Kansas Attorney General Opinions

November 26, 1974 Opinion No. 74- 377 Mr. John Thomas Reid City Attorney 127 East 7th Street Newton, Kansas 67114 Dear Mr. Reid: K.S.A. 15-809 provides in pertinent part thus: "Provided, That no such sale shall be made until the proposition shall have been submitted to a vote of …

November 15, 1974 Opinion No. 74-32_6 Mr. William P. Timmerman Attorney at Law Suite 208, Woodlawn Central Bldg. 400 North Woodlawn Wichita, Kansas 67208 RE: K.S.A. 10-1201, et seq. DearMr.Timerman: You request from this office an opinion relative to the financing of certain item…

November 25, 1974 Opinion No. 74- 375 B. E. Whalen Sherman County Attorney Sherman County Courthouse Goodland, Kansas 67735 Dear Mr. Whalen: I regret the extreme delay in responding to your inquiry earlier this year concerning handling of certain funds to be received by the North…

November 25, 1974 Opinion No. 74- 374 Mr. Richard A. Euson Dresie, Jorgensen & Wood 815 Union National Building Broadway & Douglas Wichita, Kansas 67202 Dear Mr. Euson: I regret the delay in responding to your letter of August 13. I hope this belated reply will, despite the lapse…

November 25, 1974 Opinion No. 74- 373 Mr. John E. Bremer, Attorney Medicalodges, Inc. P.0. Box 574 Coffeyville, Kansas 67337 Dear Mr. Bremer: You inquire concerning the application of K.S.A. 9-1402 and 9-1603 to the investment of certain industrial revenue bond proceeds. The inve…

November 25, 1974 Opinion No. 74- 372 The Honorable Carl O'Leary State Bank Commissioner State Department of Banking 818 Kansas Avenue, Suite 600 Topeka, Kansas 66612 Dear Commissioner O'Leary: K.S.A. 9-1405 states in pertinent part thus: "All bonds and securities pledged to secu…

November 25, 1974 Opinion No. 74- 371 Mr. John W. Henderson, Chairman Governmental Ethics Commission State House Topeka, Kansas 66612 Dear Chairman Henderson: Section 7(a), ch. 353, L. 1974, states thus: "'State officer or employee' means (1) any individual who is an elected or a…

November 21, 1974 Opinion No. 74- 370 Mr. Les Jayne, Executive Director Flint Hills Regional Planning Commission Strong City, Kansas 66869 Dear Mr. Jayne: We have your letter of November 9, addressed to the Quad-County Bus Committee, and all county commissioners of Chase, Lyon, M…

VET:\ MILLER February Opinion No. 74- 37 John L. Bingham Legal Advisor to the Governor Office of the Governor State Capitol Topeka, Kansas 66612 Dear Mr. Bingham: You inquire whether "the procedure outlined in Section 6, Article 1 of the Kansas Constitution [may] be utilized to r…

November 25, 1974 Opinion No. 74-369 Board of County Commissioners Rawlins County Atwood, Kansas 67730 Gentlemen: You inquire whether moneys remaining in the county welfare fund may be used to aid in construction of a county home for the aged. This question is prompted by our Opi…

November 25 1974 Opinion No. 74-368 The Honorable Ansel Tobias Representative 106th District Box 699 Lyons, Kansas 67554 Dear Representative Tobias: You inquire whether one who practices a recognized branch of the healing arts, which is not specifically described in the Kansas He…

November 21, 1974 Opinion No. 74- 367 Mr. Tracy D. Klinginsmith Jackson County Attorney Jackson County Courthouse Holton, Kansas 66436 Dear Mr. Klinginsmith: You inquire concerning the legal effect of certain marks on certain ballots cast in the recent general election. First, yo…

November 15, 1974 Opinion No. 74- 366 Mr. Douglas S. Brunson Kiowa County Attorney Courthouse Greensburg, Kansas 67054 Dear Mr. Brunson: This will acknowledge receipt of your opinion request of November 7, 1974. You pose two questions, inquiring: 1. Who specifically is required t…

November 15, 1974 Opinion No. 74- 365 The Honorable Robert R. Raines Secretary of Corrections State Office Building, 11th Floor Topeka, Kansas 66612 Attention: Mr. Bernard J. Dunn Legal Counsel Dear Secretary Raines: You inquire, first, whether the "Secretary of Corrections [may]…

November 15, 1974 Opinion No. 74-364 The Honorable Carl O'Leary State Bank Commissioner Suite 600, 818 Kansas Avenue Topeka, Kansas 66603 Dear Commissioner O'Leary: You inquire whether the opening of new accounts is permitted at a detached auxiliary banking services facility. K.S…

November 14, 1974 Opinion No. 74- 363 Mr. Max 0. Heim Superintendent, USD 308 P. O. Box 1606 Hutchinson, Kansas 67501 Dear Superintendent Heim: You inquire concerning two organizations established among the students in your high schools, being the Fellowship of Christian Athletes…

November 11, 1974 Opinion No. 74-362 Mr. Donn J. Everett, Attorney Everett and Seaton Post Office Box 816 Manhattan, Kansas 66502 Dear Mr. Everett: You inquire whether the City of Manhattan may divest the Urban Renewal Agency of that city of its powers, and vest the exercise of t…

November 13, 1974 Opinion No. 74-361 Mr. James R. Cobler, Director Division of Accounts & Reports Department of Administration Second Floor, Statehouse Topeka, Kansas 66612 Dear Mr. Cobler: You request our opinion upon a question arising pursuant to our Opinion no. 74-80, dated M…

November 13, 1974 Opinion No. 74 - 360 Mr. Robert F. Stover McPherson City Attorney Box 732 McPherson, Kansas 67460 Dear Mr. Stover: You inquire whether the City of McPherson and McPherson County may, in a joint undertaking, participate in a project for the building of roads and …

General C, 1 74 Opinion No. 74- 36 Honorable Don Christy ,enatorSenatory-Ninth District Senate Chamber Topeka, Kansas 66612 Dear Senator Christy: You inquire concerning section 31 of 1974 House Bill 1725, which states in pertinent part thus: "No legislator shall participate, by v…

November 11, 1974 Opinion No. 74-359 Mr. Fletcher Bell, Secretary Kansas Judges Retirement Board State Office Building Topeka, Kansas 66612 Dear Mr. Bell: You inquire whether the provisions of Senate Bill 938 (Chapter 142 L. 74) will in some instances result in a reduction of ret…

November 7, 1974 Opinion No. 74- 358 Mr. Lawrence H. Litson Gove County Attorney Gove, Kansas 67736 Dear Mr. Litson: Having reviewed Opinion no. 73-289, you pose two questions concerning requirements applicable to the county solid waste management plan. You ask whether it is mand…

November 4, 1974 Opinion No. 74-357 Mr. J. F. Soest Chief Attorney Veterans' Administration Center 5500 East Kellogg Wichita, Kansas 67218 Dear Mr. Soest: You have written this office requesting our opinion as to what procedure should be followed by the Administrator of Veterans'…

November 8, 1974 Opinion No. 74- 356 The Honorable Fred L. Weaver State Representative-First District Cherokee County R. R. No. 1 Baxter Springs, Kansas Dear Representative Weaver: You inquire concerning the potential liability of the State of Kansas under Article VI, "Mutual Aid…

November 8, 1974 Opinion No. 74-355 Mr. Lowell Long State Director of Personnel Division of Personnel 801 Harrison Street Topeka, Kansas 66612 Dear Mr. Long: You inquire whether the Division of Personnel "may restrict the certification of eligibles on the eligible list for the cl…

November 7, 1974 Opinion No. 74- 354 Mr. Lowell F. Hahn Phillips County Attorney Phillipsburg, Kansas 67661 Dear Mr. Hahn: You advise that the question has been raised by the county judge of Phillips County whether she may lawfully appoint the deputy of another elected county off…

November , 1974 Opinion No. 74- 353 Mr. Henri Fournier Executive Director State Board of Cosmetology 630 Kansas Avenue Topeka, Kansas 66603 Dear Mr. Fournier: You inquire concerning the licensure of beauty shops within hospitals, nursing homes and rest homes. K.S.A. 39-938 states…

November 5, 1974 Opinion No. 74-352 The Honorable Wallace M. Buck, Jr. 4008 Stratford Road Topeka, Kansas 66604 Dear Representative Buck: We have your letters of October 11, requesting review of Opinion No. 74-38 in view of the additional facts you have supplied. In that opinion,…

October 31, 1974 Dr. Lyman S. Johnson President of the Board Kansans For Life At Its Best! 218 1/2 West Sixth Street Topeka, Kansas 66603 Dear Doctor Lyman: We have your letter of October 23, 1974. You correctly note that non-lottery "bingo" itself is not illegal. It is illegal o…

October 23, 1974 Opinion No. 74- 350 Mr. H. R. Howe, Superintendent West Elk Unified School District 282 P. O. Box 355 Howard, Kansas 67349 Dear Superintendent Howe: You pose several questions concerning the relationship of the county health nurse to the unified school district. …

VERN MI LLER Attorney General February 1, L27 ,1 Opinion No. 74 - 35 The Honorable F. W. Rosenau HouseofRepresentatives State Capitol Building Topeka, Kansas (56612 Dear Representative Rosenau: You enclose a letter from Don Martin, the City Attorney of Kansas City, Kansas, addres…

October 24, 1974 Opinion No. 74- 349 Mr. James R. Cobler, Director Accounts and Reports Division Second Floor, Capitol Topeka, Kansas 66612 Dear Mr. Cobler: The question has been raised whether K.S.A. 46-132 prohibits the appointment of Mr. E. A. Rensmeyer, who was elected in 197…

October 24, 1974 Opinion No. 74-348 Mr. Gerald C. Golden County Attorney P. 0. Box "R" Meade, Kansas 67864 Dear Mr. Golden: We have your letter of October 22. I enclose copies of three opinions, each of which deal in some fashion with the sufficiency of write-in names. Generally …

October 17, 1974 Opinion No. 74- 347 Mr. E. Keith Beard Wilson & Beard 148 N. Fowler Meade, Kansas 67864 Dear Mr. Beard: We have received your letter with its questions pertinent to the Meade County Fair Association. K.S.A. 2-131b provides in part: "The board of county commission…

October 17, 1974 Opinion No. 74- 346 Mr. Tom R. Smith Assistant County Attorney Seward County 415 N. Washington Liberal, Kansas 67901 Dear Mr. Smith: You inquire concerning the continuing validity of the voter registration of an individual who was a validly re- gistered voter dur…

October 16, 1974 Opinion NO. 74-345 Mr. Lee B. Connell Consumer Credit Commissioner 535 Kansas Avenue Topeka, Kansas 66603 Dear Mr. Connell: This office is in receipt of your letter of May 9, 1974, wherein you request an opinion of the legality of an arbitration agree- ment which…

October 18, 1974 Opinion No. 74-344 Mr. S. J. Reda Warehouse Division Grain Inspection Department 801 Harrison Topeka, Kansas 66612 Dear Mr. Reda: You inquire whether monies derived from charges to ware- housemen for amending a license, e.g., name change or the like, would consti…

October 15, 1974 Opinion No. 74- 341 Mr. Phillip M. Fromme Coffey County Attorney 100 North 3rd Burlington, Kansas 66839 Dear Mr. Fromme: This will acknowledge receipt of your opinion request of October 4, 1974. You advise us of the following facts. On August 7, 1974, immediately…

October 15, 1974 Opinion No. 74- 342 Mr. Ron Svaty P. 0. Box 83 Ellsworth, Kansas 67439 Dear Mr. Svaty: You inquire whether a person who has been a township officer may continue to serve in that capacity when that person moves out of the township. K.S.A. 80-202 states thus: "Ever…

October 15, 1974 Opinion, No. 74-341 Mr. Max Bickford, Executive Officer Board of Regents-State of Kansas Suite 1416, Merchants National Bank Tower Topeka, Kansas 66612 Dear Mr. Bickford: You advise that on September 20, 1974, the Board of Regents adopted the following minute: "I…

October 15, 1974 Opinion No. 74- 340 Mr. Keith B. Mueller Superintendent, USD 378 Riley, Kansas 66531 Dear Mr. Mueller: We have received your letter concerning the legal status of payment of sick leave benefits to an employee for time off during a normal pregnancy. You did not sp…

VERN MILLER Attorney General Opinion No. 74- 34 January 31, 1974 The Honorable Dan Thiessen House of Representatives State Capitol Building Topeka, Kansas 66612 Re: Opinion Request: House Bill No. 1450 Dear Representative Thiessen: K.S.A. 79-503 provides a definition for the term…

October 11, 1974 Opinion No. 74- 339 The Honorable David P. Mikesic Representative, 36th District 3116 West Barker Circle Kansas City, Kansas 66104 Dear Representative Mikesic: You advise that the sheriff of Wyandotte County has requested that the board of county commissioners ta…

October 11, 1974 Opinion No. 74- 338 Charles E. Sims State Librarian Kansas State Library 535 Kansas, 4th Floor Topeka, Kansas 66612 Dear Mr. Sims: Section 1, ch. 382, L. 1974, provides in pertinent part concerning the distribution of monies in the grant-in-aid to libraries fund:…

October 11, 1974 Opinion No. 74- 337 Barry A. Bennington Stafford County Attorney Office of County Attorney St. John, Kansas 67576 Dear Mr. Bennington: You advise that in Stafford County, there are no persons nominated as candidates for election to the office of County Attorney, …

October 10, 1974 Opinion No. 74- 336 Mr. John H. Taylor County Attorney Geary County Courthouse Junction City, Kansas 66441 Dear Mr. Taylor: This will acknowledge receipt of your opinion request of September 27, 1974. You ask whether K.S.A. 45-201 requires that complaints and aff…

October 9, 1974 Opinion No. 74- 335 Mr. Robert C. Londerholm Special Attorney P. O. Box 1 Olathe, Kansas 66061 Dear Mr. Londerholm: You inquire concerning airport zoning powers which may be exercised by the Johnson County Airport Commission, which operates a single-runway airport…

October 8, 1974 Opinion No. 74- 334 Mr. William A. Taylor, III Attorney at Law First National Bank Building Winfield, Kansas 67156 Dear Mr. Taylor: You advise that the County Commissioners of Cowley County are considering the establishment of a juvenile detention home or juvenile…

October 8, 1974 Opinion No. 74-333 The Honorable John W. Carlin Representative Seventy-Third District Saline & McPherson Counties Smolan, Kansas 67479 Dear Representative Carlin: You inquire concerning the "constitutionality of having an address follow a candidate's name on the b…

October 8, 1974 Opinion No. 332 Mr. Jerry M. Smetana City Attorney P. 0. Box 205 Plainville, Kansas 67663 Dear Mr. Smetana: You enclose a copy of Ordinance No. G-16, recently adopted by the City of Plainville, providing for the systematic collection and disposition of refuse. Sec…