Category: Kansas Attorney General Opinions

Steven A. Kraushaar Attorney General of Kansas — Opinion July 16, 1993 Re: Crimes and Punishments; Kansas Criminal Code; Prohibited Conduct — Crimes Involving Violations of Personal Rights — Breach of Privacy; Recording of Incoming Telephone Conversations Synopsis: A sheriff’s department may tape record telephone conversations between a person and an employee of the sheriff’s […]

Robert W. Fairchild Attorney General of Kansas — Opinion September 1, 1994 Re: Cities and Municipalities — Planning and Zoning; Planning, Zoning and Subdivision Regulations in Cities and Counties — Subdivision Regulations Affecting Property Outside the City; Dedication of Land for Public Purpose Synopsis: The “governing body” referenced in K.S.A. 12-752(c), with respect to the […]

Timothy G. Madden Attorney General of Kansas — Opinion July 10, 1998 Re: Public Health — Acquired Immune Deficiency Syndrome (Aids) and Hepatitis B; HIV Infection and Hepatitis B — Physician Authorized to Disclose HIV or Hepatitis B Infection to Certain Corrections Employees; Confidentiality; Immunity in Judicial Proceedings Synopsis: Pursuant to K.S.A. 1997 Supp. 65-6016, […]

The Honorable Kent Glasscock Attorney General of Kansas — Opinion September 17, 1998 Re: Public Health — Regulation of Dentists and Dental Hygienists — Act Inapplicable to Certain Practices, Acts and Operations; Definitions; Authorized Practice of Unlicensed Dental Assistants Synopsis: 1998 House Bill No. 2724 (L. 1998, Ch. 141, § 1) amends K.S.A. 1997 Supp. […]

Mr. Meredith Williams Attorney General of Kansas — Opinion April 20, 1994 Re: State Boards, Commissions and Authorities — Public Employees Retirement Systems; Kansas Public Employees Retirement System — Powers and Duties of Board and Investment Committee; Confidentiality of Member’s Account and Records, Exception; Kansas Open Records Act Synopsis: Subsection (10) of K.S.A. 74-4909 precludes […]

Keith E. Schroeder Attorney General of Kansas — Opinion March 29, 2005 Re: Crimes and Punishments — Kansas Criminal Code; Crimes Affecting Governmental Functions — Obstructing Legal Process or Official Duty; School District Officials; Interviews of Pupils on School Grounds Schools — General Provisions Relating to School Districts — Control of School Property; Pupils; Interviews […]

KERRY M. GASPER Attorney General of Kansas — Opinion February 8, 2007. Re: Schools — School Unification Acts — Board Member District Boundaries; Adjustment; Compact and Equal In Population; Five Percent Variance Schools — Boards of Education-Change of Method of Election — Right To Change Voting Plan or Method; Plan of Change When District Method […]

Mr. Laurence A. Taylor Attorney General of Kansas — Opinion August 4, 1997 Re: Automobiles and Other Vehicles — Seat Belts — Safety Belt Use Act; Passenger Car Defined; Vehicles Equipped for Occasional Off-Road Operation Synopsis: The Safety Belt Use Act exempts operators of vehicles equipped with “special features for occasional off-road operation” from the […]

Larry Welch, Director Attorney General of Kansas — Opinion March 4, 1998 Re: State Departments; Public Officers and Employees — Private Investigative or Security Operations — Detective Business; Polygraph Examinations Synopsis: An investigation consists of the process of inquiring into or tracking down through inquiry with systematic attention to detail and relation. A polygraph examination […]

The Honorable Lance Kinzer Attorney General of Kansas — Opinion June 9, 2009. Re: Constitution of the State of Kansas — Finance and Taxation — Internal Improvements; National Association of State Workforce Agencies (NASWA); America’s Job Link Alliance-Technical Support (AJLA-TS) State Boards, Commissions and Authorities — Department of Commerce and Housing — Authorization to Contract […]

Lawrence T. Buening, Jr. Attorney General of Kansas — Opinion May 5, 1993 Re: Public Health — Healing Arts — Kansas Healing Arts Act — Definitions Public Health — Physical Therapy — Physical Therapists Practicing in Accordance With Law Not Subject to Healing Arts Act Synopsis: In accordance with the legislative intent evidenced by statutory […]

Mr. Steve Hirsch Attorney General of Kansas — Opinion January 18, 1994 Re: Taxation — Sale of Personal Property for Taxes — Collection of Delinquent Taxes; Tax Lien; Authority of County to Sell Tax Liens Synopsis: Counties may sell final judgment liens which arise under the provisions of K.S.A. 1992 Supp. 79-2101 pertaining to the […]

Delton M. Gilliland Attorney General of Kansas — Opinion April 20, 1995 Re: Counties and County Officers — County Commissioners — Sale or Disposition of County Property; Conveying Park Property to a City Cities and Municipalities — General Provisions — Corporate Powers; Home Rule of Local Affairs; Accepting Gift of Park from a County Synopsis: […]

John A. Potucek II Attorney General of Kansas — Opinion June 30, 2008. Re: State Boards, Commission and Authorities — State Lottery — Kansas Lottery Act; Kansas Expanded Lottery Act; Restrictions on State and Local Officials; Penalties; Use of Official Authority to Influence the Decision of the Lottery Gaming Facility Review Board Synopsis: The provision […]

James R. Cobler Attorney General of Kansas — Opinion March 16, 1994 Re: Schools — Organization, Powers and Finances of Boards of Education — Treasurer; Appointment and Duties; Gate Receipts Synopsis: Receipts collected upon admission to school-sponsored competitions or events such as athletic or music competitions are moneys of a unified school district. Deposits and […]

Mr. John Smith, Administrator Attorney General of Kansas — Opinion May 26, 1995 Re: Corporations — Merger or Consolidation — Merger or Consolidation of Domestic Nonstock Corporations; Credit Unions Synopsis: A nonprofit nonstock corporation such as a credit union may merge or consolidate with another type of financial institution whether that institution is for profit […]

John D. Gatz, Counsel. Attorney General of Kansas — Opinion December 15, 2006 Re: Schools — Transportation of Students — School Bus Use for Purposes Other than Pupil Transportation; Policy for Provision Authorized Synopsis: When adopting policies pertaining to use of district-owned or leased school buses, when those buses are not being used for regularly […]

Stephen T. Adams Attorney General of Kansas — Opinion October 29, 1993 Re: State Departments; Public Officers and Employees — Public Officers and Employees; Open Public Meetings — Meeting Defined; Quorum Change; Recreation Commission Synopsis: Absent express or implied authority within the enabling statutes, or any general grant of authority such as home rule, the […]

Leonard L. Buddenbohm Attorney General of Kansas — Opinion July 21, 2006. Re: Roads and Bridges — General Provisions — Laying Out and Opening Roads; Viewers; Notice of View; Duties of County Surveyor; Viewing, Surveying, Laying Out, Altering or Vacating Road Synopsis: Neither K.S.A. 68-104 nor 68-106 requires a survey or the assistance of a […]

The Honorable Karin Brownlee Attorney General of Kansas — Opinion January 6, 2003 Re: State Departments; Public Officers and Employees — Information Technology — KAN-ED; Purpose of Act; Purposes for Which Network Not a Provider; Faxing Synopsis: Until such time as the Kansas Board of Regents adopts regulations stating otherwise, communications, materials and information related […]

William W. Jeter Attorney General of Kansas — Opinion February 5, 1997 Re: Counties and County Officers — County Commissioners; Powers and Duties — Powers of Board of Commissioners Counties and County Officers — Sheriff — Deputies and Undersheriffs; Limitation of Personnel Action Synopsis: The development of personnel policies that create implied contracts specifying tenure […]

The Honorable Clyde D. Graeber Attorney General of Kansas — Opinion March 24, 1995 Re: Cities and Municipalities — General Provisions — Countywide and City Retailers’ Sales Taxes; Sunset Provision Synopsis: A countywide retailers’ sales tax may be imposed for a fixed term without the necessity of repealing the resolution authorizing the levy. Furthermore, a […]

The Honorable Richard Alldritt Attorney General of Kansas — Opinion March 21, 2000 Re: Public Health — Abortion — Abortion Prohibited When Fetus Viable, Exceptions; Exception for Maternal Mental Health Synopsis: The United States Supreme Court has found that a state statute prohibiting post-viability abortion does not have to specifically contain the words “mental health” […]

The Honorable Phil Martin Attorney General of Kansas — Opinion May 17, 1994 Re: Schools — Organization, Powers and Finances of Boards of Education — School District Officers and Employees; Appointment; Nepotism Policy Synopsis: Under the circumstances presented, the nepotism policy adopted by unified school district no. 249 serves the valid purpose of preventing conflicts […]

Philip E. Winter Attorney General of Kansas — Opinion February 15, 1994 Re: Counties and County Officers — Fire Protection — Organization of Fire Districts; Resolution Taxation — Correction of Irregularities — Correction of Clerical Errors by Board of County Commissioners; Refund, Cancellation or Credit of Overpayments of Taxes Based on Errors Synopsis: A clerical […]

The Honorable Shari Weber Attorney General of Kansas — Opinion August 3, 1995 Re: Schools — School District Finance and Quality Performance — Local Option Budget; Supplemental General Fund; Use of Funds Synopsis: Funds raised through adoption of a local option budget are deposited in the supplemental general fund of the unified school district and […]

Lynda Scheele, Mayor Attorney General of Kansas — Opinion April 23, 2001 Re: Cities of the Second Class — Board of Commissioners — Mayor or Commissioner Holding Other Office; Appointment of Former Commissioner to Office of City Attorney Synopsis: Based upon the information provided to this office, K.S.A. 14-1302 does not prohibit the Abilene City […]

H. Scott Beims Attorney General of Kansas — Opinion August 2, 1999 Re: Counties and County Officers — Hospitals and Related Facilities — County Hospitals; Revenue Bonds; Pledge of Certain Revenues; Covenants and Agreements Synopsis: Under K.S.A. 19-4601 et seq. and the authorizing bond resolution implementing the Act, the Rawlins County Commission must make full […]

Tim J. Larson, Counsel Attorney General of Kansas — Opinion November 27, 2007. Re: Intoxicating Liquors and Beverages — Licensing and Related Provisions; City Option; Retailers License, Premises Within City; Repealing Ordinance Prohibiting Licensure to Sell at Retail Packaged Alcoholic Liquor Synopsis: There is no provision in the Kansas Liquor Control Act allowing the Director […]

H. Scott Beims, Attorney Attorney General of Kansas — Opinion July 7, 2004 Re: Counties and County Officers — Hospitals and Related Facilities — Tax Levy, Increase; Bonds; Use of Proceeds; Limitations Taxation — Aggregate Tax Levy Limitations — Suspension of Tax Levy Limitations; County Hospitals; Protest Petition Synopsis: County voters may approve a resolution […]

The Honorable Janice L. Hardenburger Attorney General of Kansas — Opinion April 20, 1995 Re: Public Health — Solid and Hazardous Waste; Solid Waste — Collection and Disposal by County; Assessment and Collection of Fees Synopsis: The solid waste collection fee established by Washington county for the months of May through December, 1994 was not […]

The Honorable Carl B. Anderson, Jr. Attorney General of Kansas — Opinion May 15, 1995 Re: Minors — Kansas Juvenile Offenders Code — Prohibiting Placement or Detainment of Juvenile in Jail; Detention of Juvenile in the Absence of a Complaint Synopsis: A juvenile who is 16 years of age or over and has been detained […]

The Honorable Laura L. McClure Attorney General of Kansas — Opinion March 4, 1998 Re: Corporations — Agricultural Corporations — Restrictions; Exceptions; Penalties; Production Contracts Synopsis: Corporations subject to the prohibition against the corporate ownership of agricultural land may contract with farmers for the production of agricultural products without violating the prohibition. Production contracts have […]

The Honorable Tom Hawk Attorney General of Kansas — Opinion September 16, 2009. Re: Uniform Commercial Code — Secured Transactions — Perfection and Priority — When Filing Required to Perfect Security Interest; Record of Mortgage as Fixture Filing Uniform Commercial Code — Secured Transactions — Filing-Filing Office — Contents of Financing Statement; Record of Mortgage […]

The Honorable Sandy Praeger Attorney General of Kansas — Opinion March 8, 1994 Re: Elections — Recall of Elected Officials — Application of Act; State Officers; Local Officers; Applicability to Congressional Members Constitution of the United States — Legislative Powers — Congress as Judge of Election and Qualifications of Members; Applicability of State Recall Statutes […]

Thomas R. Powell Attorney General of Kansas — Opinion April 8, 1994 Re: Cities and Municipalities — Buildings, Structures and Grounds; Public Building Commission — Acquisition of Sites and Facilities; Home Rule Powers; Bond Issues Synopsis: Sedgwick County, Kansas may exempt itself by charter ordinance, pursuant to its home rule authority, K.S.A. 19-101a of the […]

The Honorable Melvin J. Neufeld Attorney General of Kansas — Opinion September 28, 1999 Re: Public Health — Maternity Centers and Child Care Facilities — Definitions Relating to Child Care Facilities; License and Regulation of Facilities Housing Children Ages 16 and 17 Synopsis: The Secretary of the Kansas Department of Health and Environment has authority […]

The Honorable Michael R. O’Neal Attorney General of Kansas — Opinion August 17, 1993 Re: Constitution of the State of Kansas — Judicial — Omnibus Appropriation Act; Sentencing Guidelines Act Synopsis: The second proviso of section 12 of chapter 292 of the session laws of 1993 is an unconstitutional delegation of authority to the judiciary […]

J. Michael Hayden, Secretary Attorney General of Kansas — Opinion November 27, 2007. Re: Wildlife, Parks and Recreation — Department of Wildlife and Parks — Conservation Officers and Employees; Powers and Authority; Entry on Private Land in Performance of Official Duties Crimes and Punishment — Crimes Against Property — Criminal Trespass; Entry on Private Lands […]

The Honorable Don Sallee Attorney General of Kansas — Opinion November 24, 1993 Re: Public Health — Regulation of Dentists and Dental Hygienists — Dental Hygienists; Practice of Dental Hygiene Defined; Rules and Regulations; Supervision Defined; Issuance of Permits for Dental Screening Synopsis: K.A.R. 71-1-16 defines statutory language dealing with local and general anaesthesia as […]

The Honorable Richard J. Edlund Attorney General of Kansas — Opinion January 2, 1997 Re: Constitution of the State of Kansas — Corporations — Cities’ Home Rule Powers; Ability of Electors to Dissolve as a Corporate Body a City of the First Class Synopsis: In the absence of statutory authority, the residents of a city […]

The Honorable Michael R. O’Neal Attorney General of Kansas — Opinion September 2, 1993 Re: Wildlife, Parks and Recreation — Boating and Water Activities; Operation of Vessels and Other Watercraft — Search and Seizure Restrictions on Enforcement of Statutes on Live-Aboard Vessels Constitution of the State of Kansas — Bill of Rights; Search and Seizure […]

The Honorable Don Hill Attorney General of Kansas — Opinion January 29, 2007. Re: Taxation — Miscellaneous Provision-Rate of Interest on Delinquent or Unpaid Taxes and Overpayments of Taxes Contracts and Promises — Interest and Charges — Interest on Judgments Synopsis: K.S.A. 2005 Supp. 79-2004(d) requires use of K.S.A. 79-2968 rates in determining the interest […]

The Honorable Todd Tiahrt Attorney General of Kansas — Opinion July 5, 1994 Re: Automobiles and Other Vehicles — General Provisions; Persons with a Disability — Accessible Parking for Persons with a Disability; Unlawful Parking; Blocking Access Ramp; Penalties Automobiles and Other Vehicles — Uniform Act Regulating Traffic; Parties, Arrests, Citations, Procedures and Penalties — […]

Harold T. Walker, Chief Counsel Attorney General of Kansas — Opinion March 27, 1998 Re: Crimes and Punishments; Kansas Criminal Code; Prohibited Conduct — Crimes Against the Public Safety — Weapons Control; Confiscation and Disposition of Weapons; Use of Confiscated Weapons by Law Enforcement Agency Synopsis: K.S.A. 21-4206, which addresses the disposition of confiscated weapons […]

The Honorable Carl D. Holmes Attorney General of Kansas — Opinion December 13, 1994 Re: Eminent Domain — Condemnation in Cities — Authority to Condemn Property Outside City Limits; Authority to Condemn Property Owned by County Synopsis: A city of the second class may condemn private property outside of its city limits for the purpose […]

Leonard Dix Attorney General of Kansas — Opinion December 15, 2000 Re: State Departments; Public Officers and Employees — Public Officers and Employees; Open Public Meetings — Authorized Subjects for Discussion in Executive Session; Personnel Matters Synopsis: Extension Councils created pursuant to K.S.A. 2-611 are subject to the Kansas Open Meetings Act. No body subject […]

The Honorable Kay O’Connor Attorney General of Kansas — Opinion October 25, 2004 Re: Cities and Municipalities — Compacts Between Missouri and Kansas — Kansas and Missouri Metropolitan Culture District Compact; Bistate Sales Tax; Use of Monies; STAR bonds Synopsis: The monies raised through Bistate II may not be used to pay STAR bonds issued […]

Leigh Hood Attorney General of Kansas — Opinion March 17, 1993 Re: Intoxicating Liquors and Beverages — Certain Prohibited Acts and Penalties — Consumption of Alcoholic Liquor Prohibited in Certain Places Synopsis: Within the context of K.S.A. 1992 Supp. 41-719(b)(2), which provides an exception to the prohibition against the consumption of alcoholic liquor on private […]

The Honorable R.J. Edlund Attorney General of Kansas — Opinion June 23, 1993 Re: Cities and Municipalities — General Provisions — Adoption or Abandonment of Forms of City Government Synopsis: K.S.A. 12-184 which prescribes a procedure for abandoning any form of city government does not apply to Kansas City, Kansas. Cited herein: K.S.A. 12-184; 13-103; […]

BARBARA P. ALLEN Attorney General of Kansas — Opinion November 30, 2007. Re: Taxation — Property Exempt From Taxation — Newly Constructed Residential Property Which Has Never Been Occupied Synopsis: A statute that provides for different rates of taxation, based upon a distinction between whether the real property is owned by a private resident versus […]

The Honorable Mark Parkinson Attorney General of Kansas — Opinion June 1, 1993 Re: Probate Code — Adoption — Advertising Restrictions Synopsis: K.S.A. 1992 Supp. 59-2123(a)(1) which prohibits advertisements relating to adoptions violates the first amendment to the United States constitution. Cited herein: K.S.A. 1992 Supp. 59-2112; 59-2123; 59-2130; 59-2132. * * * Robert T. […]

Douglas D. Depew Attorney General of Kansas — Opinion February 15, 1999 Re: Contracts and Promises — Regulation of Pawnbrokers and Precious Metal Dealers — Ordinance Prohibiting Pawnbrokers Constitution of the State of Kansas — Corporations — Cities Powers of Home Rule; Charter Ordinance Prohibiting Pawnbrokers Synopsis: If an ordinance prohibiting pawnbrokers is challenged on […]

The Honorable Dick Bond Attorney General of Kansas — Opinion March 11, 1996 Re: Roads and Bridges; Miscellaneous — Highway Beautification; Highway Advertising Control Act of 1972 — Highway Advertising Control; Sign Standards; Local Zoning Synopsis: A city may regulate the size and spacing of signs and billboards located on private property. Such regulation may […]

The Honorable John Edmonds Attorney General of Kansas — Opinion March 29, 2000 Re: Unfair Trade and Consumer Protection — Consumer Protection; Telephone Solicitations — Unsolicited Consumer Telephone Calls; Unconscionable Act or Practice; 2000 House Bill No. 2891 Synopsis: Proposed 2000 House Bill No. 2891, amending K.S.A. 1999 Supp. 50-670, applies to businesses which make […]

Eric W. Marshall Attorney General of Kansas — Opinion November 1, 1995 Re: Counties and County Officers — Hospitals and Related Facilities — Management of Hospital; Hospital Board; Role of County Commissioners Synopsis: Based on facts provided, the hospital in question is a county hospital subject to K.S.A. 19-4601 et seq. The board of county […]

Anthony Hensley Attorney General of Kansas — Opinion December 17, 2007. Re: Elections — State Board of Education Member Elections — Candidates; School District Employee; Disqualification for Office Repealed Synopsis: Neither state statute nor the common law doctrine of incompatibility of office precludes a person who is employed by a unified school district from seeking […]

Randall W. Weller Attorney General of Kansas — Opinion February 19, 2002 Re: Counties and County Officers — County Commissioners; Powers and Duties — Rearrangement of Commissioner Districts; Compact and Equal Synopsis: The member districts of a board of county commissioners must be drawn such that the districts are as compact and equal in population […]

Steven L. Opat Attorney General of Kansas — Opinion July 5, 2007. Re: Corporations — Agricultural Corporations — Restrictions; Exceptions; Penalties; Corporate Swine Production Facility in Operation Since 1974 Counties and County Officers — County Attorney — County Commissioners Authorized to Hire Additional Counsel Synopsis: Any decision regarding the initiation of an enforcement action of […]

The Honorable Al Ramirez Attorney General of Kansas — Opinion April 13, 1994 Re: Counties and County Officers — County Commissioners; Powers and Duties — Rearrangement of Commissioner Districts Synopsis: Because Mr. Richard Kaminski was elected as a member of the board of county commissioners prior to enactment of L. 1993, ch. 250, sec. 2, […]

The Honorable Sandy Praeger Attorney General of Kansas — Opinion June 21, 1994 Re: Taxation — Marijuana and Controlled Substances — Taxation of Marijuana and Controlled Substances; Double Jeopardy Synopsis: Because the Kansas drug tax is not conditioned on the commission of and arrest for a crime, and because it is due at a time […]

Larry Froelich, Executive Director Attorney General of Kansas — Opinion March 17, 2000 Re: State Boards, Commissions and Authorities — Board of Pharmacy — State Board of Pharmacy; Creation, Membership; Vacancies; Number of Terms Limited Synopsis: Appointees to Board of Pharmacy vacancies, other than by expiration, fill the unexpired term of the preceding member. The […]

The Honorable Willa DeCastro Attorney General of Kansas — Opinion November 5, 2002 Re: Public Health — Regulation of Nursing; Nurses — Definitions; Practice of Nursing; Unlawful Acts Synopsis: Attendant care services, such as medication administration, dressing changes and enteral tube feeding provided by an unlicensed attendant to an individual who is in need of […]

The Honorable Dave Kerr Attorney General of Kansas — Opinion May 9, 1995 Re: Schools — Miscellaneous Provisions — Early Retirement Incentive Programs; Establishment Authorized; Cash-Basis; Effect Synopsis: The Kansas cash-basis law does not prohibit a unified school district from establishing an early retirement incentive program which outlines payment of pension benefits over a period […]

Floyd E. Jensen Attorney General of Kansas — Opinion January 17, 1995 Re: Contracts and Promises — Regulation of Pawnbrokers and Precious Metal Dealers — Loans Secured by Pledged Goods, Disposition and Redemption of Pledged Articles Synopsis: An individual who borrows money from a pawnbroker has two months from the date the loan is due […]

The Honorable Don Sallee Attorney General of Kansas — Opinion November 15, 1994 Re: Criminal Procedure; Kansas Code of Criminal Procedure — Arrest — Jurisdiction of Certain Law Enforcement Officers; Authority of Tribal Law Enforcement Officers to Enforce State Law on the Reservation Synopsis: Unless deputized or otherwise employed by the county in which the […]

Jean Duncan Attorney General of Kansas — Opinion December 22, 1993 Re: Personal and Real Property — Real Estate Brokers and Salespersons — Licensure Required; Exemptions; Government Officer or Employee; Public Utilities Synopsis: If a company which contracts with a water district to negotiate easments stands in relation to the water district as an independent […]

The Honorable Karin Brownlee Attorney General of Kansas — Opinion March 30, 2004 Re: Cities and Municipalities — Buildings, Structures and Grounds; Development and Redevelopment of Areas In and Around Cities — Purpose of Act; Issuance of Special Obligation Bonds and Full Faith and Credit Tax Increment Bonds; Definitions; Redevelopment Project Costs; Authority to Include […]

The Honorable Don Sallee Attorney General of Kansas — Opinion January 4, 1993 Re: Counties and County Officers — County Commissioners — Powers and Duties; Authority to Contract with Private Individuals for Road Work Roads and Bridges — General Provisions; Machinery and Equipment — Renting or Hiring of Machinery and Equipment Prohibited Synopsis: A county […]

Delton M. Gilliland Attorney General of Kansas — Opinion August 21, 2007. Re: Taxation — Correction of Irregularities — Correction of Clerical Errors by Board of County Commissioners; Refund, Cancellation of Credit for Overpayments of Taxes Based on Errors; Underpayment of Taxes Resulting From Errors; Definition of “Mathematical Miscalculation” Synopsis: Pursuant to K.S.A. 2006 Supp. […]

The Honorable Kay O’Connor Attorney General of Kansas — Opinion January 11, 1994 Re: Crimes and Punishments; Kansas Criminal Code — Crimes Affecting Public Trusts — Unlawful Use of State Postage Synopsis: The use of state postage by a state official to mail holiday greeting cards is a personal use violative of K.S.A. 21-3911. Because […]

Julene L. Miller Attorney General of Kansas — Opinion December 10, 2008. Re: State Departments; Public Officers and Employees — Department of Administration; Division of Purchases; Buildings; Exemption From Local Building Codes; Permits and Fees and Certain Zoning Fees; Application of Zoning and Land Use Regulations to State University Synopsis: K.S.A. 2007 Supp. 75-3741c does […]

Sandra L. Jacquot Attorney General of Kansas — Opinion September 20, 1994 Re: Labor and Industries — Payment of Compensation — Withholding of Wages; Personnel Policy of County Treasurer Synopsis: A personnel policy giving employees an option to reimburse cash shortages in lieu of incurring disciplinary action is in violation of K.S.A. 44-319. Cited herein: […]

Robert B. Davenport Attorney General of Kansas — Opinion January 22, 1993 Re: Public Records, Documents and Information — Records Open to Public — Inspection of Records; Certain Records Not Required to be Open; Incident Based Reporting System Codes Not Subject to Criminal Investigation Records Exception Synopsis: The incident based reporting system code sheet is […]

The Honorable Jo Ann Pottorff Attorney General of Kansas — Opinion April 6, 2011. Re: State Departments; Public Officers and Employees — Social and Rehabilitation Services — Purchase of Products and Services of Nonprofit Entities for Blind and Disabled Persons; Purchase of Services by Unified School Districts Schools — School Unification Acts — School District […]

The Honorable Mike Harris Attorney General of Kansas — Opinion March 22, 1996 Re: Labor and Industries — Workers Compensation — Attorney Fees; Limitations; Lien; Review of Contracts and Fees Claimed Synopsis: The Kansas Supreme Court has the inherent power to prescribe conditions for admission to the bar and to regulate and control the practice […]

R. Kent Pringle Attorney General of Kansas — Opinion July 10, 1995 Re: Schools-Community Colleges — Community College Elections — Board of Trustees; Composition; Membership Prohibited for College Employees; Employee Synopsis: The term employee in K.S.A. 71-1403 is defined to include those persons whose service to the community college is subject to the control and […]

Kathleen Selzler Lippert Attorney General of Kansas — Opinion June 16, 2010. Re: Public Health — Healing Arts — Revocation, Suspension, Limitation or Denial of Licenses; Censure of Licensee; Grounds; Application of 2008 Amendment Adding Single Occasion of Ordinary Negligence as Disciplinary Ground to pre-2008 Single Occasion of Ordinary Negligence; Whether Given Retroactive Application Synopsis: […]

Terry J. Malone Attorney General of Kansas — Opinion September 20, 1994 Re: Cities and Municipalities — Code for Municipal Courts; Proceedings After Arrest and Prior to Trial — Municipal Court Diversion; Previous Participation in Diversion of an Alcohol Related Offense Synopsis: A city attorney is prohibited from entering into a diversion agreement on a […]

Larry A. Williamson Attorney General of Kansas — Opinion June 29, 2004 Re: Public Health — Regulation of Dentists and Dental Hygienists — Grounds for Refusal to Issue License or for Action Against License of Dentist or Dental Hygienist; Disciplinary Action by Board; Disposition of Fines and Costs Assessed Against Dentist or Dental Hygienist State […]

Chris Biggs Attorney General of Kansas — Opinion October 25, 1994 Re: Crimes and Punishments; Kansas Criminal Code; Prohibited Conduct — Crimes Against Property — Giving a Worthless Check; Prima Facie Evidence of Intent to Defraud; Demand for Service Charge Synopsis: Prima facie evidence, i.e. a presumption, of intent to defraud and knowledge of insufficient […]

Gordon B. Stull Attorney General of Kansas — Opinion May 21, 1998 Re: Counties and County Officers — General Provisions — Home Rule Powers; Limitations, Restrictions and Prohibitions; Authority of County to Offer Advance Tax Payment Option Taxation — Collection and Cancellation of Taxes — Time for Payment of Real Estate Taxes; Interest, When; Distribution […]

David E. Retter Attorney General of Kansas — Opinion May 3, 1994 Re: Cities and Municipalities — Code for Municipal Courts; Proceedings After Arrest and Prior to Trial — Municipal Court Diversion; Ineligibility Based Upon Prior Alcohol Related Conviction Synopsis: A city attorney is prohibited from offering diversion to a person who has a prior […]

Charles E. Simmons Attorney General of Kansas — Opinion August 12, 1994 Re: Probate — Care and Treatment for Mentally Ill Persons — Persons Who Commit Sexually Violent Offenses; Civil Commitment; Agency with Jurisidiction; Parole Board Synopsis: In certain cases the Kansas parole board is an “agency with jurisdiction” over the release of inmates as […]

The Honorable Carl Holmes Attorney General of Kansas — Opinion June 8, 1994 Re: Public Utilities — Powers of the State Corporation Commission; Telecommunications Public Utilities — Telecommunications Public Utility; Power; Authority and Jurisdiction Synopsis: Rate making is a legislative function which necessarily implies a range of legislative discretion. Within this discretion lies the authority […]

John Badger, Chief Counsel Attorney General of Kansas — Opinion January 29, 1998 Re: Minors — Kansas Code for Care of Children — Child Under 18 Taken Into Custody by Law Enforcement; Duties of Law Enforcement and SRS Synopsis: Kansas statutes do not grant law enforcement officers the power to place custody of children who […]

The Honorable Bruce F. Larkin Attorney General of Kansas — Opinion March 3, 1997 Re: Public Records, Documents and Information — Records Open to Public — Certain Records Not Required to be Open Election — Sufficiency of Petitions — Petition documents; Where Filed Synopsis: Election petitions are generally open records under the Kansas Open Records […]

The Honorable Ron Thornburgh Attorney General of Kansas — Opinion April 12, 2000 Re: Corporations — Cemetery Corporations — Cemeteries In or Near Cities; Permanent Maintenance Fund; Use; Loans Synopsis: The governing body of a cemetery corporation organized for the purpose of establishing and maintaining a cemetery for charitable purposes and having a permanent maintenance […]

The Honorable Gwen Welshimer Attorney General of Kansas — Opinion November 5, 1997 Re: State Boards, Commissions and Authorities — Definitions — Practice of Geology, Exemptions Synopsis: 1997 House Bill No. 2490 (L. 1997, Ch. 128, §§ 1-11) provides for the licensing and regulation of the practice of geology. Exempted from the requirements of this […]

Gary E. Thompson Attorney General of Kansas — Opinion November 26, 2001 Re: Cities of the Third Class — Government By Mayor and Council and General Laws Applicable to Cities of the Third Class; General Provisions — Election to Determine Status of Cities; Petition; Number of Signatures Required; Filing; Conduct of Election; Canvassing of Vote […]

David L. Hiebert Attorney General of Kansas — Opinion April 16, 1999 Re: Elections — Independent and Other Nomination Certificates; Terms of Office; Filling Vacancies — Validity of Nominations; Objections Synopsis: K.S.A. 1998 Supp. 25-308 does not limit primary election objections to candidates. Cited herein: K.S.A. 1998 Supp. 25-308; K.S.A. 25-1435; 25-1436. * * * […]

Glenda Cafer, Chairwoman Attorney General of Kansas — Opinion October 8, 1997 Re: Crimes and Punishments; Kansas Criminal Code; Prohibited Conduct — Crimes Affecting Public Trusts — Unlawful Use of Names Derived From Public Records Public Records, Documents and Information — Records Open to Public — Lists of Names and Addresses Derived From Public Records; […]

Craig D. Cox Attorney General of Kansas — Opinion December 7, 2000 Re: Roads and Bridges — County and Township Roads — Culverts Over Ditches in Front of Private Property; Costs by County or City; Additional Culverts or New Entrances; Costs to Owner; Procedures; Penalty Synopsis: A county is required to maintain indefinitely any culverts […]

Charles A. Peckham Attorney General of Kansas — Opinion November 20, 2003 Re: Automobiles and Other Vehicles — Uniform Commercial Driver’s Act — Definitions; “Driver” Synopsis: The term “driver,” as used in the Kansas Uniform Commercial Drivers’ License Act, means any person who drives, operates or is in physical control of a commercial motor vehicle, […]

The Honorable Richard Alldritt Attorney General of Kansas — Opinion September 15, 1998 Re: Taxation — Judicial Foreclosure and Sale of Real Estate by County — Sales of Real Estate to Certain Persons Prohibited; Application to Mortgagees Synopsis: A mortgagee having a statutory right to redeem real estate pursuant to K.S.A. 79-2803 may not purchase […]

Robert Beall Attorney General of Kansas — Opinion April 5, 1993 Re: Cities and Municipalities — Libraries — Bonds and Warrants; Cash-Basis Law; Taxation Bonds and Warrants — Cash-Basis Law — Libraries Synopsis: The cash basis and budget laws apply only to subdivisions of the state authorized by law to raise money by taxation. A […]

George Teagarden Attorney General of Kansas — Opinion August 3, 2006. Re: Livestock and Domestic Animals — Miscellaneous — Feral Swine: Prohibition of Such Swine in State; Duties of Livestock Commissioner; Penalties; Appeals Synopsis: The Legislature acted consistently, harmoniously and sensibly by authorizing a government sponsored feral swine control and eradication program along with a […]

Phyllis Gilmore, Executive Director Attorney General of Kansas — Opinion December 30, 2003 Re: State Boards, Commissions and Authorities — Regulation of Psychologists — Grounds for Suspension, Limitation, Revocation or Refusal to Issue or Renew License; Unprofessional Conduct; Psychologist’s Records When Practice Sold Synopsis: The sale of a psychologist’s practice may legitimately include client records. […]

Mike Ward Attorney General of Kansas — Opinion August 17, 1994 Re: Constitution of the State of Kansas — Corporations — Cities’ Powers of Home Rule; Charter Ordinances-Election Synopsis: The home rule provision of the Kansas constitution does not require that a city hold an election if a successful petition action is brought demanding such […]

Mary Blubaugh, MSN, RN Attorney General of Kansas — Opinion January 26, 2009. Re: Public Health — Regulation of Nursing — Registered Nurse Anesthetists — Duties of Registered Nurse Anesthetists; Authority of Registered Nurse Anesthetists to Give Orders for Medications and Diagnostic Tests Related to Anesthesia or Analgesia Care Pursuant to a Physician’s Order Public […]