Kansas Attorney General Opinions

July 17, 1974 Opinion No. 74- 240 Patrick J. Reardon Leavenworth County Attorney Leavenworth County Court House Leavenworth, Kansas 66048 Dear Mr. Reardon: The first sentence of K.S.A. 19-4004 empowers a board of county commissioners to levy an annual tax not exceeding one-half m…

VERN MILLER Attorney General January 21, 1974 Opinion No. 74- 24 Dale E. Saffels, Chairman Advisory Council on Ecology Room 540E State Office Building Topeka, Kansas 66612 Dear Mr. Saffels: As chairman of the State Advisory Council on Ecology, you in- quire concerning the appropr…

July 17, 1974 Opinion No. 74- 239 Mr. James P. Lugar Attorney, U.S.D. #203 7735 Washington Ave. Alpine East Bldg. Kansas City, Kansas 66112 Dear Mr. Lugar: As counsel for Unified School District No. 203, you inquire whether a member of the board of education is in conflict with t…

July 17, 1974 Opinion No. 74- 238 Arthur N. Turner Newton City Attorney 110 East Sixth Street Newton, Kansas 67114 Dear Mr. Turner: You inquire concerning paragraph sixteenth of K.S.A. 79-201, which section was amended by 1974 Senate Bill 651, now ch. 427, L. 1974, to provide as …

July 12, 1974 Opinion No. 74-237 Mr. Thomas L. Boeding Governor's Committee on Criminal Administration 10th Floor 535 Kansas Avenue Topeka, Kansas 66603 Dear Mr. Boeding: On behalf of the G.C.C.A. you inquire whether park rangers of the Kansas Park and Resources Authority have as…

July 15, 1974 Opinion No. 74-236 J. Byron Meeks Edwards County Attorney Kinsley, Kansas 67547 Dear Mr. Meeks: We have your inquiry concerning Senate Bill 750, found at ch. 257, L. 1974, which became effective July 1, 1974. More speci- fically, you ask if the fees provided for may…

July 15, 1974 Opinion No. 74- 235 Mr. John Ball, Director Kansas Real Estate Commission Room 1212 535 Kansas Topeka, Kansas 66603 Dear Mr. Ball: K.S.A. 58-3011 states thus: "Upon written notice to the commission within ten days of any change, and upon surrender of, or satisfactor…

July 15, 1974 Opinion No. 74- 234 Mr. Grey Dresie Dresie, Jorgensen & Wood 815 Union National Building Broadway and Douglas Wichita, Kansas 67202 Dear Mr. Dresie: K.S.A. 68-1103, originally enacted as ch. 80, § 3, L. 1917, commences thus: "Whenever it is necessary to construct or…

July 12, 1974 Opinion No. 74- 233 Robert H. Meyer Jewell County Attorney Mankato, Kansas 66956 Dear Mr. Meyer: You inquire concerning certain work projects being undertaken by the Heavy Equipment Department of the North Central Kansas Area Vocational-Technical School at Beloit, K…

July 15, 1974 Opinion No. 74- 232 Thomas W. Stockwell Merriam City Attorney 9000 West 62nd Terrace Merriam, Kansas 66202 Dear Mr. Stockwell: You advise that when the proposition to amend section 10 of Article 15 of the Kansas Constitution was submitted at the general election hel…

July 15, 1974 Opinion No. 74- 231 H. Scott Beims Rawlins County Attorney P.O. Box 295 Atwood, Kansas 67730 Glenn D. Schiffner Thomas County Attorney P.O. Box 408 Colby, Kansas Gentlemen: You inquire whether either Rawlins or Thomas County is liable for the reasonable costs of an …

July 15, 1974 Opinion No. 74- 230 Daniel B. Denk Assistant City Attorney Legal Department of Kansas City Ninth Floor - Municipal Office Bldg. One Civic Center Plaza Kansas City, Kansas 66101 Dear Mr. Denk: You inquire concerning a proposed zoning ordinance which is being consider…

VERN MILLER Attorney General January 21, 1974 Opinion No. 74- 23 L. 0. Bengtson Salina City Attorney 300 West Ash Street P.O. Box 903 Salina, Kansas 67401 Dear Mr. Bengtson: K.S.A. 12-1675 authorizes the investment of public funds by any county, city, school district or quasi-mun…

July 15, 1974 Opinion No. 74- 229 Mr. Lee Hornbaker Milford City Attorney 707 North Washington Street Junction City, Kansas 66441 Dear Mr. Hornbaker: We have your letter of June 5, enclosing both Mr. Strain's letter of June 3, and your very able reply, dated June 5. As you very c…

July 15, 1974 Opinion No. 74- 228 David P. Mikesic Assistant District Attorney Wyandotte County Courthouse 7th and Barnett Kansas City, Kansas 66101 Dear Mr. Mikesic: You advise that in 1970, there was elected a county treasurer of Wyandotte County, who took office the second Tue…

July 15, 1974 Opinion No. 74- 227 Terry Jay Solander Anderson County Attorney 413 1/2 Oak Street Garnett, Kansas 66032 Dear Mr. Solander: You inquire concerning the procedure followed by the Anderson County Hospital for payment of its employees' compensation. The procedure which …

July 15, 1974 Opinion No. 74 - 226 D. H. Corson, Jr. City Attorney of Bonner Springs 434 Brotherhood Building Kansas City, Kansas 66101 Dear Mr. Corson: K.S.A. 12-110b provides in pertinent part that "the governing body of any city of the second and third class is hereby authoriz…

July 15, 1974 Opinion No. 74- 225 F. G. Williams Business Manager Arkansas City Memorial Hospital 216 West Birch Arkansas City, Kansas 67005 Dear Mr. Williams: We have your letter of June 2, inquiring as to any provision in the Kansas statutes which allows a municipal, county or …

July 16, 1974 Opinion' No. 74- 224 Donald E. DeShazer Assistant State Treasurer State Capitol Topeka, Kansas 66612 Dear Mr. DeShazer: You advise that the Legislative Post Audit Division has just completed its 1973 annual audit of the office of the State Treasurer. The Division ha…

July 15, 1974 Opinion No. 74- 223 Larry R. Mears Assistant County Attorney Atchison County Courthouse Atchison, Kansas 66002 Dear Mr. Mears: You inquire concerning 1974 Senate Bill 750, effective July 1, 1974, which provides in pertinent part thus: "On or before the first day of …

July 12, 1974 Opinion No. 74- 222 Charles V. Hamm General Counsel Legal Division State Department of Social and Rehabilitation Services State Office Building Topeka, Kansas 66612 Dear Mr. Hamm: K.S.A. 72-4417 was amended by 1974 Senate Bill 958, found at ch. 298, L. 1974, to prov…

July 11, 1974 Opinion No. 74- 221 Mr. S. J. Reda Chief, Warehouse Division Kansas Grain Inspection Department 801 Harrison Topeka, Kansas 66612 RE: Your letter of June 24, 1974 Dear Mr. Reda: This is in answer to your request for a written opinion as to whether your office, under…

July 3, 1974 Opinion No. 74- 220 Mrs. Ruth Lemon City Commissioner City Offices 4th and Pine Streets Pittsburg, Kansas 66762 RE: Industrial revenue bonds; K.S.A. 12-1740, et seq. Dear Mrs. Lemon: You have requested an opinion from this office relative to the utilization of certai…

VERN MILLER Attorney General January 21, 1974 Opinion. No. 74-22 Honorable Richard C. "Pete" Loux House of Representatives State House Topeka, Kansas 66612 RE: K.S.A. 8-722 Dear Representative Loux: Your letter of November 16, 1973, inquires as to the possible retroactive effect …

July 9, 1974 Opinion No. 74-219 Col. William L. Albott Superintendent Kansas Highway Patrol State Office Building Topeka, Kansas 66612 Dear Colonel Albott: In your letter of June 10, 1974, you inquire whether members of the Kansas Highway Patrol, and presumably other law enforcem…

July 3, 1974 Opinion No. 74- 218 Jack N. Williams Assistant District Attorney Director, Consumer Protection Division 18th Judicial District Sedgwick County Court House 525 N. Main Wichita, Kansas 67203 Dear Jack: You inquire whether approval by the Board of County Commissioners i…

July 2, 1974 Opinion No. 74- 217 Robert J. Woody Westwood City Attorney Court Square Building 110 South Cherry Olathe, Kansas 66061 Dear Mr. Woody: You advise that the governing body of the City of Westwood is presently considering an expenditure of municipal funds for the purpos…

July 2, 1974 Opinion No. 74- 216 Honorable Charles J. Sell Judge, Labette County Probate, Juvenile & County Courts Labette County Court House Oswego, Kansas 67356 Dear Judge Sell: You request an opinion regarding the recently enacted amendment to the small claims procedure act, K…

July 2, 1974 Opinion No. 74- 215 Mr. Gary Nafziger Jefferson County Attorney Jefferson County Courthouse Oskaloosa, Kansas 66066 Dear Mr. Nafziger: K.S.A. 1973 Supp. 19-801b prescribes the qualifications for nomination, election or appointment to the office of sheriff. Among them…

July 2, 1974 Opinion No. 74- 214 Lawrence H. Litson Cove County Attorney Gove, Kansas 67736 Dear Mr. Litson: You advise that you have been recently appointed County Attorney of Gove County, and you inquire whether this office is incompati- ble with your present office as member o…

June 27, 1974 Opinion No. 74- 213 Mr. Charles Menghini Pittsburg City Attorney 316 National Bank Building Pittsburg, Kansas 66762 Dear Mr. Menghini: My opinion letter to you of June 19 was not responsive to the question posed in your letter of June 14, and I regret this oversight…

June 26, 1974 Opinion No. 74- 212 Sam C. Stitt, Chairman Barton County Special Education Cooperative Board Unified School District 355 Ellinwood, Kansas 67526 Dear Mr. Stitt: You advise that several years ago, the five districts in Barton County entered into an agreement for a co…

June 24, 1974 Opinion No. 74-211 Honorable Elwill M. Shanahan Secretary of State 2nd Floor--The Statehouse Topeka, Kansas 66612 Att: Sherman A. Parks Dear Secretary Shanahan: K.S.A. 17-7504 requires every corporation organized not for profit to file an annual report which shall i…

June 24, 1974 Opinion No. 74- 210 James R. Cobler, Director Division of Accounts and Reports Department of Administration State Capitol Topeka, Kansas 66612 Dear Mr. Cobler: Section 1 of 1974 Senate Bill No. 925 states thus in pertinent part: "Persons retiring from .the classifie…

VERN MILLER Attorney General January 21, 1974 Opinion No. 74- 21 Gerald C. Golden Meade County Attorney P.O. Box "R" Meade, Kansas 67864 Dear Mr. Golden: You advise that the cities of Meade and West Plains, and Meade County, have joined together to form through an interlocal agre…

June 27, 1974 Opinion No. 74-209 Mr. John C. Kasberger Assistant Fire Chief 910 Massachusetts Street Lawrence, Kansas 66044 RE: Emergency vehicle equipment Dear Mr. Kasberger: You request our opinion relating to the positioning of emergency signal lamps on two emergency vehicles …

June 25, 1974 Opinion No. 74- 208 Willis A. Shattuck Clark County Attorney 723 1/2 Main Street Ashland, Kansas 67831 Dear Mr. Shattuck: We have your letter of April 30, and agree fully with your con- clusions. K.S.A. 28-167 provides in pertinent part thus: "When in any county hav…

June 24, 1974 Opinion No. 74-207 Honorable Elwaine F. Pomeroy Chairman, Special Committee on Local Government Senate Chamber State Capitol Topeka, Kansas 66612 Dear Senator Pomeroy: On behalf of the Special Committee on Local Government, you inquire concerning the constitutionali…

June 12, 1974 Opinion No. 74- 206 Gordon A. Yeargan Superintendent of Schools Unified School District 453 Leavenworth, Kansas 66048 Dear Superintendent Yeargan: We have your letter of May 10, concerning action by the board of directors of the Kansas Association of School Boards a…

June 19, 1974 Opinion No. 74- 205 Robert L. Gernon Brown County Attorney Brown County Courthouse Hiawatha, Kansas 66434 Dear Mr. Gernon: We have your letter concerning placement of surplus funds of the Kanza Mental Health and Guidance Center. You advise that one of the members of…

June 20, 1974 Opinion No. 74- 204 Franklin R. Theis Chief Attorney Department of Administration State Capitol Topeka, Kansas 66612 Dear Mr. Theis: You advise that the director of the Division of Architectural Services of the Department of Administration has reached agree- ment wi…

June 19, 1974 Opinion No. 74- 203 Mr. Charles Menghini Pittsburg City Attorney 316 National Bank Building Pittsburg, Kansas Dear Mr. Menghini: We have your letter of June 14. The apportionment of election expenses between the city and county is governed by K.S.A. 25-2001, which w…

June 19, 1974 Opinion No. 74- 202 Mr. Claude S. Heath Wichita County Attorney P.O. Box 299 Leoti, Kansas 67861 Re: Lease of County Property Dear Mr. Heath: In responding to your opinion request of May 10, 1974, it is our understanding that the county commissioners, pursuant to K.…

June 19, 1974 Opinion No. 74- 201 R. G. Henley, Director Municipal Audit Program Office of State Auditor State Capitol Topeka, Kansas 66612 Dear Mr. Henley: You inquire whether a city may by charter ordinance exempt itself from the operation of K.S.A. 10-1116, as amended by 1974 …

June 19, 1974 Opinion No. 74-200 Thomas W. Stockwell Merriam City Attorney 9000 West 62nd Terrace Merriam, Kansas 66202 Dear Mr. Stockwell: You advise that the City of Merriam has adopted article 12, section 106 of the Uniform Standard Traffic Ordinance for Kansas cities. Subsect…

VERN MILLER Attorney General January 21, 1974 Opinion No. 74- 20 Thomas C. Lysaught Wyandotte County Counselor 511 Huron Building Kansas City, Kansas 66101 Dear Mr. Lysaught: You inquire concerning the construction of that portion of K.S.A. 24-414 which provides that "at all elec…

VERN MILLER Attorney General January 7, 1974 Opinion No. 74- 2 Barry A. Bennington Stafford County Attorney Stafford County Courthouse St. John, Kansas 57576 Dear Mr. Bennington: You inquire concerning a policy adopted by the Stafford County Board of County Commissioners, effecti…

June 19, 1974 Opinion No. 74- 199 W. J. Fitzpatrick Special Assistant Attorney General Kansas State Board of Nursing Professional Building, Suite 313 Independence, Kansas 67301 Dear Mr. Fitzpatrick: You inquire whether under Kansas law a licensed practical nurse or a nurse's aide…

June 19, 1974 Opinion No. 74- 198 Don C. Staab Assistant County Attorney P.O. Box 725 Hays, Kansas 67601 Dear Mr. Staab: You advise that a petition has been filed with the county elec- tion officer of Ellis County requesting that an election be held to recall from office the mayo…

June 12, 1974 Opinion No. 74- 197 Charles V. Hamm General Counsel Legal Division State Department of Social and Rehabilitation Services State Office Building Topeka, Kansas 66612 Attn: Bruce A. Roby Dear Mr. Hamm: We have your letter of May 20, concerning authority of the State D…