Kansas Attorney General Opinions

May 16, 1974 Opinion No. 74- 150 Mr. V. R. Moen Ottawa County Attorney 216 West 2nd Minneapolis, Kansas Dear Mr. Moen: We regret the delay in responding to your request concerning the necessary procedure for acquisition of a landfill site for solid waste disposal. As you know the…

VERN MILLER Attorney General January 16, 1974 Opinion No. 74-15 Robert H. Meyer Attorney at Law Mankato, Kansas 66956 Re: Beloit Vo-Tech School Dear Mr. Meyer: We do apologize for our delay in responding to your inquiry concerning "training mission" projects by students of the Be…

May 16, 1974 Opinion No. 74- 149 Nick A. Tomasic District Attorney Twenty-Ninth Judicial District Wyandotte County Court House Kansas City, Kansas 66101 Dear Mr. Tomasic: K.S.A. 1973 Supp. 38-804c states in pertinent part thus: "In every county having a population of not less tha…

May 14, 1974 Opinion No. 74-148 Mr. Earl Dingus Mayor Kincaid, Kansas 66039 RE: City of Kincaid - general obligation and waterworks revenue bonds. Dear Mr. Dingus: A few weeks ago this office received the bonds and bond transcript on Kincaid's $65,000 general obligation bond issu…

May 13, 1974 Opinion No-74-147 Mr. Donald E. Martin City Attorney Ninth Floor, Municipal Office Building Kansas City, Kansas 66101 RE: Industrial revenue bonds--solid waste disposal facilities and related equipment. Dear Mr. Martin: You have requested from this office an opinion …

May 14, 1974 Opinion No. 74- 146 Thomas W. Stockwell Merriam City Attorney 9000 West 62nd Terrace Merriam, Kansas 66202 Dear Mr. Stockwell: K.S.A. 14-201 states in pertinent part thus: "The mayor shall appoint, by and with the consent of the council, a municipal judge of the muni…

May 14, 1974 Opinion No. 74- 145 James R. Ward Assistant City Attorney Municipal Building 215 East 7th Street Topeka, Kansas 66603 Dear Mr. Ward: K.S.A. 12-693 states in pertinent part thus: "All cities are hereby authorized to make Improvements authorized by and in the manner pr…

May 14, 1974 Opinion No. 74- 144 Sherman A. Parks Attorney Office of Secretary of State 2nd Floor -- The Statehouse Topeka, Kansas 66612 Dear Mr. Parks: K.S.A. 17-7503 requires that each domestic corporation organized for profit file an annual report showing the financial conditi…

May 14, 1974 Opinion No. 74- 143 Col. W. L. Albott Superintendent Kansas Highway Patrol State Office Building Topeka, Kansas 66612 Dear Colonel Albott: You request our opinion concerning specially designed vehicles which are configured exclusively to haul and distribute manure fr…

May 10, 1974 Opinion No. 74- 142 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. 72-4107a states thus: "Whenever the parents or guardian of any child attending …

May 8, 1974 Opinion No. 74- 141 Honorable T. D. Saar, Jr. Senator, Thirteenth District 903 Free King's Highway Pittsburg, Kansas 66762 Dear Senator Saar: You inquire, first, whether section 2(a), seventh, of 1974 Senate Bill 175 prohibits the exercise of county home rule powers t…

May 2, 1974 Opinion No. 74- 140 Carl O'Leary State Bank Commissioner Suite 600, 818 Kansas Ave. Topeka, Kansas gear Commissioner O'Leary: K.S.A. 1973 Supp. 75-4304 was amended by 1974 Senate Bill 993. The amended paragraph states as follows: "(a) No public officer or employee sha…

VERN MILLER Attorney General January, 16, 1974 Opinion No. 74- 14 Honorable LaVerne H. Spears Representative, Fifty-first District Statehouse Topeka, Kansas 66612 Dear Representative Spears: Our office has considered at your request a proposal to amend K.S.A. 1973 Supp. 60-1610 b…

May 6, 1974 Opinion No. 74-139 Thomas C. Lysaught Wyandotte County Counselor 511 Huron Building Kansas City, Kansas 66101 Dear Mr. Lysaught: You inquire whether the Board of County Commissioners of Wyandotte County may authorize and allow additional compensa- tion to the District…

May 7, 1974 Opinion No. 74- 138 Honorable Al Schmidt Municipal Judge Municipal Court Council Grove, Kansas 66846 ,Dear Judge Schmidt: I apologize for the delay in writing after our telephone con- versation some weeks ago. I hope this response will not be untimely, despite the del…

May 2, 1974 Opinion No. 74-137 Mr. James DeCoursey Director Department of Economic Development State Office Building Topeka, Kansas 66612 Re: Public use of non-navigable streams flowing on or adjacent to privately owned property. Dear Mr. DeCoursey: You advise that a number of pr…

May 6, 1974 Opinion No. 74- 136 Daniel D. Metz Lincoln County Attorney Lincoln County Courthouse Lincoln, Kansas 67455 Dear Mr. Metz: You inquire concerning the proposed Sylvan Grove Rural Fire District. The question has arisen whether the board of county commissioners, as the go…

May 3, 1974 Opinion No. 74-135 Mr. Thomas W. Stockwell, Esq. Merriam City Attorney 9000 West 62nd Terrace Merriam, Kansas 66202 Re: Municipalities - Hiring of Police Officers Dear Mr. Stockwell: You have requested an opinion from this office relative to the legality of the City o…

April 30, 1974 Opinion No. 74-134 Mr. John T. Glassman, Deputy Director State Economic Opportunity Office State Capitol Building Topeka, Kansas 66612 RE: Revenue bonds for low-income housing projects. Dear Mr. Glassman: You have requested an opinion from this office relative to t…

May 2, 1974 Opinion No. 74- 133 Mr. Allan Hancock Assistant Director Governor's Commission on Alcoholism State Office Building Topeka, Kansas 66612 Dear Mr. Hancock: You advise that as part of a project by the Kansas Commission on Alcoholism, in conjunction with the federal gover…

April 29, 1974 Opinion No. 74- 132 Mr. Perry Murray Fuel Allocation Attorney Department of Economic Development 801 Harrison Topeka, Kansas 66612 Dear Mr. Murray: You advise that by executive order, Governor Docking has created the State of Kansas Fuel Allocation Office, and a Bo…

April 29, 1974 Opinion No. 74-131 Mr. Morris Moon Augusta City Attorney Augusta, Kansas 67010 Dear Mr. Moon: 4 You inquire concerning the validity and effect of certain annexation ordinances recently adopted by the City of Augusta. In Opinion No. 74-62, we considered the effectiv…

April 26, 1974 Opinion No. 74- 130 James R. Ward Assistant City Attorney Municipal Building 215 East 7th Street Topeka, Kansas 66603 Dear Mr. Ward: You inquire concerning the propriety of certain services fur- nished and expenditures incurred by the Topeka Water Department for wh…

VERN MILLER January 11, 1974 Attorney General Opinion No. 74-13 Gerald E. Jones Sanitarian Butler-Greenwood Bi-County Health Department Courthouse El Dorado, Kansas 67042 Dear Mr. Jones: K.S.A. 65-159 authorizes the state board of health and local boards of health, including join…

April 29, 1974 Opinion No. 74- 129 Jack L. Lively Coffeyville City Attorney Coffeyville, Kansas 67337 Dear Mr. Lively: You advise that on November 22, 1965, the City of Coffeyville, pursuant to Ordinance No. 5274, granted to Coffeyville Cable Construction, Inc., now Coffeyville C…

April 29, 1974 Opinion No. 74- 128 Richard A. Medley Montgomery County Attorney Montgomery County Courthouse Independence, Kansas 67301 Dear Mr. Medley: You advise that in June, 1973, Mid-America, Inc., of Parsons, Kansas, a nonprofit organization designed to promote a nine- coun…

April 29, 1974 Opinion No. 74 - 127 Carl O'Leary State Bank Commissioner Suite 600, 818 Kansas Ave. Topeka, Kansas Dear Commissioner O'Leary: You inquire concerning names which may properly be used by Kansas banks to identify and advertise detached auxiliary bank- ing service fac…

April 26, 1974 Opinion No. 74- 126 David S. Lord City Attorney of Arkansas City City Building Arkansas City, Kansas 67005 ,Dear Mr. Lord: K.S.A. 12-6a04 provides for the filing of a petition for any improvement authorized under the general improvement law. It provides further thu…

April 25, 1974 Opinion No. 74- 125 William H. Luginbill Chief of Police Seneca, Kansas 66538 Dear Chief Luginbill: I have your letter, requesting an opinion whether a city patrolman "can file for the office of sheriff and still retain his present job as a city patrolman." There i…

April 23, 1974 Opinion No. 74- 124 Mr. Malcolm G. Copeland Attorney at Law 708 Merchants National Bank Building Topeka, Kansas 66612 Dear Mr. Copeland: We have been advised by the State Treasurer's Office that you are serving as attorney for the administrator of the estate of Ado…

April 23, 1974 Opinion No. 74-123 Franklin R. Theis Chief Attorney Department of Administration State Capitol Topeka, Kansas 66612 Dear Mr. Theis: You inquire concerning K.A.R. 1-4-34, and its application to the following facts. The individual in question is and has been employed…

April 23, 1974 Opinion No. 74- 122 James T. McDonald Secretary of Revenue State Office Building Topeka, Kansas 66612 Dear Mr. McDonald: 'You have requested an opinion from this office regarding the inspection, copying and dissemination of motor vehicle title and registration reco…

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…

Opinion No. 74- 120 Mr. Donald D. Good, Esq. Osborne County Attorney Osborne County Courthouse Osborne, Kansas 67473 RE: Maximum mill levy for county hospitals: K.S.A. 1973 Supp. 19-1801, K.S.A. 1973 Supp. 19-1809 and K.S.A. 1973 Supp- 79-1947. Dear Mr. Good: You have requested f…

VERN MILLER, Attorney General January 17, 1974 Opinion No. 74- 12 Honorable Dan Bromley State Senator Senate Chamber Topeka, Kansas 66612 Dear Senator Bromley: You inquire first, whether naturopathy constitutes a healing art as defined by K.S.A. 65-2802. Subparagraph (a) thereof …

April 10, 1974 Opinion No. 74-119 Honorable Randall Palmer Representative Third District 802 S. Catalpa Pittsburg, Kansas 66762 Dear Representative Palmer: You request our opinion "whether or not 1974 Senate Bill 878 contains any constitutional defects or other errors in it upon …

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 15, 1974 Opinion No. 74- 115 Honorable Ross Doyen State Senator State Capitol Topeka, Kansas 66612 Dear Senator Doyen: K.S.A. 10-1117 states thus in pertinent part: "The clerk or secretary of every municipality shall keep a record of the amount of money in the treasury and …

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 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…

VERN MILLER Attorney General January 11, 1974 Opinion No. 74- 11 James R. Cobler, Director Division of Accounts and Reports 2nd Floor, Statehouse Topeka, Kansas 66612 Dear Mr. Cobler: You have presented for review several vouchers received by your office from Wichita State Univer…

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 …