AGO 1989-001.

• Case Date: January 06, 1989
• Court: Kansas

Kansas Attorney General Opinions 1989. AGO 1989-001. January 6, 1989ATTORNEY GENERAL OPINION NO. 89-1The Honorable Wanda Fuller State Representative Eighty-Seventh District 2808 Bennett Wichita, Kansas 67211-3848 Re: State Departments; Public Officers and Employees--Department of Corrections; Community Corrections Act--Grants to Counties for Community Correctional Services; Purchase of Real Estate Synopsis: L. 1988, ch. 29, sec. 8 does not apply to the purchase of an office building by Sedgwick county with monies received through the community corrections grant program. Cited herein: K.S.A. 75-5290; L. 1988, ch. 29, sec. 8; L. 1988, ch. 32, sec. 2; K.A.R. 44-11-123. * * * Dear Representative Fuller: You have requested our opinion of whether section 8 of chapter 29 of the 1988 Session Laws would require specific legislative authorization before the Sedgwick county board of county commissioners may purchase an office building with grant monies obtained from the Kansas Department of Corrections (DOC). You explain that the office building is needed to house the county's community corrections administrative offices. L. 1988, ch. 29, sec. 8 provides in pertinent part:

'No moneys appropriated from the state general fund or any special revenue fund for the fiscal years ending June 30, 1988, or June 30, 1989, by this act or any other appropriations act of the 1988 regular session of the legislature for any state agency, as defined by K.S.A. 75-3701 and amendments thereto, shall be expended for the acquisition of fee title to any real property, whether by purchase, lease-purchase, exchange, contract or by any other method, unless specifically authorized by act of the legislature to acquire title to such real property. No action of the state finance council shall be effective to approve or authorize the expenditure of any such moneys by any state agency, as defined by K.S.A. 75-3701 and amendments thereto, for the acquisition of title to any real property unless specifically authorized by act of the legislature to acquire title to such real property.' (Emphasis added.)

The Sedgwick county community corrections department receives state aid from DOC pursuant to K.S.A. 75-5290 et seq., the community corrections act. The grant program established by this act is funded by monies appropriated for...