Kansas Attorney General Opinions

February 22, 1974 Opinion No. 74- 70 John E. Fierro Ford County Attorney Ford County Courthouse Box 995 Dodge City, Kansas 67801 Dear Mr. Fierro: You ask for an interpretation of Section 1(a) of 1973 House Bill No. 1315, now appearing at K.S.A. 1973 Supp. 65-2891. Said section pr…

VERN MILLER Attorney General January 14, 1974 Opinion No. 74- 7 Mrs. Mary F. Hope Commissioner of Elections Shawnee County Court House Topeka, Kansas 66603 Dear Mrs. Hope: K.S.A. 24-410 states in pertinent part thus: "Within five days after any drainage district shall have been i…

February 26, 1974 Opinion No. 74- 69 Honorable Kenneth J. Winters Chairman Federal & State Affairs Committee House of Representatives State Capitol Topeka, Kansas 66612 Dear Representative Winters: You inquire, first, whether the Kansas Legislature may "con- stitutionally restric…

February 22, 1974 Opinion No. 74- 68 Gene H. Sharp Vance, Hobble, Neubauer, Nordling & Sharp Attorneys, City of Kismet P.O. Drawer 1 Liberal, Kansas 67901 Dear Mr. Sharp: You advise that the City of Kismet is considering the adoption of an ordinance permitting city authorities to…

February 22, 1974 Opinion No. 74- 67 Leighton A. Fossey Counsel, Big Sugar Creek Watershed Joint District #53 425 Main Mound City, Kansas 66056 Dear Mr. Fossey: We have your letter of February 6, 1974, posing several ques- tions concerning the conduct of elections under K.S.A. 24…

February 22, 1974 Opinion No. 74- 66 Granville M. Bush Sterling City Attorney 124 S. Broadway Lyons, Kansas 67554 Dear Mr. Bush: As city attorney for the City of Sterling, and as attorney for Unified School District No. 376, you inquire concerning K.S.A. 12-1901 et seq. You advis…

February 22, 1974 Opinion No. 74- 65 Howard M. Wilson Norton County Attorney Norton, Kansas Dear Mr. Wilson: You inquire whether a regional mental health center which is supported partially by county tax funds, federal grants and patient fees is bound by the statutory mileage lim…

February 22, 1974 Opinion No. 74- 64 Mr. Wayne A. Schwartz, President Hays Firefighters Assn., Local 2119 P.O. Box 372 Hays, Kansas 67601 Dear Mr. Schwartz: You request our opinion relative to whether a work "slow-down" could constitute a strike within the meaning of K.S.A. 1973 …

February 20, 1974 Opinion No. 74- 63 Mr. Joseph W. Zima Legal Advisor Shawnee County Sheriff's Department Courthouse Topeka, Kansas 66603 Re: K.S.A. 1973 Supp. 22-4603 Dear Mr. Zima: You have asked for our opinion as to whether the tasks or work performed within the jail by trust…

February 12, 1974 Opinion No. 74-62 Mr. Morris Moon 103 East 5th Augusta, Kansas 67010 Dear Mr. Moon: You inquire concerning K.S.A. 12-523, which states thus: "Annexation ordinances of cities shall take effect on publication as provided by law, except that any annexation ordinanc…

February 15,,1974 Opinion No. 74- 61 Mr. Charles Frickey Decatur County Attorney 106 South Pennsylvania Oberlin, Kansas 67749 RE: Abolition of requirement for corporate seal as it pertains to mortgage releases executed by domestic corporations. Dear Mr. Frickey: You have requeste…

Februar 15, 1974 Opinion No. 74- 60 Mr. James R. Strong Senior Assistant Regional Counsel U.S. Postal Service Memphis, Tennessee 38166 Dear Mr. Strong: You request our opinion relative to the requirement for regis- tration of vehicles leased to the U.S. Postal Service by private …

VERN MILLER Attorney General January 14, 1974 Opinion No. 74- 6 Mr. Virgil Hollis Suite 251, Executive Building 4121 W. 83rd Prairie Village, Kansas 66208 Dear Virgil: We have your letter of January 2, 1974, regarding the ii-censure of polygraph examiners under the provisions of …

February 15, 1974 Opinion No. 74- 59 Bert Cantwell Wyandotte County Sheriff 710 N. Seventh Kansas City, Kansas 66101 Dear Sheriff Cantwell: We have received your letter concerning the status of an ap- pointed sheriff prior to and during his attendance at the Basic Training School…

February 15, 1974 Opinion No. 74- 5 8 Mr. John Ivan Administrative Assistant Office of the Governor State Capitol Topeka, Kansas 66612 Dear Mr. Ivan: You inquire whether any conflict of interest or incompatibility exists between a position as member of the Kansas Civil Rights Com…

February' 15, 1974 Opinion No. 74- 57 James W. Putnam Madison City Attorney 14 West 6th - Box 604 Emporia, Kansas 66801 Dear Mr. Putnam: You request our opinion concerning section 14-201 of the Madison, Kansas, city code which states in pertinent part thus: "WATER RATES FOLLOWING…

February `15, 1974 Opinion No. 74-56 Honorable Fletcher Bell Secretary Kansas Judges Retirement Board State Office Building Topeka, Kansas 66612 Dear Mr. Bell: You state that Mr. Glen M. Fowler, an official court reporter, was declared disabled by the Kansas Supreme Court and pla…

February 14, 1974 Opinion No. 74- 55 Clark M. Fleming Attorney for Rural Water District #4, Neosho County Legal Building Erie, Kansas 66733 Dear Mr. Fleming: You advise that on December 6, 1971, pursuant to the authority of K.S.A. 82a-622, there was attached to Rural Water Distri…

February 13, 1974 Opinion No. 74- 54 Daniel F. Meara Assistant City Attorney One East Third Street Fort Scott, Kansas 66701 Dear Mr. Meara: As Assistant City Attorney for the City of Fort Scott, you advise that the city recently conducted a personnel study of its employees with t…

February 13, 1974 Opinion No. 74- 53 Mr. William B. Buechel Attorney at Law Law Building P.O. Box 327 Concordia, Kansas 66901 RE: Authorized tax levies under K.S.A. 12-1737 Dear Mr. Buechel: Your letter of January 30, 1974, requests an opinion from this office interpreting the ta…

February- 1, 1974 Opinion No. 74- 52 Mr. David S. Lord City Attorney 108 West Washington Arkansas City, Kansas 67005 Re: Exempt status of income earned on bonds issued under K.S.A. 1973 Supp. 12-1757, et seq.; subleasing by city under same statutes. Dear Mr. Lord: You inquire of …

February 11, 1974 Opinion No. 74- 51 Mr. David C. All Gaines and All Attorneys at Law Suite 3 Fifth Avenue Building Augusta, Kansas 67010 Dear Mr. All: You inquire concerning K.S.A. 12-3009, which states in pertinent part thus: "Any city is hereby authorized and empowered to inco…

February 11, 1974 Opinion No. 74- 5a Mr. Melvin M. Gradert City Attorney City of Burrton 809 Main Street Newton, Kansas 67114 Dear Mr. Gradert: You request our opinion whether private individuals may place mobile homes on privately owned lots. You advise that a dispute has arisen…

VERN MILLER Attorney Gen: ral g4tmu a:. :974 Opinion No 74- 5 Selby S. Soward Zuspann, Soward, Whalen & Burr Professional Building P.O. Box 549 Goodland, Kansas 67735 Re: Northwest Kansas Area Vocational-Technical School Dear Mr, Soward: In your recent letter to this office you i…

February 11, 1974 Opinion No. 74-49 The Honorable Robert B. Madden Senator, 28th District Senate Chamber Statehouse Topeka, Kansas 66612 Dear Senator Madden: You request our opinion whether the Senator Bob Madden Club is required to file reports pursuant to K.S.A. 25-901. You adv…

February 7, 1974 Opinion No. 74- 48 James W. Bibb Director of the Budget Department of Administration Statehouse Topeka, Kansas 66612 Dear Mr. Bibb: In the enactment of legislation providing for a central motor pool for state motor vehicles, there were provided restrictions upon …

February 8, 1974 Opinion No. 74- 47 Don A. Cashman Finley, Miller & Cashman P.O. Box 240 Hiawatha, Kansas 66434 Dear Mr. Cashman: K.S.A. 82a-619 provides that rural water districts organized pursuant to K.S.A. 82a-612 et seq. "shall have power to acquire loans for the financing o…

Opinion No. 74-46 Mr. W. McCaslin City Attorney Stockton, Kansas 67669 Dear Mr. McCaslin: You have requested an opinion concerning a Stockton City Ordinance which prohibits the location of a cereal malt beverage business within 325 feet of a church or school. Specifically, the qu…

February 11, 1974 Opinion No. 74- 45 Honorable Wesley H. Sowers Senator 31st District Senate Chamber State Capitol Topeka, Kansas 66612 Dear Senator Sowers: As chairman of the Senate Committee on Public Health and Welfare, and on behalf of the committee, you inquire concern- ing …

February 12, 1974 Opinion No. 74- 44 Honorable Fletcher Bell Commissioner of Insurance State Office Building Topeka, Kansas 66612 Dear Commissioner Bell: You inquire whether a title insurance company authorized to do business in this state may also do business as a licensed ab- s…

February 11, 1974 Opinion No. 74- 43 James W. Bibb Director of the Budget Department of Administration Statehouse Topeka, Kansas 66612 Dear Mr. Bibb: You advise that § 6(a) of 1974 House Bill No. 1666, an appropri- ation bill, is proposed to be amended by inserting the following …

February 7, 1974 Opinion No. 74-42 Honorable Aline Funk CountyProbate,County Otawa Juvenile Judge CountyCourthouse Otawa DearMineapolis, Kansas 67467 Judge Funk: Your letter of July 20, 1973, has been referred to me for Your letter requests an opinion regarding the payment of fee…

Opinion No. 74- 41 W. J. Fitzpatrick Attorney at Law State Board of Nursing Professional Bldg., Suite 507 Independence, Kansas 67301 Dear Mr. Fitzpatrick: You request our opinion concerning the application of K.S.A. 45-201 to files of the State Board of Nursing containing test po…

F Opinion Ng. 74 - 40 The Honorable Lynn Whiteside House of Representatives State Capitol Building Topeka, Kansas 66612 Dear Representative Whiteside: K.S.A. 25-3108 and 25-3208 provide that in enumerated in- stances in which a tie vote occurs between any two or more persons, the…

VERN MILLER Attorney General January 4, 1974 Opinion No. 74- 4 Honorable Bob W. Storey State Senator Suite 310, Columbian Title Building Topeka, Kansas 66612 Re: K.S.A. 1972 Supp. 28-820 as amended. Dear Senator Storey: This office has received a number of inquiries concerning th…

December 19, 1974 Opinion No. 74- 390 Mr. James R. Cobler, Director Division of Accounts and Reports State Capitol Topeka, Kansas 66612 RE: Payment of county solid waste disposal fees by Kansas Military Board Dear Mr. Cobler: You have requested an opinion from this office relativ…

February 5, 1974 Opinion No. 74- 39 Mr. L. 0. Bengtson Salina City Attorney P.O. Box 746 Salina, Kansas 67401 Ms. Constance M. Achterberg Assistant Saline County Attorney P.O. Box 54 Salina, Kansas 67401 Dear Counselors: You present questions concerning the validity of an interlo…

December 16, 1974 Opinion No. 74-389 Mr. Robert R. Raines, Secretary Department of Corrections 11th floor, State Office Building Topeka, Kansas 66612 Attention: Bernard J. Dunn Legal Counsel Dear Secretary Raines: You inquire concerning the granting of presentence credit pursuant…

December 10, 1974 Opinion No. 74- 388 Dr. C. Taylor Whittier Commissioner of Education State Department of Education 120 East 10th Street Topeka, Kansas 66612 Dear Commissioner Whittier: You pose the following question: "If a community junior college contracts with a vocational-t…

December 9, 1974 Opinion No. 74- 387 Mr. Max Bickford Executive Officer Kansas Board of Regents Suite 1416, Merchants National Bank Topeka, Kansas 66612 Dear Mr. Bickford: You advise that a question has been raised concerning the constitutional validity of a provision found in a …

December 1974 Opinion No. 74-336 The Honorable Richard C. "Pete" Loux House Minority Leader House of Representatives Statehouse Topeka, Kansas 66612 Dear Representative Loux: You inquire whether my opinion of September 13, 1972, addressed to Mr. Max Bickford, Executive Officer of…

December 6, 1974 Opinion No. 74-385 Mr. David S. Knudson Saline County Attorney City-County Building 300 West Ash Salina, Kansas 67401 Re: K.S.A. 1973 Supp. 59-2917 Dear Mr. Knudson: This will acknowledge receipt of your letter requesting an opinion as to the duty of the county a…

December 6, 1974 Opinion No. 74- 384 Mr. Granville M. Bush Attorney at Law Lyons, Kansas 67554 Dear Mr. Bush: As attorney for the City of Sterling, Kansas, you state you have been requested to join with the County Attorney of Rice County, in the formulation of a contract between …

December 5, 1974 Opinion No. 74- 383 Mr. Gordon Davis, Jr. Dickinson County Attorney Sunflower Building Abilene, Kansas 67410 RE: K.S.A. 79-306c Dear Mr. Davis: You have requested an opinion from this office relative to certain actions by the Dickinson County Treasurer and Board …

December 3, 1974 Opinion No. 74- 382 Mr. Lawrence H. Litson Gove County Attorney Gove, Kansas 67736 Dear Mr. Litson: You advise that your Probate Judge has raised some question whether ch. 361, § 53, L. 1974, affects the additional compensation which probate judges in counties wi…

December , 1974 Opinion No. 74- 381 Mr. James J. Smith City Attorney 610 Bridge Street Humboldt, Kansas 66748 Dear Mr. Smith: You advise that the City of Humboldt has recently completed the various steps required by K.S.A. 1973 Supp. 12-708 for the adoption of a new zoning ordina…

December 4, 1974 Opinion No. 74 - 380 Dr. C. Taylor Whittier Commissioner of Education Department of Education 120 East 10th Street Topeka, Kansas 66612 Dear Commissioner Whittier: K.S.A. 72-933, as amended by ch. 290, § 7, L. 1974, provides thus in pertinent part: "The board of …

- O'ninionOpinion 38 .onorablHonorable M. Buck, Jr. Il•preseRepresentativesecond District House of Representatives State Capitol Topeka, Kansas 66612 Dear Representative Buck: You inquire whether K.S.A. 1973 Supp. 12-1914 authorizes the City of Topeka to combine its park departme…

November 27, 1974 Opinion No. 74-379 Mr. Lawrence 0. Barry Special Attorney Kansas State Insurance Department State Office Building, First Floor Topeka, Kansas 66612 Dear Mr. Barry: You inquire whether Blue Cross - Blue Shield and fraternal benefit societies are subject to the re…

November 26, 1974 Opinion No. 74- 378 Mr. Robert D. Loughbom, Attorney Board of Healing Arts 292 New Brotherhood Building Kansas City, Kansas 66101 Dear Mr. Loughbom: As counsel for the Kansas State Board of Healing Arts, you inquire whether any person may engage in the practice …