Kansas Attorney General Opinions

May 6, 1975 Opinion No. 75- 205 Mr. Matthew J. Dowd Shawnee County Counselor Shawnee County Courthouse Topeka, Kansas 66603 Dear Counselor Dowd: You enclose a photocopy of Resolution H.R. 75-3, adopted February 11, 1975, by the Board of County Commissioners of Shawnee County, pre…

May 6, 1975 Opinion No. 75-204 Mr. Don Vsetecka Finney County Attorney Finney County Courthouse Garden City, Kansas 67846 Dear Mr. Vsetecka: You inquire concerning K.S.A. 19-1202, which states thus: "The register of deeds may appoint a deputy, who shall hold his office during the…

May 6, 1975 Opinion No. 75- 203 Mr. Rae E. Batt Kinsley City Attorney 500 Marsh Avenue Kinsley, Kansas 67547 Dear Mr. Batt: I have your letter of April 24, concerning the open meeting law. I enclose a copy of my recent opinion on that subject, no. 75-171. In addition, I enclose a…

May 5, 1975 Opinion No. 75- 202 Mr. Fred Pence City Commissioner Post Office Box 708 Lawrence, Kansas 66044 Dear Commissioner Pence: I have your letter of April 24, concerning the Kansas open meetings law. I enclose a copy of my recent opinion, no. 75- 171, which is referred to i…

May 5, 1975 Opinion No. 75- 201 Mr. David L. Thompson Montgomery County Attorney Montgomery County Courthouse Independence, Kansas 67301 Re: K.S.A. 79-304, Freeport Clause, (New) K.S.A. 1975 Supp. 79-201 (7) Dear Dave: Your letter of April 22, 1975, asks whether a Kansas manufac-…

May 2, 1975 Opinion No. 75- 200 The Honorable Kenneth L. Elder Department of Finance and Revenue City of Topeka Municipal Building Topeka, Kansas 66603 Dear Commissioner Elder: Section 2a-103 as amended of the Code of the City of Topeka commences thus: "All purchases of materials…

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 6, 1975. Opinion 1:o. 75- 2 Mrs. Marge Miller Golden Plains Unified School District 316 Rexford, Kansas 67753 Dear Mrs. Mr. Kester has forwarded to us your letter to him of December 17, raising the question whether position number 4 on the board of education of Unified Sc…

May 2, 1975 Opinion No. 75- 199 Mr. David L. Miller State Representative District 6 Labette and Cherokee Counties 2316 Belmont Parsons, Kansas 67357 Dear Representative Miller: You have requested an opinion from this office concerning whether the practice of accepting bids for pu…

May 2, 1975 Opinion No. 75-198 Mr. John E. Fierro Ford County Attorney Ford County Courthouse Box 995 Dodge City, Kansas 67801 Dear Mr. Fierro: You advise that recently in Ford County, two townships were pro- posed to be consolidated pursuant to K.S.A. 80-1109, and an election ca…

May 1, 1975 Opinion No. 75- 197 Mr. C. Taylor Whittier Commissioner of Education Kansas State Department of Education 120 East 10th Street Topeka, Kansas 66612 Dear Commissioner Whittier: You have requested an opinion from this office in light of the passage of House Bills 2529 a…

April 25, 1975 Opinion No. 75- 196 Mr. Darrell D. Carlton Commissioner of Labor Kansas Department of Labor 401 Topeka Avenue Topeka, Kansas 66603 Dear Commissioner Carlton: You request our opinion whether the Commissioner of Labor has jurisdiction to determine the validity of cla…

May 2, 1975 Opinion No. 75- 195 Mr. Larry D. Ehrlich Russell County Attorney Russell, Kansas 67665 Dear Mr. Ehlich: You have inquired whether charitable organizations may raise money for charity purposes by conducting raffles. K.S.A. 21-4302(2) defines a lottery as: "an enterpris…

April 29, 1975 Opinion No. 75- 194 Mr. Charles V. Hamm, General Counsel Legal Division Social and Rehabilitation Division State Office Building Topeka, Kansas 66612 Dear Mr. Hamm: You inquire concerning K.S.A. 59-2931, and in particular, as it applies to requests by the Kansas Bu…

April 29, 1975 Opinion No. 75-193 The Honorable Arthur W. Douville State Representative 9600 Woodson Overland Park, Kansas 66207 Dear Representative Douville: Section 3 of 1975 Senate Bill 451 prescribes the composition of a county charter commission established thereunder, as fo…

April 29, 1975 Opinion No. 75-192 Mr. Donald E. Martin City Attorney Ninth Floor-Municipal Office Bldg. One Civic Center Plaza Kansas City, Kansas 66101 Dear Mr. Martin: You inquired whether the City of Kansas City, Kansas, is eligible to be licensed to operate a bingo game under…

April 28, 1975 Opinion No. 75- 191 Dr. Richard W. Morrison Superintendent of U.S.D. 465 920 Millington Winfield, Kansas 67156 Dear Dr. Morrison: Your recent letter inquires if a "conflict of interest" arises by virtue of the fact that a recently elected school board member is a s…

April 22, 1975 Opinion No. 75- 190 Mr. W. Keith Weltmer, Secretary Department of Administration 2nd Floor - State Capitol Building Topeka, Kansas 66612 Dear Secretary Weltmer: On February 19, 1975, this office issued Opinion No. 75-85, addressed to Mr. Lowell Long, Director of Pe…

January 17, 1975 Opinion No. 75- 19. Mr. Lowell F. Hahn County Attorney County of Phillips Phillipsburg, Kansas 67661 Dear Mr. Hahn: You advise that in the November 1974, general election, your tenure of tan years as county attorney of Phillips County was apprently ended with the…

April 24, 1975 Opinion No. 75-189 The Honorable James L. Ungerer State Representative 1000 Otoe Marsyville, Kansas 66508 Dear Representative Ungerer: You have requested our opinion on whether or not bingo can be advertised in the newspaper or on radio or television in regard to t…

April 24, 1975 Opinion No. 75-188 Mr. David Berkowitz Douglas County Attorney Douglas County Courthouse Lawrence, Kansas 66044 Dear Mr. Berkowitz: You have asked for an opinion as to whether a bingo game giving away two or more prizes on a single series of drawings of numbers con…

April 24, 1975 Opinion No. 75- 187 Mr. David L. Thompson Montgomery County Attorney Montgomery County Courthouse Independence, Kansas 67301 Dear Mr. Thompson: You advise that at the April 1 election, a Coffeyville attorney was elected to the board of city commissioners of that ci…

April 28, 1975 Opinion No. 75- 186 Mr. Matthew Dowd, Esq. County Counselor Shawnee County Courthouse Topeka, Kansas 66603 RE: K.S.A. 1974 Supp. 79-3102 Mortgage Registration Tax- Exemption Dear Mr. Dowd: You request an opinion from this office relative to the application of K.S.A…

April 23, 1975 Opinion NO. 75-185 Michael J. Malone Assistant County Attorney Douglas County Courthouse Lawrence, Kansas 66044 Dear Mr. Malone: Your recent inquiry asks whether K.S.A. 21-4616, providing for the annulment of criminal convictions of offenders under 21 years of age …

April 25, 1975 Opinion No. 75- 184 The Honorable John F. Vermillion State Senator 1424 North 8th Street Independence, Kansas 67301 Dear Senator Vermillion: You inquire whether 1975 House Bill 2606 requires that, after April 1, 1976, the Kansas Turnpike Study must cause to be made…

April 24, 1975 Opinion No. 75-183 Mr. Edward F. Reilly, Jr., Chairman Senate Federal and State 430 Delaware Leavenworth, Kansas 66048 Dear Senator Reilly: You inquire concerning the constitutionality of K.S.A. 44-407 which establishes the fee employment agencies may charge. You h…

April 24, 1975 Opinion No, 75- 182 Mr. Robert J, Percy, Assistant Administrator Kansas State Department of Credit Unions 234 Kansas Avenue Topeka, Kansas 66603 Dear Mr. Percy: You have requested an opinion from this office interpreting K.S.A. 17-2209(7) as it relates to the credi…

April 23, 1975 Opinion No. 75-1R1 Honorable Fletcher Bell Insurance Commissioner State Office Building Topeka, Kansas Dear Mr. Bell: You have asked whether the events described below constitute a violation of any law, specifically the Kansas Insurance Code or Regulations, or the …

April 23, 1975 Opinion No. 75-180 Mr. Harold F. Gibbon Assistant Director Division of Accounts and Reports Department of Administration 2nd Floor - State Capitol Building Topeka, Kansas 66612 Dear Mr. Gibbon: You inquire whether the Children and Youth Commission of Kansas City-Wy…

January 17, 1975 Opinion No. 75-18 Mr. Leonard J. Dix Rooks County Attorney Stockton, Kansas 67669 Dear Mr. Dix: We have your letter of January 9, concerning the salary of the Probate Judge of Rooks County, effective January 13, 1975. We agree fully with your opinion no. 3-75, da…

April 23, 1975 Opinion No. 75- 179 Mr. R. C. Cunningham City Clerk of Quinter Quinter, Kansas 67752 Dear Mr. Cunningham: We have your second letter, posing specific questions concerning Ordinance No. 267 of the City of Quinter, which establishes water rates for customers, penalti…

April 23, 1975 Opinion No. 75- 178 Mr. Daniel A. Young Douglas County Counselor Post Office Box 585 Lawrence, Kansas 66044 Dear Mr. Young: As county counselor, you inquire concerning the authority of the county to provide and certify the assurances contained in form HUD-7015.12, …

April 23, 1975 Opinion No. 75-177 Mr. Tim W. Ryan Clay County Attorney Clay County Courthouse Clay Center, Kansas 67432 Dear Mr. Ryan: You inquire whether monies in the county welfare fund may be used to establish a mental health center pursuant to K.S.A. 19-4001 et seq. K.S.A. 1…

April 23, 1975 Opinion No. 75-176 Mr. Barry E. Warren Research Assistant City Attorney's Office Municipal Building 215 East 7th Street Topeka, Kansas 66603 Dear Mr. Warren: Your recent letter questions whether certain locking devices on exit doors within some Topeka area apartmen…

April 22, 1975 Opinion No. 75- 175 . Mr. Max Bickford, Executive Officer Board of Regents - State of Kansas Suite 1416-Merchants National Bank Tower Topeka, Kansas 66612 Dear Mr. Bickford; You ask whether the replacement of an elevator jack assembly would be included in the servi…

April 22, 1975 Opinion No. 75- 174 Mr. Max Bickford Executive Officer Kansas Board of Regents Suite 1416 - Merchants National Bank Tower Topeka, Kansas 66612 Dear Mr. Bickford: You forwarded to us an inquiry concerning a proposed sick leave policy, under consideration by the Univ…

April 22, 1975 Opinion No. 75-173 The Honorable Robert Whittaker State Representative 3rd Floor - State Capitol Building Topeka, Kansas 66612 Dear Representative Whittaker: You advise that the mayor of the City of Andover has inquired whether a particular attorney is eligible for…

April 21, 1975 Opinion No. 75-172 Mr. W. Edward Nichols, Esq. DEAN, DEAN, NICHOLS & SPRAGUE 400 Columbian Building Topeka, Kansas 66603 RE: K.S.A. 19-2770 Dear Mr. Nichols: You have requested an opinion from this office relative to the application of K.S.A. 19-2770. You advise th…

April 21, 1975 Opinion No. 75- 171 Mr. Gerald E. Williams Breyfogle, Gardner, Martin, David & Kreamer Court Square Building 110 South Cherry Olathe, Kansas 66061 Dear Mr. Williams: As city attorney for the City of Lenexa, you inquire concerning the application of the Kansas open …

April 22, 1975 Opinion No. 75-170 Mr. James W. Bibb Director of the Budget Department of Administration 1st Floor - State Capitol Building Topeka, Kansas 66612 Dear Mr. Bibb: You inquire whether the proposed bill attached to your letter, numbered 5 RS 1412, is necessary to provid…

January 17, 1975 Opinion No. 75- 17 Mr. Jim W. Ryan County attorney 509 Court Street Clay Center, Kansas 67432 Dear Mr. Ryan: We have your letter of January 13, enclosing a copy of your opinion of the same date addressed to the Board of County Commissioners of Clay County, concer…

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 22, 1975 Opinion No. 75- 168 Sheriff Bert Cantwell Sheriff of Wyandotte County Wyandotte County Courthouse Kansas City, Kansas 66101 Dear Sheriff Cantwell: K.S.A. 19-805 provides thus: "Each sheriff may appoint such and so many deputies as he may think proper, for whose off…

April 21, 1975 Opinion No. 75- 167 Mr. Robert A. Bloomer Assistant City Attorney City of Downs 202 West Main Street Osborne, Kansas 67473 Dear Mr. Bloomer: Your letter inquires as to the proper procedure for the disposition of fines and court costs which are assessed against a de…

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 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 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…