Kansas Attorney General Opinions

April 10, 1974 Opinion No. 74- 118 Honorable Randall Palmer Representative Third District 802 S. Catalpa Pittsburg, Kansas 66762 Dear Representative Palmer: You inquire whether under K.S.A. 68-2301, "the Kansas Highway Commission has authority to build toll roads as express highw…

April 10, 1974 Opinion No. 74- 117 Mr. Allen Shelton Graham County Attorney Hill City, Kansas 67642 Dear Mr. Shelton: You advise that the Graham County Hospital Board recently entered into a lease agreement for a medical clinic, under K.S.A. 19-18,117 and -18,118. A sufficient pe…

April 10, 1974 Opinion No. 74- 116 Randall W. Weller Jones and Weller 419 North Pomeroy Hill City, Kansas 67642 Dear Mr. Weller: You advise that on Monday, March 25, 1974, the city council of Hill City has before it a bond ordinance, which was approved by a vote of four council m…

April 10, 1974 Opinion No. 74- 114 Clyde P. Daniel City Attorney P.O. Box 499 Garden City, Kansas 67846 Dear Mr. Daniel: You advise that several years ago, in an attempt to resolve a local lack of ambulance service, the governing bodies of Finney County and Garden City entered in…

April 10, 1974 Opinion No. 74- 113 Mr. Dean Burkhead Attorney at Law P.O. Box -B Lawrence, Kansas 66044 Dear Mr. Burkhead: As counsel for Rural Water District No. 5 of Douglas County, Kansas, you advise that the district was recently organized, and proposes to enter into a contra…

April 4, 1974 Opinion No. 74- 121 Mr. D. H. Corson, Jr. Attorney at Law 434 Brotherhood Building Kansas City, Kansas 66101 Dear Mr. Corson: As City Attorney for the City of Bonner Springs you request our opinion relative to the legality of an ordinance establishing a procedure fo…

April 2, 1974 Opinion No. 74- 112 Mr. Thomas W. Stockwell City Attorney City of Merriam 9000 West 62nd Terrace Merriam, Kansas 66202 Dear Mr. Stockwell: We have your letter of March 1, 1974. You request our opinion relative to whether the city governing body may exercise its dis-…

March 29, 1974 Opinion No. 74- 111 Douglas G. Simms Republic County Attorney Peoples National Bank Building Belleville, Kansas 66935 Dear Mr. Simms: You advise that the Republic County Board of County Commis- sioners is preparing to acquire real estate for the disposal of refuse …

March 29, 1974 Opinion No. 74- 110 Bruce H. Wingerd Clay County Attorney Clay County Courthouse Clay Center, Kansas 67432 Dear Mr. Wingerd: We have your request concerning the necessity for certification of the sheriff under the Law Enforcement Training Center law. K.S.A. 1973 Su…

March 29, 1974 Opinion No. 74-109 William A. Taylor, III , CowleyCountyCounselor P.O. Box 731 Winfield, Kansas 67156 Dear Mr. Taylor: K.S.A. 28-818 authorizes the board of county commissioners to fix and allow additional compensation for the register of deeds in any county in whi…

March 29, 1974 Opinion No. 74- 108 Vernon D. Grassie Crawford County Attorney P.O. Box 34 Girard, Kansas 66743 Dear Mr. Grassie: We have received your inquiry concerning the establishment of wages for county employees. We would also like to note the citations which were furnished…

March 29, 1974 Opinion No. 74-107 Gaylord I. Maples Marion County Attorney' P.O. Box 126 Marion, Kansas 66861 Dear Mr. Maples: We have your request relative to the respective duties of the county and township boards for the care and maintenance of abandoned cemeteries. You questi…

March 28, 1974 Opinion No. 74 - 106 Mr. Gaylord I. Maples Marion County Attorney P. 0. Box 126 Marion, Kansas 66861 RE: K.S.A. 1973 Supp. 8-173 Dear Mr. Maples: You have requested an opinion from this office regarding the statutory authority whereby a county treasurer may refuse …

March 28, 1974 Opinion No. 74- 105 Frank L. Johnson Chief Attorney Legal Department State Highway Commission State Office Building Topeka, Kansas 66612 Dear Mr. Johnson: You inquire whether K.S.A. 68-2240 authorizes the State Highway Commission to declare illegal, noncompensable …

March 28, 1974 Opinion No. 74- 104 Honorable Tom R. Van Sickle State Treasurer State Capitol Topeka, Kansas 66612 ATT: Donald E. DeShazer Dear Mr. Van Sickle: K.S.A. 75-4218 states in pertinent part thus: "(a) All state bank accounts shall be secured by pledge of securities as pr…

March 28, 1974 Opinion No. 74- 103 Rick J. Eichor Bourbon County Attorney Bourbon County Court House Fort Scott, Kansas 66701 Dear Mr. Eichor: As you point out, under K.S.A. 28-806, the salary of the judge of the county court is based upon the number of "cases . . . filed." You i…

March 28, 1974 Opinion No. 74- 102 Lyndus A. Henry Johnson County Counselor Box 31-A Olathe, Kansas 66061 Dear Mr. Henry: You inquire concerning an opinion issued by this office to Mr. Gary Nafziger, Jefferson County Attorney, dated June 21, 1973. He inquired what method or proce…

March 28, 1974 Opinion No. 74- 101 Richard A. Medley Montgomery County Attorney Montgomery County Courthouse Independence, Kansas 67301 Dear Mr. Medley: We have your letter of March 8, concerning the matter of fire protection in the City of Liberty, Kansas, and the Liberty Townsh…

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 26, 1974 Opinion No. 74- 100 Honorable Fred W. Rosenau Representative, Thirty-Ninth District 3050 South 65th Street Kansas City, Kansas 66106 Dear Representative Rosenau: You inquire concerning the authority of the Kansas City, Kansas, Board of Public Utilities to contribut…

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 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 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 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 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 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 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- 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…

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 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…

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…

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 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 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 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 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…