Kansas Attorney General Opinions

August 21, 1974 Opinion No. 74- 286 Honorable Harold P. Dyck State Representative 101st District 226 Hess Hesston, Kansas 67062 Dear Representative Dyck: We have your inquiry regarding the status of employees provided for in K.S.A. 76-11a01 and K.S.A. 76-11a02 were these statutes…

August 21, 1974 Opinion No. 74- 285 John E. Sanders Greenwood County Attorney Greenwood County Courthouse Eureka, Kansas 67045 Dear Mr. Sanders: K.S.A. 28-831 states thus: "If any salary of any officer or employee whose salary or compensation was fixed before the effective date o…

August 21, 1974 Opinion No. 74- 7R4 Mark L. McHenry Chairman Four Rivers Conservation and Development Project Box 188 Minneapolis, Kansas 67467 Dear Mr. McHenry: We have your inquiry concerning the use of school buildings and equipment in developing a county-wide recreation progr…

August 19, 1974 Opinion No. 74- 283 Darrell D. Carlton Commissioner of Labor 401 Topeka Avenue Topeka, Kansas 66603 Dear Commissioner Carlton: K.S.A. 38-601 states thus: "No child under fourteen (14) years of age shall be at any time employed at any occupation or trade in any bus…

August 15, 1974 Opinion No. 74- 282 Honorable Richard C. "Pete" Loux House Minority Leader House of Representatives Capitol Building Topeka, Kansas 66612 Dear Representative Loux: K.S.A. 25-2304 states thus: "The county election officer shall maintain registration books to regist…

August 16, 1974 Opinion No. 74- 281 Honorable Richard C. "Pete" Loux House Minority Leader House of Representatives Capitol Building Topeka, Kansas 66612 Dear Representative Loux: You inquire whether a record of the annual enumeration made by the county assessor or county clerk a…

August 14, 1974 Opinion No. 74- 280 Mrs. Ruth W. Welkin State Representative 1610 Willow Avenue Topeka, Kansas 66606 Re: Absentee registration and voting of pretrial detainees and convicted misdemeanants. Restoration of civil rights to state and federal felons upon completion of …

VERN MILLER Attorney General January 28, 1974 Opinion No. 74- 28 Gary L. Nafziger Jefferson County Attorney Jefferson County Courthouse Oskaloosa, Kansas 66066 Dear Mr. Nafziger: You inquire concerning compensation provided by ch. 175, L. 1973, for the sheriff, probate and county…

August 20, 1974 Opinion No. 74- 27q Jerome H. Svore Regional Administrator U. S. Environmental Protection Agency Region 7 735 Baltimore, Room 249 Kansas City, Missouri 64108 Dear Mr, Svore: You have requested a statement defining the responsibilities of our office for enforcement…

August 15, 1974 Opinion No. 74- 278 John H. Taylor Geary County Attorney Geary County Courthouse Junction City, Kansas 66441 Dear Mr. Taylor: We have your letter of August 2, enclosing a copy of a letter from Hayes B. Deck to you, dated August 1. Mr. Beck is a candidate for elect…

August 15, 1974 Opinion No. 74- 277 Honorable Duane S. "Pete" McGill Speaker, House of Representatives P.O. Box 493 Winfield, Kansas 67155 Dear Mr. Speaker: We have your letter of July 8, suggesting that somewhere in the provisions of K.S.A. 75-3635 through -3640, there lies a "s…

August 15, 1974 Opinion No. 74- 276 Harold L. Voth Superintendent of Schools U.S.D. 312 Haven, Kansas 67543 Dear Superintendent Voth: You advise that a group of citizens from the Partridge Community Church, Partridge, Kansas, has asked that the Board of Education grant them autho…

August 15, 1974 Opinion No. 74- 275 Jack N. Turner Sedgwick County Counselor Room 320 Sedgwick County Courthouse Wichita, Kansas 67203 Dear Mr. Turner: You inquired some time ago concerning the authority of the Sedgwick County Board of County Commissioners to adopt a proposed cou…

August 15, 1974 Opinion No. 74-_274 B. E. Nordling Hugoton City Attorney P.O. Box 250 Hugoton, Kansas 67951 Dear Mr. Nordling: You advise that the City of Hugoton and Stevens County are interested in jointly participating in the construction, main- tenance and operation of a swim…

August 14, 1974 Opinion No. 74- 273 Honorable Elwill M. Shanahan Secretary of State 2nd Floor--The Statehouse Topeka, Kansas 66612 Dear Secretary Shanahan: Section 20 of ch. 166, L. 1974, states in pertinent part thus: "The [governmental ethics] commission upon its own initiative…

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 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…

VERN MILLER. January 24, 1974 Attorney General Opinion No. 74- 27 Joann Poston County Clerk Anthony, Kansas Dear Ms. Poston: You request the opinion of the Attorney General concerning K.S.A. 19-801b(a)(3), which states thus: "No person shall be eligible fog nomination, election o…

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 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 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- 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 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 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…

VERN MILLER At torney General January 24, 1974 Opinion No. 74- 26 Mr. Douglas C. Richards Assistant City Attorney Municipal Building 215 East 7th Street Topeka, Kansas 66603 Dear Mr. Richards: You inquire concerning K.S.A. 13-1808, which prescribes the duties of members of the bo…

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…

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 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…

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 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…

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 …

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 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…

VERN MILLER Attorney General January 18, 1974 Opinion No. 74- 25 Mearle D. Mason Hill, Mason & Graber 810 West Douglas - Suite D Wichita, Kansas 67203 Dear Mr. Mason: As chairman of the Prepaid Legal Services Committee of the Kansas Bar Association you request our opinion relativ…

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 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 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 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 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 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- 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 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 …