Kansas Attorney General Opinions

March 13, 1975 Opinion No. 75- 115 The Honorable Robert F. Bennett Governor of Kansas 2nd Floor - State Capitol Building Topeka, Kansas 66612 Dear Bob: I have your letter of March 10 past. I enclose a copy of my recent opinion to Paul and Sharon Hess, concerning their residence i…

March 11, 1975 Opinion No. 75- 114 Mr. Patrick J. Reardon Leavenworth County Attorney Leavenworth County Courthouse Leavenworth, Kansas 66048 Dear Mr. Reardon: K.S.A. 59-216(a) provides that in Leavenworth County, with a population of approximately 49,000, the probate judge shall…

March 12, 1975 Opinion No. 75-113 Honorable Wesley H. Sowers Senator, 31st District The Statehouse Topeka, Kansas Dear Senator Sowers: This is to acknowledge receipt of your letter dated February 24, 1975, relative to medical malpractice coverage for WSU branch medical students. …

March 11, 1975 Opinion No. 75- 112 Mr. Steven W. Rogers Attorney for U.S.D. #484 731 Madison Fredonia, Kansas 66736 Dear Mr. Rogers: We have received your inquiry concerning the inclusion of an elevator in the plans for remodeling the high school. Specifically you ask if the stat…

March 11, 1975 Opinion No. 75- 111 Mr. Louis J. Krueger, Director Division of Architectural Services Department of Administration 12th Floor - State Office Building Topeka, Kansas 66612 Attn: Mr. Charles Beardmore Dear Mr. Krueger: Mr. Beardmore, as secretary of the Mobile Home a…

March 11, 1975 Opinion No. 75-110 Mr. Larry D. Ehrlich Russell County Attorney Russell County Courthouse Russell, Kansas 67665 Dear Mr. Ehrlich: We have your letter of March 6. I enclose a copy of a recent opinion of the Attorney General, No. 75-43, and a copy of an earlier opini…

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…

March 11, 1975 Opinion No. 75- 109 Mr. Ronald F. Loewen Kansas Credit Union Council Post Office Box 1010 1500 North West Street Wichita, Kansas 67201 Dear Mr. Loewen: On behalf of Mr. Robert Arnold, administrator of the Kansas Credit Union Council, you request our opinion concern…

March 10, 1975 Opinion No. 75- 108 Mr. Paul E. Miller Riley County Attorney Riley County Courthouse Manhattan, Kansas 66502 Dear Mr. Miller: You inquire whether the official duties of either yourself, as county attorney of Riley County, or of the county counselor include the furn…

March 10,1975 Opinion No. 75-107 Robert R. Raines Secretary of Corrections 5th Floor, KPL Towers 818 Kansas Avenue Topeka, Kansas Dear Mr. Raines: Your recent letter raises several questions concerning the scope and effect of the expungement statutes, K.S.A. 21-4616 and -4617, pr…

March 10, 1975 Opinion No. 75-106 Mr. James N. Cole Chief Investigator Johnson County Courthouse Olathe, Kansas 66061 Dear Mr. Cole: You requested an opinion from this office concerning the inter- pretation of K.S.A. 58-2265. More precisely, you questioned in light of the above s…

March 5, 1975 Opinion No. 75- 105 Mr. Philip E. Winter Assistant County Attorney Lyon County Courthouse *Emporia, Kansas 66801 Dear Mr. Winter: You have inquired whether K.S.A. 22-3405 or any other statutory or constitional provision mandates the presence of a defendant during a …

March 10, 1975 Opinion No. 75-104 Mr. Gaylord I. Maples Attorney at Law 215 North Walnut Peabody, Kansas 66866 Dear Mr. Maples: K.S.A. 82a-614, concerning the organization of a rural water district thereunder, prescribes in pertinent part thus: "A petition addressed to the board …

March 7, 1975 Opinion No. 75- 103 Mr. Robert W. Manske Woodson County Attorney Post Office Box 100 Yates Center, Kansas 66783 Dear Mr. Manske: You advise that the clerk of the District Court of Woodson County, Kansas, is employed on a part-time basis as dispatcher by the Woodson …

March 7, 1975 Opinion No. 75- 102 Colonel Allen Rush Superintendent Kansas Highway Patrol State Office Building Topeka, Kansas 66612 Dear Colonel Rush: K.S.A. 1974 Supp. 8-2107 provides that under certain circumstances, an officer who has halted any person for any violation speci…

March 5, 1975 Opinion No. 75- 101 Mr. Keith Sanborn District Attorney Sedgwick County Courthouse 525 North Main Street Wichita, Kansas 67203 Dear Mr. Sanborn: Thank you for your opinion draft of February 26, 1975, addressed to Mr. Byron Kenyon, concerning the application of the t…

March 10, 1975 Opinion No, 75- 100 Senator Jack Janssen State of Kansas Box 626 Lyons, Kansas 67554 Dear Senator Janssen:- You inquire concerning 1975 Senate Bill No. 203, section 1 of which provides thus: "From and after the effective date of this act_, any individual, corporati…

January 6, 1975 Opinion 75- 10 The Honorable C. Taylor Whittier Commissioner of Education State Department of Education 120 East 10th Street Topeka, Kansas 66612 Dear Commissioner Whittier: You inquire concerning the investment of idle. funds of unified school districts in state …

VERN MILLER Attorney General January 6, 1975 Opinion No. 75-1 Mr. James R. Cobler Director, Division of Accounts & Reports Department of Administration Statehouse Topeka, Kansas 66612 Dear Mr. Cobler: Mr. Franklin Theis, chief attorney for the Department of Administration, has re…

March 26, 1974 Opinion No. 74- 99 Elmer F. Anderson, Chairman Board of Dickinson County Commissioners Dickinson County Courthouse Abilene, Kansas 67410 Dear Mr. Anderson: We have your letter of February 26, 1974. You inquire concern- ing a portion of K.S.A. 28-820, which states t…

March 18, 1974 Opinion No. 74-98 Mr. Matthew J. Dowd, Esq. County Counselor, Shawnee County 115 East 7th Street Topeka, Kansas 66603 RE: K.S.A. 1973 Supp. 79-2017, 2018 and 2019. Dear Mr. Dowd: You have requested an opinion from this office interpreting the provisions of K.S.A. 1…

March 22, 1974 Opinion No. 74- 97 Firman G. Gladow Lyons City Attorney 114 East Ave. South Lyons, Kansas 67554 Dear Mr. Gladow: You inquire concerning the legal effect of certain proceedings of the City of Lyons, begun in 1948 pursuant to G.S. 1935 12-635 et seq. That section pro…

March 21, 1974 Opinion No. 74- 96 Kenton C. Granger Anderson, Granger, Nagels & Lastelic Capitol Federal Building Suite 306, 95th and Nall Overland Park, Kansas 66207 Dear Mr. Granger: We have your letter of March 7, concerning a proposed contract between Mission Fire District No…

March 20, 1974 Opinion No. 74- 95 Carl O'Leary State Bank Commissioner Suite 600 818 Kansas Avenue Topeka, Kansas Dear Commissioner O'Leary: You have forwarded to this office a request for our opinion concerning "on what basis the interest is to be computed on public funds under …

March 21, 1974 Opinion No. 74-94 Mr. John Dekker Director of Law Office of the City Attorney Suite 600 City Building Annex Wichita, Kansas 67202 Dear Mr. Dekker: Please excuse my long delay in responding to your letter of October 23, 1973. You inquire whether the Health Planning …

March 14, 1974 Opinion No. 74- 93 Honorable Charles Laird State Representative Suite 800 First National Bank Tower Topeka, Kansas 66603 Dear Representative Laird: You inquire concerning the legality of certain kinds of ex- penditures made or proposed to be made by boards of educa…

March 13, 1974 Opinion No. 74- 92 Honorable Kenneth J. Winters Chairman, Federal and State Affairs Committee House of Representatives State Capitol Topeka, Kansas 66612 Dear Representative Winters: You request my opinion "on what seems to be an inconsistency of regula- tion of ce…

March 13, 1974 Opinion No. 74- 91 Mr. Edgar Langsdorf Deputy Director Kansas State Historical Society 10th and Jackson Streets Topeka, Kansas 66612 Dear Mr. Langsdorf: You request our opinion relative to whether the Johnson County sewer maintenance tax on Shawnee Mission State Pa…

March 12, 1974 Opinion No. 74- 90 Henry Schwaller Secretary of Administration State Capitol Topeka, Kansas 66612 Dear Mr. Schwaller: I have a copy of your letter of February 18, 1974, addressed to Mr. Max Bickford, Executive Officer of the State Board of Regents. By copy directed…

VERN MILLER Attorney General January 14, 1974 Opinion No. 74- 9 Mr. John C. Johnson Attorney at Law 109 East Grand Hillsboro, Kansas 67063 Re: Fee for School Transportation Dear Mr. Johnson: This office concurs with the opinion you expressed to the superintendent of Unified Schoo…

March 13, 1974 Opinion No. 74- 89 James R. Cobler, Director Division of Accounts and Reports Department of Administration State Capitol Topeka, Kansas 66612 Dear Mr. Cobler: Ch. 106, § 1(a), L. 1973, now found at K.S.A. 20-2801, states thus: "Notwithstanding any other provision o…

March 12, 1974 Opinion No. 74- 881 Mr. Robert Reeder Attorney at Law Reeder Building Troy, Kansas Dear Mr. Reeder: As counsel for the Elwood-Gladden Drainage District in Doniphan County, you inquire concerning the qualifications for electors established by K.S.A. 24-410, which st…

March 13, 1974 Opinion No. 74- 87 J. Byron Meeks Edwards County Attorney P.O. Box 228 Kinsley, Kansas 67547 Dear Mr. Meeks: You advise that the chairman of the Board of County Commissioners of Edwards County is a stockholder and member of the board of directors of the Home State …

March 12, 1974 Opinion No. 74- 86 Mr. Richard Camp Cowley County Attorney Cowley County Courthouse Winfield, Kansas 67156 Dear Mr. Camp: In 1971, you requested my opinion whether liquor might be sold during a bond election. K.S.A. 41-712 forbids the sale at re- tail of any alcoho…

March 12, 1974 Opinion No. 74- 85 C. C. "Kirk" Hammer Director Food Service & Lodging Board 801 Harrison Topeka, Kansas 66612 Dear Mr. Hammer: K.S.A. 36-106 prescribes that "[a] duplicate license shall be issued to any otherwise qualified licensee upon notice of the loss thereof …

March 12, 1974 Opinion No. 74- 84 C. F. Howe Assistant Administrator Kansas State Dept. of Credit Unions 234 Kansas Avenue Topeka, Kansas 66603 Dear Mr. Howe: You state that a member of the Credit Union Council, created pursuant to K.S.A. Supp. 17-2232, was appointed to fill an u…

March 12, 1974 Opinion No. 74- 83 B. E. Whalen Sherman County Attorney Sherman County Courthouse Goodland, Kansas Dear Mr. Whalen: You advise that the county commissioners of Sherman County, Kansas, have received a statement from the county commissioners of Kit Carson County, Col…

March 8, 1974 Opinion No. 74-8 2 John V. Black Attorney at Law 306 South Oak Pratt, Kansas 67124 Dear Mr. Black: You advise that in June, 1973, a board of education in your jurisdiction extended the contract of the superintendent of schools, then to expire on July 1, 1974, for on…

March 8, 1974 Opinion No. 74-81 Ms. Helen Leuszler Register of Deeds Osage County Courthouse Lyndon, Kansas 66451 Dear Ms. Leuszler: You request our opinion concerning the proper charge for re- cording a deed and a consent. K.S.A. 1972 Supp. 28-115 prescribes the fees to be charg…

March 8, 1974 Opinion No. 74- 80 Bernis G. Terry Attorney at Law P.O. Box 745 Olathe, Kansas 66061 Dear Mr. Terry: You submit the proposed draft of an ordinance providing for the cooperative establishment of an animal control commission by cities in Johnson County, Kansas. The pr…

VERN MILLER Attorney General January 14, 1974 Opinion No. 74- 8 Dan E. Turner Topeka City Attorney Municipal Building 215 East 7th Street Topeka, Kansas 66603 Dear Mr. Turner: You advise that a question has been raised as to whether a political subdivision and more specifically, …

March 8, 1974 Opinion No. 74- 79 Sherman A. Parks, Attorney Office of Secretary of State State Capitol Topeka, Kansas 66612 Dear Mr. Parks: Section 4(a) of ch. 54, L. 1972, as amended by section 2 of ch. 55, L. 1972, effective July 1, 1972, and now found at K.S.A. 17-7504, states…

March 8, 1974 Opinion No. 74- 7s Frank L. Johnson Chief Attorney Legal Department State Highway Commission State Office Building Topeka, Kansas 66612 Dear Mr. Johnson: You inquire concerning K.S.A. 68-411 which states thus: "The state highway commission shall make partial payment…

h7,1974 c Opinion No. 74- 77 Mr. C. Fred Lorentz, Esq. Wilson County Attorney 430 North 7th Fredonia, Kansas 66736 RE: Opinion request for definition of "contiguous land" and "tract of land" (K.S.A. 82a-405 and K.S.A. 1973 Supp. 82a-409) Dear Mr. Lorentz: You have requested from …

March 5, 1974 Opinion No. 74- 76 Mr. Alvin Bauman Nemaha County Clerk Nemaha County Courthouse Seneca, Kansas 66538 Dear Mr. Bauman: You inquire whether voter registration records are open to public inspection under K.S.A. 45-206, or whether access to these records is limited to …

March 4, 1974 Opinion No. 74- 75 Mr. Barry L. Arbuckle Assistant District Attorney Office of the District Attorney 18th Judicial District Sedgwick County Courthouse 525 North Main Wichita, Kansas 67203 Dear Mr. Arbuckle: In your letter of October 10, 1973, you inquire whether the…

March 5, 1974 Opinion No. 74-74 The Honorable T. D. Saar, Jr. State Senator, 13th District State Capitol Building Topeka, Kansas Dear Senator Saar: You request an interpretation of K.S.A. 1973 Supp. 75-1215 and K.S.A. 1973 Supp. 75-1220(b). This letter will only answer your reque…

March 1, 1974 Opinion No. 74-73 Honorable Robert F. Bennett President, Kansas Senate State Capitol Topeka, Kansas 66612 Honorable Duane S. McGill Speaker, House of Representatives State Capitol Topeka, Kansas 66612 Gentlemen: You advise that Governor Docking has furnished three e…

February 22, 1974 Opinion No. 74- 72 Honorable T. D. Saar, Jr. State Senator State Capitol Topeka, Kansas 66612 Dear Senator Saar: You advise that several recent instances may have occurred in which rail carriers operating within the State of Kansas have unilaterally made changes…

February 22, 1974 Opinion No. 74- 71 Roy S. Bennett, Jr. City Attorney of Lake Quivira P.O. Box 3205 Shawnee, Kansas 66203 Dear Mr. Bennett: You inquire whether the City of Lake Quivira may lease a pick-up truck owned by the City and purchased for road maintenance, to a private c…