Kansas Attorney General Opinions

K.S.A. 72-8202c(b) legislatively designates the clerk of a school board as the entity responsible for the maintenance of school board records. Thus, the clerk of a school board is the official custodian of school board records. However, K.S.A. 45-217 and 45-220 permit the official custodian to designate other persons as necessary to carry out the duties of the custodian under the provisions of the Kansas open records act.

Pursuant to K.S.A. 20-346a and 20-348, travel expenses incurred by court services officers should be included in the county budget for the operation of the district court rather than paid by the state as compensation to the individual court services officer.

Equipment used to receive and record emergency calls, or used to relay or dispatch emergency information to response units may be purchased with funds raised pursuant to K.S.A. 1989 Supp. 12-5304. Items such as office furniture or equipment which do not interact with the system as a whole and which do not directly contribute to the common purpose of the 911 system may not be purchased with such funds.

Pursuant to L. 1879, ch. 150, an authorized county road which remained unopened for seven years became vacated by operation of law. The subsequent repeal of that statute does not affect the vacation of a county road which occurred prior to the statute's repeal.

K.S.A. 1989 Supp. 15-311 prescribes that in case of temporary absence of the mayor, "the president of the council for the time being shall exercise the office of mayor, with all the rights, privileges and jurisdiction of the mayor, other than the appointment of officers pursuant to K.S.A. 15-204 and amendments thereto . . . until the mayor shall return." Thus, in the temporary absence of the mayor, the president of the council may exercise the mayoral power under K.S.A. 15-201 to fill vacancies in the city council until the next election for the office.

Where there has been a violation of the common law rule cited in Attorney General Opinion No. 90-59, both resignations and reappointments should be considered a nullity.

Section 5(b) of 1990 S.B. 419 amending K.S.A. 65-745 evidences a clear legislative intent to establish a minimum milk inspection fee on package grade A pasteurized milk or grade A milk products imported into Kansas and sold at retail to final consumers, making language to the contrary surplusage.

The one year partial moratorium on increasing property valuations under 1990 Senate Bill No. 332 does not violate the uniform and equal provisions of article 11, section 1 of the Kansas constitution.

The determination of human death is a medical diagnosis which must be made by a physician in accordance with accepted medical standards. The degree to which a physician may rely on information not gained through personal observation when making the determination of death is governed by the applicable medical standard.

ROBERT T. STEPHAN ATTORNEY GENERAL July 3, 1990 ATTORNEY GENERAL OPINION NO. 90- 80 The Honorable Debara Schauf State Representative, Eighty-First District P.O. Box 68 Mulvane, Kansas 67110 Re: State Boards, Commissions and Authorities-- Parimutuel Racing--Executive Director; App…

Absent a valid court or administrative order directing otherwise, 1989 taxes on personal property of public utilities imposed pursuant to 1989 House Bill No. 2004 should be collected according to the statutory scheme in 1990. Cited herein: K.S.A. 1989 Supp. 79-201m; K.S.A. 79-301; K.S.A. 1988 Supp. 79-306; K.S.A. 79-5a02; 79-5a07; K.S.A. 1988 Supp. 79-1427a; 79-1475; K.S.A. 79-1801; 79-1802; 79-1803; 79-1804; K.S.A. 1988 Supp. 79-2001; 79-2004a, as amended by L. 1989 House Bill No. 2001; 1989 House Bill No. 2004. *

ROBERT T. STEPHAN ATTORNEY GENERAL July 3, 1990 ATTORNEY GENERAL OPINION NO. 90- 7 9 Dr. Michael G. Barricklow Superintendent of Schools Silver Lake Unified School District No. 372 Box 39 Silver Lake, Kansas 66539 Re: Schools--Capital Outlay Levy, Fund and Bonds-- Capital Outlay …

ROBERT T. STEPHAN ATTORNEY GENERAL July 3, 1990 ATTORNEY GENERAL OPINION NO. 90- 7 9 Dr. Michael G. Barricklow Superintendent of Schools Silver Lake Unified School District No. 372 Box 39 Silver Lake, Kansas 66539 Re: Schools--Capital Outlay Levy, Fund and Bonds-- Capital Outlay …

The Kansas law enforcement training act, K.S.A. 74-5601 et seq., does not currently require that a person attending a training course be 21 years of age. However, a person cannot be certified by the commission or perform law enforcement functions until he or she reaches age 21.

County extension councils are not taxing subdivisions for purposes of the tax lid law (K.S.A. 79-5021 et seq., as amended by 1990 House Bill No. 2700) and thus may not "charter" out of its provisions pursuant to K.S.A. 79-5036(c), as amended. However, the tax levy for an extension council is part of the county's levy and is thus subject to K.S.A. 79-5022(b), as amended. Cited herein: K.S.A. 1989 Supp. 2-610; K.S.A. 79-5021, 79-5022, 79-5036, all as amended by 1990 H.B. No. 2700. *

ROBERT T. STEPHAN ATTORNEY GENERAL June 20, 1990 ATTORNEY GENERAL OPINION NO. 90- 75 Vernon L. Steerman Osborne County Attorney Courthouse, 2nd Floor Osborne, Kansas 67473 Re: Counties and County Officers -- Fire Protection; Districts in Any County -- Organization of Fire Distric…

ROBERT T. STEPHAN ATTORNEY GENERAL June 15, 1990 ATTORNEY GENERAL OPINION NO. 90- 74 The Honorable Michael O'Neal State Representative One Hundred Fourth District P.O. Box 2977 Hutchinson, Kansas 67504-2977 Re: Taxation--Aggregate Tax Levy Limitations-- Elimination of Intangibles…

The decision to approve the secretary of agriculture's leave of absence lies within the discretion of the board of agriculture. In our opinion service as a White House Fellow presents circumstances that overcome the presumption that employment outside the state is insufficient reason for approval of a leave of absence. Additionally, the board has the implied power to appoint an acting secretary to serve during the secretary's leave of absence.

ROBERT T. STEPHAN ATTORNEY GENERAL June 13, 1990 ATTORNEY GENERAL OPINION NO. 90- 72 The Honorable Sheila Hochhauser State Representative, 58th District 1636 Leavenworth Manhattan, Kansas 66502 Re: Livestock and Domestic Animals -- Farm Animal and Research Facilities Protection A…

K.S.A. 19-204 recognizes that the qualified electors of a county may petition to have a question regarding a change in the number of county commissioner districts submitted to the electors. Such a petition must meet the requirements of K.S.A. 25-3601 et seq. Because the petition in question fails to state the question petitioners seek to bring to an election and fails to include the recital set forth in K.S.A. 25-3602(b)(3), the petition in question is invalid.

In establishing an initial waiver of certain educational requirements for registration as a masters level psychologist, the legislature did not intend a perpetual exemption from its exercise, of police power. Therefore, the statutory waiver does not apply to those who submit an application for registration after October 1, 1988.

K.S.A. 19-705, 28-175 and general definitions of the term "costs" preclude the district or county attorney from retaining a portion of the sale proceeds as a fee for services rendered pursuant to K.S.A. 65-4173.

ROBERT T. STEPHAN ATTORNEY GENERAL June 11, 1990 ATTORNEY GENERAL OPINION NO. 90- 69 Mr. Charles F. Bennett Neosho County Attorney 222 W. Main Chanute, Kansas 66720 Re: Drainage and Levees--Levees--Powers of County Commissioners Synopsis: A levee district organized pursuant to K.…

ROBERT T. STEPHAN ATTORNEY GENERAL June 11, 1990 ATTORNEY GENERAL OPINION NO. 90- 68 George E. Scamman Legal Counsel for County Planning Board Courthouse Wellington, Kansas 67152 Re: Counties and County Officers -- Planning and Zoning; Planning and Zoning in Counties -- Agricultu…

The secretary of health and environment has the authority to issue a solid waste disposal facility permit upon receiving and approving a complete application from the proposed permittee. The completed application must include certification from the board of county commissioners that the proposed facility is consistent with the official county plan for the management of solid waste within such county.

ROBERT T. STEPHAN ATTORNEY GENERAL June 8, 1990 ATTORNEY GENERAL OPINION NO. 90- 66 The Honorable Jack Lacey State Representative, Second District P.O. Box 6 Oswego, Kansas 67356 Re: Cities of the Third Class--Election, Appointment and Removal of Officers--Qualifications; How Vac…

Pursuant to K.S.A. 1989 Supp. 74-7312(a), 74-7301(d) and 74-7305(c)(1), the state should be subrogated to the victim's receipt of restitution to the extent of the victim's award from the crime victims compensation board.

ROBERT T. STEPHAN ATTORNEY GENERAL June 4, 1990 ATTORNEY GENERAL OPINION NO. 90- 64 Philip S. Harness County Counselor Johnson County 110 S. Cherry, Suite 8 Olathe, Kansas 66061 Re: Counties and County Officers--General Provisions--Exemption of County From Act of Legislature; Pro…

A sheriff may incur liability for confining a juvenile offender in jail, even when juvenile detention facilities are not available. However, local units of government may be held liable for releasing a juvenile offender who then proceeds to commit subsequent crimes.

Vehicle brokers should not appear in the chain of title of a vehicle unless the broker has or claims a legal interest in the vehicle.

ROBERT T. STEPHAN ATTORNEY GENERAL May 30, 1990 ATTORNEY GENERAL OPINION NO. 90- 61 Lewis A. Heaven, Jr. Special Counsel for Johnson County Register of Deeds 6700 Antioch, Suite 420 P.O. Box 3867 Merriam, Kansas 66203-0867 Re: Taxation--Mortgage Registration and Intangibles; Mort…

A township has the exclusive responsibility to maintain township roads and ditches. Liability for injury caused by failure to maintain township roads and ditches rests on the township. An abutting landowner who obstructs the township from performing its duty to maintain township roads and ditches may be prosecuted. No property of value of the abutting landowner may be taken by the township without compensation.

A telecommunication public utility's closing of collection offices, being a management decision, does not amount to a change in telephone service contrary to a proposal submitted by the utility and approved by the KCC in accordance with K.S.A. 66-131. The KCC can, on its own motion, reconsider the matter if in their judgment the closing of future collection offices affects the sufficiency of the service being provided.

ROBERT T. STEPHAN ATTORNEY G ENERAL May 25, 1990 ATTORNEY GENERAL OPINION NO. 90- 59 The Honorable Phil Martin State Senator, Thirteenth District 403 W. Euclid Pittsburg, Kansas 66762 Re: Cities of the First Class--Board of Commissions-- Filling Vacancies in the Office of Mayor o…

Credit unions which provide vehicle pricing and referral services to their members in return for potential business opportunities and good will alone are not brokers as that term is defined by K.S.A. 1989 Supp. 8-2401 (ff) prior to the 1990 amendment which becomes effective January 1, 1991.

Pursuant to K.S.A. 1989 Supp. 65-6118 an unofficial ambulance taxing district becomes official when the board of county commissioners passes a resolution creating the district and defining its boundaries. Furthermore, as the governing body of the district, the board may levy a tax not to exceed three mills on each taxing district to cover the costs incurred in providing ambulance service in that district, provided the resolution or ordinance authorizing the tax in that district is enacted pursuant to K.S.A. 1989 Supp. 65-6113.

State agencies are not exempted from the filing requirement of K.S.A. 79-213. Initial requests for property tax exemption for property used exclusively by the state must be processed according to the provisions of K.S.A. 79-213.

K.S.A. 19-2766a provides that prosecution of violations of improvement district resolutions "shall be conducted in the manner provided by law for prosecution of misdemeanor violations of state law." Such misdemeanor violations are prosecuted by the county or district attorney. It is therefore our opinion that a county attorney has the authority and duty to prosecute violations of improvement district resolutions. However, such a duty remains subject to the principle of prosecutorial discretion.

ROBERT T. STEPHAN ATTORNEY GENERAL May 2, 1990 ATTORNEY GENERAL OPINION NO. 90- 54 Paul J. Morrison Johnson County District Attorney Johnson County Courthouse Olathe, Kansas 66061 Re: State Boards, Commissions and Authorities--Crime Victims Compensation Board--Victim of Crime; No…

ROBERT T. STEPHAN ATTORNEY GENERAL May 2, 1990 ATTORNEY GENERAL OPINION NO. 90- 53 The Honorable Dale M. Sprague State Representative, Seventy-Third District State Capitol, Room 330-N Topeka, Kansas 66612 The Honorable B. D. Kanan State Senator, Fifth District State Capitol, Room…

County owned and operated ambulances that are used exclusively for governmental purposes may be permanently registered as county vehicles pursuant to K.S.A. 1989 Supp. 8-1,134.

Pursuant to 1990 Senate Bill No. 332, county appraisers may increase the appraised valuation of real property in tax year 1990 only if a specific. review, including a physical inspection, has been made of the property. Such an inspection is not required to increase the valuation of land devoted to an agricultural use;

ROBERT T. STEPHAN ATTORNEY GENERAL April 23, 1990 ATTORNEY GENERAL OPINION NO. 90- 50 The Honorable Roy M. Ehrlich State Senator, 35th District State Capitol, Room 138-N Topeka, Kansas 66612 Re: Public Health -- Examination and Registration of Pharmacists -- Pharmacists Required …

ROBERT T. STEPHAN ATTORNEY GENERAL January 9, 1990 ATTORNEY GENERAL OPINION NO. 90- 5 The Honorable Bill Graves Kansas Secretary of State State Capitol, 2nd Floor Topeka, Kansas 66612 Re: Elections -- Primary Elections -- Ballot Access by Nominating Petitions; Signatures Required…

Malt beverages containing any measurable amount of alcohol, but not more than 3.2 percent, are cereal malt beverages and may not be sold on Sunday except as provided in K.S.A. 1989 Supp. 41-2704(b) and (g).

A health maintenance organization (HMO) renders professional services by making available to enrollees health care services provided by ,

K.S.A. 75-4317 et seq. requires Kansas cities to record specific information when an open meeting is recessed into an executive session. Minutes setting forth other matters discussed at a meeting are not dictated or required by the Kansas open meetings act. In the absence of statutory directives, a city governing body is not required to record specific information in the minutes of special or regular meetings.

Additional compensation conferred upon a superintendent of schools after the superintendent's resignation has been accepted by the local board of education constitutes a gift if the payment is made gratuitously and without additional consideration. Because local boards of education do not have the authority to permit the payment of school funds as gifts or gratuities, such a payment is unlawful.

The emergency medical services (EMS) board has statutory authority to endorse the Kansas Model EMS Protocols and the EMT Basic Life Support Skills Task Analyses as teaching aids by the adoption of a regulation to that effect. The adoption or endorsement of these documents does not affect a municipality's statutory authority to impose additional licensing requirements on ambulance services within the municipality's jurisdiction.

A proposition for amendment of the Kansas Constitution which modifies the classification categories and rates prescribed by article 11, section 1 of the Kansas Constitution, and which also increases the state sales and compensating taxes by one percent in order to fund a "property tax rollback," constitutes two constitutional amendments. Accordingly, under article 14, section 1 of the Kansas Constitution, if such amendments are submitted at the same election, they must be submitted so as to enable electors to vote on each amendment separately.