Kansas AG Opinions, 1974

VERN MILLER Attorney General January 21, 1974 Opinion. No. 74-22 Honorable Richard C. "Pete" Loux House of Representatives State House Topeka, Kansas 66612 RE: K.S.A. 8-722 Dear Representative Loux: Your letter of November 16, 1973, inquires as to the possible retroactive effect …

July 9, 1974 Opinion No. 74-219 Col. William L. Albott Superintendent Kansas Highway Patrol State Office Building Topeka, Kansas 66612 Dear Colonel Albott: In your letter of June 10, 1974, you inquire whether members of the Kansas Highway Patrol, and presumably other law enforcem…

July 3, 1974 Opinion No. 74- 218 Jack N. Williams Assistant District Attorney Director, Consumer Protection Division 18th Judicial District Sedgwick County Court House 525 N. Main Wichita, Kansas 67203 Dear Jack: You inquire whether approval by the Board of County Commissioners i…

July 2, 1974 Opinion No. 74- 217 Robert J. Woody Westwood City Attorney Court Square Building 110 South Cherry Olathe, Kansas 66061 Dear Mr. Woody: You advise that the governing body of the City of Westwood is presently considering an expenditure of municipal funds for the purpos…

July 2, 1974 Opinion No. 74- 216 Honorable Charles J. Sell Judge, Labette County Probate, Juvenile & County Courts Labette County Court House Oswego, Kansas 67356 Dear Judge Sell: You request an opinion regarding the recently enacted amendment to the small claims procedure act, K…

July 2, 1974 Opinion No. 74- 215 Mr. Gary Nafziger Jefferson County Attorney Jefferson County Courthouse Oskaloosa, Kansas 66066 Dear Mr. Nafziger: K.S.A. 1973 Supp. 19-801b prescribes the qualifications for nomination, election or appointment to the office of sheriff. Among them…

July 2, 1974 Opinion No. 74- 214 Lawrence H. Litson Cove County Attorney Gove, Kansas 67736 Dear Mr. Litson: You advise that you have been recently appointed County Attorney of Gove County, and you inquire whether this office is incompati- ble with your present office as member o…

June 27, 1974 Opinion No. 74- 213 Mr. Charles Menghini Pittsburg City Attorney 316 National Bank Building Pittsburg, Kansas 66762 Dear Mr. Menghini: My opinion letter to you of June 19 was not responsive to the question posed in your letter of June 14, and I regret this oversight…

June 26, 1974 Opinion No. 74- 212 Sam C. Stitt, Chairman Barton County Special Education Cooperative Board Unified School District 355 Ellinwood, Kansas 67526 Dear Mr. Stitt: You advise that several years ago, the five districts in Barton County entered into an agreement for a co…

June 24, 1974 Opinion No. 74-211 Honorable Elwill M. Shanahan Secretary of State 2nd Floor--The Statehouse Topeka, Kansas 66612 Att: Sherman A. Parks Dear Secretary Shanahan: K.S.A. 17-7504 requires every corporation organized not for profit to file an annual report which shall i…

June 24, 1974 Opinion No. 74- 210 James R. Cobler, Director Division of Accounts and Reports Department of Administration State Capitol Topeka, Kansas 66612 Dear Mr. Cobler: Section 1 of 1974 Senate Bill No. 925 states thus in pertinent part: "Persons retiring from .the classifie…

VERN MILLER Attorney General January 21, 1974 Opinion No. 74- 21 Gerald C. Golden Meade County Attorney P.O. Box "R" Meade, Kansas 67864 Dear Mr. Golden: You advise that the cities of Meade and West Plains, and Meade County, have joined together to form through an interlocal agre…

June 27, 1974 Opinion No. 74-209 Mr. John C. Kasberger Assistant Fire Chief 910 Massachusetts Street Lawrence, Kansas 66044 RE: Emergency vehicle equipment Dear Mr. Kasberger: You request our opinion relating to the positioning of emergency signal lamps on two emergency vehicles …

June 25, 1974 Opinion No. 74- 208 Willis A. Shattuck Clark County Attorney 723 1/2 Main Street Ashland, Kansas 67831 Dear Mr. Shattuck: We have your letter of April 30, and agree fully with your con- clusions. K.S.A. 28-167 provides in pertinent part thus: "When in any county hav…

June 24, 1974 Opinion No. 74-207 Honorable Elwaine F. Pomeroy Chairman, Special Committee on Local Government Senate Chamber State Capitol Topeka, Kansas 66612 Dear Senator Pomeroy: On behalf of the Special Committee on Local Government, you inquire concerning the constitutionali…

June 12, 1974 Opinion No. 74- 206 Gordon A. Yeargan Superintendent of Schools Unified School District 453 Leavenworth, Kansas 66048 Dear Superintendent Yeargan: We have your letter of May 10, concerning action by the board of directors of the Kansas Association of School Boards a…

June 19, 1974 Opinion No. 74- 205 Robert L. Gernon Brown County Attorney Brown County Courthouse Hiawatha, Kansas 66434 Dear Mr. Gernon: We have your letter concerning placement of surplus funds of the Kanza Mental Health and Guidance Center. You advise that one of the members of…

June 20, 1974 Opinion No. 74- 204 Franklin R. Theis Chief Attorney Department of Administration State Capitol Topeka, Kansas 66612 Dear Mr. Theis: You advise that the director of the Division of Architectural Services of the Department of Administration has reached agree- ment wi…

June 19, 1974 Opinion No. 74- 203 Mr. Charles Menghini Pittsburg City Attorney 316 National Bank Building Pittsburg, Kansas Dear Mr. Menghini: We have your letter of June 14. The apportionment of election expenses between the city and county is governed by K.S.A. 25-2001, which w…

June 19, 1974 Opinion No. 74- 202 Mr. Claude S. Heath Wichita County Attorney P.O. Box 299 Leoti, Kansas 67861 Re: Lease of County Property Dear Mr. Heath: In responding to your opinion request of May 10, 1974, it is our understanding that the county commissioners, pursuant to K.…

June 19, 1974 Opinion No. 74- 201 R. G. Henley, Director Municipal Audit Program Office of State Auditor State Capitol Topeka, Kansas 66612 Dear Mr. Henley: You inquire whether a city may by charter ordinance exempt itself from the operation of K.S.A. 10-1116, as amended by 1974 …

June 19, 1974 Opinion No. 74-200 Thomas W. Stockwell Merriam City Attorney 9000 West 62nd Terrace Merriam, Kansas 66202 Dear Mr. Stockwell: You advise that the City of Merriam has adopted article 12, section 106 of the Uniform Standard Traffic Ordinance for Kansas cities. Subsect…

VERN MILLER Attorney General January 21, 1974 Opinion No. 74- 20 Thomas C. Lysaught Wyandotte County Counselor 511 Huron Building Kansas City, Kansas 66101 Dear Mr. Lysaught: You inquire concerning the construction of that portion of K.S.A. 24-414 which provides that "at all elec…

VERN MILLER Attorney General January 7, 1974 Opinion No. 74- 2 Barry A. Bennington Stafford County Attorney Stafford County Courthouse St. John, Kansas 57576 Dear Mr. Bennington: You inquire concerning a policy adopted by the Stafford County Board of County Commissioners, effecti…

June 19, 1974 Opinion No. 74- 199 W. J. Fitzpatrick Special Assistant Attorney General Kansas State Board of Nursing Professional Building, Suite 313 Independence, Kansas 67301 Dear Mr. Fitzpatrick: You inquire whether under Kansas law a licensed practical nurse or a nurse's aide…

June 19, 1974 Opinion No. 74- 198 Don C. Staab Assistant County Attorney P.O. Box 725 Hays, Kansas 67601 Dear Mr. Staab: You advise that a petition has been filed with the county elec- tion officer of Ellis County requesting that an election be held to recall from office the mayo…

June 12, 1974 Opinion No. 74- 197 Charles V. Hamm General Counsel Legal Division State Department of Social and Rehabilitation Services State Office Building Topeka, Kansas 66612 Attn: Bruce A. Roby Dear Mr. Hamm: We have your letter of May 20, concerning authority of the State D…

June 12, 1974 Opinion No. 74- 196 Carl O'Leary State Bank Commissioner K.P.L. Towers Topeka, Kansas 66603 Dear Commissioner O'Leary: You inquire as to the statutory authority of Kansas banks to establish and operate an electronic funds transfer system (EFTS). Under such a system,…

June 12, 1974 Opinion No. 74- 195 Vernon D. Grassie Crawford County Attorney Box 34 Girard, Kansas 66743 Dear Mr. Grassie: You advise that pursuant to K.S.A. 59-215, the probate judge of Crawford County receives an annual salary of $8,757. In addition, he receives the amount of $…

June 11, 1974 Opinion No. 74- 194 Donald D. Gregory, Attorney U.S.D. No. 392, Osborne County P.O. Box 345 Osborne, Kansas 67473 Dear Mr. Gregory: As counsel for Unified School District No. 392, you inquire concerning the availability of books of minutes of the board to the public…

June 11, 1974 Opinion No. 74-193 John M. Russell Barton County Attorney P.O. Box 881 Great Bend, Kansas 67530 Dear Mr. Russell: In previous opinions we have indicated that for salary de- termination purposes, the federal reservoirs in Kansas are those so designated by the Water R…

June 11, 1974 Opinion No. 74-192 Honorable Robert V. Talkington State Senator, Twelfth District P.O. Box 725 Iola, Kansas 66749 Dear Senator Talkington: K.S.A. 19-2115 states in pertinent part thus: "Whenever the board of county commissioners shall sell the county farm, county in…

June 10, 1974 Opinion No. 74- 191 Honorable Bert Chaney State Senator, 34th District 915 East 13th Hutchinson, Kansas 67501 Dear Senator Chaney: You question whether a school board member has the privilege of entering his explanation of vote in the official minutes of the board. …

June 10, 1974 Opinion No. 74- 190 Honorable Donald L. White Franklin County Probate Judge Franklin County Courthouse Ottawa, Kansas 66067 Dear Judge White: You inquire concerning section 53 of 1974 House Bill 2054, which prescribes the salaries of probate judges in certain counti…

VERN MILLER Attorney General January 23, 1974 Opinion No. 74- 19 Honorable William W. Bunten Representative, Fifty Fourth District House of Representatives Statehouse Topeka, Kansas Dear Representative Bunten: Pursuant to Senate Concurrent Resolution No. 72, it is proposed to ame…

June 10, 1974 Opinion No. 74- 189 Kenneth R. Heer Kingman County Attorney 103 Avenue A East Kingman, Kansas 67068 Dear Mr. Heer: You advise that a federal reservoir, Cheney, lies partly in Kingman, Reno and Sedgwick counties. As it pertains to your own salary, section 36 of 1974 …

June 13, 1974 Opinion No. 74- 188 Charles V. Hamm General Counsel Legal Division State Department of Social and Rehabilitation Services State Office Building Topeka, Kansas 66612 Dear Mr. Hamm: Section 1 of 1974 House Bill 1873 states thus: "Whenever a petition containing the sig…

June 14, 1974 Opinion No. 74- 187 Marlin C. Schrader Administrative Officer State Education Commission Capitol Federal Building Topeka, Kansas 66603 Dear Mr. Schrader: On April 17, 1974, the State Education Commission declared Mid-America Nazarene College ineligible to participat…

June 12, 1974 Opinion No. 74- 186 Mr. James T. McDonald Secretary of Revenue State Office Building Topeka, Kansas 66612 RE: K.S.A. 79-3234 and K.S.A. 79-4301 [ARTICLE VIII, (6)]. Dear Mr. McDonald: You have requested an opinion from this office relative to the application of K.S.…

June 10, 1974 Opinion No. 74-185 Frank L. Johnson Chief Attorney Legal Department State Highway Commission State Office Building Topeka, Kansas 66612 Dear Mr. Johnson: You inquire whether K.S.A. 68-2240 authorizes the State Highway Commission of Kansas to declare illegal, noncomp…

June 12, 1974 Opinion No. 74- 184 Mr. Jack Turner Sedgwick County Counselor Sedgwick County Courthouse Wichita, Kansas 67203 Dear Mr. Turner: K.S.A. 1973 Supp. 20-617 sets out the salary figures for bailiffs in various courts. It also provides in counties with over 300,000 popula…

June 13, 1974 Opinion No. 74- 183 Mr. Ralph Taylor Commissioner, First District White Cloud, Kansas 66094 Dear Mr. Taylor: We have your letter inquiring, first, the proper way to proceed to repeal zoning in Doniphan County. We note that the county zoning resolution was adopted pu…

June 14, 1974 Opinion No. 74-182 William A. Taylor, III Cowley County Counselor P.O. Box 731 Winfield, Kansas 67156 Dear Mr. Taylor: You inquire concerning §§ 53 and 54 of 1974 House Bill 2054, which amends K.S.A. 1973 Supp. 59-215 and -216, respectively. Section 53 carries forwa…

June 5, 1974 Opinion No. 74- 181 Mr. Wayne Gibson Neosho County Clerk Neosho County Courthouse Erie, Kansas 66733 Dear Mr. Gibson: We are advised that as county election officer, you have re- quested the opinion of Mr. Radford, Neosho County Attorney, concerning the following. Be…

June 5, 1974 Opinion No. 74- 180 Helen C. Brown Secretary to Edgar W. White Morton County Attorney Drawer 0 Elkhart, Kansas 67950 Dear Ms. Brown: We have your letter dated March 24, which we received on May 28, inquiring whether the board of county commissioners may organize comm…

VERN MILLER Attorney General January 22, 1974 Opinion No. 74-18 Mr. Lee B. Connell Consumer Credit Commissioner Suite 1114 535 Kansas Avenue Topeka, Kansas 66603 Re: Investment Certificate Act Dear Mr. Connell: In your letter of November 10, 1972, you request an opinion regarding…