Kansas AG Opinions — 1983

Any election which was otherwise conducted in ac- cordance with the provisions of subsection (e) of K.S.A. 12-1,101, as amended by section 1(e) of 1983 House Bill No. 2023, but which was held on April 5, 1983, was declared valid by the leg- islature in that subsection of law. As the election in Dover Township, Shawnee County, on the prop- osition set-forth in K.S.A. 12-1,101(e), as amended, is conceded to have been conducted in accordance with the provisions of that subsection of law, said election is valid pursuant to legislative declaration.

A county commissioner is not precluded from hold- ing office because his spouse owns the official county newspaper. However, the commissioner must file the required statement disclosing his finan- cial interest in the newspaper pursuant to K.S.A. 75-4301 et seq., and may not make or participate in the making of contracts with such newspaper.

June 29, 1983 ATTORNEY GENERAL OPINION NO. 83- 97 The Honorable Harold P. Dyck State Representative Ninety-Ninth District P. 0. Box 597 Hesston, Kansas 67062 Re: Corporations -- Savings and Loan Code -- Associa- tions Subject to Code; Savings Banks Synopsis: The Garn-St. Germain …

State appropriations to the Agricultural Hall of Fame are not violative of Article 11, Section 9 of the Kansas Constitution.

K.S.A. 75-4202 requires that a bank having a state bank account must service such account without charge to the state or any of its agencies for the disbursement of moneys from such account pur- suant to warrant, draft or check. This provision does not compel such bank to cash without charge to the person presenting it to the bank for pay- ment a warrant, draft or check drawn by the state or any of its agencies upon the state treasury.

Neither a sheriff, nor a board of county commissoners, may, as a precondition to receiving prisoners committed to a county jail by a city, require that the city covenant to hold the county and sheriff harmless, and to indemnify the county and sheriff for any civil liability arising out of the committment of city prisoners to the county jail.

June 13, 1983 ATTORNEY GENERAL OPINION NO. 83- 92 L. 0. Bengtson Attorney at Law 114 East Iron Avenue Salina, Kansas 67401 Re: Irrigation -- Districts -- Board of Directors; Filling of Vacancies Synopsis: Pursuant to K.S.A. 42-706(a), a board member of an irrigation district shal…

The United States Congress has the constitutional power to establish and control legal currency and specifically has determined that Federal reserve notes are legal tender for all debts, public charges, taxes and dues.

Pursuant to the provisions of K.S.A. 55-211a, a city may enter into an agreement for the cooperative devel- opment of oil and gas rights, provided that such an agreement serves a public purpose.

The common law doctrine of incompatibility of offices precludes one person from simultaneously holding the offices of member of the Board of Trustees of Kansas City, Kansas Community College and city councilman for the city of Kansas City, Kansas.

June 13, 1983 ATTORNEY GENERAL OPINION NO. 83 - 89 The Honorable Steven A. Ediger Representative, One Hundred-Fourth District 716 East 14th Street Terrace Hutchinson, Kansas 67501 Re: Counties and County Officers -- Planning and Zoning -- Subdivision of Land; Reasonableness of Re…

June 13, 1983 ATTORNEY GENERAL OPINION NO. 83- 88 Merle R. Bolton Commissioner of Education State Department of Education 120 East 10th Street Topeka, Kansas 66612 Re: Cities and Municipalities -- Investment of Public Monies -- Active Versus Idle Funds; Deposits in Interest-Beari…

A Kansas law enforcement officer may arrest without a warrant a person in Missouri for a crime committed in Kansas when the officer is in fresh pursuit of a fleeing felon, or when a felony is or has been committed in Missouri.

K.S.A. 14-201 requires the city council of a city of the second class, to consent to mayorial appoint- ments for city officials including police officers. Absent confirmation by the council, the appointee does not become a public officer of the city.

The construction of a church within 200 feet of a class A private club has no effect upon the issuance of an annual license to the club.

As provided by K.S.A. 9-1902, the State Bank Com- missioner may deem a bank to be insolvent when, among other things, the actual cash market value of the bank's assets is insufficient to pay the liabilities of its creditors. For the purposes of this statute, the term "assets" refers to the bank's capital account, bond and securities ac- counts, and other liquid items, but does not in- clude furniture, equipment, buildings or real estate.

K.S.A. 8-237 permits the holder of a restricted drivers license between the age of 14 and 16 to operate a motor vehicle on days while school is in session over the most direct and accessible route between the licensee's residence and school of enrollment for the purpose of school attendance. The term "school attendance" has a narrower meaning than "school activities;" therefore, the holder of a restricted license is not permitted by this statute to operate a motor vehicle for transportation to mere school activities.

May 24, 1983 ATTORNEY GENERAL OPINION NO. 83- 82 Loren H. Houk Attorney at Law 216 West Main Valley Center, Kansas 67147 Re: Counties and County Officers -- Fire Protection -- Creation of County Fire District; Effect on Existing Contracts of Townships and Cities Synopsis: Pursuan…

Pursuant to K.S.A. 72-5440(b), members of a due process hearing committee selected in accordance with K.S.A. 72-5438 are entitled to be paid only subsistence allowances, mileage and other expenses as provided in K.S.A. 75-3223. Such committee members are not entitled to receive compensation.

1983 amendments to K.S.A. 1982 Supp. 19-101a(a) permit a county to exempt itself from a nonuniform tax levy statute and provide substitute and additional provisions therefor, so long as the county's charter resolution specifies that a portion of the proceeds of any property tax levied by the county will be used to pay the principal of, and interest upon, bonds issued by a city under the authority of K.S.A. 12-1774, and amendments thereto. This amendment supersedes the conclusion reached in Attorney General Opinion No. 82-87.

January 21, 1983 ATTORNEY GENERAL OPINION NO. 83- 8 Charles V. Hamm General Counsel Legal Division Department of Social and Rehabilitation Services State Office Building Topeka, Kansas 66612 Re: Automobiles and Other Vehicles--Serious Traffic Offenses--Driving While Under Influen…

May 19, 1983 ATTORNEY GENERAL OPINION NO. 83- 79 Mr. Howard Schwartz Judicial Administrator Kansas Judicial Center Topeka, Kansas 66612 Re: Cities and Muncjpalities--Code for Municipal Courts; General Provisions--Municipal Court; Jurisdiction Synopsis: No provision of the Code of…

As introduced by the House Committee on Assessment and Taxation, 1983 House Bill No. 2053 does not involve an unlawful delegation of legislative power and does not contain more than one subject. Cited herein: 1983 House Bill No. 2053, Kan. Const., Art. 2, §1, Art. 2, §16. *

Sheriffs and their deputies may properly operate county- owned law enforcement vehicles outside the territorial boundaries of the county when exercising lawful juris- diction outside such county or in carrying out the statutory duties of the sheriff.

Expenses related to a district court magistrate's attendance at educational programs and seminars are properly payable by county moneys if such ex- penses are within the budget as approved by the board of county commissioners and authorized by the administrative judge of the subject district court.

Pursuant to K.S.A. 24-413, whenever a vacancy occurs in the office of director of a drainage district organized under K.S.A. 24-401 et seq., the remaining two directors shall appoint a per- son to hold the office until the next election. Such person must be a "qualified resident" of the district, as such term is used in K.S.A. 24-409 to include freeholders of the district who reside in the county in which the district is located. In the event that the two remaining directors are deadlocked and cannot appoint a third member, the district court may be asked, through an action in mandamus, to ord

In the absence of specific statutory authority, the State Park and Resources Authority is without authority to lease state park lands for the production of oil, gas or other minerals.

Current rules and regulations explicitly covering the procedures for the submission of applications for bank charters are inapplicable to trust companies. Neither the state bank commissioner nor the state banking board is authorized by statute to promulgate rules and regulations governing the submission of applications for authority to operate a trust company which is unrelated to a bank. Present Kansas law does not require the giving of public notice upon the filing of an appli- cation for authority to operate a trust company.

To become a certified arson investigator and exercise the police powers attendant thereto, an individual must meet the requirements established by rules and regulations of the state fire marshal and successfully complete a firearm training course as prescribed for law enforcement officers under K.S.A. 1982 Supp. 74-5604a. An individual need not complete the basic training course established for law enforcement officers in accordance with K.S.A. 74-5607a in order to be certified as an arson investigator.

May 11, 1983 ATTORNEY GENERAL OPINION NO. 83 - 71 Jeffrey A. Chubb Montgomery County Attorney County Courthouse Independence, Kansas 67301 Re: Taxation -- Listing and Valuation of Real Estate -- Duty of County Clerk to Execute and Record Plat Counties and County Officers -- Regis…

The qualifications for a cereal malt beverage re- tailer license are specified by statute and any applicant for such license issued by a city govern- ing body who meets those qualifications must be granted a license.

January 19, 1983 ATTORNEY GENERAL OPINION NO. 83- 7 The Honorable John Carlin Governor of Kansas 2nd Floor, State Capitol Topeka, Kansas 66612 Re: State Departments; Public Officers, Employees -- Department of Corrections -- Qualifications of Secretary of Corrections Synopsis: K.…

K.S.A. 68-515b provides that a board of county com- missioners shall, upon the filing of a petition con- taining the requisite number of signatures, adopt the county road unit system. Any qualified elector may sign the petition, regardless of the location of his or her residence within the county. While county road employees are not barred by statute from assisting in the circulation of such a peti- tion, they may not use public time or equipment in so doing.

A sheriff may refuse access to the jail to a person claiming to be a minister if, after inquiry of the person's professional status, the sheriff is convinced that the person does not qualify as a "minister" within the meaning of K.S.A. 19-1906. The sheriff may consider the credentials of ordination, any acknowledgment of a sect that such person is a minister and the extent to which the person is practicing the ministry as a vocation.

The Topeka-Tecumseh Fire District, created pursu- ant to K.S.A. 80-1540 et seq., is without statutory authority to provide emergency medical care unre- lated to the providing of firefighting services in its territorial district.

It is within the power of the Kansas legislature to designate the membership composition of a county planning board.

A county attorney has inherent power, within budget limitations, to appoint such assistant county attor- neys as he or she deems necessary to properly expedite the business of his or her office. Cited herein: K.S.A. 19-702, 19-703, 19-704, 19-706b, 19-713, 19-716, 19-724, 28-167.

Article 12, Section 5 of the Kansas Constitution confers upon cities a broad measure of authority over their own affairs. Commonly known as home rule, this power must be exercised subject to the limitations contained in the constitution, one of which is the requirement that action be taken by means of an ordinance subject to the provisions of K.S.A. 12-3001 et seq. Action by a city through a resolution rather than an ordinance does not meet this requirement, leaving invalid any exercise of home rule made as a result thereof.

County attorneys must maintain an office at the seat of justice, unless otherwise provided by law or the board of county commissioners. Cited herein: K.S.A. 19-2601. *

A county may, pursuant to K.S.A. 68-1101 et seq., isuebondsforthepurposeofrepairingorre- placing bridges within such county. If a propo- sition is approved by the voters which states with specificity the bridges that are to be improved with the bond proceeds, the county may not there- after use the funds for different purposes. How- ever, should part or all of the proposed projects prove to be impractical, the county may use sur- plus proceeds to retire the bond issue ahead of schedule or to reduce the tax levy made to retire the bonds.

Article 11, §9 of the Kansas Constitution prohi- bits the state of Kansas from expending state moneys to guarantee loans made by the federal government for railroad rehabilitation where the federal government will be fully reimbursed on the loans by the state. However, Article 11, §9 does not prohibit the legislature from providing payment of state moneys in an amount not to exceed one-half of the loss assumed by the federal govern- ment in the event of default on any loan made for a railroad project.

K.S.A. 19-2658 authorizes the board of county commissioners to exchange county-owned property for a parcel of real property which would be utilized as a county landfill.

The Kansas Open Meetings Act is uniformly appli- cable to all cities and may not be circumvented by a charter ordinance. However, the quorum re- quirements of K.S.A. 13-1810 are provisions of an enactment of the legislature which is not uniformly applicable and may be changed by charter ordinance. Such charter ordinance will be subject to the "protest" style election authorized by Article 12, Section 5(c)(3) of the Kansas Constitution. "Majority," as the term is used in K.S.A. 13-1810, means the number one greater than half the number of members of the governing body and may not be changed by

When the House of Representatives amended 1983 Senate Bill No. 384 so as to transform it from a bill relating to the collection of delinquent taxes owed by nonresidents into a bill providing for the imposition of a severance tax, a new bill was introduced. Thus, when said bill was passed by the House on the same day it was introduced, without the declaration of an emergency, serious questions are raised regarding the validity of this bill in light of Article 2, Section 15 of the Kansas Constitution.

The creation of an independent trust fund, outside the state treasury, containing gifts, grants, donations or bequests and administered by state board of education members acting as trustees, is not contemplated by the existing statutes, and would require a separate enabling act by the legislature.

A county has no authority to adopt a resolution which modifies the statutory formula, prescribed in K.S.A. 12-192, for apportioning revenue received from a countywide retailers' sales tax. However, pursuant to K.S.A. 12-197, a county may adopt a resolution, according to the procedure prescribed by K.S.A. 19-117, pledging a portion of the county's share of a countywide retailers' sales tax (if such tax is approved by the voters) for services or improvements to be provided by the county within townships located in the county.

The zoning authority granted by K.S.A. 1982 Supp. 19-2950 et seq. may be exercised only by an improve- ment district "which is located adjacent to any park or recreation area within Wabaunsee County." Further, no provision of the improvement district act, K.S.A. 19-2753 et seg., grants authority to the board of directors of an improvement district to zone property within the district.

April 11, 1983 ATTORNEY GENERAL OPINION NO. 83- 55 James R. Cobler, Director Division of Accounts and Reports Department of Administration State Office Building Topeka, Kansas 66612-1574 Re: Banks and Banking--Banking Code; Deposit of Public Moneys--Security for Deposits of Publi…

A county hospital organized and operated pursuant to K.S.A. 19-1801 et seq. may, at the discretion of the board of trustees, establish and fund pension and deferred compensation plans for its employees. If it desires, the board may affiliate with the Kansas Public Employees Retirement System (KPERS) by submitting an application for affiliation under K.S.A. 1982 Supp. 74-4910. Such an application must be approved by a two-thirds vote of the board of trustees, and is irrevocable once it is filed with KPERS.

K.S.A. 48-930 authorizes counties to enter into interjurisdictional disaster agreements only after the governor has made certain findings and ordered counties to so act. However, both K.S.A. 1982 Supp. 19-101a and K.S.A. 19-212 Eleventh, authorize counties to enter into mutual aid agreements for disaster emergencies without gubenatorial directive, so long as such agreements are not contrary to local disaster emergency plans as approved by the division of emergency preparedness.