Category: Kansas Attorney General Opinions

Joseph P. O’Sullivan Attorney General of Kansas — Opinion June 18, 1997 Re: Public Health — Solid and Hazardous Waste; Solid Waste — Cities or Counties Authorized to Provide for Collection and Disposal of Solid Waste; Fees Synopsis: Fees collected for a solid waste management system authorized by K.S.A. 65-3410 constitute a special fund held […]

William A. Taylor, III Attorney General of Kansas — Opinion April 13, 1994 Re: Counties and County Officers — Cemeteries — Abandoned or Uncared for Cemeteries or Burial Places; Tax Levy Synopsis: An abandoned cemetery transferred to a municipality pursuant to K.S.A. 17-1367 must be cared for and maintained by the municipality using the moneys […]

Janet Holley Attorney General of Kansas — Opinion June 29, 2004 Re: Taxation — Liquor Drink Tax — Local Alcoholic Liquor Fund; Distribution of Moneys Synopsis: An expenditure of money from the special parks and recreation fund, derived from the local alcoholic liquor tax, for the construction of a new Elk County Free Fair Association […]

John L. Vratil, Counsel Attorney General of Kansas — Opinion March 2, 2005 Re: Cities and Municipalities — Insurance — Risk Management Reserve Fund Established; Schools; Transfer of Funds; Special Reserve Fund; Uses of Money Schools — Organization, Powers and Finances of Boards of Education — Special Liability Expense Fund; Special Reserve Fund; Uses of […]

The Honorable David B. Haley Attorney General of Kansas — Opinion March 27, 2001 Re: Public Health and Welfare — Civil Rights — Federally Assisted Programs; Application of Title VI to Programs and Entities Receiving Federal Funding Synopsis: Section 601 of Title VI provides that no person may, on the ground of race, color or […]

The Honorable Paul Feliciano, Jr. Attorney General of Kansas — Opinion March 12, 1996 Re: State Departments; Public Officers and Employees — Public Officers and Employees; Public Employer-Employee Relations — Public Employee Relations Board; Appointment of State Agency Director of Human Resources as the Representative of Public Employees Synopsis: As a matter of law, a […]

Doug Gatewood Attorney General of Kansas — Opinion February 27, 2009. Re: Taxation — Property Exempt From Taxation — Property Exempt from Taxation; Certain Electric Transmission Lines and Appurtenances; Exception from Exemption for Utilities Located Out-of-State Constitution of the United States — Legislative Powers — Powers of Congress; Power to Regulate Commerce; Exception From Property […]

James R. Cobler, Director Attorney General of Kansas — Opinion October 19, 1994 Re: Taxation — Aggregate Tax Levy Limitations — Procedure for Exemption from Aggregate Levy Limit; Authority of Townships Synopsis: Townships have been granted authority pursuant to K.S.A. 1993 Supp. 79-5036(c) to exempt themselves entirely from the provisions of the aggregate tax levy […]

Nancy Parrish Attorney General of Kansas — Opinion June 9, 1993 Re: Automobiles and Other Vehicles — General Provisions; Registration of Vehicles — Annual Registration or License Fees; Counties’ Acceptance of Credit Cards for Payment of Fees Taxation — Motor Vehicles — Taxes Levied Annually for Registration Period; Counties’ Acceptance of Credit Cards for Payment […]

L. LaVerne Fiss Attorney General of Kansas — Opinion January 17, 1995 Re: Cities and Municipalities — Public Utilities; Control of Streets and Public Grounds — Common Law Right of Access Synopsis: A city may barricade a portion of a street without infringing upon certain property owners’ rights of access if such property owners continue […]

The Honorable Ellen B. Samuelson Attorney General of Kansas — Opinion August 30, 1994 Re: Elections — Official Ballots — Arrangement of Names of Candidates Upon Ballot; Blank Spaces For Write-In; Use of Stickers Synopsis: The legislature has recognized various technologies which may be used in counting and tabulating votes cast by electors. The ability […]

William T. North Attorney General of Kansas — Opinion August 21, 1996 Re: Counties and County Officers — General Provisions — Home Rule Powers; Creation of a Position within the County Department of Corrections Counties and County Officers — Sheriff — Charge and Custody of Jail Synopsis: A sheriff is required to transport prisoners that […]

Larry Froelich, Executive Director Attorney General of Kansas — Opinion January 29, 1997 Re: Public Health — Food, Drugs and Cosmetics — Exhibition of Title “Drugstore, “Pharmacy” or “Apothecary”; Use of Symbol “Rx” Public Health — Regulation of Pharmacists — Definitions; “Pharmacy,” “Drug Store” or “Apothecary”; Use of Symbol “Rx” Synopsis: The taking, use or […]

The Honorable Janice L. Hardenburger Attorney General of Kansas — Opinion October 10, 1995 Re: Procedure, Civil for Limited Actions — Small Claims Procedure — Corporation’s Use of Procedure Without Attorney Representation Synopsis: The small claims procedure act, which prohibits attorney representation except in limited circumstances, abrogates the common law principle that corporations may appear […]

The Honorable Richard Lahti Attorney General of Kansas — Opinion August 11, 1993 Re: Legislature — Legislative Coordinating Council — Standing Committees as Legislative Study Committees Synopsis: The convening of the standing committees which have been designated by the legislative coordinating council as interim study committees between regular sessions of the legislature does not violate […]

Ted D. Ayres, General Counsel Attorney General of Kansas — Opinion November 21, 1995 Re: State Departments; Public Officers and Employees — Kansas Tort Claims Act — Definitions; Governmental Entity; Kansas State University Research Foundation Synopsis: The Kansas state university research foundation (KSURF) is a governmental entity for purpose of the Kansas tort claims act. […]

The Honorable Kenny A. Wilk Attorney General of Kansas — Opinion February 20, 1998 Re: Cities and Municipalities — Insurance; Group-Funded Liability Pools — Certificate of Authority Granted on Perpetual Basis; Examinations; Submission of Financial Statement and Reports; Suspension of Certificate, Grounds, Hearing; Revocation; Dissolution or Injunction of Pool Synopsis: Current law authorizes the Commissioner […]

Mr. Charles F. Speer, Esq. Attorney General of Kansas — Opinion August 24, 1993 Re: Drainage and Levees — Drainage Districts Within Counties or Cities; Drainage Act of 1905 and Amendments — Powers of Drainage Districts Synopsis: Absent a contract, implied or otherwise, a drainage district is not authorized by statute to compel payment for […]

Kevin M. Hill Attorney General of Kansas — Opinion November 24, 1993 Re: Constitution of the State of Kansas — Judicial — District Courts; Jurisdiction Synopsis: Acts defined and made punishable within the fish and wildlife conservation code of the Iowa Tribe of Kansas and Nebraska are not crimes or civil wrongs against the state […]

Don Myer, Executive Director Attorney General of Kansas — Opinion September 16, 1997 Re: Soldiers, Sailors and Patriotic Emblems — Kansas Commission on Veterans’ Affairs — Persian Gulf War Veterans Health Initiative Act; Persian Gulf War Health Initiative Board; Members Synopsis: One member of the Persian Gulf War Veterans Health Initiative Board must be qualified […]

Evan H. Ice Attorney General of Kansas — Opinion November 16, 2004 Re: Criminal Procedure; Kansas Code of Criminal Procedure — Uniform Mandatory Disposition of Detainers Act — Request for Final Disposition of Detainer by Prisoner; Applicability to Prisoners Serving Sentence in County Jail Criminal Procedure; Kansas Code of Criminal Procedure — Agreement on Detainers […]

The Honorable Gwen Welshimer Attorney General of Kansas — Opinion December 14, 1994 Re: Personal and Real Property — Real Estate Appraisers — Certification or Licensure; When Required Synopsis: The Kansas real estate appraisal board has authority over a certified or licensed appraiser regarding specified acts and omissions as enumerated in K.S.A. 1993 Supp. 58-4118 […]

Robert A. Walsh Attorney General of Kansas — Opinion July 1, 2002 Re: Fees and Salaries — Fees in All Counties and Salaries in Certain Counties — Fees of Register of Deeds; Affect of 2002 Senate Bill No. 564 Synopsis: 2002 Senate Bill No. 564 amends K.S.A. 28-115 to require registers of deeds to collect […]

The Honorable Janice Hardenburger Attorney General of Kansas — Opinion October 26, 1999 Re: Elections — Presidential Preference Primary Election — Payment of Election Expenses; Obligation to Conduct Election Synopsis: K.S.A. 1998 Supp. 25-4501 states “there shall be held a presidential preference primary.” The provision is mandatory. Although the expense of conducting the presidential preference […]

The Honorable Jerry Moran Attorney General of Kansas — Opinion June 1, 1993 Re: Crimes and Punishments; Kansas Criminal Code; General Provisions — 1992 Sentencing Guidelines — Consolidation of Probation, Parole and Community Corrections Services Synopsis: In the absence of legislation implementing the consolidation of probation, parole and community corrections services, the “consolidation” provision of […]

The Honorable Nancy A. Kirk Attorney General of Kansas — Opinion September 15, 1998 Re: Public Health — Controlled Substances; Drug Paraphernalia — Prohibited Acts; Needle Exchange Program Synopsis: A person who distributes hypodermic needles in a needle exchange program with reasonable knowledge that the needles will be used to inject a controlled substance into […]

Leonard L. Buddenbohm Attorney General of Kansas — Opinion November 4, 1999 Re: Kansas Code for Care of Children — General Provisions — Docket Fees and Expenses; Orders Assessing Attorney Fees and Costs; Garnishment by County Synopsis: Absent statutory authority, a court order assessing attorney fees in a child-in-need-of-care action is not a civil judgment […]

Joan Wagnon, Secretary Attorney General of Kansas — Opinion October 16, 2003 Re: Intoxicating Liquors and Beverages — Licensure and Regulation of Sale of Liquor by the Drink — Qualifications for License Synopsis: K.S.A. 2002 Supp. 41-2623(b)(1) prohibits issuing a club or drinking establishment license to any person who does not own the premises for […]

Phyllis Gilmore Attorney General of Kansas — Opinion June 12, 2000 Re: Probate Code — Care and Treatment for Mentally Ill Persons; Care and Treatment Act for Mentally Ill Persons — Definitions; Qualified Mental Health Professional Synopsis: Licensed clinical psychotherapists, licensed clinical marriage and family therapists, and licensed clinical professional counselors are considered “qualified mental […]

The Honorable Karin Brownlee Attorney General of Kansas — Opinion October 30, 2003 Re: Corporations — Telegraph, Telephone and Transmission Lines — Rights, Powers and Liabilities of Telecommunications Service Providers; Occupation of Public Right of Way; Prohibition of Use; Definition of “Public Right-Of-Way” Synopsis: K.S.A. 2002 Supp. 17-1902 addresses the rights and duties of cities […]

C. E. Russell Attorney General of Kansas — Opinion April 7, 1993 Re: Cities of the Second Class — Hospitals — Home Rule Powers; Charter Ordinances Synopsis: The city of Wellington may charter out of K.S.A. 14-604 and 14-605 because those provisions are not uniformly applicable to all cities. Furthermore, assuming a charter ordinance is […]

Thomas A. Glinstra, Municipal Counsel Attorney General of Kansas — Opinion October 25, 1994 Re: Cities and Municipalities — General Provisions — County Wide and City Retailers’ Sales Taxes; Administration and Collection by State; Monthly Reports; Confidentiality Synopsis: K.S.A. 1993 Supp. 12-189, as amended by L. 1994, ch. 354, sec. 3, does not prohibit review […]

Mr. John Wine Attorney General of Kansas — Opinion February 11, 1994 Re: Elections — Voting By Persons in Federal Enclaves — Persons Living in Federal Enclaves Deemed Qualified Electors; Registration Required; Effect on Obligation to Pay State Income Tax Taxation — Income Tax — Definitions; Modified Kansas Source Income; Effect of Registering to Vote […]

The Honorable Tim Shallenburger Attorney General of Kansas — Opinion September 12, 1995 Re: Banks and Banking; Trust Companies — Banking Code; Deposit of Public Moneys — Deposit of Active Funds Cities and Municipalities — Miscellaneous Provisions — Investment of Public Moneys by Governmental Subdivisions State Departments; Public Officers and Employees — State Moneys; Designation […]

The Honorable Laura L. McClure Attorney General of Kansas — Opinion February 22, 1995 Re: State Boards, Commissions and Authorities — State Board of Agriculture — Election of Board Members Synopsis: The “governor’s cabinet” has evolved through custom and tradition loosely patterned after the United States president’s cabinet. Each member of the president’s cabinet has […]

Carol G. Green, Clerk Attorney General of Kansas — Opinion March 27, 1997 Re: Labor and Industries — Kansas Acts Against Discrimination — Unlawful Employment Practices; Legality of Questions Posed to Applicants for Appellate Court Positions Synopsis: The Supreme Court Nominating Commission is subject to the Kansas Acts Against Discrimination, the Kansas Age Discrimination in […]

The Honorable Al Ramirez Attorney General of Kansas — Opinion March 4, 1994 Re: State Departments; Public Officers and Employees — Department of Corrections; Miscellaneous Provisions — Prohibition Against Certain Local and Private Prisons Synopsis: With some narrowly drawn exceptions, cities, counties and private entities are prohibited from authorizing, constructing, owning or operating a correctional […]

Robert C. Myers Attorney General of Kansas — Opinion March 13, 2001 Re: Cities and Municipalities — Retirement Systems; Group Health Care Benefits for Retirants — Group Health Care Benefits Plan; Availability for Retirants; Coverage, End; Eligibility; Cost of Coverage; Definitions; Cessation of Coverage Synopsis: A local government can terminate coverage under its group health […]

Christopher McKenzie, Executive Director Attorney General of Kansas — Opinion November 14, 1996 Re: Cities and Municipalities — Buildings, Structures and Grounds — Neighborhood Revitalization Act; Tax Rebate Upon Sale of Property Synopsis: The neighborhood revitalization tax rebate is payable to the owner of the property or the person who is liable for payment of […]

The Honorable Ron Thornburgh Attorney General of Kansas — Opinion March 14, 2002 Re: Elections — Advance Voting — Advance Voting; Voters Eligible; Deceased Voter; Effect on Canvassing Ballot Elections — Original Canvass of Elections — Reading, Counting and Recording Votes; Rules for Canvassers; Deceased Voter Synopsis: A ballot that has been properly cast by […]

Carol E. Williams Attorney General of Kansas — Opinion January 28, 2002 Re: Legislature — State Governmental Ethics — State Officer or Employee Defined; Kansas Judicial Council Employees Courts — Judicial Council — Duties of Judicial Council; Application of State Governmental Ethics Law to Judicial Council Employees Synopsis: An employee of the Judicial Council exercises […]

Jan Satterfield Attorney General of Kansas — Opinion August 17, 2009. Re: Public Records, Documents and Information — Records Open to Public — Procedures for Obtaining Access to or Copies of Records; Request; Certification that Names or Addresses will not be Used in a Manner Prohibited by Law Synopsis: Once a record requestor has submitted […]

The Honorable Janice L. Hardenburger Attorney General of Kansas — Opinion January 2, 1997 Re: Counties and County Officers — General Provisions — County Commissioners Powers; Department on Aging; Area Agencies on Aging Synopsis: Where the bylaws of an area agency on aging state that the board of directors of the agency shall be confirmed […]

Richard Boeckman Attorney General of Kansas — Opinion January 29, 2007. Re: Counties and County Officers — County Appraiser — County Appraiser; Appointment, Term and Qualifications; Meaning of “Full Time”; Appraisal Districts Synopsis: K.S.A. 2005 Supp. 19-430 requires that county appraisers for counties having a population of 25,000 or more devote full time to such […]

Mark Stafford Attorney General of Kansas — Opinion January 28, 2002 Re: State Boards, Commissions and Authorities — Behavioral Sciences Regulatory Board — Powers, Duties and Functions of Board; Subpoena Power Synopsis: Under subsection (e) of 45 C.F.R. § 164.512, a professional licensing board must provide prior notice to the client or patient, or attempt […]

The Honorable Tom Bradley Attorney General of Kansas — Opinion April 26, 1994 Re: State Boards, Commissions and Authorities — Public Employees Retirement Systems; Kansas Public Employees Retirement System — Rights of Members and Beneficiaries Not Affected By Change or Repeal of Act, Exception; Benefits and Rights Exempt From Taxes; 1994 Senate Bill No. 623 […]

Kevin Cure Attorney General of Kansas — Opinion October 11, 1994 Re: Public Records, Documents and Information — Records Open to Public — Lists of Names and Addresses Derived From Public Records; Prohibited Uses; Certification Crimes and Punishments; Kansas Criminal Code; Prohibited Conduct — Crimes Affecting Public Trusts — Unlawful Use of Names Derived From […]

Dr. Robert C. Harder Attorney General of Kansas — Opinion October 6, 1993 Re: District Officers and Employees — District Coroners — Notification of Death to Coroner or Deputy; When; By Whom Synopsis: Coroners in other states are not bound to comply with Kansas statutes; the laws of the state where a death occurs would […]

Blaise Plummer Attorney General of Kansas — Opinion June 13, 2002 Re: State Departments; Public Officers and Employees — Public Officers and Employees; Open Public Meetings — Closed or Executive Meetings; Personnel Matters of Nonelected Personnel; Municipal Judges Cities and Municipalities — Municipal Courts; General Provisions — Municipal Judge; Appointment Synopsis: Based upon the facts […]

The Honorable Lana Oleen Attorney General of Kansas — Opinion November 20, 2000 Re: Crimes and Punishments; Kansas Criminal Code; Classification of Crimes and Sentencing — Sentencing — Period of Suspension of Sentence, Probation or Assignment to Community Corrections; Extension of Probation for Failure to Pay Restitution, Fines or Costs Synopsis: A district court can […]

Mr. Calvin Rider Attorney General of Kansas — Opinion November 12, 1993 Re: Schools — Organization, Powers and Finances of Boards of Education — Boards of Education; Authority to Pave and Maintain Roads Synopsis: A school district does not have the authority to pave county roads or to install traffic signals at an intersection of […]

Steven W. Hirsch Attorney General of Kansas — Opinion March 4, 1998 Re: Bonds and Warrants — Cash-Basis Law — Creating Indebtedness in Excess of Funds Unlawful; Exceptions; Trust Agreement for Landfill Closure Counties and County Officers — General Provisions — County as Corporation; Powers Generally; Power to Bind Future Boards of County Commissioners Synopsis: […]

Carol G. Green Attorney General of Kansas — Opinion February 1, 1994 Re: Courts — Nonpartisan Selection of Judges of the District Court — Nonlawyer Members of District Judicial Nominating Commission; Prohibition Concerning Holding an Office Synopsis: A county commissioner may not be appointed to serve as a member of the district judicial nominating commission. […]

The Honorable Lana Gordon Attorney General of Kansas — Opinion November 12, 2004 Re: Public Records, Documents and Information — Records Open to the Public — Definition of Public Agency; Sheltered Living, Inc. State Departments; Public Officers and Employees — Public Officers and Employees; Open Public Meetings — Meetings of State and Subdivisions Open to […]

William L. Anderson, Attorney Attorney General of Kansas — Opinion October 14, 1994 Re: Public Health and Welfare — Solid and Hazardous Waste; Hazardous Waste — Standards Applicable to Owners and Operators of Hazardous Waste Treatment Storage and Disposal Facilities; Financial Responsibility Corporations — Corporate Powers — Specified Powers Synopsis: Kansas law recognizes contractual guarantees […]

W. Charles Smithson, Legal Counsel Attorney General of Kansas — Opinion March 4, 1998 Re: Elections — Election Campaign Finance; General — Kansas Commission on Governmental Standards and Conduct; Reports and Statements Required to Be Filed; Investigations By Commission; Statute of Limitations Procedure, Civil — Limitations of Actions — Limitations Applicable to Public Bodies; Kansas […]

Jeff Chubb Attorney General of Kansas — Opinion February 17, 2011. Re: Schools — Community Colleges-Organization, Powers and Finances of Boards of Trustees; Board of Trustees; Powers and Duties; Filling Vacancies Synopsis: A community college board of trustees is charged with filling vacancies on the board after providing public notice. There is no authority for […]

Jack A. Quinlan, Counsel Attorney General of Kansas — Opinion October 8, 1997 Re: Schools — Boards of Education; Organization, Powers and Finances — Interlocal Cooperation Agreements; Requirements and Conditions; Board of Directors; Votes Synopsis: State statutes do not require that unified school districts entering into an interlocal cooperation agreement pursuant to K.S.A. 12-2901 et […]

John J. Jurcyk, Jr., Attorney Attorney General of Kansas — Opinion November 5, 2002 Re: Schools — Community Colleges — Organization, Powers and Finances of Boards of Trustees — Boards of Trustees; Meetings; Powers and Duties; Voting Requirements Synopsis: Except as otherwise specifically provided by law, if a quorum is present at a properly called […]

Charles E. Simmons Attorney General of Kansas — Opinion November 10, 1994 Re: Probate Code — Care and Treatment for Mentally Ill Persons — Sexually Violent Predator Act; Committment to Secretary of Social and Rehabilitation Services; Escape Attempt; Use of Deadly Force. Synopsis: Where a department of corrections correctional officer has probable cause to believe […]

The Honorable Kenny A. Wilk Attorney General of Kansas — Opinion March 13, 2001 Re: Bonds and Warrants — Cash-Basis Law — Cash Basis for Municipalities; Creating Indebtedness in Excess of Funds Unlawful; Limits of Indebtedness May Be Exceeded, When; Unified School District; Claims; Service Provided in Previous Fiscal Years Cities and Municipalities — General […]

The Honorable Sharon Schwartz Attorney General of Kansas — Opinion November 17, 2004 Re: Schools — Capital Outlay Levy, Fund and Bonds — Capital Outlay Levy; Use of Moneys in Capital Outlay Fund; Computer and Equipment Repairs; Salaries Synopsis: Monies in the capital outlay fund of a unified school district may not be used to […]

Barbara S. Tombs, Executive Director Attorney General of Kansas — Opinion July 17, 1996 Re: Crimes and Punishments — Sentencing Guidelines — Sentencing Guidelines; Grid for Drug Crimes Applied in Felony Cases Under Uniform Controlled Substances Act; Retroactive Application. Synopsis: Because section 11(d) of 1996 senate bill no. 585 provides for a substantive rather than […]

William M. Tuley, Counsel Attorney General of Kansas — Opinion November 5, 2002 Re: Counties and County Officers — Parks and Museums-Powers of Board; Conveyance or Exchange of Park Lands Synopsis: It is our opinion that K.S.A. 19-2868(i) allows park and recreation boards subject to this statute to exchange lands for other lands to be […]

The Honorable Carl D. Holmes Attorney General of Kansas — Opinion September 15, 1997 Re: Corporations — Agricultural Corporations — Definitions; Ownership of Agri-cultural Land; Operation of Feedlot; Restrictions; Exceptions; Process for Rescinding County Resolution Public Health — Secretary of Health and Environment, Activities — Prevention of Water Pollution; Standards; Permits; Exemption; Confined Feeding Facilities; […]

Delton M. Gilliland Attorney General of Kansas — Opinion October 17, 2006. Re: Personal and Real Property — Land and Water Recreational Areas — Recreational Trails; Duties of Responsible Party; Authority of County Counties and County Officers — County Commissioners; Powers and Duties — Powers of Board of Commissioners; Funding Repair of Privately Owned Bridges; […]

Dorothea K. Riley. Attorney General of Kansas — Opinion December 14, 2006. Re: Cities and Municipalities — Buildings, Structures and Grounds; Development and Redevelopment of Areas In and Around Cities — Purpose of Act; Redevelopment Project Costs; Infrastructure Outside Redevelopment District Synopsis: Redevelopment project costs that are payable from bonds issued pursuant to the Tax […]

Larry Welch Attorney General of Kansas — Opinion October 6, 1995 Re: Criminal Procedure; Kansas Code of Criminal Procedure — Sex Offender Registration — Offender Released; Probation, Suspended Sentence, Community Corrections Synopsis: The Kansas sex offender registration requirement is applicable to persons convicted of a sexually violent offense whether the final disposition is commitment to […]

W. Charles Smithson, Legal Counsel Attorney General of Kansas — Opinion June 19, 1997 Re: Legislature — State Governmental Ethics — “State Agency” and “Rules and Regulations” Defined; KTEC; Kansas, Inc. State Boards, Commissions and Authorities — Kansas, Inc. — Kansas, Inc.; Membership; Application of State Governmental Ethics Laws State Boards, Commissions and Authorities — […]

Frank H. Jenkins, Jr. Attorney General of Kansas — Opinion February 3, 2000 Re: Cities of the Third Class — Government By Mayor and Council and General Laws Applicable to Cities of the Third Class; Powers and Duties of Mayor — President of Council; Removal Synopsis: No constitutional or statutory provision establishes a term of […]

Frank E. Kohl Attorney General of Kansas — Opinion February 20, 1996 Re: Crimes and Punishments — Crimes Affecting Governmental Functions Attempting to Influence a Judicial Officer; Victim Impact Statements Synopsis: A victim impact statement which is part of the presentence investigation report and is prepared by either a victim or a victim advocate on […]

Harold Walker, City Attorney Attorney General of Kansas — Opinion June 18, 1997 Re: Laws, Journals and Public Information — Records Open to Public — Lists of Names and Addresses Derived from Public Records; Exception to Disclosure Synopsis: K.S.A. 45-216(a) requires public records to be open for inspection unless the record falls within one of […]

Dale Bell Attorney General of Kansas — Opinion July 10, 1998 Re: Minors — Kansas Juvenile Offenders Code; General Provisions — Records of Law Enforcement Officers and Municipal Courts; Disclosure of Municipal Court Records Regarding Possession of Cigarette and Tobacco Products by Juveniles Synopsis: K.S.A. 1997 Supp. 38-1608 prohibits municipal courts from disclosing court records […]

Thomas W. Groneman, Director Attorney General of Kansas — Opinion June 16, 2010 Re: Intoxicating Liquors and Beverages — Licensing and Related Provisions; City Option; Beer Distributor’s License; Rights of Licensee; Sale of Cereal Malt Beverage to Holders of City-Issued Temporary Cereal Malt Beverage Licenses Intoxicating Liquors and Beverages — Certain Prohibited Acts and Penalties; […]

Melissa A. Wangemann Attorney General of Kansas — Opinion July 21, 1998 Re: Contracts and Promises — Funeral and Cemetery Merchandise Agreements, Contracts and Plans; Prearranged Funeral Agreements — Conditions; Administration of Funds; Payment Into Trust Fund Contracts and Promises — Funeral and Cemetery Merchandise Agreements, Contracts and Plans; Cemetery Merchandise Contracts — Trust Fund […]

Fred W. Johnson Attorney General of Kansas — Opinion April 24, 1997 Re: State Departments; Public Officers and Employees — Public Officers and Employees; Open Public Meetings — Meetings of State and Subdivisions Open to Public; Exceptions Synopsis: The Waiver Board of the Labette County Community Corrections Camp acts in a quasi-judicial capacity when it […]

John P. Wheeler, Jr. Attorney General of Kansas — Opinion September 22, 1997 Re: Minors — Kansas Code for Children; General Provisions-Definitions of Child in Need of Care; Jurisdiction of District Court When Minor Violates Certain Municipal Ordinances or County Resolutions Cities and Municipalities — Code for Municipal Court; General Provisions — Jurisdiction of Municipal […]

James R. Campbell Attorney General of Kansas — Opinion March 4, 1994 Re: Counties and County Officers — General Provisions — Expenditure of Money for Legal Representation of County Official or Employee Who Has Been Indicted on Criminal Charges Synopsis: The board of Coffey county commissioners may consider on a case-by-case basis whether county officials […]

Sandra L. Jacquot Attorney General of Kansas — Opinion June 5, 1995 Re: Public Health — Maternity Centers and Child Care Facilities — Definitions Relating to Child Care Facilities; Shawnee County Youth Center Synopsis: The Shawnee county youth center is a “child care facility” subject to licensure and regulation by the Kansas department of health […]

Darrel G. Shumake Attorney General of Kansas — Opinion June 17, 1994 Re: Constitution of the State of Kansas — Corporations — Cities’ Powers of Home Rule; Charter Ordinance; Petition Synopsis: Article 12, section 5(3) of the Kansas constitution requires that a petition demanding that a charter ordinance be submitted to a vote of the […]

Lee Hornbaker Attorney General of Kansas — Opinion November 5, 1997 Re: Taxation — Judicial Foreclosure and Sale of Real Estate by County — Action to Enforce Lien for Unredeemed Real Estate Bid in by County; Summons; Service by Publication; Application of Doctrine of Lis Pendens and K.S.A. 60-2201 Synopsis: K.S.A. 60-2201 and the doctrine […]

Michael P. Dreiling Attorney General of Kansas — Opinion March 8, 1999 Re: Counties and County Officers — County Commissioners; Powers and Duties — Eligibility to Office of Commissioner; Prohibition on Holding City Office Synopsis: The position of Public Works Director of the City of Liberal is not a “city office” for purposes of K.S.A. […]

Jeffrey A. Mason, Counsel Attorney General of Kansas — Opinion December 14, 2000 Re: Waters and Watercourses — Weather Modification — Licenses for Weather Modification Activities; Issuances and Limitations; Permit for Weather Modification Projects; Studies, Hearings and Investigations; Research and Development Programs; Expenditure of Funds; Representation of State in Weather Modification Matters Counties and County […]

Vernon L. Jarboe Attorney General of Kansas — Opinion November 17, 1994 Re: Taxation — Banks, Banking Businesses, Trust Companies and Savings and Loan Associations — National Banking Associations and State Banks; Tax Imposed; “Net Income” Defined Synopsis: The tax imposed by K.S.A. 79-1107 on national banking associations and state banks for the privilege of […]

The Honorable Clyde D. Graeber Attorney General of Kansas — Opinion November 3, 1998 Re: Roads and Bridges; Miscellaneous — Express Highways and Freeways — Secretary of Transportation to Have Management of State Highway Fund and Investment of Such Fund; Highway Bond Proceeds Fund, Created; Investment of Proceeds; Highway Bond Debt Service Fund, Created; Investment […]

The Honorable Bob Grant Attorney General of Kansas — Opinion July 18, 1994 Re: Constitution of the State of Kansas — Legislative — Uniform Operation of Laws of a General Nature; 1994 Senate Bill No. 459 Synopsis: The amnesty provisions of 1994 senate bill no. 459 do not violate the uniform and equal provisions of […]

The Honorable L. Candy Ruff Attorney General of Kansas — Opinion June 19, 1997 Re: Cities of the First Class — Commission Form of Government; Miscellaneous Provisions — Relatives of Mayor and Commissioners Disqualified From Office Synopsis: The Director of the Leavenworth Parks and Recreation Department is not disqualified from holding a city office pursuant […]

The Honorable Don C. Smith Attorney General of Kansas — Opinion September 20, 1994 Re: Cities and Municipalities — Miscellaneous Provisions — City and County Service for Programs for the Elderly; Procedure for Submitting Tax Levy Propositions to Voters Synopsis: The board of county commissioners may not levy a tax under K.S.A. 12-1680 for elderly […]

Ken W. Strobel, City Attorney Attorney General of Kansas — Opinion June 19, 1996 Re: Intoxicating Liquors and Beverages — Licensing and Related Provisions; City Option — Power to Regulate Alcoholic Liquor; City’s Authority to Issue Retail Liquor Store License Synopsis: The liquor control act preempts the field of liquor control in the areas of […]

John T. Bird Attorney General of Kansas — Opinion January 3, 2002 Re: Public Records, Documents and Information — Records Open to the Public — Definitions; Electronic Mail Between City Council Members Synopsis: The Kansas Open Records Act (KORA), K.S.A. 45-215 et seq., applies to computer records as well as paper records. A record created […]

Allyson Christman, Legal Counsel Attorney General of Kansas — Opinion March 28, 2003 Re: State Boards, Commissions and Authorities — Kansas Highway Patrol — Patrol Created; Appointment and Salary of Superintendent and Assistant Superintendent; Qualifications of Officers and Troopers; Secondary Employment of Troopers Synopsis: Given the legislative history of the statute, the prohibitive language of […]

The Honorable Ron Thornburgh Attorney General of Kansas — Opinion March 10, 1999 Re: Elections — Primary Elections — Official Primary Election Ballots; Names Printed More Than Once on Ballot Prohibited; Election of Members of Local Boards of Education Elections — Official Ballots — Candidates’ Names on Ballots; Name on Ballot More Than Once, When; […]

Jane Conroy, President Attorney General of Kansas — Opinion May 4, 2000 Re: Public Health — Healing Arts — Persons Not Engaged in the Practice of Healing Arts; Delegation of a Professional Service by a Licensed Practitioner of the Healing Arts Public Health — Regulation of Nursing; Registered Nurse Anesthetists — Delegation of a Professional […]

The Honorable Melvin Minor Attorney General of Kansas — Opinion September 2, 1999 Re: State Departments; Public Officers and Employees — Kansas Tort Claims Act — Groundwater Management District — Application of Kansas Tort Claims Act Synopsis: A groundwater management district (GMD) organized pursuant to K.S.A. 82a-1020 et seq. as a body politic and corporate […]

The Honorable Clyde D. Graeber Attorney General of Kansas — Opinion February 23, 1994 Re: Constitution of the State of Kansas — Miscellaneous — State-Owned and Operated Lottery Synopsis: The phrase “state-owned and operated,” as used in article 15, section 3c of the Kansas constitution, is not synonymous with the phrase “state-regulated, licensed and taxed,” […]

Don L. Scott Attorney General of Kansas — Opinion December 13, 1994 Re: Automobiles and Other Vehicles — Uniform Act Regulating Traffic; Rules of the Road; Serious Traffic Offenses — Driving Under Influence of Alcohol or Drugs; Penalties Crimes and Punishments — Kansas Criminal Code; Classification of Crimes and Penalties; Sentencing Guidelines — Grid for […]

Jan Satterfield Attorney General of Kansas — Opinion April 9, 2001 Re: Township and Township Officers — Township Officers — Qualifications and Oaths of Certain Township Officials; Qualified Elector; Residence Cities of the Third Class — Election, Appointment and Removal of Officers — Qualifications of Officers; Qualified Elector, Residence Elections — Conduct of Elections — […]

The Honorable Lana Oleen Attorney General of Kansas — Opinion January 3, 1997 Re: Mentally Ill, Incapacitated and Dependent Persons; Social Welfare — Reporting Abuse, Neglect or Exploitation of Certain Persons — Abuse, Neglect or Exploitation of Residents; Duties of Department of Social and Rehabilitation Services and Department of Health and Environment; Investigations; Assistance of […]

Steven W. Hirsch Attorney General of Kansas — Opinion July 30, 2001 Re: Automobiles and Other Vehicles — Drivers’ Licenses; Motor Vehicle Drivers’ License Act — Persons to Whom License Not Issued; Exceptions; Restricted Licenses, Conditions and Requirements Automobiles and Other Vehicles — Drivers’ Licenses; Miscellaneous Provisions — Farm Permit; Requirements; Procedure Synopsis: Both K.S.A. […]

The Honorable Vicki Schmidt Attorney General of Kansas — Opinion November 2, 2007. Re: Schools — School Safety and Security Act; Information Regarding Identity of Specified Pupils; Disclosure Requirements; Criminal Acts; Reports to Law Enforcement Agencies; Family Educational Rights and Privacy Act Schools — School Safety Violations, Suspension of Driving Privileges — Suspension of Driver’s […]