Kansas AG Opinions — 1975

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 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 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 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 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…

January 28, 1975 Opinion No. 75- 29 Mr. Robert W. Manske Woodson County Attorney P. 0. Box 100 Yates Center, Kansas 66783 Dear Mr. Manske: You advise in your letter of January 6, that prior to July 2, 1951, The Yates Center Cemetery Association, a corporation formed pursuant to t…

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…

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 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 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 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. …

Opinion No. 75- 242 June 5, 1975 Mr. Jerry J. Hess City Attorney of Westwood 100 Cloverleaf 3 Building Overland Park, Kansas 66202 Dear Mr. Hess: You have requested that this office advise you whether intoxicating liquors may be consumed at social gatherings to be conducted in a …

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 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…

January 28, 1975 Opinion No. 75- 24 The Honorable David L. Thompson Montgomery County Attorney Montgomery County Courthouse Independence, Kansas 67301 Dear Mr. Thompson: According to the census report of the Kansas State Board of Agriculture, published October 1, 1973, the popula…

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…

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…

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 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…

January 28, 1975 Opinion No. 75- 23 Colonel Allen Rush Superintendent Kansas Highway Patrol State Office Building Topeka, Kansas 66612 Dear Colonel Rush: You have requested our opinion whether a motor vehicle inspec- tion station may charge $5.50 for an inspection, $.50 of which …

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…

May 14, 1975 Opinion No. 75-222 Mr. Robert Corbett, Attorney State Department of Health & Environment 1st Floor, Bldg. 740 Forbes AFB Topeka, Kansas 66620 Dear Mr. Corbett: You inquire whether regional health planning agencies are immune from liability and suit under the provisio…

May 14, 1975 Opinion No. 75- 221 Mr. Thomas W. Regan, Chief Attorney Highway Commission 7th Floor, State Office Building Topeka, Kansas 66612 Dear Mr. Regan: You, through your predecessor, have thus inquired concerning the following specific questions: (1) Is the 1968 Act enforce…

May 14, 1975 Opinion No. 75- 220 Mr. Max Bickford Executive Officer Kansas Board of Regents Suite 1416, Merchants National Bank Tower Topeka, Kansas 66612 Dear Mr. Bickford: K.S.A. 76-308 provides for a permanent university fund thus: "The permanent university fund shall at no ti…

January 24, 1975 Opinion No. 75-22 Mr. Keith. S.,. Krause Executive Director - Water Resources Board Topeka,Kansas 4th Floor M il s Bldg. Dear Mr. Krause: You inquire concerning permissible uses of funds appropriated for fiscal 1975 to the Kansas Water Resources Board:: The appro…

May 14, 1975 Opinion No. 75- 219 Mr. Max Bickford Executive Officer Kansas Board of Regents Suite 1416, Merchants National Bank Tower Topeka, Kansas 66612 Dear Mr. Bickford: Senate Bill No. 355, enacted during the 1975 legislative session, authorizes the State Board of Regents to…

May 13, 1975 Opinion No. 75- 218 Mr. Sheldon E. Morton Lincoln County Attorney Lincoln, Kansas 67455 Dear Mr. Morton: You have inquired whether the VFW in Lincoln may charge $2.00 per evening for a bingo card, and then later exchange or use the same card for special games, withou…

May 12, 1975 Opinion No. 75-217 Mr. Richard E. Jones Assistant City Attorney City of Topeka Municipal Building 215 East 7th Street Topeka, Kansas 66603 Dear Mr. Jones: In your recent letter to this office, you queried whether the Municipal Court Judge of the City of Topeka is a "…

May 13, 1975 Opinion No. 75- 216 Mr. Bernard Nordling City Attorney City of Hugoton Hugoton, Kansas 67951 Dear Mr. Nordling: You have requested an opinion from this office concerning the statutory authority which allows a county, or a county and city jointly, to hold a bond elect…

May 13, 1975 Opinion No. 75- 215 Mr. D. W. Wheeler City Attorney 318 East Main Marion, Kansas 66861 Dear Mr. Wheeler: You have requested an opinion from this office concerning the following three questions: (1) Whether a city of the second class under its general powers can purch…

May 13, 1975 Opinion No. 75-214 Mr. Tim W. Ryan County Attorney 509 Court Street Clay Center, Kansas 67432 Dear Mr. Ryan: You inquire concerning the apparent conflict of zoning regulations between Clay County and the City of Clay Center for the three (3) mile area surrounding the…

May 13, 1975 Opinion No. 75-213 Mr. James L. Sweet Saline County Attorney 300 West Ash City-County Building Salina, Kansas 67401 Dear Mr. Sweet: K.A.R. 28-5-4 provides in pertinent part thus: "The following conditions and practices are declared to be public' nuisances hazardous t…

May 13, 1975 Opinion No. 75 - 919 Anthony D. Lopez Executive Director Commission on Civil Rights 535 Kansas Avenue Topeka, Kansas 66603 Dear Mr. Lopez: You inquire whether: "current or past commission employees and members of the protected groups; black, Mexican Americans, female…