participate in the making of a contract when casting a vote on a resolution urging the legislature to adopt or defeat proposed legislation. Therefore, such action does not constitute a statutory conflict of interest. Further, a member of the board is not prohibited by the conflict of interest statutes from voting on matters affecting students attending schools in the district despite the fact that children of the member of the board may be among those students affected.

Coffey county, may not issue its general obligation bonds to finance industrial development facilities pursuant to the home rule resolution no. 263. The county must follow the procedure set forth in Blevins v. Hiebert, 247 Kan. 1 (1990), if it wishes to issue bonds pursuant to home rule legislation.

ROBERT T. STEPHAN ATTORNEY GENERAL September 17,1991 ATTORNEY GENERAL OPINION NO. 91- 112 The Honorable Richard R. Reinhardt State Representative, Eighth District R.R. #1, Box 118 Erie, Kansas 66733 Re: Schools-Community Colleges--Organization, Powers and Finances of Boards of Tr…

A governmental entity resulting from the merger or consolidation of two political subdivisions or instrumentalities of a county is required to maintain the membership in KPERS for those employees who were previously employed by a political subdivision or instrumentality which was a participating employer under KPERS. The governing body of the governmental entity is also required to adopt a resolution for affiliation with KPERS.

A city may expend revenues from the transient guest tax to upgrade handicapped accessibility on public property in a downtown shopping area where the city governing body, in its legislative judgment, determines that such expenditure will encourage either conventions or tourism.

Neither Kansas statutes nor the common law doctrine of incompatibility of offices prohibits an individual from simultaneously serving as county treasurer and member of the board of education of a unified school district.

Under the procedures utilized by the board of trustees for Johnson county community college for entering into contracts, the signing of the contract is a ministerial function that may be delegated to an administrative official of the community college.

Architectural services sought by a unified school district are exempt from the mandatory bidding requirements of K.S.A. 1990 Supp. 72-6760, as amended by L. 1991, ch. 226, § 10. Cited herein: K.S.A. 1990 Supp. 72-6760, as amended by L. 1991, ch. 226, § 10. *

A county, as a subdivision of state government is subject to limitations imposed by an enabling act. K.S.A. 1990 Supp. 65-6113 limits how a county may reimburse a taxing district that provides ambulance service. Given that home rule cannot be used because the act is uniformly applicable, the reimbursement formula cannot be altered, short of legislative amendment.

K.S.A. 1990 Supp. 45-221(a)(24), as amended, permits discretionary closure of records that are compiled for research purposes and which pertain to identifiable individuals. Research records which pertain to identifiable individuals may include residential addresses and such addresses may therefore be closed pursuant to K.S.A. 1990 Supp. 45-221(a)(24). However, K.S.A. 1990 Supp. 45-221(d) and (e) may nevertheless require disclosure of some of the information obtained by KDHE in the process of researching radon levels in Kansas.

The general laws governing agency apply when determining who is an agent. Marking the "not sure" box of the real estate sales questionnaire will not invalidate the form.

A member of a board of education for a unified school d strict must incur an expense in order to receive payment from the school district. A board member may not receive payment for a non-transferable compensation ticket used by the board member in the performance of official duties.

Provided the activities or services of a rabbi, priest, minister, or clergy person are within the scope of the performance of such individual's regular or specialized ministerial duties, such individual need not be registered by the behavioral sciences regulatory board. The crime victims compensation board may accept as an allowance expense payable by the board a statement for counseling services provided by a rabbi, priest, minister, or clergy person who is not registered with the behavioral sciences regulatory board.

ROBERT T. STEPHAN ATTORNEY GENERAL September 3, 1991 ATTORNEY GENERAL OPINION NO. 91-102 The Honorable Sheila Hochhauser State Representative, Sixty-Seventh District 1636 Leavenworth Manhattan, Kansas 66502 Re: State Institutions and Agencies; Historical Property--State Education…

K.S.A. 66-1,150 authorizes the Kansas corporation commission (KCC) to adopt rules and regulations in conformance with the natural gas pipeline safety act of 1968 (49 U.S.C. 1671 et seq.) Conformance with this act permits the KCC to impose more stringent regulations pursuant to state authority. The regulations promulgated apply to all public gas utilities, including municipalities that are otherwise outside the KCC's jurisdiction.

Levies for county extension council employee benefit plan expenses are exempted from the limitations of K.S.A. 79-5021 et seq., and amounts produced from such levies should not be considered in computing the county's aggregate limitation.

While postage costs might initially be incurred by a county, K.S.A. 1990 Supp. 60-2003(6) and K.S.A. 1990 Supp. 28-110 permit certain service costs to be taxed against and collected from parties or attorneys utilizing a county sheriff to effectuate such service.

ROBERT T. STEPHAN ATTORNEY GENERAL January 10, 1991 ATTORNEY GENERAL OPINION NO. 91- 1 Fred W. Johnson Labette County Counselor 1805 Parsons Plaza P.O. Box 409 Parsons, Kansas 67357 Re: Elections--Recall of Elected Officials--Recall of Local Officers; Petition; Contents; Affidavi…

K.S.A. 38-1601 et the Kansas juvenile offenders code, permits a court to assess the expense of a court appointed attorney against the parents of a juvenile charged under that code. However, such an assessment is discretionary, and must be made by the court in accordance with due process and jurisdictional requirements, and should consider the financial resources of the parents.

K.S.A. 74-7031 does not per se require the assistance of an architect when installing a door in a precast concrete building. Whether these circumstances require the assistance of an architect depends on a factual determination made by the fact-finding body from whom a building permit is sought.

The Olathe library board's charter resolution exempting the board from K.S.A. 79-5021 to 79-5023 is not superseded or repealed by 1990 House Bill No. 2700 as that bill does not alter the authority exercised by the library board.

When a felon has been committed to the custody of the secretary of corrections, the clerk of the committing court is required to so notify the secretary within three days of the commitment order. The secretary is then required to notify the sheriff within three days of receipt of the clerk's notice to transport the prisoner. If the secretary does not so notify the sheriff within this statutory time frame, the financial responsibility for maintaining the prisoner in the county jail until the sheriff is notified to transport the prisoner rests with the secretary of corrections.

Pursuant to K.S.A. 42-711, an irrigation district created pursuant to K.S.A. 42-701 et seq. has the authority to change the operation and maintenance formula that determines the schedule of assessments which cover the district's cost of delivering water to its patrons. The change can be effected without seeking court approval. Cited herein: K.S.A. 42-701 et seq.; 42-711; 42-721. *

K.S.A. 1989 Supp. 41-410 does not require an administrative proceeding to determine whether reasonable cause exists for the termination of a franchise agreement. However, should the director of the division of alcoholic beverage control make a finding that a termination was made without reasonable cause, he is authorized to take appropriate action against the licensee for violation of the liquor control act. Cited herein: K.S.A. 1989 Supp. 41-210; 41-320; 41-328; 41-328a; 41-410; K.A.R. 14-16-15.

ROBERT T. STEPHAN ATTORNEY GENERAL August 3, 1990 ATTORNEY GENERAL OPINION NO. 90- 93 The Honorable Nancy Parrish State Senator, 19th District 3632 SE Tomahawk Drive Topeka, Kansas 66605 The Honorable Alicia L. Salisbury State Senator, 20th District 1455 SW Lakeside Dr. Topeka, K…

ROBERT T. STEPHAN ATTORNEY GENERAL August 2, 1990 ATTORNEY GENERAL OPINION NO. 90- 92 Meredith Williams, Post Auditor Legislative Division of Post Audit 109 W. 9th Suite 301, Mills Bldg. Topeka, Kansas 66612-1285 Re: Public Records, Documents and Information -- Records Open to Pu…

K.S.A. 68-141a prohibits a board of county commissioners or board of township trustees from renting or hiring machinery or equipment for private use except when that use is for road clearing purposes. K.S.A. 68-141b discusses procedures for the rental or hiring of county equipment or machinery. These statutes may be read in harmony, and thus, K.S.A. 68-141b does not permit the county to take actions that are prohibited by K.S.A. 68-141a.

The term "off-track betting" as used in article 15, section 3b of the Kansas constitution should be legislatively defined to clarify whether simulcasting live races to another state for purposes of wagering thereon is permissible under Kansas law.

Complimentary tickets to college-sponsored events may be accepted by the members of the board of trustees for Hutchinson Community College as gifts because those tickets have been voluntarily conferred upon the trustees, no additional consideration is required of the trustees, and no public funds have been expended in purchasing the tickets.