Kansas AG Opinions — 1980

A person employed as a director of nursing whose duties as director include "administration, super- vision or teaching of the [nursing] process," as defined by K.S.A. 1979 Supp. 65-1113(d)(1), must be licensed as a registered professional nurse in order to serve in that capacity. Cited here- in: K.S.A. 1979 Supp. 65-1113(d)(1) and 65-1122. * *

A county commission may, pursuant to K.S.A. 12-3901 et seq., consolidate the position of county engineer, created by K.S.A. 1979 Supp. 68-501 et seq., with a county-created position of road supervisor. However, the county may not, through such consolidation, relieve itself of duties imposed by law.

April 24, 1980 ATTORNEY GENERAL OPINION NO. 80-97 Robert F. Duncan City Attorney P.O. Box 349 Atchison, Kansas 66002 Re: Elections--Sufficiency of Petitions--Abandonment of Commission-Manager Form of City Government Synopsis: A city now operating under the commission-manager form…

A unified school district which is an owner of land within the boundaries of a groundwater management district is liable for any annual assessment levied by virtue of K.S.A. 1979 Supp. 82a-1030(a). As such an assessment is not based upon the value of property owned, the school district may not rely on the exemption from property taxes found at Article 11, Section 1 of the Kansas Constitution and K.S.A. 79-201.

K.S.A. 12-3401, et seq., as amended by 1980 Senate Bill 824, authorizes counties to form a port authority for the purpose of acquiring railroad facilities. Said authority does not violate Article 11, Section 9 of the Kansas Constitution.

April 17, 1980 ATTORNEY GENERAL OPINION NO. 80-94 The Honorable Paul Feliciano, Jr. State Senator, Twenty-Eighth District Room 401-S, State Capitol Topeka, Kansas 66612 Re: Uniform Consumer Credit Code--Supervised Lenders-- Examination of National Banks Synopsis: By virtue of 12 …

April 15, 1980 ATTORNEY GENERAL OPINION NO. 80-93 The Honorable Ronald R. Hein State Senator, 20th District Roan 128-S, State Capitol Topeka, Kansas Re: Elections--Registration of Voters--Purging of Registration Lists Synopsis: The provisions of new section 3 of 1980 House Bill N…

The City of Attica is empowered to make improvements to its waterworks system pursuant to K.S.A. 12-856 et seq., and in so doing, may exercise the right of eminent domain granted by K.S.A. 12-867 to obtain land for such purposes within or without the city limits. The city's exercise of the right of eminent domain pursuant to K.S.A. 12-867 is not restrained by the five-mile limitation imposed under K.S.A. 12-845, since both statutes are parts of enactments of the legislature which prescribe two methods or procedures for accomplishment of the same or similar purposes.

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

A certified registered nurse anesthetist has no independent statutory authority to prescribe the administration of medica- tions and treatments to be performed by other registered professional nurses.

The provisions of the "Disposition of Unclaimed Property Act," K.S.A. 1979 Supp. 58-3901 et seq., relating to unclaimed security deposits of utilities, apply only to the deposits of those utilities which are not municipally owned. Unclaimed security deposits of municipally- owned utilities should remain in the custody of the utility and should be accounted for in accordance with the provisions of K.S.A. 1979 Supp. 12-822.

April 9, 1980 ATTORNEY GENERAL OPINION NO. 80-89 Mr. Joseph O'Sullivan Reno County Attorney Law Enforcement Center 210 West First Street Hutchinson, Kansas 67501 Re: Counties and County Officers--Fire Protection--Exercise of Home Rule Authority to Raise Revenue for Salaries of Fi…

April 8, 1980 ATTORNEY GENERAL OPINION NO. 80-88 Helen Schabel Montgomery County Treasurer P. 0. Box 767 Independence, Kansas 67301 Re: Counties and County Officers--General Provisions--Home Rule Powers Motor Vehicles--Registration and Taxation-- Duties of County Officers Synopsi…

Counties subject to the provisions of K.S.A. 19-620 et seq. may, by charter resolution, exempt themselves from those provisions since the statutes in question, and therefore county legislation exempting the county therefrom, do not affect the courts within the meaning of the third limitation on the exercise of county home rule power [subsection (a), third of K.S.A. 1979 Supp. 19-101a], and because the statutes in question do not apply uniformly to all counties.

Absent a statute prescribing the nature of observance of legal public holidays, a board of county commissioners is authorized to make its own determination as to how holidays shall be observed in the county, and to decide which holidays may be enjoyed as vacation days by county employees as the board deems most appropriate, in the exer- cise of the board's general authority under K.S.A. 1979 Supp. 19-101a and its specific authority to fix the days and hours county offices are required to remain open under K.S.A. 1979 Supp. 19-2601.

A county clerk whose duties include those of the county election officer may, pursuant to K.S.A. 25-2303, appoint a full-time deputy county election officer who may perform the responsibilities of the county election officer in the event of the absence or incapacity of such officer.

A city which has established its own solid waste management system and collects fees for solid waste disposal services may proceed to collect delinquent fees or charges pursuant to K.S.A. 1979 Supp. 65-3410 without the involvement or approval of the board of county commissioners of the county in which said city is located.

While the provisions of K.S.A. 79-5a04 prescribe several factors that must be considered by the director of property valuation in determining the fair market value in money of public utility property, said statute prescribes but a single method of appraisal. As a matter of law, therefore, the method of appraisal prescribed in K.S.A. 79-5a04 is not violative of the requirements of Article 11, Section 1 of the Kansas Constitution.

Pursuant to K.S.A. 79-503, depreciation is merely one of the factors to be taken into consideration in appraising property for purposes of property taxation. In appraising any and all property for purposes of property taxation, for which property no other specific method of appraisal has been prescribed by the legislature, all those factors listed in K.S.A. 79-503 must be taken into consid- eration, in order to achieve the ultimate goal of appraising all property at the amount of money a willing buyer is justified in paying to a willing seller. Statutes

There is no statutory authority which entitles a "Funeral Director's Verification of Death" form, which form is prescribed by subsection (b) of K.S.A. 1979 Supp. 65-2412, to be recorded in the office of the Register of Deeds.

March 25, 1980 ATTORNEY GENERAL OPINION NO. 80- 80 Robert Elliott Consumer Credit Commissioner 535 Kansas Avenue Topeka, Kansas 66612 Re: Consumer Credit Code--Definitions-- "Supervised Financial Organization" Synopsis: In order to qualify as a "supervised financial organization"…

Pursuant to K.S.A. 40-201 et seq., it is unlawful to conduct the business of selling insurance without the license required by law. Under certain conditions the sale of extended coverage automobile warranties or service contracts may constitute the business of selling insurance. The terms and effect of each motor vehicle service contract or warranty must be examined individually to determine whether it is in the nature of an insurance contract.

The levy authorized by the voters of Miami County in 1952 constitutes continuing authority for the county to levy up to two (2) mills for hospital purposes. No additional election is required to raise the mill rate to this limit. However, if bonds are to be issued pursuant to K.S.A. 1979 Supp. 19-1869 to finance construction and equipping of an addition to the hospital, an election is required. Statutes cited: K.S.A. 1979 Supp. 19-1801, 19-1809, 19-1869; K.S.A. 79-1947.

The Board of Trustees of the Neosho Memorial Hospital possesses the authority to remodel an existing structure owned by it for the purpose of converting the same into a medical clinic, and, thereafter, lease the clinic to a doctor or doctors. The board, however, may not finance the project using funds derived from a bond issue for some other purpose, or a tax levy imposition. However, funds derived from hospital business receipts, grants and un- restricted donations may be used to finance the project.

Absent any statutory provisions stating otherwise, the secretary of state is the only public officer who can certify as to the official signature of a notary public that is on file in the office of the secretary of state. Statutes cited or construed herein: K.S.A. 53-101 and 53-102 and K.S.A. 1979 Supp. 75-409.

If a mortgagee discovers that, due to an error of fact, it has released a mortgage of real property once of record, upon tender of the mortgage of real property for re-recording, verified by affidavit that the consideration stated therein is principal indebted- ness which was covered by and included in the released mortgage of real property, upon which the registration fee was paid, the register of deeds may not collect or require that any mortgage registration fee be paid.

March 26, 1980 ATTORNEY GENERAL OPINION NO. 80- 75 The Honorable Patrick Augustine Representative, 110th District Roam 273-W Statehouse BUILDING MAIL Re: Taxation -- Bingo -- Regulation of Minors' Participation Synopsis: Through the exercise of the state's police power, the legis…

A city of the second class may sell at public auction unclaimed or confiscated personal property which has been in the custody of the police department for a period of six months. The proceeds from such sale shall be distributed in equal shares to the police and firemen's pension funds. Statutes construed: K.S.A. 1979 Supp. 14-10a02, 22-2512, 21-4206, 65-4101 et seq. *

Hunter Safety Course instructors acting on behalf of the State of Kansas, Fish and Game Commission while conducting an approved course of firearm safety are "employees" within the meaning of the Kansas Tort Claims Act. The Committee on Surety Bonds and Insurance may purchase liability insurance to cover such instructors while acting on behalf of the State of Kansas.

If the name of the American Party of Kansas were changed to the Constitution Party, such change would result in the creation of a new political party. In order for the political party thus formed to nominate candidates for public office, it would necessarily have to comply with the statutory requirements pertaining to the organization of a political party in this state. Statutes cited or construed herein: K.S.A. 25-117, 25-302a and 25-306 and K.S.A. 1979 Supp. 25-301.

A county election commissioner is empowered by K.S.A. 19-3420 to fix the annual salary of his or her assistant election commis- sioner. While a board of county commis- sioners may, by charter ordinance, establish this power in the Board, in the absence of such a resolution the setting of the assistant's salary remains the authority of the election commissioner.

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A mortgage of real property executed by a municipal housing authority to a local bank is subject to the mortgage registration fee. *

The authority and responsibility with respect to county expenditures is vested in the board of county commissioners as a general rule. An exception to the rule exists when the expenditure or obligation is necessary in order for an elected official to carry out his or her statutorily imposed duties or obligations. Fees and compensation collected by county officials or employees should be credited to the county general fund pursuant to K.S.A. 1979 Supp. 28-175, and restitution amounts for damage to county-owned property may properly be placed in the county general fund.

March 11, 1980 ATTORNEY GENERAL OPINION NO. 80-68 Mr. I. B. Wilcox City Attorney City Hall Holton, Kansas 66436 Re: Cities and Municipalities--Public Recreation and Playgrounds--Petitions for and Elections on Establishing Recreation Systems Synopsis: Nothing in the presidential p…

Pursuant to K.S.A. 1979 Supp. 72-1106(b), a board of education may schedule school days in excess of the statutory minimum number of days comprising a school year to compensate for those school days for which it can be anticipated that schools will be closed due to hazardous driving conditions. If a board schedules days in excess of the one hundred eighty school days minimum to compensate for those days on which schools will remain closed due to hazardous driving conditions, but schools remain closed for a greater number of days than anticipated, the excess days, up to the number authorized by

The Tort Claims Act applies to a cause of action founded in tort, including one brought by an employee of the governmental entity against such entity, except that the state or municipality is not liable where the claim arises under the Kansas Workmen's Compensation Act. Furthermore, the City of Chetopa, Kansas, may purchase liability insurance for those purposes contained in K.S.A. 1979 Supp. 75-6111 which would include coverage for city employees indemnified under the Act.

County legislation enacted pursuant to K.S.A. 48-1617 which would prohibit the storage of nuclear waste within the territorial boundaries of the county would be invalid and ineffective. A charter resolution, by which the county would exempt itself from the provisions of K.S.A. 65-3401 et seq. so as to prohibit the storage of nuclear wastes in the county, would also be ineffective since the latter act is applicable uniformly to all counties and not subject to exemption by such charter resolution, as prescribed by K.S.A. 1979 Supp. 19-101a. *

March 10, 1980 ATTORNEY GENERAL OPINION NO. 80- 64 The Honorable Paul Hess State Senator, Thirtieth District Room 120-S Statehouse Building Mail Re: Contracts and Promises -- Interest and Charges -- Computation of Usury Rate Synopsis: Pursuant to K.S.A. 1979 Supp. 16-207 (as amen…

March 7, 1980 ATTORNEY GENERAL OPINION NO. 80-63 The Honorable Joseph C. Harder State Senator, Twenty-Fifth District 143-N, State Capitol Topeka, Kansas 66612 Re: Schools--Teachers' Contracts--Constitutionality of Binding Arbitration Provision in Senate Bill No. 718 Synopsis: Sec…

The presence of a trust arrangement for the payment of workmen's compensation claims does not in itself entitle a participating employer to self-insured status. However, in the dis- cretion of the director of worker's compensa- tion, the beneficial interest of such employer in the trust fund may be considered by the director in determining the assets of the employer on application for self-insured status.

K.S.A. 1979 Supp. 72-1393, relating to rules or regulations by the state board of education concerning certification of certain personnel at community colleges, should be construed both as prohibiting the adoption of any additional such policies, and voiding any existing re- quirements which require such certifica- tion. A regulation which makes certifica- tion of vocational teachers at a community college a pre-condition to the receipt of state assistance is accordingly of no effect after the effective date of the statute. Attorney General Opinion Nos. 75-197 and 75-197A are hereby withdrawn.

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. *

A fire district created pursuant to K.S.A. 1979 Supp. 19-3601 et seq. may issue no-fund warrants pursuant to K.S.A. 1979 Supp. 19-3601b, without the approval or authorization of the state board of tax appeals. Such warrants must be issued in the form and according to the procedures prescribed by K.S.A. 79-2940, with one exception. The notation of authorization prescribed by the latter statute is not applicable to fire district no-fund warrants.

February 29, 1980 ATTORNEY GENERAL OPINION NO. 80-59 Mr. Evan Nightingale Grant County Attorney County Courthouse Ulysses, Kansas 67880 Re: Counties and County Officers--County Homes--Management by Board of Trustees Created Under County's Home Rule Powers Synopsis: (1) The Board …

Industrial revenue bonds issued pursuant to K.S.A. 12-1740 et seq. at an interest rate in excess of ten percent (10%) are not in violation of K.S.A. 1979 Supp. 16-207 (as amended by 1980 Senate Bill No. 731).

A city may impose a late payment charge on overdue accounts involving the purchase of services from a municipally-owned utility. However, the charge must not be unreasonable or excessive, and must be reasonably related to the purpose to be achieved.

Employees of the Kansas Turnpike Authority who receive compensation of twenty thousand dollars ($20,000) or more per year are not required to file statements of substantial interests with the Kansas Secretary of State by K.S.A. 1979 Supp. 46-247.

The appropriation of funds for noncommercial public television pursuant to the provisions of K.S.A. 75-4901 et seq., as amended, does not contravene the requirements of Article 11, Section 9 of the Constitution of the State of Kansas relating to works of internal improvement.

Medical personnel may be compelled by law enforcement officers to perform blood alcohol tests on persons who are in custody and have consented to such a test.