Kansas AG Opinions, 1984

December 19, 1984 ATTORNEY GENERAL OPINION NO. 84-127 Eugene T. Barrett, Jr. State Bank Commissioner Kansas Banking Department 700 Jackson, Suite 300 Topeka, Kansas 66603 Re: Banks and Banking -- Banking Code; Deposit of Public Moneys -- Securities for Deposits of Public Funds; R…

The names of juveniles aged 16 or 17 years of age who have committed a public offense may be entered into the NCIC system.

Where there are three simultaneous vacancies on the city council of a third class city, the mayor must appoint an elector to fill the first vacancy with the consent of the two remaining council members. Thereupon, that appointee having taken office, the mayor should proceed to fill the second vacancy, with the consent of a majority of all council members (including the member just appointed), and so on, until all vacancies are filled.

The common law doctrine of incompatibility of offices precludes one person from simultaneously holding the offices of city council member and clerk of the municipal court in a city of the third class having a mayor-council form of government. Cited herein: K.S.A. 12-4108.

Based on existing decisions, the federal courts would construe the Kansas mortgage registration fee to be "a stamp tax or similar tax" within the meaning of 11 U.S.C.A. §1146(c). Consequently, this tax may not be imposed upon a mortgage of real property which is given pursuant to a reorganization plan that has been confirmed under the federal bankruptcy code.

December 13, 1984 ATTORNEY GENERAL OPINION NO. 84- 120 Karen Barefield County Attorney Ottawa County Courthouse Minneapolis, Kansas 67467 Re: Counties and County Officers -- Sheriff -- Qualifications for Office Synopsis: By the terms of K.S.A. 1983 Supp. 19-801b, an indi- vidual …

December 11, 1984 ATTORNEY GENERAL OPINION NO. 84- 118 John A. Lamb Director Alcoholic Beverage Control Division Department of Revenue 700 Jackson, 2nd Floor Topeka, Kansas 66625 Re: Intoxicating Liquors and Beverages -- Licensing and Related Provisions -- Persons Ineligible for …

November 27, 1984 ATTORNEY GENERAL OPINION NO. 84- 117 Robert L. Earnest Russell City Attorney P. 0. Box 72 410 North Main Street Russell, Kansas 67665 Re: Bonds and Warrants--Cash-Basis Law--Lease or Installment-Purchase Agreements Synopsis: Under the provisions of K.S.A. 10-111…

A city without a medical treatment facility may, pursuant to home rule powers granted by Article 12, Section 5 of the Kansas Constitution, adopt an ordinance granting public funds to a private, nonprofit corporation for the construction and operation of a medical clinic to serve the city.

November 8, 1984 ATTORNEY GENERAL OPINION NO. 84- 115 Larry K. Vardaman Director, Youth Residence Hall 1900 East Morris Wichita, Kansas 67211 Re: Public Health -- Homes for Children -- Persons Pro- hibited from Employment Therein; Effect of Expunge- ment of Offense Synopsis: K.S.…

A city or county may levy a tax to support a service program for the elderly under the provisions of K.S.A. 12-1680. That statute does not, however, authorize a hospital district to levy such a tax.

October 31, 1984 ATTORNEY GENERAL OPINION NO. 84- 113 Bert Cantwell Superintendent Kansas Highway Patrol 122 SW Seventh Topeka, Kansas 66603 Re: Insurance -- Kansas Automobile Injury Reparations Act - - Motor Vehicle Liability Insurance; Applica- bility to Non-Resident Motorists …

Pursuant to K.S.A. 72-7071(b), any increase in funds obtained by a school district by appeal to the State Board of Tax Appeals must be budgeted and expended exclusively for the purpose for which the increase is authorized. Thereafter, any such amount may not be budgeted or expended for a purpose different than the purpose for which an increase was initially obtained.

October 19, 1984 ATTORNEY GENERAL OPINION NO. 84-111 William A. Taylor III Cowley County Counselor P.O. Box 731 Winfield, Kansas 67156 Re: Counties and County Officers -- Planning and Zoning -- Regulations Governing Subdivision of Lands; Approval of Plats Synopsis: Pursuant to K.…

October 19, 1984 ATTORNEY GENERAL OPINION NO. 84- 110 John R. Wurth Securities Commissioner 503 Kansas Avenue, Suite 212 Topeka, Kansas 66603 Re: Corporations -- Securities -- Registration; Sub- mission of Notice Attorneys at Law -- Attorneys From Other States -- Appearances Befo…

K.S.A. 41-715 prohibits the dispensing, whether through sale or gift, of alcoholic liquor to persons who are incapacited or who are physically or mentally in- capacitated through the consumption of liquor, and makes a violation of the statute a misdemeanor. As a criminal statute, the language of K.S.A. 41-715 must be strictly construed, and cannot be read so as to include the sale of liquor to a person who is not in- toxicated at the time of sale, even if such person is known to have a history of alcohol abuse. Cited herein: K.S.A. 41-715; 59-3002; K.S.A. 1983 Supp. 77-201, Thirty-First; L. 19

An extension of water lines owned and maintained by a water district organized pursuant to K.S.A. 19-3501 et seq. does not constitute a "municipal work or improvement," within the meaning and intent of K.S.A. 12-6a01 et seq.

The authority of the Kansas Department of Economic Development to make grants pursuant to Chapter 276 of the 1984 Session Laws of Kansas (to establish incubator facilities for small business concerns) is subject to the condition that only qualified nonprofit corporations shall be eligible to receive a grant. A city or county is not such a nonprofit corporation, and is not eligible to receive a grant, even under circumstances where the city or county agrees to "pass the funds through" to an eligible nonprofit corporation.

K.S.A. 1983 Supp. 79-1801 and 12-1678a are statutes in pari materia which authorize and require the county clerk to place delinquent utility charges (constituting a lien on real property) upon the tax rolls where a city ordinance provides for certification and collection "in the same manner as taxes levied against property."

Reserve police officers are not law enforcement officers but rather persons who assist law enforcement officers, and therefore fall within the general prohibition against carrying concealed firearms when off duty. K.S.A. 1983 Supp. 21-4201(1)(d). They may carry concealed firearms when on duty or during those hours they are actively engaged in assisting law enforcement officers. Cited herein: K.S.A. 19-805b, 21-3110, K.S.A. 1983 Supp. 21-4201, 74-5602. * *

October 3, 1984 ATTORNEY GENERAL OPINION NO. 84- 103 John J. Gillett Wilson County Attorney Wilson County Courthouse, Room 201 Fredonia, Kansas 66736 Re: State Departments; Public Officers, Employees -- Kan- sas Open Meetings Act -- Joint Meetings Between Gov- erning Bodies Subje…

Article 11, Section 9 of the Kansas Constitution pro- hibits the state from being a "party" in carrying on works of "internal improvement," apart from four specific exceptions. One of these exceptions permits the state to be a party in - flood control works and works for the "conservation or development of water resources," with no limit on the amount of general obligation bonds which may be issued and no prohibition on the use of property tax revenues. Revenue bonds are not covered by the language of Article 11, Section 9, and may be issued regardless of any limits contained therein, in that

October 1, 1984 ATTORNEY GENERAL OPINION NO. 84- 101 Joseph W. Snell Executive Director Kansas State Historical Society 120 West Tenth Street Topeka, Kansas 66612 Re: Public Health -- Uniform Vital Statistics Act -- Disclosure of Records Synopsis: State and local authorities may …

September 21, 1984 ATTORNEY GENERAL OPINION NO. 84- 99 The Honorable Jack H. Brier Secretary of State State Capitol, 2nd Floor Topeka, Kansas 66612 Re: Elections -- Voting Procedure -- Write-In Candidates; Use of Stickers Bearing Name of Candidate Synopsis: Although two Kansas st…

September 21, 1984 ATTORNEY GENERAL OPINION NO. 84- 100 The Honorable Leroy A. Hayden State Senator P.O. Box 458 Satanta, Kansas 67870 Re: Elections -- Sufficiency of Petitions -- County-Wide Initiative; No Basis In Constitution or Statutes -c—nopsis: Before a petition requesting…

Interests in land subject to administration by the securities commissioner pursuant to the Uniform Land Sales Practices Act, which qualify as a "subdivision" or "subdivided lands" under K.S.A. 58-3301, include "time share" and "undivided fractional ownership" interests so long as they.are not exempted by the provisions of K.S.A. 58-3303.

September 20, 1984 Attorney General Opinion No. 84- 97 H. Scott Beims Rawlins County Attorney Rawlins County Courthouse Atwood, Kansas 67730 Re: Public Health -- Solid Waste -- Collection and Disposal by County; Schedule of Fees Synopsis: Pursuant to K.S.A. 65-3410, a county may …

As amended by Laws 1984, Chapter 154, Section 1(g), K.S.A. 1983 Supp. 38-1523(g) establishes a policy that law enforcement officers investigating reports of abuse or neglect on school premises do so in street clothes. However, the statute imposes no absolute requirement and allows safety and practical considerations to be taken into account. Accordingly, a small police force could determine that its officers should not take the additional time needed to change from their uniforms into street clothes, and then back again, in making such investigations.

A proposed ordinance which would abolish the office of city administrator in a city of the second class operating under the commission form of government is an administrative ordinance, and is not a proper subject of an initiative petition under the provisions of K.S.A. 12-3013.

September 12, 1984 ATTORNEY GENERAL OPINION NO. 84- 94 The Honorable William R. Brady State Representative, Sixth District 1328 Grand Parsons, Kansas 67357 Re: Personal and Real Property -- Marketable Record Title Act -- Extension of Twenty-Five Year Period; Effect on Existing In…

September 7, 1984 ATTORNEY GENERAL OPINION NO. 84- 93 Honorable Paul "Bud" Burke, Chairman Senate Assessment and Taxation Committee 8229 Cherokee Circle Leawood, Kansas 66206 Honorable Jim D. Braden, Chairman House Assessment and Taxation Committee P.O. Box 58 Clay Center, Kansas…

The legislature may refuse to appropriate moneys to provide funds for a particular lease of office space already entered into by a state agency and may direct that no appropriated moneys shall be used for such purpose. However, the legislature may not prescribe that an agency may not enter into any lease for office space without the prior approval of the State Finance Council or some other legislatively-dominated committee. Such a limitation on prospective action by a state agency violates the doctrine of separation of powers and is unconsti- tutional. Attorney General Opinion No. 81-83 is rea

A child who lives in Missouri with one of his or her parents is not assured of the right to attend public schools in Kansas even though the child's other parent is a resident of Kansas. -However, the child may be granted the right to attend public school in this state.

Where a law enforcement officer detains a person without a warrant for misdemeanor theft, and the officer does not arrest the person but instead serves upon him a notice to appear in court, the officer must, pursuant to K.S.A. 22-2408, release the person upon receiving a written promise to appear in court. Under such circumstances, the officer may not detain the person to take finger- prints and photographs.

August 29, 1984 ATTORNEY GENERAL OPINION NO. 84- 88 The Honorable Fletcher Bell Commissioner of Insurance 420 SW 9th Street Topeka, Kansas 66612 Re: Insurance -- Health Care Provider Insurance -- Health Care Stabilization Fund; Board of Governors State Departments; Public Officer…

August 29, 1984 ATTORNEY GENERAL OPINION NO. 84- 87 Marvin S. Steinert Savings and Loan Commissioner 503 Kansas Avenue, Room 220 Topeka, Kansas 66603 Re: Corporations -- Savings and Loans; Incorporation and Organization -- Change of Name; Use of Word "Bank" Synopsis: K.S.A. 17-52…

August 17, 1984 ATTORNEY GENERAL OPINION NO. 84- 86 The Honorable Jack H. Brier Secretary of State Capitol, Second Floor Topeka, Kansas 66612 Re: Elections -- Official Ballots -- Simultaneous Can- didacies; Simultaneous Nomination to Same Office. Synopsis: The Kansas Legislature …

K.S.A. 19-4003 vests the authority for personnel matters at a multi-county mental health center in the governing board of the center. While the statutes pertaining to the formation of multi- county mental health centers do not provide for a county to withdraw from participation, the power to terminate participation in such a center may be implied from the provisions of the act. Provisions for withdrawing from participation may be part of an agreement between the participating counties per- taining to the mental health center. In such a case, the right of the county to withdraw is dependent upo

K.S.A. 25-1709 prohibits corporations carrying on the business of a bank from making contributions to political parties. As previously discussed in At- torney General Opinion No. 82-280, the "business of a bank" involves accepting deposits, allowing with- drawals, and paying interest on accounts. As a company which owns all or a portion of the stock of a bank is itself not engaged in the busines of bank- ing, it is not subject to the prohibitions of the statute, and may make contributions to political cam- paigns or political parties, subject to applicable federal laws.

The filing of the 1875 plat of the City of McPherson did not result in a statutory dedication of Block 56 thereof to the public use of McPherson County, and the subsequent deed conveying such property to the County did not result in a common law dedication to public uses.

August 9, 1984 ATTORNEY GENERAL OPINION NO. 84- 82 Philip C. Lacey McPherson City Attorney P.O. Box 1143 McPherson, Kansas 67460 Re: Cities and Municipalities--General Provisions-- Corporate Powers Re: Cities of the First Class--Parks, Parkways, Boulevards and Playgrounds--Off-St…

Advisory committees appointed by a body subject to the Kansas Open Meetings Act, K.S.A. 75-4317 et seq., are themselves subject to the act, even though the advisory committee neither receives nor expends public funds, and is not supported in whole or in part by public funds. As such committees participate in the decision- making process by gathering information, evaluating options, and making recommendations to the governing body, they participate in "the conduct of the affairs of" the governing body, and so are covered by the scope of K.S.A. 1983 Supp. 75-4318(a).

County and city departments or agencies that exercise control over county and city-owned and managed prop- erty upon which blind vendors vending facilities are located are subject to the jurisdiction of the arbi- tration board established by K.S.A. 75-3341, as amended, in hearing appeals concerning alleged violations of K.S.A. 75-3337 et seq.

August 6, 1984 ATTORNEY GENERAL OPINION NO. 84- 79 Maynard L. Brazeal, Director Kansas Law Enforcement Training Center P.O. Box 647 Hutchinson, Kansas 67504 Re: State Boards, Commissions and Authorities- - Law Enforcement Training Center; Advisory Commission--Certification of Sta…

August 3, 1984 ATTORNEY GENERAL OPINION NO. 84- 78 E. P. Moomau Assistant Superintendent Kansas Highway Patrol 122 SW Seventh Street Topeka, Kansas 66603 Re: Public Health -- Emergency Medical Services -- Attend- ants Certificates; Temporary Certificates Synopsis: K.S.A. 65-4321,…

The Shawnee County Civil Service Board, established pursuant to K.S.A. 19-4303 et seq., may enforce rules adopted in accordance with its express statutory authority, either through expressly authorized admin- istrative procedures, criminal process pursuant to K.S.A. 19-4327, or its implied enforcement authority via the inherent equitable powers of the district court.

A city may levy a tax to create a library building fund under the provisions of K.S.A. 12-1737(d), but the power to levy a tax pursuant to that statute expires after the levy has been made for a period of 10 years. If the library building fund created is insufficient at the end of the 10 year period, a city may, pursuant to Article 12, Section 5(b) of the Kansas Constitution and K.S.A. 12-137, adopt an ordinance providing for the levy of a tax to create an additional fund to be used to erect and construct a library building. Cited herein: K.S.A. 12-137, 12-1736, 12-1737, Kan. Const., Art. 12,