Kansas Attorney General Opinions

ROBERT T. STEPHAN ATTORNEY GENERAL June 8, 1988 ATTORNEY GENERAL OPINION NO. 88- 78 The Honorable Richard L. Bond State Senator, Eighth District 9823 Nall Overland Park, Kansas 66207 Re: Taxation--Kansas Retailers' Sales Tax--Tax Imposed Synopsis: K.S.A. 1987 Supp. 79-3603(p) imp…

ROBERT T. STEPHAN ATTORNEY GENERAL June 2, 1988 ATTORNEY GENERAL OPINION NO. 88- 77 The Honorable Alfred G. Schroeder Chairman Kansas Racing Commission 128 North Kansas Avenue Topeka, Kansas 66603-3621 Re: State Boards, Commissions and Authorities-- Parimutuel Racing; Kansas Pari…

A prescription order for a medication which may be dispensed without such an order does not elevate the medication to the status of a prescription - only drug for purposes of the Kansas retailers' sales tax act. To be exempt from the tax imposed by that act, the drug must be one which is prohibited by law from being dispensed without a prescription.

A local government cannot be held liable for a violation of civil rights by its agents under 42 U.S.C. §1983 on the basis of a respondeat superior theory. Local governments are liable only when execution of a government policy or custom inflicts the injury.

ROBERT T. STEPHAN ATTORNEY GENERAL. June 2, 1988 ATTORNEY GENERAL OPINION NO. 88- 74 The Honorable Don Montgomery State Senator, Twenty-First District 1218 Main Sabetha, Kansas 66534-1835 Re: Crimes and Punishments -- Animals and Nuisances -- Unlawful Sales or Injections of Live …

ROBERT T. STEPHAN ATTORNEY GENERAL May 25, 1988 ATTORNEY GENERAL OPINION NO. 88- 73 The Honorable Betty Jo Charlton State Representative, Forty-Sixth District 1624 Indiana Lawrence, Kansas 66044 Re: Eminent Domain -- Procedure Act -- Compensation Synopsis: 1988 House Bill No. 270…

An appointed non-lawyer member may not continue membership on the judicial nominating committee once that member has been granted a temporary permit to practice law.

An applicant for a license to sell cereal malt beverages for on-premise consumption need not demonstrate compliance with the 30% food sales requirement for Sunday sales in order to qualify for licensure. Compliance with the food sales requirement is not a prerequisite to licensure.

ROBERT T. STEPHAN ATTORNEY GENERAL May 20, 1988 ATTORNEY GENERAL OPINION NO. 88 - 70 The Honorable Vincent K. Snowbarger State Representative, Twenty-Sixth District 1451 Orleans Drive Olathe, Kansas 66062 Re: Accountants, Certified Public--General Provisions-- Client Communicatio…

A class A city may reduce the rate of its city retailers' sales tax by adopting an ordinance under home rule powers granted by Article 12, Section 5 of the Kansas Constitution.

If a corporation is a creditor of a party owning agricultural land, the corporation may acquire the land by the debtor's voluntary surrender of title if the land is subject to a lien or claim of the corporation. If a debt does not involve a lien or claim on the land, then collection of the debt by voluntary surrender of title may not be used to vest title in the corporation.

ROBERT T. STEPHAN ATTORNEY GENERAL May 17, 1988 ATTORNEY GENERAL OPINION NO. 88- 68 The Honorable Ben E. Vidricksen State Senator, Twenty-Fourth District 713 N. 11th Street Salina, Kansas 67401 Re: Constitution of the United States--Fourth Amendment--Searches and Seizures Synopsi…

While the secretary of corrections has broad discretion in designating the place of confinement for persons sentenced to his custody, current statutes prevent him from implementing a plan which would require female offenders to be conveyed directly to the Kansas correctional vocational training center, rather than the correctional institution at Lansing, and evaluated at the state reception and diagnostic center.

To ensure good banking practices, the banking code establishes limitations on lending to any one person, copartnership, association or corporation. No distinction is made between limited and general partnerships. In determining the limitation of liability to a bank of a limited or general partnership, the bank must consider the total liability of the partnership to the bank, plus the liability of the partner having the greatest debt to the bank in comparison to the other members.

ROBERT T. STEPHAN ATTORNEY GENERAL May 9, 1988 ATTORNEY GENERAL OPINION NO. 88-65 Mr. Leonard Dix Rooks County Attorney Rooks County Courthouse Stockton, Kansas 67669 Re: Taxation--Limitation on Tax Levies--Limit on Levies for County General Expenses Counties and County Officers-…

ROBERT T. STEPHAN ATTORNEY GENERAL May 4, 1988 ATTORNEY GENERAL OPINION NO. 88- 64 The Honorable Alfred G. Schroeder Chairman Kansas Racing Commission 128 North Kansas Avenue Topeka, Kansas 66603-3621 Re: State Boards, Commissions and Authorities-- Parimutuel Racing; Kansas Parim…

Pursuant to K.S.A. 1987 Supp. 19-101a(a)(11) and 19-101b, Kingman county may adopt a charter resolution to avoid applicability of all or part of K.S.A. 19-262.

ROBERT T. STEPHAN ATTORNEY GENERAL May 4, 1988 ATTORNEY GENERAL OPINION NO. 88- 62 The Honorable Henry Helgerson State Representative, Eighty-Sixth District State Capitol, Room 273-W Topeka, Kansas 66612 Re: State Departments; Public Officers and Employees -- Kansas Tort Claims A…

The Arkansas City Memorial Hospital is a "public agency" under the Kansas Open Records Act as it is an instrumentality of a political subdivision of the state. The KORA requires that the names of employees of public agencies and their salaries be disclosed to the public upon request. Cited herein: K.S.A. 14-601c; 14-602; 14-609; 45-215; 45-216; 45-217; 45-221.

Banks for cooperatives are not so closely connected to the federal government to entitle them to constitutional immunity from state taxation, nor are they exempt from payment of mortgage registration tax by virtue of 12 U.S.C.A. §2134 (West Supp. 1988). Language in Attorney General Opinion No. 87-190 indicating a contrary conclusion for production credit associations is hereby withdrawn.

Water conservation measures which reduce an existing water right are compensable takings if such measures are imposed to preserve water for future public use. Compensation is not necessary if conservation is required in order to promote health, safety and welfare.

ROBERT T. STEPHAN ATTORNEY GENERAL April 26, 1988 ATTORNEY GENERAL OPINION NO. 88- 59 Mr. Daniel D. Metz 116 South Fourth P.O. Box 36 Lincoln, Kansas 67455 Re: Schools -- Transportation of Students -- Transportatio of Pupils; Required Under Certain Conditions Roads and Brides; Ro…

ROBERT T. STEPHAN ATTORNEY GENERAL April 25, 1988 ATTORNEY GENERAL OPINION NO. 88- 58 The Honorable Theo Cribbs State Representative, Eighty-Ninth District 1551 N. Minnesota Wichita, Kansas 67214 Re: Cities and Municipalities--Ordinances of Cities--Subject and Title of Ordinance …

ROBERT T. STEPHAN ATTORNEY GENERAL April 22, 1988 ATTORNEY GENERAL OPINION NO. 88- 57 The Honorable Kerry Patrick State Representative, Twenty-Eighth District 3420 W. 122 Street Leawood, Kansas 66209 Re: State Departments; Public Officers and Employees-- Department of Corrections…

1988 Senate Bill No. 598 contains no new provision which would allow cities or counties, by home rule, to permit Sunday sales of spirits for off-premise consumption.

A county treasurer who has received local ad valorem tax reduction fund moneys pursuant to K.S.A. 79-2959 et seq. may properly receive them under K.S.A. 19-506 but may not distribute them to political subdivisions unless or until that subdivision has originally, or through amendment processes, adopted a budget that complies with procedures and requirements mandated by K.S.A. 79-2961(b).

A corporation domiciled in a foreign country which meets the requirements of K.S.A. 1987 Supp. 17-5904(a)(7)(B) will not forfeit its exemption from the corporate farming law if the corporation changes its domicile to the State of Delaware.

Hydroponic production of vegetables by a corporation on land owned by the corporation constitutes farming and thus violates the corporate farming law.

K.S.A. 1987 Supp. 12-3415(b) stipulates that a port authority may not issue revenue bonds without first having received approval, by resolution, of the governing bodies of the cities and counties which comprise such port authority.

ROBERT T. STEPHAN ATTORNEY GENERAL April 8, 1988 ATTORNEY GENERAL OPINION NO. 88- 51 Kenneth F. Kern Executive Director State Conservation Commission 109 S.W. 9th St., Room 300 Topeka, Kansas 66612-1299 Re: Drainage and Levees--Watershed Districts; Formation of Watershed District…

ROBERT T. STEPHAN ATTORNEY GENERAL April 5, 1988 ATTORNEY GENERAL OPINION NO. 88- 50 James H. Nickel Ernest S. Kistler John M. Sears Thomas County Commissioners 300 N. Court Colby, Kansas 67701 Re: Counties and County Officers -- County Attorney -- Duties Criminal Procedure -- Un…

ROBERT T. STEPHAN ATTO RNEY GENERAL. January 19, 1988 ATTORNEY GENERAL OPINION NO . 88- Mr. Gary L. Flory McPherson County Counselor P.O. Box 1103 McPherson, Kansas 67460 Re: Cities and Municipalities -- Governmental Organization -- Consolidation of Operations, Procedures and Fun…

The Kansas state board of agriculture may take a position on matters of public policy involving agricultural issues. The method of selecting members to the board as provided in K.S.A. 1987 Supp. 74-502 and 74-503 does not contravene the constitutional equal protection rights of Kansas residents.

The Shawnee county fair association is not an agency of the county. However, it is a governmental entity subject to the Kansas tort claims act and the Kansas open meetings act. In order to qualify for the discretionary recognition granted by the state board of agriculture, the Shawnee county fair association must fulfill the remaining requirements under K.S.A. 2-125 et seq. that are not specifically excepted pursuant to K.S.A. 1987 Supp. 2-158.

Section 7(a)(15) of a 1988 Senate Bill No. 727, amending K.S.A. 1987 Supp. 17-5904 by providing an additional exemption to the corporate farming act, is unconstitutional. It violates Sections 1 and 2 of the Kansas Bill of Rights and the Equal Protection Clause of the 14th Amendment to the United States Constitution in that it establishes an arbitrary classification that does not bear a rational relationship to the purpose of the act.

The local residential housing act, K.S.A. 12-5219 et seq., does not through its provisions authorize participation in a mortgage credit certificate program as established by section 25 of the Internal Revenue Code of 1986, as amended. Neither does the local residential housing act preclude participation in a mortgage credit program. Kansas cities may, therefore, by the exercise of their constitutional powers of home rule as provided in Article 12, Section 5 of the Kansas Constitution, join in a mortgage credit program of the type organized by Geary County and Riley County.

The statutes governing Rural Water District No. 2 of Johnson County do not require the district to seek competitive bids on construction projects. For sound policy reasons, however, the district should award such contracts by public bid-letting. If such a system is used, the board may reject the lowest bid if it determines that the bidder is not responsible. The board should not prequalify or pre-screen bidders.

ROBERT T. STEPHAN ATTORNEY GENERAL March 29, 1988 ATTORNEY GENERAL OPINION NO. 88- 44 The Honorable Susan Roenbaugh State Representative One Hundred Fourteenth District State Capitol, Room 170-W Topeka, Kansas 66612 Re: Minors--General Provisions--Consent for Medical Care of Unma…

ROBERT T. STEPHAN ATTORNEY GENERAL March 24, 1988 ATTORNEY GENERAL OPINION NO. 88- 43 W. Newton Male, Commissioner State Banking Department 700 Jackson, Suite 300 Topeka, Kansas 66603-3714 Re: Banks and Banking -- Banking Code; Powers -- Branch Banking; Loan Production Offices Sy…

ROBERT T. STEPHAN March 24, 1988 ATTORNEY GENERAL ATTORNEY GENERAL OPINION NO. 88- 42 Charles A. Peckham Rawlins County Attorney 308 Main Atwood, Kansas 67730 Re: Counties and County Officers -- Hospitals and Related Facilities -- Tax Levy; Powers of Board Synopsis: Tax revenues,…

Change of ownership of a brand at the supplier's level does not, in and of itself, constitute "reasonable cause" for a supplier to terminate a franchise agreement pursuant to K.S.A. 1987 Supp. 41-410 of the liquor control act.

ROBERT T. STEPHAN ATTORNEY GENERAL March 17, 1988 ATTORNEY GENERAL OPINION NO. 88- 40 William B. Elliott Graham County Attorney 303 West Main Hill City, Kansas 67642 Re: Taxation--Collection and Cancellation of Taxes--Voluntary Transfer of Personal Property Before Tax Paid Synops…

The Metropolitan Topeka Airport Authority is subject to a special assessment for a water main extension project of the city of Topeka. Cited herein: K.S.A. 12-6a01; 27-330. *

The method of selecting board members of hospital districts established under the provisions of K.S.A. 80-2101 et seq. (act repealed L. 1984, ch. 374) may be changed pursuant to K.S.A. 1987 Supp. 80-2508.

Persons elected to judge of the district court in November 1986 due to a vacancy in office were elected to a four year term to expire January 1991.

K.S.A. 12-2905 requires filing of all agreements entered into pursuant to the interlocal cooperation act. However, failure to file such an agreement does not render the contract void or unenforceable when the agreement substantially complies with all other requirements contained in the act and has been subsequently acted upon or partially performed by the parties to the agreement.

A fund established by a corporation to provide funding for the corporation's own business or subsidiary (exclusively) does not constitute a "local seed capital pool," as that term is defined in subsection (c) of K.S.A. 1987 Supp. 74-8401.

The United States Army Corps of Engineers, pursuant to the Rivers and Harbors Act, 33 U.S.C.A. §403, and other federal enactments, has the authority to prohibit dredge and fill or excavation activities on navigable rivers for the purposes of interstate commerce, navigation and conservation. This authority is superior to any interest the state may have in the lands beneath such navigable waters.

ROBERT T. STEPHAN ATTORNEY GENERAL March 11, 1988 ATTORNEY GENERAL OPINION NO. 88- 34 The Honorable Joan Wagnon State Representative, Fifty-Fifth District State Capitol, Room 278-W Topeka, Kansas 66612 Re: Public Health--Emergency Medical Services; Regulation of Ambulance Service…

K.S.A. 33-104 applies to any governmental or private possessor, who is not otherwise precluded, seeking to establish ownership of and title to unclaimed goods and chattels.