Kansas AG Opinions, 1984

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…

September 6, 19 ATTORNEY GENERAL OPINION NO. 84- 92 David H. Heilman Council Grove City Attorney 200 West Main Street Council Grove, Kansas 66846 Re: Automobiles and Other Vehicles--Act Regulating Traffic; Equipment of Vehicles--One-Way Glass or Glazing of Windows Prohibited Syno…

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.

February 8, 1984 ATTORNEY GENERAL OPINION NO. 84- 9 Charles H. Apt Apt and Apt Attorneys at Law P.O. Box 328 Iola, Kansas 66749 Re: Automobiles and Other Vehicles -- Serious Traffic Offenses -- Driving Under Influence of Alcohol or Drugs; Work Release for Multiple Offenders Citie…

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.

February 3, 1984 ATTORNEY GENERAL OPINION NO. 84 - 8 Marvin A. Harder, Secretary Department of Administration Room 263-E, State Capitol Topeka, Kansas 66612 Re: Kansas Constitution--Legislative--Laws Enacted Only by Bill; All Bills Passed Presented to the Governor Statutes--Rules…

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,

An entertainment program consisting of certain games of chance which is offered by a class "B" private club, whereby a participant stands to win or lose "chips" which may be exchanged for a cocktail or other prize, is upon acceptance by a patron of the "chips" a transaction which constitutes a "bet" as that term is defined in K.S.A. 21-4302(1). The program accordingly constitutes gambling under Kansas law (K.S.A. 21-4303).

Section 3 of chapter 358 of the session laws of 1984 makes it unlawful for any person to sell or distribute smokeless tobacco to any person under the age of 18 years. Smokeless tobacco includes any tobacco product which is suitable for chewing, as defined by K.S.A. 79- 3370.. Unlike the cereal malt beverage laws at K.S.A. 41-2701 et seq., the new act contains no prohibition on either the possession of smokeless tobacco by per- sons under the age of 18 or the dispensing by minors of such products. Accordingly, it is not a violation of the law for a retailer who sells such products to employ min

July 23, 1984 ATTORNEY GENERAL OPINION NO. 84- 7 3 William R. Kauffman General Counsel Kansas Board of Regents Merchants National Bank Building, Suite 1416 Topeka, Kansas 66612-1251 Re: State Institutions -- State Educational Institutions -- Residency Requirements; Rules and Regu…

When a vacancy occurs in the office of a county at- torney and it is impossible to fill the vacancy by - appointment of a person elected by the party central committee as provided by K.S.A. 19-715(a) and 25- 3902, the person appointed as temporary county at- torney pursuant to K.S.A. 19-715(b), shall hold the position until such time as the vacancy may be filled in accordance with statutory procedures or until the next general election in which a county attorney may be elected.

The requirements of the Kansas Pharmacy Act, K.S.A. 65-1601 et seq extend to all persons within or without the state who deliver prescription drugs in Kansas.

The phrase "a broker licensed pursuant to this act" found in K.S.A. 58-3040 makes reference to the entire Real Estate Brokers' and Salespersons' License Act (L. 1980, ch. 164) and not only to one section of that Act.

February 3, 1984 ATTORNEY GENERAL OPINION NO. 84- 7 Lewis A. Heaven, Jr. Bennett & Heaven 11125 Johnson Drive Shawnee, Kansas 66203 Re: Drainage and Levees -- General Provisions -- Dissolution of Districts; Elections; Transfer of Funds Synopsis: K.S.A. 1983 Supp. 24-139 provides …

July 12, 1984 ATTORNEY GENERAL OPINION NO. 84-69 Steven L. Ruddick Associate General Counsel College of Health Sciences and Hospital University of Kansas 39th and Rainbow Kansas City, Kansas 66103 Re: Public Health -- Health Facilities -- Projects Re- quiring Certificate of Need;…

Kansas statutes prohibit the sale of alcoholic liquor at retail through the extension of credit. This is true even where the licensed retail seller in Kansas is not the entity which extends the credit, in that any pattern of sale that involves the use of credit cards is illegal. Further, any sale of alcoholic liquor. by a licensed Kansas retailer through an unlicensed out-of-state promoter is illegal. Finally, the placing of brochures on a retailer's counter which advertise alcoholic liquor, whether one brand or several brands, is likewise prohibited.

July 9, 1984 ATTORNEY GENERAL OPINION NO. 84- 67 Honorable Norman E. Gaar State Senator, Seventh District 8717 West 110th Street Suite 640 Overland Park, Kansas 66210 Re: State Boards, Commissions and Authorities-- Public Employees Retirement System--Compulsory Retirement Age for…

A foreign corporation which: (1) is licensed by the Kansas Department of Health and Environment to operate and manage an adult care home and (2) has entered into a management contract with a care home owner for the purpose of managing and operating the home, is doing business within this state and is therefore subject to the foreign corporation registration requirements of K.S.A. 17-7301 et seq.

Corporate ownership of agricultural land in Kansas is prohibited except as allowed by the provisions of K.S.A. 17-5904. Any arrangement whereby .a landowner transfers title to his property to a new corporation or partnership made up of the landowner and a foreign corporation would be outside any of the permitted ex- ceptions contained in the statute, and would accord- ingly be illegal.

District magistrate judges are not members of the board of trustees of a county law library established pur- suant to K.S.A. 19-1315. The only judges who are mem- bers of such board are district judges.

June 29, 1984 ATTORNEY GENERAL OPINION NO. 84- 63 Mr. Wendell J. Barker Franklin County Attorney Court Building Ottawa, Kansas 66067 Re: Intoxicating Liquors and Beverages--Cereal Malt Beverages-- Issuance of Retailer's Licenses--Effect of Township Board Recommendation SYNOPSIS: …

Parking service officers at the University of Kansas who engage in traffic control as part of their duties are contained within the definition of police officer or law enforcement officer found at K.S.A. 1983 Supp. 74-5602(e), and so are covered by the training pro- visions of the Law Enforcement Training Center Act, K.S.A. 1983 Supp. 74-5601 et seq. If such officers are employed by the University for 1,000 or more hours per year, they are full-time employees for the pur- poses of the act, despite performing traffic control as only a small part of their duties, and therefore must comply with t

In the absence of a charter ordinance providing otherwise, a city which had not adopted a planned unit development ordinance prior to the enactment of K.S.A. 12-725 et seq. may exercise the powers enumerated in the aforesaid statutes only upon complying with the requirements and controls prescribed therein. However, the Wichita Community Unit Plan Ordinance, which was adopted prior to the enactment of K.S.A. 12-725 et seq., is a valid exercise of the city's general zoning powers prescribed by K.S.A. 12-707 et seq., and does not conflict with the provisions of K.S.A. 12-725 et seq.

No state statute prescribes a procedure whereby a city of the third class may change from the commission form of government to the mayor-council form of government. However, the governing body of such a city may, by ordinance adopted pursuant to home rule powers, prescribe that the city shall revert to the mayor-council form of government on the date of the next city election, and provide for the election of a mayor and five council members at that election.

February 1, 1984 ATTORNEY GENERAL OPINION NO. 84- 6 The Honorable Joan Finney Treasurer, State of Kansas 700 Harrison Topeka, Kansas 66601 Re: State Departments -- State Moneys -- Deposit of State Moneys; Use of Notes Representing Loans Under the Federal Guaranteed Student Loan P…

June 28, 1984 ATTORNEY GENERAL OPINION NO. 84- 59 Van Smith Hilton Plaza Building, Suite L2 1135 College Drive Garden City, Kansas 67846 Re: Waters and Watercourses -- Groundwater Management Districts -- Director Serving as State Legislator; No Incompatibility Synopsis: A directo…

Pursuant to K.S.A. 17-2025, the provisions of K.S.A. 17-2021 et seq. do not apply to trust companies which were organized and doing business in Kansas prior to the effective date of the act (June 29, 1957). However, a trust company which transfers its place of business from one city to another must comply with the requirements of K.S.A. 17-2021, which establish capitalization limits based on the size of the city. This section by its specific wording applies to any trust company which makes a change of location, and so is an exception to the general rule established by K.S.A. 17-2025.

June 22, 1984 ATTORNEY GENERAL OPINION NO. 84-57 Charles E. Simmons Chief Legal Counsel Kansas Department of Corrections 700 Jackson, 5th Floor Topeka, Kansas 66603 Re: Crimes and Punishments -- Kansas Criminal Code -- Classification of Crimes and Penalties; Effect of Legislation…

June 22, 1984 ATTORNEY GENERAL OPINION NO. 84- 56 William R. Kauffman General Counsel Kansas Board of Regents Merchants National Bank Building, Suite 1416 Topeka, Kansas 66612-1251 Re: Agriculture -- County Extension Council -- Liability Under Tort Claims Act Agriculture -- Count…

Pursuant to K.S.A. 12-1680, Kansas cities or counties may levy a tax to support service programs for the elderly. Within the limitations of the statute, the board of county commissioners or the governing body of a city may allocate the funds in any manner which they deem appropriate.

June 12, 1984 ATTORNEY GENERAL OPINION NO. 84-54 Mr. Robert J. Watson Kansas City City Attorney Municipal Building One Civic Center Plaza Kansas City, Kansas 66101 Re: Public Utilities--Powers of State Corporation Commission--Municipal Franchises and Ordinances Synopsis: The Kans…