Kansas Attorney General Opinions

August 14, 1974 Opinion No. 74- 271 Charles E. Sims State Librarian State Capitol Bldg. Topeka, Kansas 66612 Dear Mr. Sims: K.S.A. 79-5015 states thus: "Whenever any taxing subdivision of this state shall be required by law to levy taxes for the fi- nancing of the budget of any p…

August 14, 1974 Opinion No. 74- 710... Mr. Henri Fournier Executive Director State Board of Cosmetology 630 Kansas Avenue Topeka, Kansas 66603 Dear Mr. Fournier: K.S.A. 65-1903 provides in pertinent part thus: "An instructor is one who teaches the profession of cosmetology, as he…

August 14, 1974 Opinion No. 74- 269 James R. Ward Assistant City Attorney City of Topeka Municipal Building 215 East 7th Street Topeka, Kansas 66603 Dear Mr. Ward: You inquire concerning the application of K.S.A. 75-4301 et seq., to approval by the City Commission, and execution …

August 13, 1974 Opinion No. 74- 272 Warden L. Noe Attorney State Board of Agriculture State Office Building Topeka, Kansas 66612 Dear Mr. Noe: You inquire whether the Taco Tico Commissary, located at 211 N. Minneapolis, Wichita, Kansas, is subject to inspection pursuant to the Ka…

August 12, 1974 Opinion No. 74- 296 Mr. Keith Sanborn District Attorney Sedgwick County Courthouse Wichita, Kansas 67203 Re: County or District Attorney handling violations of Chapter 193, Laws 1974. Dear Mr. Sanborn: In your recent letter you inquired whether it was the responsi…

August 9, 1974 Opinion No. 74- 266 Lt. Col. Allen Rush Assistant Superintendent Kansas Highway Patrol State Office Building Topeka, Kansas 66612 Dear Colonel Rush: In your letter of May 17, 1974, you inquire whether under the provisions of Senate Bill 587, § 8-1719, as passed by …

August 8, 1974 OPINION NO. 74- 268 John E. Fierro County Attorney Ford County, Kansas County Courthouse Dodge City, Kansas 67801 Dear Mr. Fierro: You inquire about the validity of the certificate of need issued by the coordinating council for health planning to the Minneola Distr…

August 8, 1974 Opinion No. 74-267 Mr. Edward R. Moses, Esq. City Attorney City Building Great Bend, Kansas 67530 RE: K.S.A. 1973 Supp. 79-3603 Dear Mr. Moses: You have requested from this office an interpretation of K.S.A. 1973 Supp. 79-3603 (referred to in your letter as Senate …

August 8, 1974 Opinion No. 74- 265 John L. Bingham Governor's Pardon and Extradition Attorney 2nd Floor, Capitol Building Topeka, Kansas 66612 Dear Mr. Bingham: You have furnished to this office a copy of a letter dated June 17, 1974, addressed to Governor Robert Docking, from Jo…

August 8, 1974 Opinion No. 74- 262 John W. Brand, Jr. Stevens, Brand & Lungstrum Suite 502 First National Bank Tower Lawrence, Kansas 66044 Dear Mr. Brand: As chief negotiator for Unified School District No. 497, you inquire concerning the application of the Kansas open meeting l…

August 8, 1974 Opinion No. 74- 261 L. L. Van Petten Superintendent Derby U.S.D. 260 120 East Washington Derby, Kansas 67037 Dear Superintendent Van Petten: In your letter of July 5, you state that you have been informed by John E. Snyder, Assistant Commissioner for Vocational Edu…

August 8, 1974 Opinion No. 74- 260 Richard C. Dearth Jones & Dearth, Chartered 1712 Broadway Parsons, Kansas 67357 Dear Mr. Dearth: K.S.A. 19-1827 provides in pertinent part thus: "That the county commissioners of any county containing a population of not more than thirty thousan…

August 6, 1974 Opinion No. 74-264 Col. William L. Albott Superintendent Kansas Highway Patrol State Office Building Topeka, Kansas 66612 Dear Colonel Albott: You inquire whether members of the Kansas Highway Patrol may accept employment to perform law enforcement duties at the Ka…

August 5, 1974 Opinion No. 74- 263 Frank L. Johnson Chief Attorney State Highway Commission State Office Building Topeka, Kansas 66612 Attn: Elmer Hoge Dear Mr. Johnson: As amended by 1974 House Bill 1852, now ch. 421, L. 1974, K.S.A. 77-422 states in pertinent part thus: "An eme…

August 5, 1974 Opinion No. 74-259 Mr. Charles K. Hyter City Attorney P.O. Box 1567. Hutchinson, Kansas 67501 RE: Opinion concerning the validity of a city ordinance which grants the right of judicial review in a county district court. Dear Mr. Hyter: In response to your opinion r…

August 2, 1974 Opinion No. 74-255 Mr. C. F. Howe Assistant Administrator State Department of Credit Unions 234 Kansas Avenue Topeka, Kansas 66603 RE: Your letter of July 9, 1974. Dear Mr. Howe: You request our opinion whether the renewal of a loan by a credit union to an officer …

August 2, 1974 Opinion No. 74- 253 Erle W. Francis, Attorney State Board of Education Suite 19, Capitol Federal Bldg. 700 Kansas Avenue Topeka, Kansas 66603 Dear Mr. Francis: You inquire concerning K.S.A. 72-130 et seq., and the relation- ship of the State Board of Education and …

August 1, 1974 Opinion No. 74-254 Mr. J. David Farris Atchison County Attorney County Courthouse Atchison, Kansas 66002 RE: Delinquent real property taxes--collection procedures. Dear Mr. Farris: You have requested an opinion from this office relative to certain procedures for th…

July 31, 1974 Opinion No. 74- 258 David S. Lord City Attorney 108 West Washington Arkansas City, Kansas 67005 Dear Mr. Lord: In opinion no. 74-182, we concluded that § 54 of 1974 House Bill 2054, now ch. 361, L. 1974, prescribed the salary of the Probate Judge of Cowley County to…

July 31, 1974 Opinion No. 74- 257 The Honorable Michael G. Glover Representative, 44th District 1308 Summit Lawrence, Kansas 66044 Dear Mr. Glover: You ask in your letter of April 22, 1974, whether the provisions of K.S.A. 1973 Supp. 21-4603 are applicable in cases involving pers…

July 30, 1974 Opinion No. 74- 252 Erle W. Francis, Attorney State Board of Education Suite 719 Capitol Federal Building 700 Kansas Avenue Topeka, Kansas 66603 Dear Mr. Francis: You advise that more than ten electors have filed a plan for change of method of selection or voting pl…

July 30, 1974 Opinion No. 74- 251 James G. Kahler Rice County Attorney 119 1/2 W. Main St. Lyons, Kansas 67554 Dear Mr. Kahler: You inquire concerning the proper construction of that portion of K.S.A. 25-213 which provides thus: "No person shall receive the nomination nor have hi…

July 29, 1974 Opinion No. 74-256 Mr. Roger W. Lovett Project Director Kansas Commission on Civil Rights Room 1155 W State Office Building Topeka, Kansas 66612 RE: Opinion concerning KCCR rules and regulations. Dear Mr. Lovett: In response to your opinion request letter dated July…

July 29, 1974 Opinion No. 74- 248 Mr. Richard Jackson Director Economic Opportunity Office State Capitol Building Topeka, Kansas 66612 Dear Mr. Jackson: K.S.A. 39-747 provides in pertinent part as follows: "On January 1, 1974, county social welfare boards are hereby abolished and…

July 29, 1974 Opinion No. 74- 244 Mr. V. R. Moen Ottawa County Attorney 216 West 2nd Minneapolis, Kansas Dear Mr. Moen: After discussions with the Office of Revenue Sharing, Depart- ment of the Treasury, Washington, D.C., we are constrained to withdraw our opinion no. 74-150, iss…

July 26, 1974 Opinion No. 74- 250 Mr. Norman E. Gaar Senator Seventh District, Johnson County 2340 West 51st Street Westwood, Kansas 66205 RE: K.S.A. 1973 Supp. 10-201, 10-202 and 10-203. Dear Senator Gaar: You have requested an opinion from this office relative to an interpretat…

July 26, 1974 Opinion No. 74- 243 Donald E. DeShazer Assistant State Treasurer State Capitol Topeka, Kansas 66612 Dear Mr. DeShazer: In connection with our opinion of July 16, 1974, issued upon your inquiry regarding the crediting of interest income on moneys within the Attorney …

July 25, 1974 Opinion No. 74-249 Mr. Robert I. Nicholson County Attorney Miami County Courthouse Paola, Kansas 66071 RE: Car registration and personal property tax on motor vehicles owned by servicemen stationed in Kansas. Dear Mr. Nicholson: We have your letter in which you inqu…

July 24, 1974 Opinion No. 74- 247 James T. McDonald Secretary of Revenue State Office Building Topeka, Kansas 66612 Dear Secretary McDonald: K.S.A. 1973 Supp. 72-7068 (a) provides thus: "The director of taxation shall make distri- butions from the school district income tax fund …

July 23, 1974 Opinion No. 74- 245 TO: All County Attorneys Inasmuch as this office has received numerous inquiries regarding the meaning and effect of Chapter 168 of the 1974 Session Laws of Kansas (Senate Bill No. 941), this opinion is submitted in an attempt to consolidate and …

July 19, 1974 Opinion No. 74 - 242 Mr. Warner Moore 1014 Century Plaza Building 111 West Douglas Wichita, Kansas 67202 Dear Mr. Moore: You state that the Forestry, Fish and Game Commission has received complaints relative to the establishment of a pos- session limit on game fish …

July 19, 1974 Opinion No. 74- 241 Col. William L. Albott Superintendent Kansas Highway Patrol State Office Building Topeka, Kansas 66612 Dear Colonel Albott: On July 9, 1974, this office issued an opinion regarding the authority of members of the Kansas Highway Patrol to enforce …

July 17, 1974 Opinion No. 74- 240 Patrick J. Reardon Leavenworth County Attorney Leavenworth County Court House Leavenworth, Kansas 66048 Dear Mr. Reardon: The first sentence of K.S.A. 19-4004 empowers a board of county commissioners to levy an annual tax not exceeding one-half m…

July 17, 1974 Opinion No. 74- 239 Mr. James P. Lugar Attorney, U.S.D. #203 7735 Washington Ave. Alpine East Bldg. Kansas City, Kansas 66112 Dear Mr. Lugar: As counsel for Unified School District No. 203, you inquire whether a member of the board of education is in conflict with t…

July 17, 1974 Opinion No. 74- 238 Arthur N. Turner Newton City Attorney 110 East Sixth Street Newton, Kansas 67114 Dear Mr. Turner: You inquire concerning paragraph sixteenth of K.S.A. 79-201, which section was amended by 1974 Senate Bill 651, now ch. 427, L. 1974, to provide as …

July 16, 1974 Opinion No. 74- 246 Mr. Kenny Peak Criminal Justice Planner Southeast Kansas Regional Planning Commission Box 664 Chanute, Kansas 66720 Dear Mr. Peak: As Criminal Justice Planner with the Southeast Kansas Regional Planning Commission, you advise that your agency has…

July 15, 1974 Opinion No. 74-236 J. Byron Meeks Edwards County Attorney Kinsley, Kansas 67547 Dear Mr. Meeks: We have your inquiry concerning Senate Bill 750, found at ch. 257, L. 1974, which became effective July 1, 1974. More speci- fically, you ask if the fees provided for may…

July 15, 1974 Opinion No. 74- 235 Mr. John Ball, Director Kansas Real Estate Commission Room 1212 535 Kansas Topeka, Kansas 66603 Dear Mr. Ball: K.S.A. 58-3011 states thus: "Upon written notice to the commission within ten days of any change, and upon surrender of, or satisfactor…

July 15, 1974 Opinion No. 74- 234 Mr. Grey Dresie Dresie, Jorgensen & Wood 815 Union National Building Broadway and Douglas Wichita, Kansas 67202 Dear Mr. Dresie: K.S.A. 68-1103, originally enacted as ch. 80, § 3, L. 1917, commences thus: "Whenever it is necessary to construct or…

July 15, 1974 Opinion No. 74- 232 Thomas W. Stockwell Merriam City Attorney 9000 West 62nd Terrace Merriam, Kansas 66202 Dear Mr. Stockwell: You advise that when the proposition to amend section 10 of Article 15 of the Kansas Constitution was submitted at the general election hel…

July 15, 1974 Opinion No. 74- 231 H. Scott Beims Rawlins County Attorney P.O. Box 295 Atwood, Kansas 67730 Glenn D. Schiffner Thomas County Attorney P.O. Box 408 Colby, Kansas Gentlemen: You inquire whether either Rawlins or Thomas County is liable for the reasonable costs of an …

July 15, 1974 Opinion No. 74- 230 Daniel B. Denk Assistant City Attorney Legal Department of Kansas City Ninth Floor - Municipal Office Bldg. One Civic Center Plaza Kansas City, Kansas 66101 Dear Mr. Denk: You inquire concerning a proposed zoning ordinance which is being consider…

July 15, 1974 Opinion No. 74- 229 Mr. Lee Hornbaker Milford City Attorney 707 North Washington Street Junction City, Kansas 66441 Dear Mr. Hornbaker: We have your letter of June 5, enclosing both Mr. Strain's letter of June 3, and your very able reply, dated June 5. As you very c…

July 15, 1974 Opinion No. 74- 228 David P. Mikesic Assistant District Attorney Wyandotte County Courthouse 7th and Barnett Kansas City, Kansas 66101 Dear Mr. Mikesic: You advise that in 1970, there was elected a county treasurer of Wyandotte County, who took office the second Tue…

July 15, 1974 Opinion No. 74- 227 Terry Jay Solander Anderson County Attorney 413 1/2 Oak Street Garnett, Kansas 66032 Dear Mr. Solander: You inquire concerning the procedure followed by the Anderson County Hospital for payment of its employees' compensation. The procedure which …

July 15, 1974 Opinion No. 74 - 226 D. H. Corson, Jr. City Attorney of Bonner Springs 434 Brotherhood Building Kansas City, Kansas 66101 Dear Mr. Corson: K.S.A. 12-110b provides in pertinent part that "the governing body of any city of the second and third class is hereby authoriz…