Kansas AG Opinions — 1974

June 4, 1974 Opinion No. 74- 179 Melville W. Gray Chief Engineer and Director Division of Environmental Health Kansas State Department of Health Topeka, Kansas Re: Contracts between cities and counties for the disposal of solid waste Dear Mr. Gray: You inquire whether contracts b…

June 5, 1974 Opinion No. 74- 178 C. Taylor Whittier Commissioner of Education 120 East 10th Street Topeka, Kansas 66612 Dear Commissioner Whittier: You inquire whether the Cowley County Area Vocational-Technical School operated by the Board of Trustees of the Cowley County Commun…

June 5, 1974 Opinion No. 74- 177 Honorable Bert Chaney State Senator, 34th District 915 East 13th Street Hutchinson, Kansas 67501 Dear Senator Chaney: You inquire whether a school board may use its discretion in allowing or disallowing a lump sum payment to teachers as pro- vided…

June 7, 1974 Opinion No. 74- 176 Mr. Joseph W. Zima Legal Advisor Shawnee County Sheriff's Department Courthouse Topeka, Kansas 66603 Re: Liability of County for Cost of Medical Treatment Furnished Prisoners in County Jail Dear Mr. Zima: With your letter of April 2, 1974, you inq…

June 6, 1974 Opinion No. 74- 175 Mr. Charles Menghini Pittsburg City Attorney 316 National Bank Building Pittsburg, Kansas 66762 Dear Mr. Menghini: You advise that qualifications of the judge of the City Court of Pittsburg are prescribed by K.S.A. 20-1425 in pertinent part as fol…

June 4, 1974 Opinion Number 74- 174 Dr. C. Taylor Whittier Commissioner of Education Department of Education 120 East 10th Street Topeka, Kansas 66612 RE: Our File No. AG-63-82-3 Dear Doctor Whittier: This letter is in response to your letter of April 5, 1973, which requested an …

June 4, 1974 Opinion No. 74- 173 Ms. Alice F. Crane Clerk, District Court Doniphan County Troy, Kansas 66087 Dear Ms. Crane: We have your letter of May 29, concerning opinion no. 73-286, of August 22, 1973, and enclosing a letter from Mr. O'Keefe. He argues, as anticipated in the…

June 4, 1974 Opinion No. 74- 172 Honorable Wendell Lady State Representative, 19th District 8732 Mackey Overland Park, Kansas 66212 Dear Representative Lady: Under section 2(b) of 1974 Senate Bill 328, a board of county commissioners is authorized to levy an annual tax of not to …

June 4, 1974 Opinion No. 74- 171 Mr. Bernard J. Dunn Legal Counsel Office of Director of Penal Institutions 11th Floor State Office Building Topeka, Kansas 66612 Dear Mr. Dunn: In your letter of May 13, 1974, you inquire whether the work release supervisor or coordinator can beco…

May 29, 1974 Opinion No. 74- 170 Lt. Col. Allen Rush Assistant Superintendent Kansas Highway Patrol State Office Building Topeka, Kansas 66612 Dear Colonel Rush: This will acknowledge receipt of your opinion request of May 17, 1974, relative to the weight and load of vehicles as …

VERN MILLER January 16, 1974 Attorney General Opinion No'. 74- 17 Honorable John C. Bottenberg Representative Fiftieth District Jackson, Jefferson, Atchison Counties 650 West 4th Holton, Kansas 668436 Dear Sir: A farmer slaughters and processes, on his own premises and with the a…

June 4, 1974 Opinion No. 74- 169 Mr. John E. Fierro Ford County Attorney County Courthouse Box 995 Dodge City, Kansas 67801 Re: Uniform Consumer Credit Code K.S.A. 16a-1-301(11)(i) Dear Mr. Fierro: This office is in receipt of your inquiry in regard to the above cited statute. Yo…

May 31, 1974 Opinion No. 74- 168 Mr. Fred Lorentz Wilson County Attorney 430 North Seventh Street Fredonia, Kansas 66736 ,Dear Mr. Lorentz: You have asked whether cereal malt beverages may be sold as a part of a business where the manager of the business is licensed but the owner…

May 31, 1974 Opinion No. 74-167 Honorable Jack W. Janssen State Senator Box 626 Lyons, Kansas 67554 ,Dear Senator Janssen: Under section 1(a) of 1974 Senate Bill 936, the State Board of Healing Arts is "authorized and directed to make a study of the subject and practice of acupun…

June 3, 1974 Opinion No. 74 - 166 Thomas W. Regan Executive Director Governor's Committee on Criminal Administration 535 Kansas Avenue .Topeka, Kansas 66603 Dear Mr. Regan: You advise that heretofore, the Governor's Committee on Criminal Administration has made a grant for the es…

June 3, 1974 Opinion No. 74- 165 Mr. Bob Kent Executive Director Kansas Employment Security Division Department of Labor 401 Topeka Avenue Topeka, Kansas 66603 Dear Mr. Kent: K.S.A. 44-703 (i) (4) provides in pertinent part: "The term 'employment' shall not include: * * * (4) Agr…

May 29, 1974 Opinion No. 74- 164 Honorable Elwill M. Shanahan Secretary of State 2nd Floor -- The Statehouse Topeka, Kansas 66612 Dear Secretary Shanahan: K.S.A. 25-303 states in pertinent part thus: "Independent nominations of candidates for any office to be filled by the voters…

May 24, 1974 Opinion No. 74- 163 Honorable Mike Hayden Representative, 120th District Atwood, Kansas 66730 Dear Representative Hayden: We have your request to construe "donation" as it relates to K.S.A. 19-2803c and the federal land and water conservation fund. The Kansas statute…

May 17, 1974 Opinion No. 74- 162 Mr. Henry Schwaller Secretary of Administration State Capitol Topeka, Kansas 66612 Dear Mr. Schwaller: Section 1 of 1974 Senate Bill No. 925 states thus in pertinent part: "Persons retiring from the classified, classi- fied exempt or unclassified …

May 29, 1974 Opinion No. 74- 161 Honorable Elwill M. Shanahan Secretary of State 2nd Floor -- The Statehouse Topeka, Kansas 66612 Dear Secretary Shanahan: Additional questions have been raised concerning the validity of House Substitute for Senate Bill 656, enacted by the 1974 Le…

May 21, 1974 Opinion No. 74-160 Mrs. Lillian R. Underwood Clerk, Shawnee County Probate Court Shawnee County Courthouse Topeka, Kansas 66603 Dear Mrs. Underwood You request our opinion relative to whether a judge of a probate court of another county may properly solemnize a marri…

VERN MILLER Attorney General January 16, 1974 Opinion No. 74- 16 Robert G. Frey Seward County Attorney 415 N. Washington Liberal, Kansas 67901 Dear Mr. Frey: You advise that in 1973, approximately 2,450 cases were filed in the county court of Seward County. The county has a popul…

May 17, 1974 Opinion No. 74- 159 The Honorable Bill G. Honeyman Judge of the Juvenile Court Shawnee County Courthouse Topeka, Kansas 66603 Dear Judge Honeyman: In your letter of April 22, 1974, you ask whether a Juvenile Court Judge has the statutory authority to issue a search w…

May 21, 1974 Opinion No. 74-158 Mr. Jerome H. Svore Regional Administrator Environmental Protection Agency 1735 Baltimore, Room 249 Kansas City, Missouri 64108 Dear Mr. Svore: At the request of Melville W. Gray, Chief Engineer and Director, Division of Environmental Health, Kansa…

May 21, 1974 Opinion No. 74- 157 Honorable Elwill M. Shanahan Secretary of State 2nd Floor -- The Statehouse Topeka, Kansas 66612 Dear Secretary Shanahan: Article 2, § 20 of the Kansas Constitution states thus: "The enacting clause of all laws shall be 'Be it enacted by the legis…

May 16, 1974 No. 156 Honorable James L. Prickett Judge of the Muncipal Court Arlington, Kansas 67514 Dear Judge Prickett: You have requested an opinion concerning the consumption of beer containing less than 3.2% of alcohol by weight or the consumption of beer containing more tha…

No. 74 155 - MR. PHILLIP L. HARRIS City Attorney 8500 Santa Fe Drive Overland Park, Kansas 66212 Dear Mr. Harris: You have requested an opinion as to whether or not the sale of alcoholic liquor at retail is prohibited by K.S.A. 41-712 when the sole issue on the ballot is a bond q…

May 16, 1974 Opinion No. 74- 154 Honorable Elwill M. Shanahan Secretary of State 2nd Floor--The Statehouse Topeka, Kansas 66612 Att: Sherman A. Parks Dear Secretary Shanahan: K.S.A. 17-5901(a) provides in pertinent part thus: "[N]othing herein contained shall prevent a domestic c…

May 16, 1974 Opinion No. 74- 153 Charles H. Moore, Chairman Abilene Recreation Commission City Building Abilene, Kansas 67410 'Dear Mr. Moore: As chairman of the Abilene Recreation Commission, you inquire concerning the eligibility of one of the members of the Commission to conti…

May 16, 1974 Opinion No. 74- 152 Mr. R. D. Plummer, President U.S.D. 345 Board of Education 1124 W. Lyman Topeka, Kansas 66608 , Dear Mr. Plummer: We have your request pertaining to K.S.A. 72-8205 with particu- lar emphasis on the waiver provision. The statute provides: "Special …

May 16, 1974 Opinion No. 74- 151 Myrlen L. Bell Barber County Attorney 105 North Main 'Medicine Lodge, Kansas 67104 Dear Mr. Bell: You inquire concerning the forthcoming election for the office of sheriff of Barber County. You advise that, based upon certain information which you…

May 16, 1974 Opinion No. 74- 150 Mr. V. R. Moen Ottawa County Attorney 216 West 2nd Minneapolis, Kansas Dear Mr. Moen: We regret the delay in responding to your request concerning the necessary procedure for acquisition of a landfill site for solid waste disposal. As you know the…

VERN MILLER Attorney General January 16, 1974 Opinion No. 74-15 Robert H. Meyer Attorney at Law Mankato, Kansas 66956 Re: Beloit Vo-Tech School Dear Mr. Meyer: We do apologize for our delay in responding to your inquiry concerning "training mission" projects by students of the Be…

May 16, 1974 Opinion No. 74- 149 Nick A. Tomasic District Attorney Twenty-Ninth Judicial District Wyandotte County Court House Kansas City, Kansas 66101 Dear Mr. Tomasic: K.S.A. 1973 Supp. 38-804c states in pertinent part thus: "In every county having a population of not less tha…

May 14, 1974 Opinion No. 74-148 Mr. Earl Dingus Mayor Kincaid, Kansas 66039 RE: City of Kincaid - general obligation and waterworks revenue bonds. Dear Mr. Dingus: A few weeks ago this office received the bonds and bond transcript on Kincaid's $65,000 general obligation bond issu…

May 13, 1974 Opinion No-74-147 Mr. Donald E. Martin City Attorney Ninth Floor, Municipal Office Building Kansas City, Kansas 66101 RE: Industrial revenue bonds--solid waste disposal facilities and related equipment. Dear Mr. Martin: You have requested from this office an opinion …

May 14, 1974 Opinion No. 74- 146 Thomas W. Stockwell Merriam City Attorney 9000 West 62nd Terrace Merriam, Kansas 66202 Dear Mr. Stockwell: K.S.A. 14-201 states in pertinent part thus: "The mayor shall appoint, by and with the consent of the council, a municipal judge of the muni…

May 14, 1974 Opinion No. 74- 145 James R. Ward Assistant City Attorney Municipal Building 215 East 7th Street Topeka, Kansas 66603 Dear Mr. Ward: K.S.A. 12-693 states in pertinent part thus: "All cities are hereby authorized to make Improvements authorized by and in the manner pr…

May 14, 1974 Opinion No. 74- 144 Sherman A. Parks Attorney Office of Secretary of State 2nd Floor -- The Statehouse Topeka, Kansas 66612 Dear Mr. Parks: K.S.A. 17-7503 requires that each domestic corporation organized for profit file an annual report showing the financial conditi…

May 14, 1974 Opinion No. 74- 143 Col. W. L. Albott Superintendent Kansas Highway Patrol State Office Building Topeka, Kansas 66612 Dear Colonel Albott: You request our opinion concerning specially designed vehicles which are configured exclusively to haul and distribute manure fr…

May 10, 1974 Opinion No. 74- 142 Charles V. Hamm General Counsel, Legal Division State Department of Social and Rehabilitation Services State Office Building Topeka, Kansas 66612 Dear Mr. Hamm: K.S.A. 72-4107a states thus: "Whenever the parents or guardian of any child attending …

May 8, 1974 Opinion No. 74- 141 Honorable T. D. Saar, Jr. Senator, Thirteenth District 903 Free King's Highway Pittsburg, Kansas 66762 Dear Senator Saar: You inquire, first, whether section 2(a), seventh, of 1974 Senate Bill 175 prohibits the exercise of county home rule powers t…

May 2, 1974 Opinion No. 74- 140 Carl O'Leary State Bank Commissioner Suite 600, 818 Kansas Ave. Topeka, Kansas gear Commissioner O'Leary: K.S.A. 1973 Supp. 75-4304 was amended by 1974 Senate Bill 993. The amended paragraph states as follows: "(a) No public officer or employee sha…

VERN MILLER Attorney General January, 16, 1974 Opinion No. 74- 14 Honorable LaVerne H. Spears Representative, Fifty-first District Statehouse Topeka, Kansas 66612 Dear Representative Spears: Our office has considered at your request a proposal to amend K.S.A. 1973 Supp. 60-1610 b…

May 6, 1974 Opinion No. 74-139 Thomas C. Lysaught Wyandotte County Counselor 511 Huron Building Kansas City, Kansas 66101 Dear Mr. Lysaught: You inquire whether the Board of County Commissioners of Wyandotte County may authorize and allow additional compensa- tion to the District…

May 7, 1974 Opinion No. 74- 138 Honorable Al Schmidt Municipal Judge Municipal Court Council Grove, Kansas 66846 ,Dear Judge Schmidt: I apologize for the delay in writing after our telephone con- versation some weeks ago. I hope this response will not be untimely, despite the del…

May 2, 1974 Opinion No. 74-137 Mr. James DeCoursey Director Department of Economic Development State Office Building Topeka, Kansas 66612 Re: Public use of non-navigable streams flowing on or adjacent to privately owned property. Dear Mr. DeCoursey: You advise that a number of pr…

May 6, 1974 Opinion No. 74- 136 Daniel D. Metz Lincoln County Attorney Lincoln County Courthouse Lincoln, Kansas 67455 Dear Mr. Metz: You inquire concerning the proposed Sylvan Grove Rural Fire District. The question has arisen whether the board of county commissioners, as the go…

May 3, 1974 Opinion No. 74-135 Mr. Thomas W. Stockwell, Esq. Merriam City Attorney 9000 West 62nd Terrace Merriam, Kansas 66202 Re: Municipalities - Hiring of Police Officers Dear Mr. Stockwell: You have requested an opinion from this office relative to the legality of the City o…

April 30, 1974 Opinion No. 74-134 Mr. John T. Glassman, Deputy Director State Economic Opportunity Office State Capitol Building Topeka, Kansas 66612 RE: Revenue bonds for low-income housing projects. Dear Mr. Glassman: You have requested an opinion from this office relative to t…