Kansas AG Opinions — 1996

The use of public funds to finance the Kansas and Missouri metropolitan culture district is for a valid public purpose and payment of those funds to a private entity will not defeat that purpose. Furthermore, because the district is a political subdivision of both the states of Kansas and Missouri, public funds appropriated by Kansas counties that are part of the district may be used to fund cultural activities and organizations within the district even if the activity occurs in a Missouri county that is part of the district.

,J. 1 ~t<It.e of 1f!t<Infi<IJi5 ®ffi.c£ of i1r£ J\ttonte~ ~£mra:l 301 S.W.1(JrHAVENUE, TOPEKA 66612-1597 CARLA J. STOVALL ATTORNEY GENERAL August 26, 1996 MAIN PHONE: (913) 296-2215 FAX: 296-6296 TTY: 291-3767 ATTORNEY GENERAL OPINION NO. 96--.IL Mike Haynes Executive Director Ka…

A recreation system established pursuant to K.S.A. 12-1925 may be dissolved following submission of a petition signed by at least 5% of the qualified voters of the recreation district seeking to bring to an eledion a proposition authorizing dissolution, and approval of the proposition by a majority of the qualified eledors voting thereon. Such eledion may be conduded in any year following the third year of operation of the recreation system.

,;State of liau5as @ffil:£ .of :tIr£ J\±t.orm~ ~£mral 301 S.W. 10TH AVENUE, TOPEKA 66612-1597 CARLA J. STOVALL MAIN PHONE: (913) 296-2215 ATTORNEY GENERAL August 21, 1996 FAX: 296-6296 TTY: 291-3767 ATTORNEY GENERAL OPINION NO. 96-~ Wi lliam T. North Chase County Attorney P.O. Bo…

KS.A. 45-216(a) requires public records to be open for inspection unless the record falls within one of the exceptions listed in KS.A. 1994 Supp. 45-221. An agency shall not be required to disclose records of a utility unless the request concerns billings for a specific individual customer named by the requester. A request for records which does not fall under an exclusion listed in KS.A. 45-221 (a) cannot be denied for the reason that the requester plans to contact those listed for the purpose of purchasing property or services.

No constitutional or statutory authority exists for the election of fire district trustees at a general election. Absent such authority, no valid election of fire district trustees may be called and held at the general election conducted in either April or November.

The property tax exemption for real property owned or acquired by a municipality for the purpose of providing office space for the performance of medical services would be lost if the property is also leased to persons or entities that are not licensed to practice medicine and surgery or osteopathic medicine by the board of healing arts pursuant to K.S.A. 65-2801 et seq.

In the absence of statutory authorization, county treasurers may not charge an additional $2 fee per motor vehicle registration when registrants use a "satellite" registration facility. Because the registration fee statutes are uniform and a resolution allowing additional fees would be in conflict therewith, counties may not alter this conclusion by home rule.

Because the mortgage registration fee is a tax on property, mortgages tendered for filing by a city would be exempt from payment of the mortgage registration fee if the mortgage instrument is used exclusively by the state, a municipality or political subdivision of the state.

A county is not generally required to provide burial markers for deceased veterans, but is authorized to do so under home rule powers.

Non-state gaming agency employees of the Kansas racing commission are not prohibited from participation in Indian gaming activities pursuant to L. 1996, ch. 256, § 9.

While the community corrections act is a uniform act applicable to all counties, it does not preempt a county's ability to legislate in the area of community correctional services and a fee charged by a county for program participants does not conflict with the act.

Ji9tate nf ~n1'5119 <IDffitt of tlJ:e J\ftOntell ~:emrttl 301 S.W. lOni AVENUE, TOPEKA 66612-1597 CARLA J. STOVALL MA.tN PHONE: (913) 296-2215 A TrORNI!Y GENERAL June 19, 1996 CONSUMER PRon!cnON: 296-3751 FAX: 296-6296 ATTORNEY GENERAL OPINION NO. 96- 53 The Honorable Kenny A Wil…

A township which maintains a public cemetery may not assume responsibility, either as an owner or trustee, for a private cemetery in the absence of special legislation.

~t&±2 af ~<tn5<t5 @ffic.e 11f tlp~ J\±±l1rnet! (f)£neral 301 S.W. lOrn AVENUE, TOPEKA 66612-1597 CARLA J. STOVALL MAiN PHONE: (913) 296-2215 ArrORNEY GENERAL March 12, 1996 CONSUMER PROTECTION: 296-3751 FAX: 296-6296 ATTORNEY GENERAL OPINION NO. 96-~ The Honorable Troy Findley St…

I " ,;Stat. af ~n:n9n9 (1)ffir~ .of ~ J\±tarm\J (1i~mral 301 S.W. 10TH AVENUE, TOPEKA 66612-1597 CARLA J. STOVALL AITORmY GENERAL MAIN PHONE: (913) 296-2215 CONSUMER PROTBCI'ION: 296-3751 January 18, 1996 FAX:. 296-6296 ATTORNEY GENERAL OPINION NO. 96- 2 Tracy D. Streeter, Execut…