Kansas AG Opinions — 1974

General C, 1 74 Opinion No. 74- 36 Honorable Don Christy ,enatorSenatory-Ninth District Senate Chamber Topeka, Kansas 66612 Dear Senator Christy: You inquire concerning section 31 of 1974 House Bill 1725, which states in pertinent part thus: "No legislator shall participate, by v…

November 11, 1974 Opinion No. 74-359 Mr. Fletcher Bell, Secretary Kansas Judges Retirement Board State Office Building Topeka, Kansas 66612 Dear Mr. Bell: You inquire whether the provisions of Senate Bill 938 (Chapter 142 L. 74) will in some instances result in a reduction of ret…

November 7, 1974 Opinion No. 74- 358 Mr. Lawrence H. Litson Gove County Attorney Gove, Kansas 67736 Dear Mr. Litson: Having reviewed Opinion no. 73-289, you pose two questions concerning requirements applicable to the county solid waste management plan. You ask whether it is mand…

November 4, 1974 Opinion No. 74-357 Mr. J. F. Soest Chief Attorney Veterans' Administration Center 5500 East Kellogg Wichita, Kansas 67218 Dear Mr. Soest: You have written this office requesting our opinion as to what procedure should be followed by the Administrator of Veterans'…

November 8, 1974 Opinion No. 74- 356 The Honorable Fred L. Weaver State Representative-First District Cherokee County R. R. No. 1 Baxter Springs, Kansas Dear Representative Weaver: You inquire concerning the potential liability of the State of Kansas under Article VI, "Mutual Aid…

November 8, 1974 Opinion No. 74-355 Mr. Lowell Long State Director of Personnel Division of Personnel 801 Harrison Street Topeka, Kansas 66612 Dear Mr. Long: You inquire whether the Division of Personnel "may restrict the certification of eligibles on the eligible list for the cl…

November 7, 1974 Opinion No. 74- 354 Mr. Lowell F. Hahn Phillips County Attorney Phillipsburg, Kansas 67661 Dear Mr. Hahn: You advise that the question has been raised by the county judge of Phillips County whether she may lawfully appoint the deputy of another elected county off…

November , 1974 Opinion No. 74- 353 Mr. Henri Fournier Executive Director State Board of Cosmetology 630 Kansas Avenue Topeka, Kansas 66603 Dear Mr. Fournier: You inquire concerning the licensure of beauty shops within hospitals, nursing homes and rest homes. K.S.A. 39-938 states…

November 5, 1974 Opinion No. 74-352 The Honorable Wallace M. Buck, Jr. 4008 Stratford Road Topeka, Kansas 66604 Dear Representative Buck: We have your letters of October 11, requesting review of Opinion No. 74-38 in view of the additional facts you have supplied. In that opinion,…

October 31, 1974 Dr. Lyman S. Johnson President of the Board Kansans For Life At Its Best! 218 1/2 West Sixth Street Topeka, Kansas 66603 Dear Doctor Lyman: We have your letter of October 23, 1974. You correctly note that non-lottery "bingo" itself is not illegal. It is illegal o…

October 23, 1974 Opinion No. 74- 350 Mr. H. R. Howe, Superintendent West Elk Unified School District 282 P. O. Box 355 Howard, Kansas 67349 Dear Superintendent Howe: You pose several questions concerning the relationship of the county health nurse to the unified school district. …

VERN MI LLER Attorney General February 1, L27 ,1 Opinion No. 74 - 35 The Honorable F. W. Rosenau HouseofRepresentatives State Capitol Building Topeka, Kansas (56612 Dear Representative Rosenau: You enclose a letter from Don Martin, the City Attorney of Kansas City, Kansas, addres…

October 24, 1974 Opinion No. 74- 349 Mr. James R. Cobler, Director Accounts and Reports Division Second Floor, Capitol Topeka, Kansas 66612 Dear Mr. Cobler: The question has been raised whether K.S.A. 46-132 prohibits the appointment of Mr. E. A. Rensmeyer, who was elected in 197…

October 24, 1974 Opinion No. 74-348 Mr. Gerald C. Golden County Attorney P. 0. Box "R" Meade, Kansas 67864 Dear Mr. Golden: We have your letter of October 22. I enclose copies of three opinions, each of which deal in some fashion with the sufficiency of write-in names. Generally …

October 17, 1974 Opinion No. 74- 347 Mr. E. Keith Beard Wilson & Beard 148 N. Fowler Meade, Kansas 67864 Dear Mr. Beard: We have received your letter with its questions pertinent to the Meade County Fair Association. K.S.A. 2-131b provides in part: "The board of county commission…

October 17, 1974 Opinion No. 74- 346 Mr. Tom R. Smith Assistant County Attorney Seward County 415 N. Washington Liberal, Kansas 67901 Dear Mr. Smith: You inquire concerning the continuing validity of the voter registration of an individual who was a validly re- gistered voter dur…

October 16, 1974 Opinion NO. 74-345 Mr. Lee B. Connell Consumer Credit Commissioner 535 Kansas Avenue Topeka, Kansas 66603 Dear Mr. Connell: This office is in receipt of your letter of May 9, 1974, wherein you request an opinion of the legality of an arbitration agree- ment which…

October 18, 1974 Opinion No. 74-344 Mr. S. J. Reda Warehouse Division Grain Inspection Department 801 Harrison Topeka, Kansas 66612 Dear Mr. Reda: You inquire whether monies derived from charges to ware- housemen for amending a license, e.g., name change or the like, would consti…

October 15, 1974 Opinion No. 74- 341 Mr. Phillip M. Fromme Coffey County Attorney 100 North 3rd Burlington, Kansas 66839 Dear Mr. Fromme: This will acknowledge receipt of your opinion request of October 4, 1974. You advise us of the following facts. On August 7, 1974, immediately…

October 15, 1974 Opinion No. 74- 342 Mr. Ron Svaty P. 0. Box 83 Ellsworth, Kansas 67439 Dear Mr. Svaty: You inquire whether a person who has been a township officer may continue to serve in that capacity when that person moves out of the township. K.S.A. 80-202 states thus: "Ever…

October 15, 1974 Opinion, No. 74-341 Mr. Max Bickford, Executive Officer Board of Regents-State of Kansas Suite 1416, Merchants National Bank Tower Topeka, Kansas 66612 Dear Mr. Bickford: You advise that on September 20, 1974, the Board of Regents adopted the following minute: "I…

October 15, 1974 Opinion No. 74- 340 Mr. Keith B. Mueller Superintendent, USD 378 Riley, Kansas 66531 Dear Mr. Mueller: We have received your letter concerning the legal status of payment of sick leave benefits to an employee for time off during a normal pregnancy. You did not sp…

VERN MILLER Attorney General Opinion No. 74- 34 January 31, 1974 The Honorable Dan Thiessen House of Representatives State Capitol Building Topeka, Kansas 66612 Re: Opinion Request: House Bill No. 1450 Dear Representative Thiessen: K.S.A. 79-503 provides a definition for the term…

October 11, 1974 Opinion No. 74- 339 The Honorable David P. Mikesic Representative, 36th District 3116 West Barker Circle Kansas City, Kansas 66104 Dear Representative Mikesic: You advise that the sheriff of Wyandotte County has requested that the board of county commissioners ta…

October 11, 1974 Opinion No. 74- 338 Charles E. Sims State Librarian Kansas State Library 535 Kansas, 4th Floor Topeka, Kansas 66612 Dear Mr. Sims: Section 1, ch. 382, L. 1974, provides in pertinent part concerning the distribution of monies in the grant-in-aid to libraries fund:…

October 11, 1974 Opinion No. 74- 337 Barry A. Bennington Stafford County Attorney Office of County Attorney St. John, Kansas 67576 Dear Mr. Bennington: You advise that in Stafford County, there are no persons nominated as candidates for election to the office of County Attorney, …

October 10, 1974 Opinion No. 74- 336 Mr. John H. Taylor County Attorney Geary County Courthouse Junction City, Kansas 66441 Dear Mr. Taylor: This will acknowledge receipt of your opinion request of September 27, 1974. You ask whether K.S.A. 45-201 requires that complaints and aff…

October 9, 1974 Opinion No. 74- 335 Mr. Robert C. Londerholm Special Attorney P. O. Box 1 Olathe, Kansas 66061 Dear Mr. Londerholm: You inquire concerning airport zoning powers which may be exercised by the Johnson County Airport Commission, which operates a single-runway airport…

October 8, 1974 Opinion No. 74- 334 Mr. William A. Taylor, III Attorney at Law First National Bank Building Winfield, Kansas 67156 Dear Mr. Taylor: You advise that the County Commissioners of Cowley County are considering the establishment of a juvenile detention home or juvenile…

October 8, 1974 Opinion No. 74-333 The Honorable John W. Carlin Representative Seventy-Third District Saline & McPherson Counties Smolan, Kansas 67479 Dear Representative Carlin: You inquire concerning the "constitutionality of having an address follow a candidate's name on the b…

October 8, 1974 Opinion No. 332 Mr. Jerry M. Smetana City Attorney P. 0. Box 205 Plainville, Kansas 67663 Dear Mr. Smetana: You enclose a copy of Ordinance No. G-16, recently adopted by the City of Plainville, providing for the systematic collection and disposition of refuse. Sec…

October 1, 1974 Opinion No. '74- 331 Mr. Charles K. Hyter City Attorney P. 0. Box 1567 Hutchinson, Kansas 67501 Dear Mr. Hyter: You inquire concerning certain portions of an ordinance which amends section 37-5 of ch. 37 of the Code of the City of Hutchinson, 1973, concerning the …

September 30, 1974 Opinion No. 74- 330 Mr. Henri Fournier Kansas State Board of Cosmetology 630 Kansas Avenue Topeka, Kansas 66603 Dear. Mr. Fournier: In regard to your letter of September 19, 1974, your office requested an opinion on the piercing of ears by cosmetologists. In ou…

VERN MILLER Attorney General January 28, 1974 Opinion No. 74- 33 Jack N. Turner Sedgwick County Counselor Room 320 Sedgwick County Courthouse Wichita, Kansas 67203 Dear Mr. Turner: You advise that the County of Sedgwick contemplates entering into a contract with the Southwestern …

September 30, 1974 Opinion No. 74-329 The Honorable Joe Warren R. R. 1 Maple City, Kansas 67301 Dear Senator Warren: K.S.A. 1973 Supp. 19-4427 prescribes the composition and method of selection of members of the county law enforcement agency estab- lished thereunder. This section…

September 27, 1974 Opinion No. 74-328 Mrs. Elwill M. Shanahan Secretary of State Statehouse Topeka, Kansas 66612 Dear Secretary Shanahan: Under S 1 of chs. 137 and 138, L. 1974, a proposition for the nonpartisan selection of district court judges is to be "submitted to the qualif…

September 26, 1974 Opinion No. 74-. 327 The Honorable Jack Steineger Minority Leader Senator Sixth District New Brotherhood Building Kansas City, Kansas 66101 Dear Senator Steineger: In your letter of September 16, you inquire concerning the applicability of K.S.A. 70-101 et seq.…

September 25, 1974 Opinion No. 74-326 Mr. Roger W. Lovett Project Director Kansas Commission on Civil Rights 1155 W State Office Building Topeka, Kansas 66612 Re: Validity of Commission Business Being Conducted by New Appointees to the Kansas Commission on Civil Rights Prior to T…

September 23, 1974 Opinion No. 74- 325 Honorable Earl Garrett Municipal Judge Chetopa, Kansas 67336 RE: Your letter of July 26, 1974. Dear Judge Garrett: You request our opinion whether local authorities may enact and enforce a careless driving ordinance similar to K.S.A. 1973 Su…

September 23, 1974 Opinion No. 74- 324 Honorable Richard C. "Pete" Loux House Minority Leader House of Representatives Capitol Building Topeka, Kansas 66612 Dear Representative Loux: K.S.A. 45-201 states in pertinent part thus: "All official public records of the state [and] coun…

September 23, 1974 Opinion No. 74- 323 The Honorable William R. Novak Representative - 70th District Lost Springs, Kansas 66859 Dear Representative Novak: In reference to the recent contest of the primary election in the 70th Representative District, you inquire, whether the ball…

September 18, 1974 Opinion No. 74- 322 Mr. John Dekker City Attorney of Wichita City Building Annex 104 South Main Wichita, Kansas 67202 RE: K.S.A. 12-1736--Wichita Art Museum Dear Mr. Dekker: We have received a request to issue a formal opinion : relativetotheaplicabilityofK.S.A…

September 13, 1974 Opinion No. 74 21 -3 Mr. Norman Gaar Senator, Seventh District 2340 West 51st Street Westwood, Kansas 66205 RE: K.S.A. 1973 Supp. 3-314 Dear Senator Gaar: You have requested an interpretation by this office of K.S.A. 1973 Supp. 3-314. You advise that Johnson Co…

September 13, 1974 Opinion No. 74- 320 Mr. Lawrence H. Litson Gove County Attorney Gove, Kansas 67736 Dear Mr. Litson: You inquire whether a Kansas city is subject to liability for injuries suffered by persons using a city-owned and city- operated swimming pool, or whether the ci…

VERN MILLER Attorney General January 28, 1974 Opinion No. 74- 32 Michael S. Holland Russell County Attorney Russell County Courthouse Russell, Kansas 67665 Re: Public Works Department Dear Mr. Holland: We have your request concerning the establishment of a depart- ment of public …

Sep tember 12, 1974 Opinion No. 74- 319 Mr. Charles V. Hamm, General Counsel Legal Division State Department of Social & Rehabilitation Services State Office Building Topeka, Kansas 66612 Dear Mr. Hamm: You inquire concerning the necessity of providing notice by publication to un…

September 12, 1974 Opinion No. 74-318 Mr. Elmer Hoge, Staff Attorney Legal Department Highway Commission of Kansas State Office Building Topeka, Kansas 66612 Dear Mr. Hoge: In your letter of August 15, you inquire whether the State Highway Commission, after adopting regulations a…

September 13, 1974 Opinion No. 74- 317 Farris and Mears Attorneys at Law P. O. Box 2 Atchison, Kansas 66002 Gentlemen: You inquire concerning the application of K.S.A. 19-705 to the following circumstances. As a result of a boating accident on August 3, 1974, on the Missouri Rive…

September 13, 1974 Opinion No. 74- 316 Dr. C. Taylor Whittier, Commissioner of Education Kansas State Department of Education 120 East 10th Street Topeka, Kansas 66612 Dear Commissioner Whittier: You inquire concerning the amount which unified school districts are authorized to p…

September 11, 1974 Opinion No. 74-315 Colonel W. L. Albott Superintendent Kansas Highway Patrol State Office Building Topeka, Kansas 66612 RE: Sales tax on motor vehicle inspection charges and certificates; K.S.A. 1973 Supp. 79-3603 and Chapter 42, Laws of 1974. Dear Colonel Albo…