Kansas AG Opinions, 1975

February 14, 1975 Opinion No. 75- 63 Richard C. "Pete" Loux Loren H. Hohman II, State Representatives Statehouse Topeka, Kansas 66612 RE: Proposed constitutional amend- ments to tax agricultural and residential properties. Dear Sirs: Your letter of February 5, 1975, has attached …

February 14, 1975 Opinion No. 75- 62 Ms. Ernestine Gilliland State Librarian Kansas State Library State Capitol Building Topeka, Kansas 66612 Dear Ms. Gilliland: K.S.A. 75-2556, of the State Grants-in-Aid to Libraries Act, K.S.A. 75-2553 et seq., effective July 1, 1974, provides …

February 13, 1975 Opinion No. 75-61 Mr. Jay Don Reynolds Gray County Attorney 105 Main Cimarron, Kansas 67835 Dear Mr. Reynolds: You advise that you are presently county attorney of Gray County, Kansas. In addition, you are also the appointed municipal judge in the City of Scott …

February 12, 1975 Opinion No. 75- 65 Mr. R. G. Henley, Director Municipal Audit Program 11th Floor - State Office Building Topeka, Kansas 66612 Re: K.S.A, 1974 Supp. 10-1116 Dear Mr. Henley; You have requested an opinion from this office interpreting the phrase, "when provision h…

February 12, 1975 Opinion No. 75- 60 The Honorable Michael G. Glover State Representative 3rd Floor - State Capitol Building Topeka, Kansas 66612 Dear Representative Glover: You inquire whether Douglas County may in the exercise of its county home rule powers under K.S.A. 19-101a…

February 12, 1975 Opinion No. 75-59 Mr. Larry D. Ehrlich Russell County Attorney Russell County Courthouse Russell, Kansas 67665 Dear Mr. Ehrlich: We have your letter of February 10. I enclose a copy of Opinion No. 74-382, which you have requested. In addition, you inquire whethe…

February 12, 1975 Opinion No. 75- 58 Mr. Michael F. McCurdy Crawford County Attorney Crawford County Courthouse Girard, Kansas 66743 Dear Mr. McCurdy: You inquire whether, in the exercise of county home rule powers under K.S.A. 19-101a, the board of county commissioners may by ch…

February 11, 1975 Opinion No. 75-64 Mr. V. James Sherer Director of Admissions Dodge City Community College Dodge City, Kansas 67801 Dear Mr. Sherer: In your letter of January 16, you requested an opinion on the le- gality of the action taken by the Board of Trustees of Dodge Cit…

February 11, 1975 Opinion No. 75-51 The Honorable Mary Lou Wheeler Probate Judge of Rush County Rush County Courthouse LaCrosse, Kansas 67548 Dear Judge Wheeler: As the recently elected Probate Judge of Rush County, you advise that some disagreement has arisen between yourself an…

February 11, 1975 Opinion No. 75-50 The Honorable Marian K. Reynolds State Representative 3rd Floor - State Capitol Building Topeka, Kansas 66612 Dear Representative Reynolds: You inquire whether a member of the city council of a city of the third class may also serve as a townsh…

February 11, 1975 Opinion No. 75- 49 Mr. John Ball, Director Kansas Real Estate Commission Room 1212, 535 Kansas Avenue Topeka, Kansas 66603 Dear Mr. Ball: Section 1(a) of ch. 348, L. 1974, now appearing as K.S.A. 1974 Supp. 75-3223 states in pertinent part thus: "Whenever it is …

February 11, 1975 Opinion No. 75- 48 Mr. Edward J. Chapman, Jr. Urban Renewal Board 402 Shawnee Street Leavenworth, Kansas 66048 Dear Mr. Chapman: As counsel for the Urban Renewal Board of Leavenworth, Kansas, you advise that one of the board members has filed for election to the…

February 10, 1975 Opinion No. 75- 5 7 Mr. Steven W. Rogers City Attorney of Fredonia 731 Madison Fredonia, Kansas 66736 Dear Mr. Rogers: You advise in your letter of January 22 that some question has arisen as to the interpretation to be given Section 37 of the Standard Traffic O…

February 10, 1975 Opinion No. 75- 56 Mr, Gene M. Olander District Attorney Shawnee County Courthouse Topeka, Kansas 66603 Dear Mr. Olander: This is a response to your request for our opinion regarding the possible conflict between PL-93-380, 20 USC 821 and K.S.A. 38-717 (1974 Sup…

February 10, 1975 Opinion No. 73- 55 The Honorable Edward F. Reilly, Jr. State Senator 3rd Floor - State Capitol Building Topeka, Kansas 66612 Dear Senator Reilly: K.S.A. 75-2953(b) provides thus: "Any officer or employee in the state classified service shall resign from the serv…

February 10, 1975 Opinion No. 75- 54 Colonel Allen Rush Superintendent Kansas Highway Patrol State Office Building Topeka, Kansas 66612 Dear Colonel Rush: You have requested a formal opinion to determine whether or not a "wig-wag" warning light system may be used on authorized em…

February 7, 1975 Opinion No. 75- 52 The Honorable Richard D. Rogers President of the Kansas Senate 3rd Floor - State Capitol Building Topeka, Kansas 66612 Dear Senator Rogers: You inquire whether a teacher under contract to Unified School District !7o. 383 may run for office as a…

February 7, 1975 Opinion No. 75 - 47 The Honorable Pete Farabi Judge of the City Court of Pittsburg 301 Professional Building Pittsburg, Kansas 66762 Dear Judge Farabi: You request review of opinion no. 74-213, issued June 27, 1974, by Attorney General Vern Miller. The request fo…

February 7, 1975 Opinion No. 75-46 The Honorable Fred W. Rosenau State Representative House of Representatives 3rd Floor - State Capitol Building Topeka, Kansas 66612 Dear Representative Rosenau: You inquire concerning 1975 House Bill 2047. You suggest that the bill seems to cont…

February 7, 1975 Opinion No. 75- 44 Mr. Mickey C. Moorman Assistant County Attorney Labette County Courthouse Oswego, Kansas 67356 Dear Mr. Moorman: You inquire concerning liability of the county for medical care rendered to one William E. Love, for injuries sustained on Septembe…

February 6, 1975 Opinion No. 75- 45 Mr. Tracy D. Klinginsmith Jackson County Attorney Jackson County Courthouse Holton, Kansas 66436 Dear Mr. Klinginsmith: Your letter of January 30, requests an opinion concerning the proper procedure for a cemetery district established pursuant …

February 6, 1975 Opinion No. 75- 43 Mr. Lowell F. Hahn Phillips County Attorney Phillips County Courthouse Phillipsburg, Kansas 67661 Dear Mr. Hahn: You advise that questions have arisen concerning the responsibility for processing both civil and criminal appeals from the Distric…

February 6, 1975 Opinion No. 75- 42 Mr. C. V. Reed Superintendent of Schools Unified District No. 320 815 Fifth Wamego, Kansas 66547 Dear Mr. Reed: You advise that Unified School District No. 320 presently leases a school building from the Catholic parish. Terms of the lease comp…

February 5, 1975 Opinion No. 75- 41 Mr. Matthew J. Dowd County Counselor Board of Commissioners Shawnee County Courthouse Topeka, Kansas 66603 Dear Mr. Dowd: You advise that it has been proposed to authorize the clerk of the Shawnee County District Court to establish and maintain…

February 4, 1975 Opinion No. 75- 39 Mr. Larry D. Ehrlich Russell County Attorney Russell County Courthouse Russell, Kansas 67665 Dear Mr. Ehrlich: You inquire concerning the schedule of salaries payable to elected officials of Russell County commencing January 13, 1975. You advis…

February 4, 1975 Opinion No. 75-38 Mr. Richard H. Rumsey Rumsey, Cox & Rickey 1041 North Waco Wichita, Kansas 67203 Dear Mr. Rumsey: As counsel for the City of Cheney, you inquire concerning two proposed ordinances, one being a charter ordinance. The proposed charter ordinance ex…

February 4, 1975 Opinion No. 75-36 Mr. Keen K. Brantley County Attorney 325 Main Street Scott City, Kansas 67871 Dear Mr. Brantley: You have inquired of this office whether the Scott City may hire the Scott County Sheriff to serve as the Scott City Chief of Police. As I understan…

February 3, 1975 Opinion No. 75- 37 Dr. Herman D. Lujan, Director Division of State Planning and Research Department of Administration Topeka, Kansas 66612 Dear Dr. Lujan: You inquire concerning §§ 15 and 16, ch. 350, L. 1974, amending K.S.A. 74-6102 and -6103, respectively. Unde…

January 30, 1975 Opinion NO. 75-__31_ Mr. Kenneth R. Heer Kingman County Attorney 103 Avenue A East Kingman, Kansas 67068 Dear Mr. Heer: We have your inquiry concerning K.S.A. 19-1423. We agree with your conclusion that the county surveyor is to do a survey when the landowner or …

January 29, 1975 Opinion No. 75-34 Mr. Thomas C. Lysaught County Counselor 511 Huron Building Kansas City, Kansas 66101 Dear Mr. Lysaught: You inquire concerning your responsibility as county counselor to defend elected county officials in lawsuits brought against them based upon…

January 29, 1975 Opinion No. 75- 33 The Honorable Robert H. Miller State Representative House of Representatives 3rd Floor - State Capitol Building Topeka, Kansas 66612 Dear Representative Miller: You inquire whether the board of education of a unified school district may lawfull…

January 29, 1975 Opinion No. 7 5 - 32 Mr. Charles Stough City Attorney of Eudora Ninth and Kentucky Lawrence, Kansas 66044. Dear Mr. Stough: You have requested our office's opinion regarding the powers of the Board of Zoning and the City of. Eudora. I understand the facts in the …

January 29, 1975 Opinion No. 75-30 Mr. F. T. "Jim" Chaffee Shawnee County Sheriff Shawnee County Courthouse 200 East Seventh Topeka, Kansas 66603 Dear Sheriff Chaffee: We have your letter of December 5, 1974, enclosing a copy of a memorandum prepared by Mr. Joseph Zima, your depa…

January 29, 1975 Opinion No. 75- 29 Mr. Ellsworth E. Crowley Executive Secretary State Board of Engineering Examiners 12th Floor - 535 Kansas Avenue Topeka, Kansas 66603 Dear Mr. Crowley: We have your letter requesting our opinion concerning the interpretation of K.S.A. 58-201 (S…

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…

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…

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 …

January 27, 1975 Opinion No. 75- 28 Mr. Leonard McAnarney Lyndon, Kansas 66451 Dear Mr. McAnarney: In regard to your letter of January 13, 1975, concerning the validity of a city ordinance establishing a speed limitation on a state or federal highway connecting link, K.S.A. 68-40…

January 27, 1975 Opinion No. 75- 27 Mr. Louis J. Krueger, Director of Architectural Services Department of Administration 12th Floor State Office Building Topeka, Kansas 66612 Dear Mr. Krueger: You have asked whether a combination of frame ties and over-the-top ties, which meet t…

January 27, 1975 Opinion No. 75- 26 Mr. Robert L. Earnest City Attorney Post Office Box 112 Russell, Kansas 67665 Re: Restricted drivers license, K.S.A. 1974 Supp, 8-237 2(3) Dear Mr. Earnest: This is in reply to your letter of October 30, 1974, inquiring as to our interpretation…

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…

January 22, 1975 Opinion No. 75- 12 Honorable William W. Bunten Kansas State Representative District 54 State Capitol Building Topeka, Kansas Dear Representative Bunten: You inure concerning the effect of the order entered January 17, 1975, by the Shawnee County District Court in…

January 21, 1975 Opinion No. 75- 21 Mr. Bernard E. Nordling City Attorney City of Hugoton Hugoton, Kansas 67951 Dear Mr. Nordling: You advise in your letter of January 7, 1975, that the Hugoton Cemetery District is concerned with the disposition of certain burial plots which are …

January 21, 1975 Opinion No. 7 5 - 11 Mr. James H. DeCoursey, Director Department of Economic Development 1st Floor - State Office Building Topeka, Kansas 66612 Dear Mr. DeCoursey: Prior to amendment by ch. 349, L. 1974, K,S.A, 74-5006(a) provides thus in Pertinent part: "There i…

January 20, 1975 Opinion No. 75-20 The Honorable Bob W. Storey State Senator Suite 310, 820 Quincy Columbian Title Building Topeka, Kansas 66612 Dear Senator Storey: K.S.A. 14-10a03 provides in pertinent part thus: "Any officer or member of any such police department or fire depa…

January 20, 1975 Opinion No. 75- 13 Mr. D. H. Corson, Jr. Attorney at Law 434 Brotherhood Building Kansas City, Kansas 66101 Dear Mr. Corson: K.S.A. 12-1027 states in pertinent part thus: "Any such city which has authorized the appointment of a city manager as in this act provide…