Kansas AG Opinions, 1975

April 21, 1975 Opinion No. 75-166 Mr. Max Bickford Executive Officer Kansas Board of Regents Suite 1416 - Merchants National Bank Tower Topeka, Kansas 66612 Dear Mr. Bickford: I am in receipt of your letter dated April 15, 1975, in which you request an opinion asking whether all …

April 17, 1975 Opinion No. /5 - 169 Mr. F. Duane Roberts, Chief Counsel Kansas Employment Securities Division Department of Labor 401 Topeka Avenue Topeka, Kansas 66603 Dear Mr. Roberts: You have requested an opinion concerning the beginning date of the one (1) year disqualificat…

April 17, 1975 Opinion No. 75- 164 Mr. Walter A. Sawhill Sawhill and Underhill 152 North Main Haysville, Kansas 67060 Dear Mr. Sawhill: At the request of the president of the board of education of U.S.D. 261, you enclose a copy of the petition filed in Leiker v. Board of Educatio…

April 17, 1975 Opinion No. 75-163 Mr. C. C. "Kirk" Hammer Director Food Service and Lodging Board 801 Harrison Topeka, Kansas 66612 Dear Mr. Hammer: You point out that the inspection staff of the State Food Service and Lodging Board is charged with the responsibility of conduct- …

April 17, 1975 Opinion No. 75- 162 Mr. Donald E. Martin, City Attorney Ninth Floor - Municipal Office Building One Civic Center Plaza Kansas City, Kansas 66101 Dear Mr. Martin: We have your letter of April 3, 1975, requesting our opinion whether a conflict of interest exists base…

April 16, 1975 Opinion No. 75-11 Senator Edward F. Reilly, Jr. 430 Delaware Leavenworth, Kansas 66048 Dear Senator Reilly: You have requested an opinion from this office concerning the constitutionality of K.S.A. 12-715 which authorizes cities under specified circumstances to ext…

April 15, 1975 Opinion No. 75- 169 Mr. Lyle D. Ocobock Special Assistant Treasurer 535 Kansas Avenue Topeka, Kansas 66603 RE: K.S.A. 1974 Supp. 75-4201(q); FHA Mortgage Insurance Certificate Dear Mr. Ocobock: You have requested an opinion from this office as to whether a deed of …

April 15, 1975 Opinion No. 75- 160 Mr. James R. Cobler, Director Division of Accounts and Reports Department of Administration 2nd Floor - State Office Building Topeka, Kansas 66612 Dear Mr. Cobler: You inquire concerning a directive dated April 10, 1975, from Governor Robert Ben…

April 15, 1975 Opinion No. 75-159 Mr. James T. McDonald Secretary of Revenue Department of Revenue 2nd Floor State Office Building Topeka, Kansas 66612 ATTN: Mr. William Harris, Jr., General Counsel Dear Secretary McDonald: In response to a request from this office for disclosure…

April 11, 1975 Opinion No. 75- 158 The Honorable Jim Lawing State Representative 211 South Chautauqua Wichita, Kansas 67211 Dear Representative Lawing: You have requested an opinion from this office concerning whether newspaper reporters may validly be denied access to highway de…

April 10, 1975 Opinion No. 75- 157 Mr. Alvin F. Grauerholz City Commissioner 716 Maple Street Coffeyville, Kansas 67337 Dear Al: Congratulations on your election victory. I know that your service will be an asset to Coffeyville. You indicate that for over 24 years, you have been …

April 10, 1975 Opinion No. 75- 156 Mr. W. Keith Weltmer, Secretary Department of Administration 2nd Floor - State Capitol Building Topeka, Kansas 66612 Dear Secretary Weltmer: K.S.A. 75-3208 states thus: "No claim for expenses for any trip made beyond the borders of the state by …

April 9, 1975 Opinion No. 75- 154 Mr. W. Keith Weltmer Secretary of Administration The Statehouse Topeka, Kansas 66612 Dear Mr. Weltmer: You have requested an opinion from this office concerning the following question: If a person is terminated on May 31, 1974, would the salary p…

April 8, 1975 Opinion No. 75-152 The Honorable Lloyd Buzzi State Representative 3rd Floor - State Capitol Building Topeka, Kansas 66612 Dear Representative Buzzi: You inquire whether K.S.A. 19-2920 requires that issuance of a conditional use permit pursuant to article 19 of the z…

April 7, 1975 Opinion No. 75- 155 Mr. Robert E. Davis, Attorney Kansas State Board of Pharmacy P.O. Box 6150, Argentine Station Kansas City, Kansas 66106 Dear Mr. Davis: As counsel for the State Board of Pharmacy, you inquire concerning the interpretation of that portion of K.S.A…

April 4, 1975 Opinion No. 75-153 Mr. David L. Thompson Montgomery County Attorney Montgomery County Courthouse Independence, Kansas 67301 Dear Mr. Thompson: You inquire whether it is "possible for a city commissioner of a city of the first class to represent criminal defendants i…

April 4, 1975 Opinion No. 75- 151 The Honorable Robert F. Bennett Governor of Kansas 2nd Floor - State Capitol Building Topeka, Kansas 66612 Dear Governor Bennett: I write, pursuant to our recent conversation, to set forth my views and opinion regarding legal steps necessary to e…

April 3, 1975 Opinion No. 75- 148 The Honorable Joe Warren State Senator 3rd Floor - State Capitol Building Topeka, Kansas 66612 Dear Senator Warren: Article 4, § 3 of the Kansas Constitution provides for recall of elected officials thus: "All elected public officials in the stat…

April 2, 1975 Opinion No. 75-150 The Honorable Elwill M. Shanahan Secretary of State Second Floor, Statehouse Topeka, Kansas 66612 Dear Secretary Shanahan: K.S.A. 25-901 states thus: "Every committee, club, organization, muni- cipality or association designed to promote or engage…

April 2, 1975 Opinion No. 75-147 Mr. Sherman Parks Office of the Secretary of State The State House Topeka, Kansas 66612 Dear Mr. Parks: I am in receipt of your correspondence dated March 3, 1975, from Mr. Jeffrey Warren requesting an opinion from this office as to whether the de…

April 1, 1975 Opinion No. 75-142 Mr. Dick Cortney City Clerk WaKeeney, Kansas 67672 RE: K.S.A. 12-602, 603 Dear Dick: In response to your inquiry concerning certain paving operations designated by resolution of the City Commission under K.S.A. 12-602, I respond as follows: a) Pro…

March 31, 1975 Opinion No. 75- 149 The Honorable Virgil W. Begesse Doniphan County Judge Doniphan County Courthouse Troy, Kansas 66087 Dear Judge Begesse: You inquire whether under K.S.A. 8-1567, the court is empowered to require surrender of the driver's license of a non-residen…

March 31, 1975 Opinion No. 75-146 The Honorable Irving R. Niles State Representative 3rd Floor - State Capitol Building Topeka, Kansas E6612 Dear Representative Niles: We have your inquiry concerning the effect of the due process procedure on teacher contracts. The due process pr…

March 31, 1975 Opinion No. 75- 144 Mr. Frank L. Johnson Chief Attorney Highway Commission of Kansas State Office Building Topeka, Kansas 66612 Dear Mr. Johnson: You have requested several opinions from this office concerning the proper enforcement of K.S.A. 8-1730 in light of the…

CURT T. SCHNEIDER Attorney Genera! March 31, 1975 Opinion No. 75- 143 Mr. Robert P. Ealy, Secretary Kansas State Board for the Registration and Examination of Landscape Architects P. 0. Box 741 Manhattan, Kansas 66502 Dear Mr. Ealy: In your letter of March 11, 1975, you ask wheth…

March 31, 1975 Opinion No. 75-141 Mr. William Harris General Counsel Department of Revenue 2nd Floor - State Office Building Topeka, Kansas 66612 Dear Mr. Harris The Secretary of Revenue has asked for our opinion concerning certain problems which have arisen out of Senate Bill 11…

March 31, 1975 Opinion No. 75- 140 Ms. Dorothea E. Klein, Chairman Board of Hearing Aid Examiners Room 212, 1710 West 10th Street Topeka, Kansas 66604 Dear Ms. Klein: You ask whether an audiologist may be licensed by the Board of Hearing Aid Examiners without taking the examinati…

March 28, 1975 Opinion No. 75- 136 Mr. James G. Kahler orney Ricet County At Lyons, Kansas 67554 Dear Mr. Kahler: You request our interpretation of K.S.A. 24-126. This statute reads in pertinent part: "It shall be unlawful for any person, corpora- tion, drainage or levee district…

March 27, 1975 Opinion No. 75- 139 Mr. Robert A. Arnold, Administrator Kansas State Department of Credit Unions 234 Kansas Avenue Topeka, Kansas 66603 Dear Mr. Arnold: You have requested an opinion from this office concerning the authority of the administrator to promulgate rules…

March 27, 1975 Opinion No. 75- 138 Mr. Robert A. Arnold Administrator Kansas State Department of Credit Unions 234 Kansas Avenue Topeka, Kansas 66603 Dear Mr. Arnold: You have requested an opinion of this office whether a loan by the director of Nekan Bell Credit Union to themsel…

March 26, 1975 Opinion No. 75- 134 The Honorable Jim Lawing State Representative 3rd Floor - State Capitol Building Topeka, Kansas 66612 Dear Representative Lawing: You advise that one John Frye, executive director of Starkey Developmental Center for the Retarded, Inc., is a cand…

March 26, 1975 Opinion No. 75- 133 The Honorable Elwill M. Shanahan Secretary of State 2nd Floor - State Capitol Building Topeka, Kansas 66612 Attn: Mr. Sherman Parks Dear Secretary Shanahan: You inquire concerning a proposed plan of merger between Barhoten Investment Company, In…

March 25, 1975 Opinion No. 75 - 145 The Honorable Pete Loux State Representative 3rd Floor - State Office Building Topeka, Kansas 66612 Dear Representative Loux: You request an opinion on the legality of the razzle dazzle promotion which has been submitted to you for approval. Ou…

March 25, 1975 Opinion No. 75- 132 Mr. C. F. Howe, Assistant Administrator Kansas State Department of Credit Unions 234 Kansas Avenue Topeka, Kansas 66603 Dear Mr. Howe: You have requested an opinion whether a credit union may purchase real property, not for its own use and occup…

March 25, 1975 Opinion No. 75-131 Mr. George H. Herrelson, Jr. Cherokee County Attorney Cherokee County Courthouse Columbus, Kansas 66725 Dear Mr. Herrelson: You have requested an opinion as to the legality of the BGI Dividend checks promotion. It is our opinion that the promotio…

March 24, 1975 Opinion No. 75- 130 The Honorable Ruth Luzzati State Representative 3rd Floor - State Capitol Topeka, Kansas 66612 Dear Representative Luzzati: You inquire concerning 1975 House Bill 2300, which concerns, generally, the authority of cities to acquire property for d…

March 24, 1975 Opinion No. 75-129 Robert L. Pinet County Attorney Ottawa County Courthouse Ottawa, Kansas 66067 Dear Mr. Pinet: K.S.A. 1974 Supp. 65-1,109 provides in pertinent part thus: "(a) From and after January 1, 1974, it shall be unlawful for any person to make any test of…

March 21, 1975 Opinion No. 75-135 Ms. Wilma Williams Doniphan County Clerk Doniphan County Courthouse Troy, Kansas 66087 Dear Ms. Williams: You inquire concerning the withdrawal of candidacies by three persons who filed for nomination and election to the city council of the City …

March 21, 1975 Opinion No. 75- 128 Mr. John D. Osborn Calihan, Green, Calihan & Loyd 118 West Pine Street Garden City, Kansas 67846 Dear Mr. Osborn: You inquire whether there is "any obligation on the part of a recipient of revenue sharing funds to set aside a portion of said fun…

March 21, 1975 Opinion No. 75-127 Mr. Charles V. Hamm, General Counsel Social and Rehabilitation Services Legal. Division State Office Building Topeka, Kansas 66612 Dear Mr. Hamm: You ask my opinion concerning the interpretation and construction of certain statutes relating to pr…

March 20, 1975 Opinion No. 75- 126 Mr. David K. Clark, Esq. Wilson County Attorney 609 Monroe Fredonia, Kansas 66736 RE: K.S.A. 1974 Supp. 58-3003 Dear Mr. Clark: You have requested an opinion from this office relative to the exclusionary provision of K.S.A. 1974 Supp. 58-3003(e)…

March 19, 1975 Opinion No, 75'- 125 Mr. Bryce B, Moore Workmen's Compensation Director 535 Kansas Avenue - 6th Floor Topeka, Kansas 66603 Dear Mr. Moore: You have inquired as to whether federally appointed county agents of the Kansas Cooperative Extension Service are exempt from …

March 19, 1975 Opinion No. 75-123 Mr. Salvatore A. Scimeca, Jr. Geary County Attorney Geary County Courthouse Junction City, Kansas 66441 Dear Mr. Scimeca: You have inquired as to the legality of a department store handing out free tickets to customers in the store, and then cond…

March 19, 1975 Opinion No. 75- 122 Ms. Helen Jaggers Chairman Legislative Committee Kansas Association of Register of Deeds Saline County Register of Deeds Salina, Kansas 67401 Dear Ms. Jaggers: You requested, in your letter of January 6, 1975, an opinion from this office concern…

March 19, 1975 Opinion No. 75 - 121 Mr. R. K. Hollingsworth Assistant District Attorney Sedgwick County Courthouse Wichita, Kansas 67203 Dear Mr. Hollingsworth: Your recent letter raises a question of the legal effect of a sentence which, tracking the exact language of former K.S…

March 18, 1975 Opinion No. 75-120 Mr. Joseph G, Shalinsky Executive Secretary Kansas State Board of Pharmacy P. 0. Box 6150, Argentine Station Kansas City, Kansas 66106 Dear Mr. Shalinsky: You ask whether a drug, which is included in Schedule III as defined by K.S.A. 65-4109(c)(9…