Kansas AG Opinions — 1974

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 …

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 …