Kansas AG Opinions — 1975

March 7, 1975 Opinion No. 75- 99 Harold C. Rohmiller, Director Division of Property Valuation State Office Building Topeka, Kansas 66612 RE: K.S.A. 79-3901 et seq. Dear Sir: You ask if "feed", assuming it is a "mixture of grains and/or supplements", is assessable, and if it would…

March 6, 1975 Opinion No. 75- 98 Ms. Donna M. Kaiser County Election Officer Dickinson County Courthouse Abilene, Kansas 67410 Dear Ms. Kaiser: You inquire, first, whether the Board of County Commissioners has any authority to determine who the county election officer appoints as…

March 6, 1975 Opinion No. 75- 97 Mr. William Harris Division of Taxation Department of Revenue State Office Building Topeka, Kansas 66612 Dear Mr. Harris: You have requested an opinion on your proposed forms which will be sent to applicants for licenses to conduct bingo games. Si…

March 6, 1975 Opinion No. 75- 96 Mr. Douglas S. Wright Assistant City Attorney Municipal Building 215 East 7th Street Topeka, Kansas 66603 Dear Mr. Wright: You inquire concerning the constitutionality of K.S.A. 25-903, which provides in pertinent part thus: "It shall be unlawful …

March 4, 1975 Opinion No. 75- 95 Robert R. Raines Secretary of Corrections 5th Floor, KPL Towers 818 Kansas Avenue Topeka, Kansas Dear Mr. Raines: Your letter raises a number of questions concerning the sentencing process and I will respond to them in the order presented. Initial…

March 5, 1975 Opinion No. 75- 94 Mr. Wilbur S. Stakes, Jr, Attorney At Law 100 Highland Road Lansing, Kansas 66043 Dear Mr. Stakes: You requested an opinion from this office concerning whether the city, through use of industrial revenue bonds, may finance a recreational facility …

March 3, 1975 Opinion No. 75- 9 3 The Honorable Jim Parrish State Senator 3rd Floor - State Capitol Building Topeka, Kansas 66612 Dear Senator Parrish: You inquire concerning 1975 Senate Bill No. 216, which proposes to amend K.S.A. 72-8118a. That section presently commences thus:…

March 4, 1975 Opinion No. 75-92 Mr. Henri Fournier, Executive Director Kansas State Board of Cosmetology 630 Kansas Avenue Topeka, Kansas 66603 Dear Mr. Fournier: You ask my opinion as to whether the Board of Cosmetology is required to invoke the provisions of Board Regulation 69…

March 4, 1975 Opinion No. 75- 91 Mr. Anthony D. Lopez Executive Director Commission on Civil Rights 535 Kansas Avenue Topeka, Kansas 66603 Dear Mr. Lopez: We have your letter of February 11, 1975, calling our attention to efforts by an individual in Kingman, Kansas, to solicit in…

March 3, 1975 Opinion No. 75-90 Mr. Charles L. Frickey Decatur County Attorney Oberlin, Kansas 67749 Dear Mr. Frickey: This is to confirm our conversation in regard to your inquiry concerning the definition of the phrase, "implement of husbandry". Local feedlot operations which t…

January 9, 1975 Opinion No. 75- 9 Ms Martha Kellogg Probate Judge Phillips County Phillipsburg, Kansas 67061 Dear Judge Kellogg: You inquire whether fees of an attorney appointed by the court to represent an indigent defendant in a criminal proceeding in county court may be asses…

March 3, 1975 Opinion No. 75- 89 The Honorable Duane S. McGill Speaker of the House House of Representatives 3rd Floor - State Capitol Building Topeka, Kansas 66612 Dear Speaker McGill: You advise that the Federal and State Affairs Committee of the House of Representatives has vo…

February 28, 1975 Opinion No. 75- 88 Mr. Benjamin E. Franklin Board of Public Utilities 454 New Brotherhood Building Kansas City, Kansas 66101 Dear Mr. Franklin: You advise that the Board of Public Utilities of Kansas City, Kansas, is in the process of constructing a new power pl…

February 27, 1975 Opinion No. 75- 87 The Honorable John F. Hayes State Representative 3rd Floor - State Capitol Building Topeka, Kansas 66612 Dear Representative Hayes: K.S.A. 19-228 presently provides in pertinent part as follows: "The board of county commissioners shall cause t…

February 27, 1975 Opinion No. 75- 86 Mr. Rodney L. Turner Assistant City Attorney Ninth Floor - Municipal Office Building One Civic Center Plaza Kansas City, Kansas 66101 Dear Mr. Turner: We have your letter of February 18, concerning one portion of Opinion No. 75-34, and its app…

February 19, 1975 Opinion No. 75- 85 Mr. Lowell Long State Director of Personnel Division of Personnel Department of Administration 801 Harrison Topeka, Kansas 66612 Dear Mr. Long: You advise that the University of Kansas has submitted a payroll claim on behalf of a faculty membe…

February 19, 1975 Opinion No. 75- 84 Mr. James R. Cobler, Director Division of Accounts and Reports Department of Administration 2nd Floor - State Capitol Building Topeka, Kansas 66612 Dear Mr. Cobler: You inquire concerning authority for payment of vouchers submitted by officers…

February 28, 1975 Opinion No. 75- 83 Honorable Robert Bennett Governor, State of Kansas The State Capitol Building Topeka, Kansas Dear Governor Bennett: You advise that it is alleged that for nearly fifty years, the Southwestern Bell Telephone Company has followed a practice of f…

February 27, 1975 Opinion No. 75- 82 Mr, Herman H. Josefiak Assistant State Treasurer 535 Kansas Avenue Topeka, Kansas 66603 RE: K.S.A. 1974 Supp. 75-4201(q) and 1974 Supp. 75-4218; Newton Creative Housing Subordinated Revenue Bonds (Series 1974) Dear Mr. Josefiak: You have reque…

February 24, 1975 Opinion No. 75- 81 The Honorable Bert Chaney State Senator 3rd Floor - State Capitol Building Topeka, Kansas 66612 Dear Senator Chaney: In Opinion No. 71-191, Attorney General Vern Miller considered the question whether a school board member has the privilege of…

ATTORNEY GENERAL OPINION NO. 75-80 VOID

January 9, 1975 Opinion No. 75- 8 Mr. Chester A. Fleming Attorney at Law 914 Locust Eudora, Kansas 66025 Dear Mr. Fleming: As chairman of the Eudora Public Library Board of Eudora Township, Eudora, Kansas, you inquire whether competitive bids are necessary under a general bid law…

February 25, 1975 Opinion No. 75- 79 Ms. Dorothy M. Chapman Logan County Clerk Logan County Courthouse Oakley, Kansas 67748 Dear Ms. Chapman: K.S.A. 25-2309(a) provides that in order to register to vote, one must apply therefor, "by giving his name, place of residence and such ot…

February 25, 1975 Opinion No. 75- 78 The Honorable J. Santford Duncan State Representative 3rd Floor - State Capitol Building Topeka, Kansas 66612 The Honorable Marian K. Reynolds State Representative 3rd Floor - State Capitol Building Topeka, Kansas 66612 Dear Representatives Du…

February 24, 1975 Opinion No. 75- 77 The Honorable Fred W. Rosenau State Representative 3rd Floor - State Capitol Building Topeka, Kansas 66612 Dear Representative Rosenau: You have asked for an opinion as to whether it is legal to revoke a driver's license if the driver has no i…

February 24, 1975 Opinion No. 75- 76 Mr. Max Bickford, Executive Officer Kansas Board of Regents Suite 1416 - Merchants National Bank Tower Topeka, Kansas 66612 Dear Mr. Bickford: In your letter of January 29, 1975, you state that the Board has traditionally ruled that a foreign …

February 24, 1975 Opinion No. 75- 75 The Honorable Paul Hess State Senator 3rd Floor - State Capitol Building Topeka, Kansas 66612 The Honorable Sharon Hess State Representative 3rd Floor - State Capitol Building Topeka, Kansas 66612 Dear Mr. and Mrs. Hess: As a member of the Kan…

February 18, 1975 Opinion No. 75- 74 Ms. Margaret Jordan Johnson County, District Attorney Johnson County Courthouse Olathe, Kansas 66061 Dear Ms. Jordan: K.S.A. 25-903 provides in pertinent part thus: "It shall be unlawful for any candidate for nomination or for the election to …

February 20, 1975 Opinion No. 75- 73 The Honorable John Crofoot State Senator 3rd Floor - State Capitol Building Topeka, Kansas 66612 Dear Senator Crofoot: You inquire concerning 1975 Senate Bill 164, which proposes to amend K.S.A. 75-3739. In particular, you point out that there…

February 17, 1975 Opinion No. 75- 72 Mr. Larry R. Mears Atchison County Attorney Atchison County Courthouse Atchison, Kansas 66002 Dear Mr. Mears: You advise that the Atchison County Board of County Commissioners is considering changing the payment of salaries and wages to county…

February 17, 1975 Opinion No. 75- 71 Mr. Tim W. Ryan County Attorney 509 Court Street Clay Center, Kansas 67432 Dear Mr. Ryan: You inquire concerning K.S.A. 17-1914, -1915, and -1916, which deal with permits to move houses. In particular, you inquire whether it is necessary for a…

February 17, 1975 Opinion No. 75- 70 The Honorable Elwill M. Shanahan Secretary of State 2nd Floor - State Capitol Building Topeka, Kansas 66612 Attn: Mr. Sherman Parks Dear Secretary Shanahan: K.S.A. 17-1739 et seq. is a regulatory act concerning the solicitation and collection …

January 8, 1975 Opinion No. 75-7 Mr. Phillip M. Fromme Coffey County Attorney 100 North 3rd Burlington, Kansas 66839 RE: Mortgage registration fee; K.S.A. 1974 Supp. 79-3102 and K.S.A. 79-3105 Dear Mr. Fromme: You have requested from this office an opinion relative to the applica…

February 17, 1975 Opinion No. 75- 69 Mr. Erle W. Francis Francis and Francis Suite 716, Capitol Federal Building 700 Kansas Avenue Topeka, Kansas 66603 Dear Mr. Francis: On behalf of Mr. Harold Crist, member of the State Board of Education, you inquire whether teachers may "use s…

February 17, 1975 Opinion No. 75- 68 Mr. Steven L. Opat Dickinson County Attorney Sunflower Building Abilene, Kansas 67410 Dear Mr. Opat: You advise that a question has arisen concerning liability for the costs of materials and other expenses involved in the registration of voter…

February 17, 1975 Opinion No. 75- 67 Mr. John K. Corkhill Executive Secretary Kansas Public Employees Retirement System 400 First National Bank Tower One Townsite Plaza Topeka, Kansas 66603 Dear Mr. Corkhill: You inquire whether elected officials who are already members of the Ka…

February 14, 1975 Opinion No. 75- 66 The Honorable Lynn W. Whiteside State Representative 3rd Floor - State Capitol Building Topeka, Kansas 66612 Dear Representative Whiteside: You inquire concerning Resolution HR-2-75, recently adopted by the Board of County Commissioners of Sha…

February 12, 1975 Opinion No. 75- 65 Mr. R. G. Henley, Director Municipal Audit Program 11th Floor - State Office Building Topeka, Kansas 66612 Re: K.S.A, 1974 Supp. 10-1116 Dear Mr. Henley; You have requested an opinion from this office interpreting the phrase, "when provision h…

February 11, 1975 Opinion No. 75-64 Mr. V. James Sherer Director of Admissions Dodge City Community College Dodge City, Kansas 67801 Dear Mr. Sherer: In your letter of January 16, you requested an opinion on the le- gality of the action taken by the Board of Trustees of Dodge Cit…

February 14, 1975 Opinion No. 75- 63 Richard C. "Pete" Loux Loren H. Hohman II, State Representatives Statehouse Topeka, Kansas 66612 RE: Proposed constitutional amend- ments to tax agricultural and residential properties. Dear Sirs: Your letter of February 5, 1975, has attached …

February 14, 1975 Opinion No. 75- 62 Ms. Ernestine Gilliland State Librarian Kansas State Library State Capitol Building Topeka, Kansas 66612 Dear Ms. Gilliland: K.S.A. 75-2556, of the State Grants-in-Aid to Libraries Act, K.S.A. 75-2553 et seq., effective July 1, 1974, provides …

February 13, 1975 Opinion No. 75-61 Mr. Jay Don Reynolds Gray County Attorney 105 Main Cimarron, Kansas 67835 Dear Mr. Reynolds: You advise that you are presently county attorney of Gray County, Kansas. In addition, you are also the appointed municipal judge in the City of Scott …

February 12, 1975 Opinion No. 75- 60 The Honorable Michael G. Glover State Representative 3rd Floor - State Capitol Building Topeka, Kansas 66612 Dear Representative Glover: You inquire whether Douglas County may in the exercise of its county home rule powers under K.S.A. 19-101a…

January 6, 1975 Opinion 75 - 6 Mr. Daniel D. Metz Lincoln County Attorney Lincoln, Kansas 67455 Dear Mr. Metz: We have your request concerning the applicability of Chapter 110 of the 1974 Session laws to the setting of salaries of elected county officials as set forth in Chapter …

February 12, 1975 Opinion No. 75-59 Mr. Larry D. Ehrlich Russell County Attorney Russell County Courthouse Russell, Kansas 67665 Dear Mr. Ehrlich: We have your letter of February 10. I enclose a copy of Opinion No. 74-382, which you have requested. In addition, you inquire whethe…

February 12, 1975 Opinion No. 75- 58 Mr. Michael F. McCurdy Crawford County Attorney Crawford County Courthouse Girard, Kansas 66743 Dear Mr. McCurdy: You inquire whether, in the exercise of county home rule powers under K.S.A. 19-101a, the board of county commissioners may by ch…

February 10, 1975 Opinion No. 75- 5 7 Mr. Steven W. Rogers City Attorney of Fredonia 731 Madison Fredonia, Kansas 66736 Dear Mr. Rogers: You advise in your letter of January 22 that some question has arisen as to the interpretation to be given Section 37 of the Standard Traffic O…

February 10, 1975 Opinion No. 75- 56 Mr, Gene M. Olander District Attorney Shawnee County Courthouse Topeka, Kansas 66603 Dear Mr. Olander: This is a response to your request for our opinion regarding the possible conflict between PL-93-380, 20 USC 821 and K.S.A. 38-717 (1974 Sup…

February 10, 1975 Opinion No. 73- 55 The Honorable Edward F. Reilly, Jr. State Senator 3rd Floor - State Capitol Building Topeka, Kansas 66612 Dear Senator Reilly: K.S.A. 75-2953(b) provides thus: "Any officer or employee in the state classified service shall resign from the serv…

February 10, 1975 Opinion No. 75- 54 Colonel Allen Rush Superintendent Kansas Highway Patrol State Office Building Topeka, Kansas 66612 Dear Colonel Rush: You have requested a formal opinion to determine whether or not a "wig-wag" warning light system may be used on authorized em…