Kansas AG Opinions — 1974

March 26, 1974 Opinion No. 74- 99 Elmer F. Anderson, Chairman Board of Dickinson County Commissioners Dickinson County Courthouse Abilene, Kansas 67410 Dear Mr. Anderson: We have your letter of February 26, 1974. You inquire concern- ing a portion of K.S.A. 28-820, which states t…

March 18, 1974 Opinion No. 74-98 Mr. Matthew J. Dowd, Esq. County Counselor, Shawnee County 115 East 7th Street Topeka, Kansas 66603 RE: K.S.A. 1973 Supp. 79-2017, 2018 and 2019. Dear Mr. Dowd: You have requested an opinion from this office interpreting the provisions of K.S.A. 1…

March 22, 1974 Opinion No. 74- 97 Firman G. Gladow Lyons City Attorney 114 East Ave. South Lyons, Kansas 67554 Dear Mr. Gladow: You inquire concerning the legal effect of certain proceedings of the City of Lyons, begun in 1948 pursuant to G.S. 1935 12-635 et seq. That section pro…

March 21, 1974 Opinion No. 74- 96 Kenton C. Granger Anderson, Granger, Nagels & Lastelic Capitol Federal Building Suite 306, 95th and Nall Overland Park, Kansas 66207 Dear Mr. Granger: We have your letter of March 7, concerning a proposed contract between Mission Fire District No…

March 20, 1974 Opinion No. 74- 95 Carl O'Leary State Bank Commissioner Suite 600 818 Kansas Avenue Topeka, Kansas Dear Commissioner O'Leary: You have forwarded to this office a request for our opinion concerning "on what basis the interest is to be computed on public funds under …

March 21, 1974 Opinion No. 74-94 Mr. John Dekker Director of Law Office of the City Attorney Suite 600 City Building Annex Wichita, Kansas 67202 Dear Mr. Dekker: Please excuse my long delay in responding to your letter of October 23, 1973. You inquire whether the Health Planning …

March 14, 1974 Opinion No. 74- 93 Honorable Charles Laird State Representative Suite 800 First National Bank Tower Topeka, Kansas 66603 Dear Representative Laird: You inquire concerning the legality of certain kinds of ex- penditures made or proposed to be made by boards of educa…

March 13, 1974 Opinion No. 74- 92 Honorable Kenneth J. Winters Chairman, Federal and State Affairs Committee House of Representatives State Capitol Topeka, Kansas 66612 Dear Representative Winters: You request my opinion "on what seems to be an inconsistency of regula- tion of ce…

March 13, 1974 Opinion No. 74- 91 Mr. Edgar Langsdorf Deputy Director Kansas State Historical Society 10th and Jackson Streets Topeka, Kansas 66612 Dear Mr. Langsdorf: You request our opinion relative to whether the Johnson County sewer maintenance tax on Shawnee Mission State Pa…

March 12, 1974 Opinion No. 74- 90 Henry Schwaller Secretary of Administration State Capitol Topeka, Kansas 66612 Dear Mr. Schwaller: I have a copy of your letter of February 18, 1974, addressed to Mr. Max Bickford, Executive Officer of the State Board of Regents. By copy directed…

VERN MILLER Attorney General January 14, 1974 Opinion No. 74- 9 Mr. John C. Johnson Attorney at Law 109 East Grand Hillsboro, Kansas 67063 Re: Fee for School Transportation Dear Mr. Johnson: This office concurs with the opinion you expressed to the superintendent of Unified Schoo…

March 13, 1974 Opinion No. 74- 89 James R. Cobler, Director Division of Accounts and Reports Department of Administration State Capitol Topeka, Kansas 66612 Dear Mr. Cobler: Ch. 106, § 1(a), L. 1973, now found at K.S.A. 20-2801, states thus: "Notwithstanding any other provision o…

March 12, 1974 Opinion No. 74- 881 Mr. Robert Reeder Attorney at Law Reeder Building Troy, Kansas Dear Mr. Reeder: As counsel for the Elwood-Gladden Drainage District in Doniphan County, you inquire concerning the qualifications for electors established by K.S.A. 24-410, which st…

March 13, 1974 Opinion No. 74- 87 J. Byron Meeks Edwards County Attorney P.O. Box 228 Kinsley, Kansas 67547 Dear Mr. Meeks: You advise that the chairman of the Board of County Commissioners of Edwards County is a stockholder and member of the board of directors of the Home State …

March 12, 1974 Opinion No. 74- 86 Mr. Richard Camp Cowley County Attorney Cowley County Courthouse Winfield, Kansas 67156 Dear Mr. Camp: In 1971, you requested my opinion whether liquor might be sold during a bond election. K.S.A. 41-712 forbids the sale at re- tail of any alcoho…

March 12, 1974 Opinion No. 74- 85 C. C. "Kirk" Hammer Director Food Service & Lodging Board 801 Harrison Topeka, Kansas 66612 Dear Mr. Hammer: K.S.A. 36-106 prescribes that "[a] duplicate license shall be issued to any otherwise qualified licensee upon notice of the loss thereof …

March 12, 1974 Opinion No. 74- 84 C. F. Howe Assistant Administrator Kansas State Dept. of Credit Unions 234 Kansas Avenue Topeka, Kansas 66603 Dear Mr. Howe: You state that a member of the Credit Union Council, created pursuant to K.S.A. Supp. 17-2232, was appointed to fill an u…

March 12, 1974 Opinion No. 74- 83 B. E. Whalen Sherman County Attorney Sherman County Courthouse Goodland, Kansas Dear Mr. Whalen: You advise that the county commissioners of Sherman County, Kansas, have received a statement from the county commissioners of Kit Carson County, Col…

March 8, 1974 Opinion No. 74-8 2 John V. Black Attorney at Law 306 South Oak Pratt, Kansas 67124 Dear Mr. Black: You advise that in June, 1973, a board of education in your jurisdiction extended the contract of the superintendent of schools, then to expire on July 1, 1974, for on…

March 8, 1974 Opinion No. 74-81 Ms. Helen Leuszler Register of Deeds Osage County Courthouse Lyndon, Kansas 66451 Dear Ms. Leuszler: You request our opinion concerning the proper charge for re- cording a deed and a consent. K.S.A. 1972 Supp. 28-115 prescribes the fees to be charg…

March 8, 1974 Opinion No. 74- 80 Bernis G. Terry Attorney at Law P.O. Box 745 Olathe, Kansas 66061 Dear Mr. Terry: You submit the proposed draft of an ordinance providing for the cooperative establishment of an animal control commission by cities in Johnson County, Kansas. The pr…

VERN MILLER Attorney General January 14, 1974 Opinion No. 74- 8 Dan E. Turner Topeka City Attorney Municipal Building 215 East 7th Street Topeka, Kansas 66603 Dear Mr. Turner: You advise that a question has been raised as to whether a political subdivision and more specifically, …

March 8, 1974 Opinion No. 74- 79 Sherman A. Parks, Attorney Office of Secretary of State State Capitol Topeka, Kansas 66612 Dear Mr. Parks: Section 4(a) of ch. 54, L. 1972, as amended by section 2 of ch. 55, L. 1972, effective July 1, 1972, and now found at K.S.A. 17-7504, states…

March 8, 1974 Opinion No. 74- 7s Frank L. Johnson Chief Attorney Legal Department State Highway Commission State Office Building Topeka, Kansas 66612 Dear Mr. Johnson: You inquire concerning K.S.A. 68-411 which states thus: "The state highway commission shall make partial payment…

h7,1974 c Opinion No. 74- 77 Mr. C. Fred Lorentz, Esq. Wilson County Attorney 430 North 7th Fredonia, Kansas 66736 RE: Opinion request for definition of "contiguous land" and "tract of land" (K.S.A. 82a-405 and K.S.A. 1973 Supp. 82a-409) Dear Mr. Lorentz: You have requested from …

March 5, 1974 Opinion No. 74- 76 Mr. Alvin Bauman Nemaha County Clerk Nemaha County Courthouse Seneca, Kansas 66538 Dear Mr. Bauman: You inquire whether voter registration records are open to public inspection under K.S.A. 45-206, or whether access to these records is limited to …

March 4, 1974 Opinion No. 74- 75 Mr. Barry L. Arbuckle Assistant District Attorney Office of the District Attorney 18th Judicial District Sedgwick County Courthouse 525 North Main Wichita, Kansas 67203 Dear Mr. Arbuckle: In your letter of October 10, 1973, you inquire whether the…

March 5, 1974 Opinion No. 74-74 The Honorable T. D. Saar, Jr. State Senator, 13th District State Capitol Building Topeka, Kansas Dear Senator Saar: You request an interpretation of K.S.A. 1973 Supp. 75-1215 and K.S.A. 1973 Supp. 75-1220(b). This letter will only answer your reque…

March 1, 1974 Opinion No. 74-73 Honorable Robert F. Bennett President, Kansas Senate State Capitol Topeka, Kansas 66612 Honorable Duane S. McGill Speaker, House of Representatives State Capitol Topeka, Kansas 66612 Gentlemen: You advise that Governor Docking has furnished three e…

February 22, 1974 Opinion No. 74- 72 Honorable T. D. Saar, Jr. State Senator State Capitol Topeka, Kansas 66612 Dear Senator Saar: You advise that several recent instances may have occurred in which rail carriers operating within the State of Kansas have unilaterally made changes…

February 22, 1974 Opinion No. 74- 71 Roy S. Bennett, Jr. City Attorney of Lake Quivira P.O. Box 3205 Shawnee, Kansas 66203 Dear Mr. Bennett: You inquire whether the City of Lake Quivira may lease a pick-up truck owned by the City and purchased for road maintenance, to a private c…

February 22, 1974 Opinion No. 74- 70 John E. Fierro Ford County Attorney Ford County Courthouse Box 995 Dodge City, Kansas 67801 Dear Mr. Fierro: You ask for an interpretation of Section 1(a) of 1973 House Bill No. 1315, now appearing at K.S.A. 1973 Supp. 65-2891. Said section pr…

VERN MILLER Attorney General January 14, 1974 Opinion No. 74- 7 Mrs. Mary F. Hope Commissioner of Elections Shawnee County Court House Topeka, Kansas 66603 Dear Mrs. Hope: K.S.A. 24-410 states in pertinent part thus: "Within five days after any drainage district shall have been i…

February 26, 1974 Opinion No. 74- 69 Honorable Kenneth J. Winters Chairman Federal & State Affairs Committee House of Representatives State Capitol Topeka, Kansas 66612 Dear Representative Winters: You inquire, first, whether the Kansas Legislature may "con- stitutionally restric…

February 22, 1974 Opinion No. 74- 68 Gene H. Sharp Vance, Hobble, Neubauer, Nordling & Sharp Attorneys, City of Kismet P.O. Drawer 1 Liberal, Kansas 67901 Dear Mr. Sharp: You advise that the City of Kismet is considering the adoption of an ordinance permitting city authorities to…

February 22, 1974 Opinion No. 74- 67 Leighton A. Fossey Counsel, Big Sugar Creek Watershed Joint District #53 425 Main Mound City, Kansas 66056 Dear Mr. Fossey: We have your letter of February 6, 1974, posing several ques- tions concerning the conduct of elections under K.S.A. 24…

February 22, 1974 Opinion No. 74- 66 Granville M. Bush Sterling City Attorney 124 S. Broadway Lyons, Kansas 67554 Dear Mr. Bush: As city attorney for the City of Sterling, and as attorney for Unified School District No. 376, you inquire concerning K.S.A. 12-1901 et seq. You advis…

February 22, 1974 Opinion No. 74- 65 Howard M. Wilson Norton County Attorney Norton, Kansas Dear Mr. Wilson: You inquire whether a regional mental health center which is supported partially by county tax funds, federal grants and patient fees is bound by the statutory mileage lim…

February 22, 1974 Opinion No. 74- 64 Mr. Wayne A. Schwartz, President Hays Firefighters Assn., Local 2119 P.O. Box 372 Hays, Kansas 67601 Dear Mr. Schwartz: You request our opinion relative to whether a work "slow-down" could constitute a strike within the meaning of K.S.A. 1973 …

February 20, 1974 Opinion No. 74- 63 Mr. Joseph W. Zima Legal Advisor Shawnee County Sheriff's Department Courthouse Topeka, Kansas 66603 Re: K.S.A. 1973 Supp. 22-4603 Dear Mr. Zima: You have asked for our opinion as to whether the tasks or work performed within the jail by trust…

February 12, 1974 Opinion No. 74-62 Mr. Morris Moon 103 East 5th Augusta, Kansas 67010 Dear Mr. Moon: You inquire concerning K.S.A. 12-523, which states thus: "Annexation ordinances of cities shall take effect on publication as provided by law, except that any annexation ordinanc…

February 15,,1974 Opinion No. 74- 61 Mr. Charles Frickey Decatur County Attorney 106 South Pennsylvania Oberlin, Kansas 67749 RE: Abolition of requirement for corporate seal as it pertains to mortgage releases executed by domestic corporations. Dear Mr. Frickey: You have requeste…

Februar 15, 1974 Opinion No. 74- 60 Mr. James R. Strong Senior Assistant Regional Counsel U.S. Postal Service Memphis, Tennessee 38166 Dear Mr. Strong: You request our opinion relative to the requirement for regis- tration of vehicles leased to the U.S. Postal Service by private …

VERN MILLER Attorney General January 14, 1974 Opinion No. 74- 6 Mr. Virgil Hollis Suite 251, Executive Building 4121 W. 83rd Prairie Village, Kansas 66208 Dear Virgil: We have your letter of January 2, 1974, regarding the ii-censure of polygraph examiners under the provisions of …

February 15, 1974 Opinion No. 74- 59 Bert Cantwell Wyandotte County Sheriff 710 N. Seventh Kansas City, Kansas 66101 Dear Sheriff Cantwell: We have received your letter concerning the status of an ap- pointed sheriff prior to and during his attendance at the Basic Training School…

February 15, 1974 Opinion No. 74- 5 8 Mr. John Ivan Administrative Assistant Office of the Governor State Capitol Topeka, Kansas 66612 Dear Mr. Ivan: You inquire whether any conflict of interest or incompatibility exists between a position as member of the Kansas Civil Rights Com…

February' 15, 1974 Opinion No. 74- 57 James W. Putnam Madison City Attorney 14 West 6th - Box 604 Emporia, Kansas 66801 Dear Mr. Putnam: You request our opinion concerning section 14-201 of the Madison, Kansas, city code which states in pertinent part thus: "WATER RATES FOLLOWING…

February `15, 1974 Opinion No. 74-56 Honorable Fletcher Bell Secretary Kansas Judges Retirement Board State Office Building Topeka, Kansas 66612 Dear Mr. Bell: You state that Mr. Glen M. Fowler, an official court reporter, was declared disabled by the Kansas Supreme Court and pla…

February 14, 1974 Opinion No. 74- 55 Clark M. Fleming Attorney for Rural Water District #4, Neosho County Legal Building Erie, Kansas 66733 Dear Mr. Fleming: You advise that on December 6, 1971, pursuant to the authority of K.S.A. 82a-622, there was attached to Rural Water Distri…

February 13, 1974 Opinion No. 74- 54 Daniel F. Meara Assistant City Attorney One East Third Street Fort Scott, Kansas 66701 Dear Mr. Meara: As Assistant City Attorney for the City of Fort Scott, you advise that the city recently conducted a personnel study of its employees with t…