Kansas Attorney General Opinions

September 27, 1974 Opinion No. 74-328 Mrs. Elwill M. Shanahan Secretary of State Statehouse Topeka, Kansas 66612 Dear Secretary Shanahan: Under S 1 of chs. 137 and 138, L. 1974, a proposition for the nonpartisan selection of district court judges is to be "submitted to the qualif…

September 26, 1974 Opinion No. 74-. 327 The Honorable Jack Steineger Minority Leader Senator Sixth District New Brotherhood Building Kansas City, Kansas 66101 Dear Senator Steineger: In your letter of September 16, you inquire concerning the applicability of K.S.A. 70-101 et seq.…

September 25, 1974 Opinion No. 74-326 Mr. Roger W. Lovett Project Director Kansas Commission on Civil Rights 1155 W State Office Building Topeka, Kansas 66612 Re: Validity of Commission Business Being Conducted by New Appointees to the Kansas Commission on Civil Rights Prior to T…

September 23, 1974 Opinion No. 74- 325 Honorable Earl Garrett Municipal Judge Chetopa, Kansas 67336 RE: Your letter of July 26, 1974. Dear Judge Garrett: You request our opinion whether local authorities may enact and enforce a careless driving ordinance similar to K.S.A. 1973 Su…

September 23, 1974 Opinion No. 74- 324 Honorable Richard C. "Pete" Loux House Minority Leader House of Representatives Capitol Building Topeka, Kansas 66612 Dear Representative Loux: K.S.A. 45-201 states in pertinent part thus: "All official public records of the state [and] coun…

September 23, 1974 Opinion No. 74- 323 The Honorable William R. Novak Representative - 70th District Lost Springs, Kansas 66859 Dear Representative Novak: In reference to the recent contest of the primary election in the 70th Representative District, you inquire, whether the ball…

September 18, 1974 Opinion No. 74- 322 Mr. John Dekker City Attorney of Wichita City Building Annex 104 South Main Wichita, Kansas 67202 RE: K.S.A. 12-1736--Wichita Art Museum Dear Mr. Dekker: We have received a request to issue a formal opinion : relativetotheaplicabilityofK.S.A…

September 13, 1974 Opinion No. 74 21 -3 Mr. Norman Gaar Senator, Seventh District 2340 West 51st Street Westwood, Kansas 66205 RE: K.S.A. 1973 Supp. 3-314 Dear Senator Gaar: You have requested an interpretation by this office of K.S.A. 1973 Supp. 3-314. You advise that Johnson Co…

September 13, 1974 Opinion No. 74- 320 Mr. Lawrence H. Litson Gove County Attorney Gove, Kansas 67736 Dear Mr. Litson: You inquire whether a Kansas city is subject to liability for injuries suffered by persons using a city-owned and city- operated swimming pool, or whether the ci…

September 13, 1974 Opinion No. 74- 317 Farris and Mears Attorneys at Law P. O. Box 2 Atchison, Kansas 66002 Gentlemen: You inquire concerning the application of K.S.A. 19-705 to the following circumstances. As a result of a boating accident on August 3, 1974, on the Missouri Rive…

September 13, 1974 Opinion No. 74- 316 Dr. C. Taylor Whittier, Commissioner of Education Kansas State Department of Education 120 East 10th Street Topeka, Kansas 66612 Dear Commissioner Whittier: You inquire concerning the amount which unified school districts are authorized to p…

September 12, 1974 Opinion No. 74-318 Mr. Elmer Hoge, Staff Attorney Legal Department Highway Commission of Kansas State Office Building Topeka, Kansas 66612 Dear Mr. Hoge: In your letter of August 15, you inquire whether the State Highway Commission, after adopting regulations a…

September 11, 1974 Opinion No. 74-315 Colonel W. L. Albott Superintendent Kansas Highway Patrol State Office Building Topeka, Kansas 66612 RE: Sales tax on motor vehicle inspection charges and certificates; K.S.A. 1973 Supp. 79-3603 and Chapter 42, Laws of 1974. Dear Colonel Albo…

September 11, 1974 Opinion No. 74- 311 Mrs. Mary F. Hope Commissioner of Elections Shawnee County Court House Topeka, Kansas 66603 Dear Mrs. Hope: You inquire concerning K.S.A. 72-8007, which states in pertinent part thus: "In the event that an election is to be called as determi…

September 10, 1974 Opinion No. 74 - 314 Mr. Robert D. Loughbom Attorney for the Board of Healing Arts 292 New Brotherhood Building Kansas City, Kansas 66101 Dear Mr. Loughbom: We have reviewed the rules and regulations proposed to be filed by the State Board of Healing Arts, conc…

September 10, 1974 Opinion No. 74- 313 Mr. Nick A. Tomasic District Attorney Twenty-Ninth Judicial District Wyandotte County Courthouse Kansas City, Kansas 66101 Dear Nick: You inquire whether a medical technician employed, e.g. in the emergency room of a hospital, may be require…

September 10, 1974 Opinion No. 74- 312 Gerald S. Franklin Superintendent of Schools Unified District No. 490 Butler County Box 590 El Dorado, Kansas 67042 Dear Superintendent Franklin: You inquire whether the procedural requirements set out at K.S.A. 72-8901, et seq., for the sus…

September 10, 1974 Opinion No. 74- 310 Mr. Robert D. Beall City Attorney City of Leavenworth 2205 South Fourth Street Leavenworth, Kansas 66048 Dear Mr. Beall: You inquire concerning the Leavenworth waterworks board, created under K.S.A. 13-2412, et seq., and its relationship to …

September 6, 1974 Opinion No, 74- 307 Mr. Dennis D. Roth City Attorney Peoples National Bank Building Burlington, Kansas 66839 Dear Mr. Roth: K.S.A. 73-207 states in pertinent part as follows: "That from and after the passage of this act all ex-union soldiers and sailors....[and …

September 5, 1974 Opinion No. 74- 308 Mr. Stan Morgan City Attorney Oberlin, Kansas 67749 Dear Mr. Morgan: You enclose a copy of an ordinance published June 13, 1974, in the Oberlin Herald, providing for the collection and dispo- sition of garbage and refuse. Section 19 provides …

September 4, 1974 Opinion No. 74-_/01 Mr. John E. Fierro County Attorney Box 995 Dodge City, Kansas 67801 RE: Your letter of March 18, 1974. Dear Mr. Fierro: You request our opinion relative to the legality of farmers moving mobile homes from one location to another with unregist…

September 4, 1974 Opinion No. 74- 302 Mr. John E. Fierro Ford County Attorney Box 995 Dodge City, Kansas 67801 Dear Mr. Fierro: You inquire "whether ... a party candidate who loses in a primary election is eligible to be a write-in candidate at the general election." He is. K.S.A…

September 4, 1974 Opinion No. 74- 101 Kenneth R. Heer Kingman County Attorney 103 Avenue A East Kingman, Kansas 67068 Dear Mr. Heer: You advise that pursuant to K.S.A. 19-2914 et seq., the Kingman County Board of Commissioners has adopted countywide zoning regulations. The proper…

September 3, 1974 Opinion No. 74-305 Mr. R. L. Fraley Chief Fire Inspector Wichita Fire Department Third and Water Streets Wichita, Kansas 67202 Dear Mr Fraley: Your recent letter has been referred to me for reply. The state fire marshal is charged by K.S.A. 31-133 with adopting …

August 29, 1974 Opinion No. 74- 299 C. Taylor Whittier Commissioner of Education 120 East 10th Street Topeka, Kansas 66612 Dear Commissioner Whittier: K.S.A. 71-301 states in pertinent part thus: "(a) The board of trustees shall charge to and collect from each student tuition at …

August 29, 1974 Opinion No. 74- 298 Mr. Bert Blank 398 7th Street Phillipsburg, Kansas 67661 Dear Mr. Blank: We are advised that a question has arisen concerning the nomina- tion of an individual as a Democratic candidate for the office of county clerk. According to the informati…

August 28, 1974 Opinion No. 74-300 Mr. J. D. Hattaway BLACK & VEATCH, Consulting Engineers P. 0. Box 8405 Kansas City, Missouri 64114 RE: Municipal bond maturity schedule; K.S.A. 1973 Supp. 10-103. Dear Mr. Hattaway: You have requested an opinion from this office relative to the …

August 28, 1974 Opinion No. 74-297 Mr. Gordon Davis, Jr. Dickinson County Attorney Sunflower Building Abilene, Kansas Dear Mr. Davis: This letter is in response to your telephone inquiry of this date. As we understand the situation the electors in Dickinson County on August 6, 19…

August 26, 1974 Opinion No. 74- 295 James T. McDonald Secretary of Revenue State Office Building Topeka, Kansas 66625 Dear Secretary McDonald: By letter dated July 9, 1974, and pursuant to K.S.A. 77-422, you submit for our review proposed regulation numbered 14-19-12. An earlier …

August 26, 1974 Opinion No. 74- 294 Honorable Tom R. Van Sickle State Treasurer Capitol Building Topeka, Kansas 66612 Attn: Don DeShazer Dear Mr. Van Sickle: We have your letter of August 13, concerning the Federal Financing Bank, created by the Federal Financing Bank Act of 1973…

August 26, 1974 Opinion No. 74- 291 Lloyd C. Bloomer Osborne City Attorney 202 West Main Street Osborne, Kansas 67473 Dear Mr. Bloomer: You advise that the City of Osborne has recently annexed ap- proximately sixteen acres of farm land adjoining the city limits. The ordinance was…

August 26, 1974 Opinion No. 74- 290 Richard C. "Pete" Loux House Minority Leader House of Representatives Capitol Building Topeka, Kansas 66612 Dear Representative Loux: You inquire whether, as a member of the Kansas Legislature, you may lawfully conduct a seminar under the auspi…

August 26, 1974 Opinion No. 74- 289 Honorable William W. Bunten State Representative, 54th District 1200 Merchants National Bank Bldg. Topeka, Kansas 66612 Dear Representative Bunten: You advise that the Shawnee County Democratic Central Committee has failed to hold a meeting for…

August 22, 1974 Opinion No. 74- 288 Mr. Jack N. Williams Assistant District Attorney Director, Consumer Protection Division Office of the District Attorney 18th Judicial District Sedgwick County Courthouse Wichita, Kansas 67203 Dear Mr. Williams: In your opinion request of August…

August 21, 1974 Opinion No. 74- 287 Mr. Jeff Johnson Stevens County Attorney Stevens County Courthouse Hugoton, Kansas 67951 Dear Mr. Johnson: You advise that a citizen who is registered as a Republican has received a sufficient number of write-in votes to receive the nomination …

August 21, 1974 Opinion No. 74- 286 Honorable Harold P. Dyck State Representative 101st District 226 Hess Hesston, Kansas 67062 Dear Representative Dyck: We have your inquiry regarding the status of employees provided for in K.S.A. 76-11a01 and K.S.A. 76-11a02 were these statutes…

August 21, 1974 Opinion No. 74- 285 John E. Sanders Greenwood County Attorney Greenwood County Courthouse Eureka, Kansas 67045 Dear Mr. Sanders: K.S.A. 28-831 states thus: "If any salary of any officer or employee whose salary or compensation was fixed before the effective date o…

August 21, 1974 Opinion No. 74- 7R4 Mark L. McHenry Chairman Four Rivers Conservation and Development Project Box 188 Minneapolis, Kansas 67467 Dear Mr. McHenry: We have your inquiry concerning the use of school buildings and equipment in developing a county-wide recreation progr…

August 20, 1974 Opinion No. 74- 27q Jerome H. Svore Regional Administrator U. S. Environmental Protection Agency Region 7 735 Baltimore, Room 249 Kansas City, Missouri 64108 Dear Mr, Svore: You have requested a statement defining the responsibilities of our office for enforcement…

August 19, 1974 Opinion No. 74- 292 John Ball, Director Kansas Real Estate Commission Room 1212 535 Kansas Avenue Topeka, Kansas 66603 Dear Mr. Ball: K.S.A. 58-3003, of the Real Estate Brokers' License Act, provides in pertinent part thus: "The provisions of this act shall not ap…

August 19, 1974 Opinion No. 74- 283 Darrell D. Carlton Commissioner of Labor 401 Topeka Avenue Topeka, Kansas 66603 Dear Commissioner Carlton: K.S.A. 38-601 states thus: "No child under fourteen (14) years of age shall be at any time employed at any occupation or trade in any bus…

August 16, 1974 Opinion No. 74- 281 Honorable Richard C. "Pete" Loux House Minority Leader House of Representatives Capitol Building Topeka, Kansas 66612 Dear Representative Loux: You inquire whether a record of the annual enumeration made by the county assessor or county clerk a…

August 15, 1974 Opinion No. 74- 282 Honorable Richard C. "Pete" Loux House Minority Leader House of Representatives Capitol Building Topeka, Kansas 66612 Dear Representative Loux: K.S.A. 25-2304 states thus: "The county election officer shall maintain registration books to regist…

August 15, 1974 Opinion No. 74- 278 John H. Taylor Geary County Attorney Geary County Courthouse Junction City, Kansas 66441 Dear Mr. Taylor: We have your letter of August 2, enclosing a copy of a letter from Hayes B. Deck to you, dated August 1. Mr. Beck is a candidate for elect…

August 15, 1974 Opinion No. 74- 277 Honorable Duane S. "Pete" McGill Speaker, House of Representatives P.O. Box 493 Winfield, Kansas 67155 Dear Mr. Speaker: We have your letter of July 8, suggesting that somewhere in the provisions of K.S.A. 75-3635 through -3640, there lies a "s…

August 15, 1974 Opinion No. 74- 276 Harold L. Voth Superintendent of Schools U.S.D. 312 Haven, Kansas 67543 Dear Superintendent Voth: You advise that a group of citizens from the Partridge Community Church, Partridge, Kansas, has asked that the Board of Education grant them autho…