Kansas AG Opinions, 1975

June 30, 1975 ATTORNEY GENERAL OPINION NO. 75-268 Mr. George A. Palmer Coffey County Probate Judge Coffey County Courthouse Burlington, Kansas 66839 Dear Judge Palmer: K.S.A. 28-110 provides in pertinent part: "The sheriffs of the several counties in the state shall charge for th…

June 27, 1975 Opinion No. 75 -264 Mr. Robert I. Nicholson Miami County Attorney Miami County Courthouse Paola, Kansas 66071 Dear Mr. Nicholson: You advise that a local attorney has presented an affidavit to the Miami County Register of Deeds, which recites that a contract for the…

June 27, 1975 Opinion No. 75 - 263 Mr. Larry R. Mears Atchison County Attorney Atchison County Courthouse Atchison, Kansas 66002 Dear Mr. Mears: You advise that recently suit was filed in the Atchison County District Court against defendants styled as the "Board of County Commiss…

June 27, 1975 ATTORNEY GENERAL OPINION NO. 75- 262 Thomas C. Lysaught County Counselor 511 Huron Building Kansas City, Kansas 66101 RE: Ratio Study Questionnaire Conflict between H.B. 2254 and K.S.A. 1974 Supp. 79-1436, 1442. Dear Mr. Lysaught: We have your letter of June 20, 197…

June 27, 1975 Opinion No. 75- 261 'Mr. Sherman A. Parks, Attorney Office of Secretary of State The Statehouse - 2nd Floor Topeka, Kansas 66612 Dear Mr. Parks: You inquire concerning certain aspects of K.S.A. 17-1301 et seq., as those provisions relate to cemetery corporations. Fi…

June 26, 1975 Opinion No. 75- 2s8 Mr. Donald E. Martin City Attorney of Kansas City Ninth Floor - Municipal Office Building One Civic Center Plaza Kansas City, Kansas 66101 Dear Mr. Martin: Prior to amendment by 1975 Senate Bill 570, K.S.A. 13-1253 provided in pertinent part thus…

June 25, 1975 Opinion No. 75- 267 The Honorable Robert F. Bennett Governor of Kansas 2nd Floor - State Capitol Building Topeka, Kansas 66612 Dear Governor Bennett: You advise that you have recently received an application for a notary public commission from an individual who is a…

June 25, 1975 Opinion No. 75- 266 Mr. Philip E. Winter Assistant Lyon County Attorney Lyon County Courthouse Emporia, Kansas 66801 Dear Mr. Winter: K.S.A. 1974 Supp. 28-126 states thus: "No person holding any office or appoint- ment under any county, city or other municipality sh…

June 25, 1975 Opinion No. 75- 265 Mr. Henry Mudge-Lisk Assistant Regional Director Office of Human Development Department of Health, Education, and Welfare 601 East 12th Street Kansas City, Missouri Dear Mr. Mudge-Lisk: The 1975 Kansas Legislature enacted House Bill 2543, section…

June 24, 1975 Opinion No. 75- 269 The Honorable Robert Whittaker State Representative Augusta Plaza Augusta, Kansas 67010 Dear Representative Whittaker: You inquire concerning a practice of Beech Aircraft Company, whereby a company nurse is dispatched to visit the homes of employ…

June 24, 1975 Opinion No. 75 - 260 Mr. H. Scott Beims Assistant City Attorney City of Atwood Atwood, Kansas 67730 Dear Mr. Beims: K.S.A. 1974 Supp. 65-3410(a) states in pertinent part thus: "On or before the first day of July of each calendar year, the board of county commissione…

June 23, 1975 ATTORNEY GENERAL OPINION NO. 75- 259 The Honorable Joan Finney State Treasurer 1st Floor, 535 Kansas Building Topeka, Kansas 66603 Dear Mrs. Finney: This is to advise you that it is the opinion of this office that the following accounts meet the requirements for "cu…

June 23, 1975 Opinion No. 75- 256 Mr. Tom Smyth Attorney at Law 103 South Iowa Ness City, Kansas 67560 Dear Mr. Smyth: As counsel for the Ness County Hospital District No. 2, organized and operating under K.S.A. 80-2113 et seq., you inquire whether the hospital district is requir…

June 23, 1975 Opinion No. 75- 255 Mr. Clay Cox Assistant County Counselor Sedgwick County Commissioners Office Sedgwick County Courthouse - Room 320 Wichita, Kansas 67203 Dear Mr. Cox: We have your letter of June 9, 1975, concerning the disposal of solid waste. You indicate you h…

June 23, 1975 ATTORNEY GENERAL OPINION NO. 75- 253 Mr. T. A. Blaser Office of the Marshall County Attorney 1017 Broadway Marysville, Kansas 66508 Dear Mr. Blaser: Your recent letter inquires whether K.S.A. 20-815 authorizes the county to obtain reimbursement from an indigent misd…

June 23, 1975 ATTORNEY GENERAL OPINION NO. 75 - 243 Thomas C. Lysaught County Counselor 511 Huron Building Kansas City, Kansas 66101 RE: Publication of delinquent Intangible taxes under K.S.A. 19-547, Conflict between K.S.A. 1974 Supp. 79-3114, K.S.A. 79-3116 and K.S.A. 79-3117. …

June 20, 1975 Opinion No. 75-254 Mr. Wesley H. Sowers, Senator 31st District - Sedgwick County 527 Union Center Wichita, Kansas 67202 Dear Senator Sowers: You inquire as to the effect of K.A.R. 68-2-17 and K.S.A. 1974 Supp. 65-1650 on the practices of pharmacists in Kansas relati…

June 20, 1975 Opinion No. 75- 252 Mr. Thomas W. Stockwell Merriam City Attorney Suite 302 Santa Fe Trail State Bank Building Highway 50 at Antioch Shawnee Mission, Kansas 66202 Dear Mr. Stockwell: K.S.A. 17-5002(b) states in pertinent part thus: "The governing body of any municip…

June 20, 1975 Opinion No. 75- 251 The Honorable Elwill Shanahan Secretary of State 2nd Floor - State Capitol Building Topeka, Kansas 66612 Dear Secretary Shanahan: In November, 1972, you forwarded to this office a copy of a document entitled "Extract of Minutes," which recited th…

June 20, 1975 Opinion No. 75-250 Miss Freona C. Moore, ACSW Director Social Work Licensing 2700 West 6th Street Topeka, Kansas 66606 RE: 1974 Supp. 75-5346 et seq. Dear Miss Moore: You have requested an opinion from this office whether K.S.A. 75-5346 et seq. requires the licensin…

June 19, 1975 Opinion No. 75 - 247 ,Mr. Michael G. Patton Lyon County Attorney Lyon County Courthouse Emporia, Kansas 66801 Dear Mr. Patton: You inquire concerning the application of K.S.A. 25-2316(a)(1) to an elector of your county. You advise that a woman recently inquired of t…

In the commencement of a prosecution, it is proper for a Notary Public to administer the oath which is required when signing a complaint.

June 19, 1975 Opinion No. 75- 245 Mr. Max Bickford Executive Officer Kansas Board of Regents Suite 1416 - Merchants National Bank Tower Topeka, Kansas 66612 Dear Mr. Bickford: You advise that at Emporia State College, an employee has filed a timely appeal from a performance ratin…

June 17, 1975 Opinion No. 75-249 Mr. C. Taylor Whittier, Commissioner Kansas State Department of Education 120 East 10th Street Topeka, Kansas 66612 Dear Commissioner Whittier: You have requested an opinion from this office concerning whether the "fast tracking" method of archite…

June 12, 1975 Opinion No. 75- 244 Theodore H. Hill Assistant County Counselor County Courthouse Wichita, Kansas 67203 RE: Bankruptcy and tax liens Dear Sir: Your letter of May 15, 1975 states that the Clerk of the District Court will not accept from a Trustee in Bankruptcy less t…

June 11, 1975 ATTORNEY GENERAL OPINION NO. 75 -240 Honorable Robert F. Bennett Governor, State of Kansas State Capitol Building Topeka, Kansas 66612 RE: Income Tax - Withholding Estimated Tax K.S.A. 79-3297(a) Change in Percentage Rate of State Withholding Tax Dear Governor: Your…

The open record statute, K.S.A. 45-201, does not apply to sheriff and police dispatchers' logs, as said logs are not required by law to be maintained.

June 10, 1975 Opinion No. 75-241 Vice-chairmanMr. Calvin A Strowig Governmental Ethics Commission 109 West Ninth Topeka, Kansas 66612 Dear Mr. Strowig: K.S.A. 1974 :App. 75-2935(1) provides in pertinent part thus: "The unclassified service comprises positions held by state office…

June 6, 1975 Opinion No. 75 257 Mr. Jerry M. Smetana Attorney at Law 120 West Mill - PO Box 205 Plainville, Kansas 67663 Dear Mr. Smetana: You have requested that this office advise you on a number of questions concerning the operation of a pool hall in your city that apparently …

June 4, 1975 Opinion No. 75- 239 Ms. Margaret Jordan District Attorney Johnson County Courthouse Post Office Box 728 Olathe, Kansas 66061 Dear Madame District Attorney: K.S.A. 22a-106(b) states in pertinent part thus: "Each assistant and deputy district attorney shall have been r…

June 2, 1975 Opinion No. 75-238 Major General Edward. R. Fry The Adjutant General of Kansas Kansas Military Department 535 Kansas Avenue Topeka, Kansas 66603 RE : Mineral leases - National guard Armory sites Dear general Fry: You have inquired at this office whether the Kansas Mi…

June 2, 1975 ATTORNEY GENERAL OPINION NO. 75-236 Col. Allen Rush Superintendent Kansas Highway Patrol State Office Building Topeka, Kansas 66612 RE: State Boards, Commissions and Authorities--Kansas Highway Patrol--Restrictions Synopsis: 1) Receipt and use of money obtained throu…

May 30, 1975 Opinion No. 75-237 Mr. John T. Reid City Attorney of Sedgwick 127 East Seventh Street Newton, Kansas 67114 Dear Mr. Reid: As City Attorney for the City of Sedgwick, you advise that you have been asked to determine the sufficiency of certain improve- ment petitions wh…

May 28, 1975 Opinion No. 75- 235 Mr. Don Vsetecka Finney County Attorney Finney County Courthouse Garden City, Kansas 67846 Dear Mr. Vsetecka: Pursuant to your earlier inquiry, and our opinion no. 75-204, you inquire further whether the Register of Deeds, who employs one person d…

May 28, 1975 Opinion No. 75-234 The Honorable Elwill Shanahan Secretary of State 2nd Floor - State Capitol Building Topeka, Kansas 66612 Attn: Mr. Sherman Parks Dear Secretary Shanahan: K.S.A. 75-415 states thus: "The secretary of state is hereby made the custodian of all deeds t…

May 28, 1975 Opinion No. 75- 233 The Honorable Elwill Shanahan Secretary of State 2nd Floor - State Capitol Building Topeka, Kansas 66612 Attn: Mr. Sherman Parks Dear Secretary Shanahan: Section 2 of 1975 House Bill No. 2388 states thus: "Every notary public before entering upon …

May 27, 1975 Opinion No. 75 -232 Mr. Robert R. Raines Secretary of Corrections 5th Floor, KPL Tower Building Topeka, Kansas 66612 Dear Secretary Raines: You inquire whether certain amendatory legislation incorporated within the Penal Reform Act of 1974, modifying the parole eligi…

May 22, 1975 Opinion No. 75- 231 Mr. John E. Fierro Ford County Attorney Ford County Courthouse Dodge City, Kansas 67801 Re: Lease agreements (Industrial Revenue Bonds) and K.S.A. 79-3101, et seq. Dear. Mr. Fierro: You inquire concerning the application of the Mortgage Registra- …

May 19, 1975 Opinion No. 75- 230 The Honorable Joan Finney State Treasurer of Kansas 535 Kansas Avenue Topeka, Kansas 66603 Dear Mrs. Finney: As it appears in the 1974 Supplement, K.S.A. 79-3425c provides for apportionment and distribution of the special city and county highway f…

May 19, 1975 Opinion No. 75-22g Mr. Oscar Meyer Sheri f of Trego County f Wakeeney, Kansas 67672 Dear Mr. Meyer: You requested an opinion from this office in regard to K.S.A. 1974 Supp. 8-1566(a). As 1 read your letter, you have raised three questions in regard to said statute, (…

May 16, 1975 Opinion No. 75-228 Mr. Bernard N. Hayen, Jr. County Clerk of Coffey County Burlington, Kansas 66839 Dear Mr. Hayen: You have asked whether the senior citizens center in your city may be licensed to play bingo, even though they have not been in existence for more than…

May 16, 1975 Opinion No. 75- 227 Mr. David M. Mills Attorney for Cowley County Community Junior College Home National Bank Building Post Office Box 896 Arkansas City, Kansas 67005 Dear Mr. Mills: As counsel for Cowley County Community Junior College, you inquire concerning the au…

May 15, 1975 Opinion No. 75- 226 The Honorable Ruth Wilkin State Representative 1610 Willow Avenue Topeka, Kansas 66606 Dear Representative Wilkin: You inquire concerning the legality of the expenditure of public funds of a community junior college district for affiliation with t…

May 15, 1975 Opinion No. 75- 225 Mr. Phil Harris City Attorney 8500 Santa Fe Drive Overland Park, Kansas 66212 RE: K.S.A. 1974 Supp. 12-177 Dear Mr. Harris: You have requested an opinion from this office relative to an interpretation of K.S.A 1974 Supp. 12-177. Specifi- cally you…

May 14, 1975 Opinion No. 75- 224 Mr. Phil Harris City Attorney 8500 Santa Fe Drive Overland Park, Kansas 66212 RE: K.S.A. 1974 Supp. 12-6a01(d) Dear Mr. Harris: You have requested an opinion from this office relative to an interpretation of K.S.A. 1974 Supp. 12-6a01(d). You advis…

May 14, 1975 Opinion No. ,75- 223 Mr. Robert F. Duncan City Attorney of Atchison City Hall 515 Kansas Avenue Atchison, Kansas 66002 Dear Mr. Duncan: This office is in receipt of your letter dated April 25, 1975, in which you request an interpretation of the cereal malt bev- erage…