Kansas Attorney General Opinions

June 11, 1974 Opinion No. 74-193 John M. Russell Barton County Attorney P.O. Box 881 Great Bend, Kansas 67530 Dear Mr. Russell: In previous opinions we have indicated that for salary de- termination purposes, the federal reservoirs in Kansas are those so designated by the Water R…

June 11, 1974 Opinion No. 74-192 Honorable Robert V. Talkington State Senator, Twelfth District P.O. Box 725 Iola, Kansas 66749 Dear Senator Talkington: K.S.A. 19-2115 states in pertinent part thus: "Whenever the board of county commissioners shall sell the county farm, county in…

June 10, 1974 Opinion No. 74- 191 Honorable Bert Chaney State Senator, 34th District 915 East 13th Hutchinson, Kansas 67501 Dear Senator Chaney: You question whether a school board member has the privilege of entering his explanation of vote in the official minutes of the board. …

June 10, 1974 Opinion No. 74- 190 Honorable Donald L. White Franklin County Probate Judge Franklin County Courthouse Ottawa, Kansas 66067 Dear Judge White: You inquire concerning section 53 of 1974 House Bill 2054, which prescribes the salaries of probate judges in certain counti…

VERN MILLER Attorney General January 23, 1974 Opinion No. 74- 19 Honorable William W. Bunten Representative, Fifty Fourth District House of Representatives Statehouse Topeka, Kansas Dear Representative Bunten: Pursuant to Senate Concurrent Resolution No. 72, it is proposed to ame…

June 10, 1974 Opinion No. 74- 189 Kenneth R. Heer Kingman County Attorney 103 Avenue A East Kingman, Kansas 67068 Dear Mr. Heer: You advise that a federal reservoir, Cheney, lies partly in Kingman, Reno and Sedgwick counties. As it pertains to your own salary, section 36 of 1974 …

June 13, 1974 Opinion No. 74- 188 Charles V. Hamm General Counsel Legal Division State Department of Social and Rehabilitation Services State Office Building Topeka, Kansas 66612 Dear Mr. Hamm: Section 1 of 1974 House Bill 1873 states thus: "Whenever a petition containing the sig…

June 14, 1974 Opinion No. 74- 187 Marlin C. Schrader Administrative Officer State Education Commission Capitol Federal Building Topeka, Kansas 66603 Dear Mr. Schrader: On April 17, 1974, the State Education Commission declared Mid-America Nazarene College ineligible to participat…

June 12, 1974 Opinion No. 74- 186 Mr. James T. McDonald Secretary of Revenue State Office Building Topeka, Kansas 66612 RE: K.S.A. 79-3234 and K.S.A. 79-4301 [ARTICLE VIII, (6)]. Dear Mr. McDonald: You have requested an opinion from this office relative to the application of K.S.…

June 10, 1974 Opinion No. 74-185 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 of Kansas to declare illegal, noncomp…

June 12, 1974 Opinion No. 74- 184 Mr. Jack Turner Sedgwick County Counselor Sedgwick County Courthouse Wichita, Kansas 67203 Dear Mr. Turner: K.S.A. 1973 Supp. 20-617 sets out the salary figures for bailiffs in various courts. It also provides in counties with over 300,000 popula…

June 13, 1974 Opinion No. 74- 183 Mr. Ralph Taylor Commissioner, First District White Cloud, Kansas 66094 Dear Mr. Taylor: We have your letter inquiring, first, the proper way to proceed to repeal zoning in Doniphan County. We note that the county zoning resolution was adopted pu…

June 14, 1974 Opinion No. 74-182 William A. Taylor, III Cowley County Counselor P.O. Box 731 Winfield, Kansas 67156 Dear Mr. Taylor: You inquire concerning §§ 53 and 54 of 1974 House Bill 2054, which amends K.S.A. 1973 Supp. 59-215 and -216, respectively. Section 53 carries forwa…

June 5, 1974 Opinion No. 74- 181 Mr. Wayne Gibson Neosho County Clerk Neosho County Courthouse Erie, Kansas 66733 Dear Mr. Gibson: We are advised that as county election officer, you have re- quested the opinion of Mr. Radford, Neosho County Attorney, concerning the following. Be…

June 5, 1974 Opinion No. 74- 180 Helen C. Brown Secretary to Edgar W. White Morton County Attorney Drawer 0 Elkhart, Kansas 67950 Dear Ms. Brown: We have your letter dated March 24, which we received on May 28, inquiring whether the board of county commissioners may organize comm…

VERN MILLER Attorney General January 22, 1974 Opinion No. 74-18 Mr. Lee B. Connell Consumer Credit Commissioner Suite 1114 535 Kansas Avenue Topeka, Kansas 66603 Re: Investment Certificate Act Dear Mr. Connell: In your letter of November 10, 1972, you request an opinion regarding…

June 4, 1974 Opinion No. 74- 179 Melville W. Gray Chief Engineer and Director Division of Environmental Health Kansas State Department of Health Topeka, Kansas Re: Contracts between cities and counties for the disposal of solid waste Dear Mr. Gray: You inquire whether contracts b…

June 5, 1974 Opinion No. 74- 178 C. Taylor Whittier Commissioner of Education 120 East 10th Street Topeka, Kansas 66612 Dear Commissioner Whittier: You inquire whether the Cowley County Area Vocational-Technical School operated by the Board of Trustees of the Cowley County Commun…

June 5, 1974 Opinion No. 74- 177 Honorable Bert Chaney State Senator, 34th District 915 East 13th Street Hutchinson, Kansas 67501 Dear Senator Chaney: You inquire whether a school board may use its discretion in allowing or disallowing a lump sum payment to teachers as pro- vided…

June 7, 1974 Opinion No. 74- 176 Mr. Joseph W. Zima Legal Advisor Shawnee County Sheriff's Department Courthouse Topeka, Kansas 66603 Re: Liability of County for Cost of Medical Treatment Furnished Prisoners in County Jail Dear Mr. Zima: With your letter of April 2, 1974, you inq…

June 6, 1974 Opinion No. 74- 175 Mr. Charles Menghini Pittsburg City Attorney 316 National Bank Building Pittsburg, Kansas 66762 Dear Mr. Menghini: You advise that qualifications of the judge of the City Court of Pittsburg are prescribed by K.S.A. 20-1425 in pertinent part as fol…

June 4, 1974 Opinion Number 74- 174 Dr. C. Taylor Whittier Commissioner of Education Department of Education 120 East 10th Street Topeka, Kansas 66612 RE: Our File No. AG-63-82-3 Dear Doctor Whittier: This letter is in response to your letter of April 5, 1973, which requested an …

June 4, 1974 Opinion No. 74- 173 Ms. Alice F. Crane Clerk, District Court Doniphan County Troy, Kansas 66087 Dear Ms. Crane: We have your letter of May 29, concerning opinion no. 73-286, of August 22, 1973, and enclosing a letter from Mr. O'Keefe. He argues, as anticipated in the…

June 4, 1974 Opinion No. 74- 172 Honorable Wendell Lady State Representative, 19th District 8732 Mackey Overland Park, Kansas 66212 Dear Representative Lady: Under section 2(b) of 1974 Senate Bill 328, a board of county commissioners is authorized to levy an annual tax of not to …

June 4, 1974 Opinion No. 74- 171 Mr. Bernard J. Dunn Legal Counsel Office of Director of Penal Institutions 11th Floor State Office Building Topeka, Kansas 66612 Dear Mr. Dunn: In your letter of May 13, 1974, you inquire whether the work release supervisor or coordinator can beco…

May 29, 1974 Opinion No. 74- 170 Lt. Col. Allen Rush Assistant Superintendent Kansas Highway Patrol State Office Building Topeka, Kansas 66612 Dear Colonel Rush: This will acknowledge receipt of your opinion request of May 17, 1974, relative to the weight and load of vehicles as …

VERN MILLER January 16, 1974 Attorney General Opinion No'. 74- 17 Honorable John C. Bottenberg Representative Fiftieth District Jackson, Jefferson, Atchison Counties 650 West 4th Holton, Kansas 668436 Dear Sir: A farmer slaughters and processes, on his own premises and with the a…

June 4, 1974 Opinion No. 74- 169 Mr. John E. Fierro Ford County Attorney County Courthouse Box 995 Dodge City, Kansas 67801 Re: Uniform Consumer Credit Code K.S.A. 16a-1-301(11)(i) Dear Mr. Fierro: This office is in receipt of your inquiry in regard to the above cited statute. Yo…

May 31, 1974 Opinion No. 74- 168 Mr. Fred Lorentz Wilson County Attorney 430 North Seventh Street Fredonia, Kansas 66736 ,Dear Mr. Lorentz: You have asked whether cereal malt beverages may be sold as a part of a business where the manager of the business is licensed but the owner…

May 31, 1974 Opinion No. 74-167 Honorable Jack W. Janssen State Senator Box 626 Lyons, Kansas 67554 ,Dear Senator Janssen: Under section 1(a) of 1974 Senate Bill 936, the State Board of Healing Arts is "authorized and directed to make a study of the subject and practice of acupun…

June 3, 1974 Opinion No. 74 - 166 Thomas W. Regan Executive Director Governor's Committee on Criminal Administration 535 Kansas Avenue .Topeka, Kansas 66603 Dear Mr. Regan: You advise that heretofore, the Governor's Committee on Criminal Administration has made a grant for the es…

June 3, 1974 Opinion No. 74- 165 Mr. Bob Kent Executive Director Kansas Employment Security Division Department of Labor 401 Topeka Avenue Topeka, Kansas 66603 Dear Mr. Kent: K.S.A. 44-703 (i) (4) provides in pertinent part: "The term 'employment' shall not include: * * * (4) Agr…

May 29, 1974 Opinion No. 74- 164 Honorable Elwill M. Shanahan Secretary of State 2nd Floor -- The Statehouse Topeka, Kansas 66612 Dear Secretary Shanahan: K.S.A. 25-303 states in pertinent part thus: "Independent nominations of candidates for any office to be filled by the voters…

May 24, 1974 Opinion No. 74- 163 Honorable Mike Hayden Representative, 120th District Atwood, Kansas 66730 Dear Representative Hayden: We have your request to construe "donation" as it relates to K.S.A. 19-2803c and the federal land and water conservation fund. The Kansas statute…

May 17, 1974 Opinion No. 74- 162 Mr. Henry Schwaller Secretary of Administration State Capitol Topeka, Kansas 66612 Dear Mr. Schwaller: Section 1 of 1974 Senate Bill No. 925 states thus in pertinent part: "Persons retiring from the classified, classi- fied exempt or unclassified …

May 29, 1974 Opinion No. 74- 161 Honorable Elwill M. Shanahan Secretary of State 2nd Floor -- The Statehouse Topeka, Kansas 66612 Dear Secretary Shanahan: Additional questions have been raised concerning the validity of House Substitute for Senate Bill 656, enacted by the 1974 Le…

May 21, 1974 Opinion No. 74-160 Mrs. Lillian R. Underwood Clerk, Shawnee County Probate Court Shawnee County Courthouse Topeka, Kansas 66603 Dear Mrs. Underwood You request our opinion relative to whether a judge of a probate court of another county may properly solemnize a marri…

VERN MILLER Attorney General January 16, 1974 Opinion No. 74- 16 Robert G. Frey Seward County Attorney 415 N. Washington Liberal, Kansas 67901 Dear Mr. Frey: You advise that in 1973, approximately 2,450 cases were filed in the county court of Seward County. The county has a popul…

May 17, 1974 Opinion No. 74- 159 The Honorable Bill G. Honeyman Judge of the Juvenile Court Shawnee County Courthouse Topeka, Kansas 66603 Dear Judge Honeyman: In your letter of April 22, 1974, you ask whether a Juvenile Court Judge has the statutory authority to issue a search w…

May 21, 1974 Opinion No. 74-158 Mr. Jerome H. Svore Regional Administrator Environmental Protection Agency 1735 Baltimore, Room 249 Kansas City, Missouri 64108 Dear Mr. Svore: At the request of Melville W. Gray, Chief Engineer and Director, Division of Environmental Health, Kansa…

May 21, 1974 Opinion No. 74- 157 Honorable Elwill M. Shanahan Secretary of State 2nd Floor -- The Statehouse Topeka, Kansas 66612 Dear Secretary Shanahan: Article 2, § 20 of the Kansas Constitution states thus: "The enacting clause of all laws shall be 'Be it enacted by the legis…

May 16, 1974 No. 156 Honorable James L. Prickett Judge of the Muncipal Court Arlington, Kansas 67514 Dear Judge Prickett: You have requested an opinion concerning the consumption of beer containing less than 3.2% of alcohol by weight or the consumption of beer containing more tha…

No. 74 155 - MR. PHILLIP L. HARRIS City Attorney 8500 Santa Fe Drive Overland Park, Kansas 66212 Dear Mr. Harris: You have requested an opinion as to whether or not the sale of alcoholic liquor at retail is prohibited by K.S.A. 41-712 when the sole issue on the ballot is a bond q…

May 16, 1974 Opinion No. 74- 154 Honorable Elwill M. Shanahan Secretary of State 2nd Floor--The Statehouse Topeka, Kansas 66612 Att: Sherman A. Parks Dear Secretary Shanahan: K.S.A. 17-5901(a) provides in pertinent part thus: "[N]othing herein contained shall prevent a domestic c…

May 16, 1974 Opinion No. 74- 153 Charles H. Moore, Chairman Abilene Recreation Commission City Building Abilene, Kansas 67410 'Dear Mr. Moore: As chairman of the Abilene Recreation Commission, you inquire concerning the eligibility of one of the members of the Commission to conti…

May 16, 1974 Opinion No. 74- 152 Mr. R. D. Plummer, President U.S.D. 345 Board of Education 1124 W. Lyman Topeka, Kansas 66608 , Dear Mr. Plummer: We have your request pertaining to K.S.A. 72-8205 with particu- lar emphasis on the waiver provision. The statute provides: "Special …