Kansas AG Opinions — 1978

Once the city governing body approves the decision to erect a library building under K.S.A. 12-1225(b), the authority and responsibility to implement and execute that decision, through the execution of contracts and the disbursement of funds therefor, rests solely with the library board. *

A municipality or housing authority in Kansas, organized under K.S.A. 17-2338, et seq., is legally authorized to utilize a nonprofit corporation as its duly autho- rized agency or instrumentality to act on its behalf in the issuance of tax-exempt bonds, the proceeds of which would be used in the construction of housing under the Kansas Municipal Housing Law. *

In general, the regulatory authority of the Kansas Mined- Land Conservation and Reclamation Board under K.S.A. 49-405, authorizes the adoption of standards necessary to implement the initial regulatory program of the Surface Mining Control and Reclamation Act of 1977. *

K.S.A. 80-2128 empowers district hospital board of trustees to issue municipal bonds to pay the cost of medical clinics, as well as, hospitals, dental clinics and emergency medical services. * *

A city is not prohibited from authorizing the issuance of industrial revenue bonds for the construction of a facility to house a nonstock, mutual savings and loan association by reason of any deposit of funds of the city or an agency thereof in such association. *

February 27, 1978 ATTORNEY GENERAL OPINION NO. 78-94 Mr. John Dekker Director of Law Office of Law Department 13th Floor - 455 North Main Wichita, Kansas 67203 Re: Cities--Initiative--Ordinances Synopsis: A proposed initiative ordinance of the City of Wichita provides that the "W…

Payment of a charge assessed by the City of Topeka Water Department, for fire lines, standpipes and fire hydrants deemed necessary to provide adequate water connections and fire protection to structures requiring such equip- ment in excess of the size provided domestic users, as authorized by city ordinance, is within the authority of the State of Kansas for such connections installed and maintained at the State Office Building and at the state building at 503 Kansas Avenue, Topeka, Kansas. *

In acting under K.S.A. 19-3631 upon a petition for de- tachment of territory from a fire district organized under K.S.A. 19-3624, the board of county commissioners may exercise its discretion in approving or disapproving any proposed detachment of territory from said district. *

February 24, 1978 ATTORNEY GENERAL OPINION NO. 78- 91 Rosalee Sprick Register of Deeds Rooks County Courthouse Stockton, Kansas 67669 RE: Uniform Commercial Code - Financial Statements - Fixture Filing - Failure to Name Title Owner of Real Estate - Duties of Filing Officer. SYNOP…

(1) Donations to county hospitals become property of the county subject to control of the board of trustees of such hospital; (2) Boards of trustees have duty and authority to care for county property under its control in businesslike manner; (3) Lawfully available funds of hospital may be expended for care of county property under hospital board's control under certain conditions; (4) Board of truste e s may co-sign promissory notes to secure funds to care for county property under its control; and, (5) Board of trustees may appoint directors to corpora- tion (county property) where such is i

The Attorney General is not authorized to review the fiscal impact statement prepared pursuant to K.S.A. 77-420(b) for sufficiency, form or legality. *

A city may operate its own service program for the el- derly pursuant to K.S.A. 1977 Supp. 12-1680 at the same time that the county in which such city is located also operates its own service program for the elderly under the same provision. However, such a city which operates its own program may not participate in the program oper- ated at the same time by the county, although taxable tangible property in the city remains liable for the levy imposed to support the county property. *

Territory of the Wyandotte County Public Library should not be included in determining the population within the district of the Kansas City, Kansas, Public Library, for determining the amount of the grant-in-aid to which such library is entitled under the State Grants-in-Aid to Libraries Act, K.S.A. 75-2553 et seq. * *

(1) The Kansas State Park and Resources Authority is statutorily authorized to accept money bequests, gifts and donations without necessity of securing legislative authorization. (2) Gifts or payments for a particular purpose received by the state do not require legislative action to estab- lish the necessary fund outside the general fund. *

A municipal ordinance granting a cable television fran- chise becomes effective pursuant to K.S.A. 12-2007 rather than K.S.A. 12-2001.

The phrase "other district judges of such judicial district" as used in K.S.A. 1977 Supp. 20-345 refers only to district judges of the district, and does not include associate district nor district magistrate judges. Thus, appointments by the administrative judge of each judicial district of personnel enumerated in that section are subject to the approval only of the district judges thereof, and not to the approval of associate district nor district magistrate judges.

February 21, 1978 ATTORNEY GENERAL OPINION NO. 78- 84 Daniel D. Metz City Attorney 116 South Fourth Street Lincoln, Kansas 67455 RE: Mortgage Registration Tax - Municipal Housing Bonds - K.S.A. 17-2351, 79-201a (Sixth), and 79-3102. SYNOPSIS: The Mortgage Registration Fee law is …

The provisions of House Bill No. 3050 are supported by the decision of the U.S. Supreme Court in California v. LaRue, 409 U.S. 109, 34 L. Ed. 2d 342, 93 S. Ct. 390 (1972). *

In order to authorize the establishment of a county law library under K.S.A. 19-1319, the question must be approved by a majority of all the attorneys residing within the county and admitted to practice in the Kansas courts, and approval merely by a majority of those vot- ing, which falls short of a majority of all those eli- gible to vote, does not authorize the establishment of a county law library under that section.

February 20, 1978 ATTORNEY GENERAL OPINION NO. 78- 81 Mr. Fletcher Bell Commissioner of Insurance Kansas Insurance Department 1st Floor - State Office Building Topeka, Kansas 66612 Re: Motor Vehicles--Insurance--Rights of Action Synopsis: Section 4(a) of 1977 House Bill No. 2490,…

A corporation, irrespective of its nonprofit, "quasi- public" status, must secure the required license to conduct its business as a real estate broker in this state. * *

Students enrolled in a Kansas community junior college who reside within the territory of a federal military enclave are not residents of the State of Kansas, and thus may not be considered as residents for the purposes of distribution of credit hour state aid pursuant to K.S.A. 1977 Supp. 71-602. * *

The Johnson County Sheriff's Office, the Shawnee and Lenexa Police Departments and the Shawnee Mission Park Patrol each have the authority to enforce the laws of. Kansas and conduct criminal investigations in Shawnee Mission Park. The Sheriff, City Police and Park Patrol have coexten- sive responsibilities in the enforcement of state laws in Shawnee Mission Park.

The Kansas Public Television Board has no authority to make grants of state funds to a Council organized to operate a microwave inter- connection system. The Board's statutory authority to allocate such funds extends only to existing public television stations and those educational agencies or institutions eligible to assist in extending service to unserved areas of the state.

K.S.A. 19-214 requires that all contracts for the erec- tion of county buildings be awarded on a public letting to the lowest responsible bidder. It does not apply, however, to the purchase of an existing structure by the board of county commissioners for county use. No charter resolution is necessary to exempt the transac- tion from the cited statute, accordingly, and purchase of the structure may be authorized by ordinary resolution. *

When the district court reviews the summary of the medical records of an involuntary patient pursuant to K.S.A. 1977 Supp. 59-2917a(a), this review need not be conducted as an adversary hearing.

The bond required by K.S.A. 60-1111(a) is mandatory, and there is no authority for a waiver of that require- ment by any governing body or any public official. There is no existing basis upon which to conclude that any member of a governing body or public official who willfully and deliberately fails to require the filing of the bond is immune from personal liability against a claim by any materialmen or worker on such project • for any indebtedness which the contractor or subcon- tractor has failed to satisfy. *

The proceeds of a general obligation bond issue, ap- proved and sold for the purpose of erecting and equip- ping a public library which is operated pursuant to K.S.A. 12-1218 et seq., should be paid over by the city treasurer to the treasurer of the library board for its use and disbursement. * *

A city may not annex an area of land of less than 20 acres under K.S.A. 12-520(f) unless such land proposed to be annexed is a "tract" as defined by K.S.A. 12-519(a).

County hospital board of trustees is authorized to em- ploy a dentist, and equip, operate and maintain a dental clinic in connection with county hospital.

February 15, 1978 ATTORNEY GENERAL OPINION NO. 78- 71 Mr. Richard A. Schultz District Court Administrator Shawnee County Courthouse Topeka, Kansas 66603 Re: Courts--Personnel--Defense Synopsis: If an officer or employee of a state district court is named as a defendant in a suit …

When a law enforcement officer detains a person under emergency circumstances under K.S.A. 1977 Supp. 65- 4027(A), the officer may detain such person in a jail only when the individual has not been accepted by a public treatment facility within the territorial limits of the officer's jurisdiction, and there is no private treatment facility, other emergency medical service or other like facility able and willing to accept such person for care.

A member of a community junior college board of trustees who abstains from voting upon a particular question shall be deemed to acquiesce in the will of the majority of members voting upon that question.

The enactment of House Bill No. 2719 in its present form, as amended by House committee, does not alter the existing authority of licensed physical therapists to provide services only under the direction of a li- censed physician and surgeon, and such licensed physi- cian may not delegate to his or her physician's assis- tant the statutory responsibility of the former to direct the services provided by physical therapists. * *

A motor vehicle service contract, offered by a third- party lender to its debtor respecting a motor vehicle purchased with financing provided by such third-party lender, constitutes a contract of insurance subject to the Kansas insurance code. * *

Articles of incorporation filed pursuant to K.S.A. 9- 801 and verified statements in support of applications for a certificate of authority pursuant to K.S.A. 9- 804 are documents of public record, available for public inspection pursuant to K.S.A. 45-201. Financial state- ments required by K.A.R. 17-16-2 are confidential pur- suant to the terms of that regulation, and information derived from the examination of banks is confidential under K.S.A. 9-1712.

The cost of medical treatment provided a prisoner arrested for violation of a state statute is the responsibility of the county. The cost of medical treatment provided a pri- soner arrested for violation of a local municipal ordi- nance is borne by the city.

February 7, 1978 ATTORNEY GENERAL OPINION NO. 78-65 Mr. John Dekker Director of Law City Hall - Thirteenth Floor 455 North Main Street Wichita, Kansas 67202 Re: Cities--Funds--Disposition Synopsis: Moneys received from Blue Cross-Blue Shield as divisible surplus under a group hos…

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…

When a city governing body acts pursuant to Robert's Rules of Order in the consideration of an application for rezoning, when such application receives an affirma- tive vote of the governing body, but does not receive the affirmative votes of the majority required for passage, the question may be considered by the governing body at a subsequent meeting by renewal thereof pursuant to § 37, Robert's Rules of Order, Newly Revised. *

Use of the design/building procedure, as outlined here- in, for construction of a multi-level parking facility at the University of Kansas Medical Center, does not violate K.S.A. 75-3741.

A county sheriff may lawfully be appointed bailiff of the district court, and may receive such compensation as is provided for that position in the budget of the district court. * *

1978 House Bill 2930, prohibiting the ownership of real property in the State of Kansas by noncitizens, would, if enacted, be insupportable under the Equal Protection Clause of the Fourteenth Amendment to the United States Constitution. *

January 6, 1978 ATTORNEY GENERAL OPINION NO. 78- 6 Mr. Robert W. Manske Woodson County Attorney Post Office Box 100 Yates Center, Kansas 66783 Re: Counties--Employees--Minimum Wage Synopsis: Under ch. 179, § 6(a), L. 1977, effective January 1, 1978, no employer shall employ any e…

"Original description", as that term is used in K.S.A. 1977 Supp. 26a-128, refers to that description which first delineates the bound- aries of a specific parcel of land, as opposed to pre-existing descriptions of land areas of which the specified parcel is a part.

A conflict exists between the provisions of the Comprehensive Employment and Training Act (29 U.S.C. 801, et seq.) and the State competitive bidding procedures (K.S.A. 75-3739, et seq.) as both statutes apply to the selection of delivery agents for programs operated by the Department of Human Resources pursuant to the Comprehensive Employment and Training Act, and as a result of said conflict the provisions of K.S.A. 75-3739, et seq. , are inapplicable to .

Two separate legislative proposals instituting the death penalty for certain criminal offenses, House Bill No. 2863 and Senate Bill No. 599, both more than adequately comply with present, established constitutional parameters. *

A lot located at Seventh and Washington Streets, devised to the board of directors of the city library of the City of Junction City under a will executed in 1904, may be sold by the board, with the approval of the governing body, and the proceeds thereof applied to the construction of a library facility elsewhere in said city.

The award of a contract for a program known as Medicaid Management Information Services to Electronic Data Systems, Inc., was made in full and scrupulous compli- ance with Kansas competitive bidding requirements.

1978 Senate Concurrent Resolution No. 1640, which pur- ports to rescind, effective March 22, 1979, 1972 House Concurrent Resolution No. 1155, contingent upon the failure of three fourths of the states to ratify the proposed equal rights amendment, is not invalid because it becomes effective at a date certain in the future upon the happening of a contingent event, nor does it represent an act which operates impermissibly to bind subsequent legislatures.