Category: Kansas Attorney General Opinions

The Honorable Anthony Hensley Attorney General of Kansas — Opinion October 9, 1997 Re: Public Records, Documents and Information — Records Open to Public — Definitions; Public Agency; Ad Astra Funds as a Public Agency for Purposes of Open Records Act State Departments; Public Officers and Employees — Public Officers and Employees; Open Public Meetings […]

The Honorable Don Steffes Attorney General of Kansas — Opinion March 8, 2000 Re: Banks and Banking; Trust Companies — Banking Code; Deposit of Public Moneys — Designation of Depositories for Municipal and Quasi-municipal Funds; Duty of Public Officers; Eligible Depositories; Exemption from Liability for Loss by Official Depository Synopsis: Local public officials may solicit […]

Dr. Ramon Powers Attorney General of Kansas — Opinion April 16, 1999 Re: State Departments; Public Officers and Employees — State Historical Society — Delegation of Duties to Cities, Counties or State Board of Regents or Institutions State Departments; Public Officers and Employees — Public Officers and Employees; Open Public Meetings — Application to Local […]

The Honorable Joe McLeland Attorney General of Kansas — Opinion April 29, 2004 Re: Constitution of The United States — Legislative Powers — Powers of Congress; Power to Regulate Commerce; Whether State Legislation Permitting Out-of-State Wineries to Ship Product to Kansas Licensed Retailers Upon Customer Order Violates the Commerce Clause Amendments to the Constitution of […]

The Honorable Pat Huggins Pettey Attorney General of Kansas — Opinion January 21, 1994 Re: Counties and County Officers — Parks, Museums, Lakes and Recreational Grounds; Wyandotte County — Deputy Sheriffs for Enforcement of Park Regulations; Park Rangers’ Authority Outside the Park Grounds Synopsis: Park rangers deputized by the county sheriff have full authority to […]

The Honorable Scott Schwab Attorney General of Kansas — Opinion June 25, 2010. Re: State Boards, Commissions and Authorities — State Highway Commission — Division of Vehicles, Records; Disclosure; Disclosure of Image Information Synopsis: The federal Driver’s Privacy Protection Act of 1994 (DPPA) is considered “other law” for purposes of state law authorizing disclosure of […]

Nola Foulston Attorney General of Kansas — Opinion November 21, 1995 Re: Townships and Township Officers — Township Officers — Salaries; Reimbursement for Expenses Synopsis: Township board members may be compensated only for the positions which they are statutorily authorized to hold and only in the amount specified by statute. A monthly “salary” may not […]

Harold T. Walker Attorney General of Kansas — Opinion February 8, 1993 Re: Automobiles and Other Vehicles — Driving Under the Influence of Alcohol or Drugs; Related Provisions — Alcohol and Drug Safety Action Program; Fee, Disposition Synopsis: Money credited to the alcohol and drug safety action fund pursuant to K.S.A. 8-1008 may not be […]

Deryl W. Wynn, General Counsel Attorney General of Kansas — Opinion December 31, 1997 Re: Schools — Organization, Powers and Finances of Boards of Education — Boards of Education; General Powers; Contracts; Telemedicine Synopsis: Boards of education may contract for services or supplies necessary for nurses to perform their duties. K.S.A. 72-1758; 72-1793; 72-17,104; 72-5501; […]

The Honorable Richard D. Reinhardt Attorney General of Kansas — Opinion November 15, 1994 Re: Schools — Community Colleges — Organization, Powers and Finances of Boards of Trustees — Boards of Trustees; Powers and Duties; Lease-Purchase Agreement; Conditions Synopsis: A lease-purchase agreement entered into under subsection (9) of K.S.A. 71-201 is not subject to the […]

The Honorable Greta H. Goodwin Attorney General of Kansas — Opinion February 6, 2001 Re: Elections — Recall of Elected Officials — Recall of Local Officers; Petitions for Recall of Local Officers; Circulation; Signatures; Filing, When; When Improperly Filed Synopsis: K.S.A. 25-4323 precludes filing a recall petition during the first 120 days of a term […]

The Honorable Clyde D. Graeber Attorney General of Kansas — Opinion April 20, 1993 Re: Taxation — Kansas Retailers’ Sales Tax — Definitions; Selling Price; State and Federal Excise Taxes as Part of Total Cost to Consumer Synopsis: The Kansas retailers’ sales tax act requires inclusion of federal and state cigarette taxes in the amount […]

Don Knappenberger Attorney General of Kansas — Opinion August 23, 1996 Re: Cities and Municipalities — Public Recreation and Playgrounds — Establishment of System of Public Recreation; Establishment By Petition or By Action of City or School District; Annual Budget; Tax Levy; Revocation of Authority to Operate Synopsis: A recreation system established pursuant to K.S.A. […]

The Honorable Tom Bradley Attorney General of Kansas — Opinion February 6, 1995 Re: Taxation — Bingo — Definitions; Call Bingo; Use of Electronic Facilitators Synopsis: FortuNet 2000, as described herein, is a facilitator which serves as an electronic card for use in legal bingo operations. As such, its use is consistent with the definition […]

Edward S. Dunn Attorney General of Kansas — Opinion September 13, 2004 Re: Public Health — Emergency Medical Services — Ambulance Service; Purchasing Ambulance for Use by Private Ambulance Service; Public Purpose Doctrine Counties and County Officers — County Commissioners — Sale or Disposition of County Property; Sale of Ambulance to Private Ambulance Service Synopsis: […]

Steven W. Hirsch Attorney General of Kansas — Opinion April 28, 2000 Re: Cities and Municipalities — Cities of the Third Class — Public Purpose Doctrine; Renting City Owned Equipment to Private Individuals Synopsis: In the absence of a public purpose, a city cannot rent city equipment to private individuals for private use. Cited herein: […]

Ridgeway Township Board Attorney General of Kansas — Opinion June 20, 1997 Re: Automobiles and Other Vehicles — Drivers’ Licenses; Uniform Commercial Driver’s License Act — Definitions; Road Grader Operator Required to Have a Commercial Driver’s License Synopsis: The operator of a township road grader used on the public roadways for transportation related purposes is […]

The Honorable Clyde D. Graeber Attorney General of Kansas — Opinion January 23, 1995 Re: State Boards, Commissions and Authorities — Board of Examiners for Hearing Aids — Certificate of Registration or Endorsement; Fee and Audiometric Equipment Test Documentation Required; Reciprocity Synopsis: An administrative agency’s interpretation of a regulation must be consistent with the language […]

Clyde D. Graeber, Secretary Attorney General of Kansas — Opinion July 12, 2001 Re: Mentally Ill, Incapacitated and Dependent Persons; Social Welfare — Adult Care Homes — Operation of Adult Care Home; Background Check of Employees Public Health — Home Health Agencies — Operation of Home Health Agency; Background Check of Employees Synopsis: The Kansas […]

Richard A. Euson Attorney General of Kansas — Opinion August 12, 2009. Re: Constitution of the State of Kansas — Corporations — Cities’ Power of Home Rule; Charter Ordinance; Petition Requirements; “Last Preceding Regular City Election” Elections — Sufficiency of Petitions — Application to Local Elections; Determination of Sufficiency of Petitions; Signatures; Question to be […]

James F. Rueger Attorney General of Kansas — Opinion July 24, 1995 Re: Militia, Defense and Public Safety — Emergency Preparedness for Disasters; Emergency Management — Duties of Division of Emergency Management; County and City Disaster Agencies Public Health — Emergency Planning and Community Right-to-Know — State Emergency Response Commission Synopsis: The responsibilities, duties, powers […]

H. David Starkey Attorney General of Kansas — Opinion August 21, 2007. Re: Hotels, Lodginghouses and Restaurants — Food Service and Lodging Establishments — License for Food Service Establishment Required Public Health — Food, Drugs and Cosmetics — Retail Food Stores; License Requirements, Fees, Inspections, Denial, Hearing, Display Synopsis: The limited regulation authority granted to […]

James L. Francisco Attorney General of Kansas — Opinion May 27, 1994 Re: Criminal Procedure — Release Procedures — Parole Eligibility; Release, When; Hearings Synopsis: The Kansas parole board remains under a statutory duty to conduct a revocation hearing for a parolee who, while on parole for a crime committed prior to July 1, 1993, […]

John Badger Attorney General of Kansas — Opinion February 23, 2010. Re: Mentally Ill, Incapacitated and Dependent Persons; Social Welfare — Information Concerning Applicants For and Recipients of Assistance; Confidentiality; Exceptions; Applicants and Recipients of the Residential Appliance Replacement Program State Board, Commissions and Authorities — Development Finance Authority; General Powers of Authority; Subsidiary Corporations; […]

The Honorable Lana Oleen Attorney General of Kansas — Opinion March 25, 1996 Re: Crimes and Punishments; Kansas Criminal Code — Crimes Against the Public Morals — Gambling; Internet Gambling Synopsis: Placing, receiving or forwarding a bet and participating in or conducting a lottery on the Internet violates Kansas criminal gambling statutes. If a bet […]

Jared Holste Attorney General of Kansas — Opinion March 11, 2009. Re: Counties and County Officers — Hospitals and Related Facilities — Tax Levy, Increase; Authority of a County Commission to Modify a Proposed Tax Levy Increase Proposed by an Elected Hospital Board of Trustees Synopsis: The authority to set a mill levy for county […]

George Teagarden Attorney General of Kansas — Opinion March 31, 2000 Re: Livestock and Domestic Animals — Animal Dealers — Definitions; Animal Shelter or Pound Synopsis: An animal shelter employee or shelter volunteer is required to be licensed if, to accommodate the shelter, the employee or volunteer temporarily harbors the animal in the employee’s or […]

The Honorable Ron Todd Attorney General of Kansas — Opinion February 26, 1993 Re: State Departments; Public Officers and Employees — Department of Administration; General Provisions — Procurement Negotiating Committees, Services or Technical Products Synopsis: Under the circumstances and for reasons described herein K.S.A. 75-37,102 may properly be utilized to purchase insurance as prescribed by […]

Craig S. Crosswhite Attorney General of Kansas — Opinion March 17, 1997 Re: Corporations — Agricultural Corporations — Swine Production Facilities; Establishment in County, Procedure Synopsis: Publication requirements for a county resolution permitting corporate swine production facilities under K.S.A. 17-5908 must be complied with in order for the resolution to become effective. Because the statute […]

The Honorable Elaine L. Wells Attorney General of Kansas — Opinion October 6, 1993 Re: Public Records, Documents and Information — Records Open to Public — Insurance Verification Pilot Project Under the Department of Revenue State Boards, Commissions and Authorities — Information Network of Kansas — Charges for Services Provided Synopsis: Any information maintained and […]

Lincoln Township Board Attorney General of Kansas — Opinion June 2, 1995 Re: Counties and County Officers — Fire Protection; Districts in More Than One County — Fire Districts in Two or More Counties; Detachment of Territory Synopsis: When a township detaches from a benefit fire district organized pursuant to K.S.A. 19-3624, the township is […]

Sandra L. Jacquot Attorney General of Kansas — Opinion July 24, 1995 Re: Counties and County Officers — Sewer District — Cost of Project; Assessments Synopsis: A properly imposed utility assessment for services from a county sewer system is not time barred merely because the county failed to bill within a certain time period. In […]

Curtis E. Campbell Attorney General of Kansas — Opinion August 9, 1995 Re: Public Health — Solid and Hazardous Waste; Solid Waste — Collection and Disposal by County; Assessment of Fees; Classification of Real Property Synopsis: If a county elects to establish fees to finance the management of solid waste generated within its boundaries, K.S.A. […]

Yvonne Anderson Attorney General of Kansas — Opinion September 2, 2008. Re: Public Health — Maternity Centers and Child Care Facilities — Prosecutions; Meaning of Term “Complaint” Synopsis: While the context and use of the term “complaint” has evolved somewhat over the years, the essential meaning of the term has not. Thus, as used first […]

Clyde Graeber Attorney General of Kansas — Opinion August 8, 2005 Re: Taxation — Property Exempt From Taxation — Property Exempt from Taxation; Federal Property Federal Jurisdiction — Federal Property; Jurisdiction — Taxing Certain Property Upon Military Reservations Cities and Municipalities — General Provisions — Tax Subdivisions Authorized to Enter into Agreements with Owners of […]

The Honorable Jim Barone Attorney General of Kansas — Opinion July 1, 2003 Re: Criminal Procedure; Kansas Code of Criminal Procedure — Aid to Indigent Defendants — State Board of Indigents’ Defense Services; Prohibition on Interfering with Professional Duties of Counsel Synopsis: The determination regarding whether expert services are necessary to an adequate defense is […]

The Honorable John Vratil Attorney General of Kansas — Opinion February 3, 2000 Re: Public Health — Regulation of Dentists and Dental Hygienists-Definitions; Practice of Dentistry Synopsis: Under the circumstances discussed herein, the sale of impression materials for teeth whitening does not constitute the practice of dentistry as defined by K.S.A. 65-1422, nor does it […]

Ed H. Pavey, Director Attorney General of Kansas — Opinion September 11, 1996 Re: State Boards, Commissions and Authorities — Law Enforcement Training Center; Training Commission — Qualifications for Applicant for Training Course; Requirements; Tribal Law Enforcement Officers Synopsis: Otherwise qualified employees of a tribal law enforcement agency of an Indian nation that has entered […]

Clyde D. Graeber, Secretary Attorney General of Kansas — Opinion August 3, 2000 Re: District Officers and Employees — District Coroners — Notification of Death to Coroner or Deputy; When Synopsis: If a coroner in the county of the cause of death decides that an investigation into the cause of death should take place, the […]

The Honorable Frank L. Yeoman, Jr. Attorney General of Kansas — Opinion March 29, 1993 Re: Probate Code — Care and Treatment for Mentally Ill Persons — Hearing on the Petition; Procedure; Court Orders Synopsis: The county or district attorney of the county in which the application is filed represents the applicant. The application may […]

Dale M. Dennis Attorney General of Kansas — Opinion November 28, 1995 Re: Schools — Charter Schools — Waiver of Policies, Rules and Regulations, Statutory Provisions; Authority of State Board of Education; Constitutionality Synopsis: The delegation of authority under K.S.A. 1994 Supp. 72-1906 to the state board of education allowing waiver of statutory requirements results […]

The Honorable Delbert L. Gross Attorney General of Kansas — Opinion April 20, 1993 Re: Public Health — Central Interstate Low-Level Radioactive Waste Compact — Central Interstate Low Level Radioactive Waste Compact; Storage of Low Level Radioactive Waste Militia, Defense and Public Safety — Nuclear Energy Development and Radiation Control Act — Declaration of Policy; […]

Robert L. Stockwell, Executive Director Attorney General of Kansas — Opinion November 2, 2000 Re: State Departments; Public Officers and Employees — Performance Review Board — Kansas Performance Review Board; Powers and Duties; Authority to Charge State Agencies for Cost of Review Synopsis: The Kansas Performance Review Board has been authorized since May 20, 1998 […]

Rodney H. Symmonds Attorney General of Kansas — Opinion October 14, 1994 Re: Crimes and Punishments; Kansas Criminal Code; Prohibited Conduct — Crimes Against Property — Theft; Breach of Lease-Purchase Agreement and Failure to Return Property Synopsis: The statutory presumption created by K.S.A. 21-3702(1)(b) for proving intent to permanently deprive in a theft prosecution is […]

The Honorable Tom Sloan Attorney General of Kansas — Opinion August 27, 2001 Re: Taxation — Kansas Retailers’ Sales Tax — Retailers’ Sales Tax Imposed; Rate; Exempt Sales Water and Watercourses — Clean Drinking Water Fee — Water Sales Subject to Tax or Fee Synopsis: House Substitute for Senate Bill No. 332, enacted by the […]

Fred W. Rausch, Jr. Attorney General of Kansas — Opinion April 20, 1995 Re: Schools — Teachers’ Contracts; Administrators; Contracts; Nonrenewal Procedure — Meeting With Board; Executive Session; Counsel Synopsis: The term “counsel” as used in K.S.A. 72-5453 includes an attorney or lawyer. Cited herein: K.S.A. 72-5451; 72-5453. * * * Carla J. Stovall, Attorney […]

William W. Jeter, Counsel Attorney General of Kansas — Opinion November 2, 2000 Re: Schools — Transportation of Students — Transportation of Nonpublic School Pupils; Contracts for Transportation of Certain Students; Reimbursement for Mileage Synopsis: A unified school district that provides school bus transportation for its pupils is required to provide school bus transportation for […]

The Honorable Alicia L. Salisbury Attorney General of Kansas — Opinion September 27, 1993 Re: Intoxicating Liquors and Beverages — Certain Prohibited Acts and Penalties — Sale on Credit or in Trade Prohibited; Distinction Between On Premise and Off Premise Sales; Equal Protection Synopsis: K.S.A. 1992 Supp. 41-717, prohibiting credit sales of packaged liquor for […]

Daniel J. Sevart, Chairman Attorney General of Kansas — Opinion May 8, 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: A Judicial Council employee is an […]

Betty Rose, Executive Director Attorney General of Kansas — Opinion November 6, 2003 Re: Personal and Real Property — Land Surveys — Review by County Surveyor; Scope of Review Synopsis: K.S.A. 2002 Supp. 58-2005, which requires county surveyors to certify plats prior to recording, mandates compliance only with the requirements of K.S.A. 58-2001 et seq. […]

Ms. Kathy Peters Attorney General of Kansas — Opinion May 29, 1996 Re: Cities and Municipalities — Buildings, Structures and Grounds; Development and Redevelopment of Areas In and Around Cities — Central Business District Areas; Tax Increment Financing Synopsis: Tax increment costs incurred at the commencement of a tax increment project can be repaid over […]

Mr. Bill McCormick Attorney General of Kansas — Opinion September 27, 1993 Re: Constitution of the State of Kansas — Bill of Rights — Liberty of Press and Speech; Use of Senior Citizens’ Center for Church Services Constitution of the United States — Amendments to the Constitution of the United States — Freedom of Religion, […]

The Honorable John L. Vratil Attorney General of Kansas — Opinion February 14, 2002 Re: Schools — Organization, Powers and Finances of Boards of Education — Interlocal Cooperation Agreements; Education Service Center; Authority to Perform Certain Functions Synopsis: An education service center may purchase a private business for the purpose of providing accounting, internet and […]

Michael G. Coash Attorney General of Kansas — Opinion February 18, 1993 Re: Cities and Municipalities — General Provisions — City Retailers’ Sales Tax; Election Synopsis: A city can hold an election on the issue of continuing a retailers’ sales tax which will sunset more than one year after the election. Cited herein: K.S.A. 1992 […]

John L. Vratil, Legal Counsel Attorney General of Kansas — Opinion August 27, 2001 Re: Cities and Municipalities — Public Recreation and Playgrounds — Recreation Commission; Powers of Recreation Commission; Annual Budget; General Fund Budget; Capital Improvement Fund; Acquisition of Real Property Synopsis: The conclusions expressed in Attorney General Opinion No. 2001-1 are based on […]

Mary Ann Gabel Attorney General of Kansas — Opinion November 1, 1994 Re: Public Health — Social Workers — Qualifications for Licensure; Social Work Specialties; Supervisor Qualifications Synopsis: A Missouri licensed specialist clinical social worker may not attain eligibility as a supervisor of a specialist clinical social worker candidate by successfully completing an approved examination […]

Pamela Campbell Burton, Counsel Attorney General of Kansas — Opinion January 27, 2005 Re: Cities and Municipalities — Governmental Organization — Fire Districts and Fire Department; Fire District, Powers and Duties; Telephonic Board Meetings State Departments — Public Officers and Employees — Public Officers and Employees; Open Public Meetings; Telephonic Meetings Synopsis: A public body […]

Thomas R. Powell Attorney General of Kansas — Opinion May 15, 1995 Re: Cities of the First Class; Government by Mayor and Council and General Laws — Public Improvements — Cities Over 200,000; Issuance of Bonds for Public Improvements; City Home Rule Authority Synopsis: The city of Wichita may, pursuant to its constitutional home rule […]

The Honorable Carl C. Krehbiel Attorney General of Kansas — Opinion January 11, 2001 Re: State Departments; Public Officers and Employees — Public Officers and Employees; Open Public Meetings — Meetings of State and Subdivisions Open to Public Synopsis: Based on the information provided, the Hesston Area Senior Center is not subject to the Kansas […]

Lana Gordon Attorney General of Kansas — Opinion March 11, 2011. Re: Cities and Municipalities — Miscellaneous Provisions — Firearms and Ammunition; Regulation by City or County, Limitations; Openly Carrying a Loaded Firearm. Synopsis: A city or county may regulate the manner of openly carrying a loaded firearm on the person of a concealed carry […]

Alan D. Weber Attorney General of Kansas — Opinion April 22, 2008. Re: Public Health — Emergency Medical Services — Establishment, Operation and Maintenance of Emergency Medical Service; Tax Levies; Protest Petition, Election, Reimbursement of Certain Taxing Districts by Counties Public Health — Emergency Medical Services — Ambulance Service Taxing District; Creation; Governing Body; Tax […]

The Honorable Mark S. Gilstrap Attorney General of Kansas — Opinion June 18, 2003 Re: Minors — Kansas Code for Care of Children — Reporting of Certain Abuse or Neglect of Children; Persons Reporting; Injury as a Result of Sexual Abuse Synopsis: The act of committing a rape of a child injures that child as […]

Robert J. Watson Attorney General of Kansas — Opinion October 23, 1995 Re: Domestic Violence — Federal Violence Against Women Act — Full Faith and Credit Given to Foreign Protection Orders Synopsis: The federal violence against women act (VAWA) requires that a valid protection order issued by a court of another state or an Indian […]

Robert E. Blecha Attorney General of Kansas — Opinion June 26, 2008. Re: Criminal Procedure — Offender Registration — Time Period in which Required to Register; Termination of Registration Requirement; Relief from Registration Requirement for Persons Adjudicated as Juvenile Offenders for Certain Sexually Violent Crimes Synopsis: Notwithstanding K.S.A. 22-4908, a district court may relieve a […]

Jamie Clover Adams Attorney General of Kansas — Opinion December 18, 2001 Re: Agriculture — Grain Commodity Commissions — Creation of Kansas Corn Commission, Kansas Grain Sorghum Commission, Kansas Soybean Commission and Kansas Wheat Commission; Membership; Election Process; Write-in Candidates; Vacancies Synopsis: Write-in votes are valid where such votes are permitted under the law. Because […]

R. Wayne Lampson Attorney General of Kansas — Opinion June 21, 1994 Re: Notaries Public and Commissioners — Unsworn Declarations — Application Affidavit Required by 1994 Senate Bill No. 459 Taxation — Property Valuation, Equalizing Assessments, Appraisers and Assessment of Property; General Provisions; Application Affidavit Required by 1994 Senate Bill No. 459 Synopsis: The application […]

The Honorable Richard Alldritt Attorney General of Kansas — Opinion March 11, 1996 Re: Counties and County Officers — County Appraiser — Qualifications; Ability to Own a Private Appraisal Company Synopsis: A county appraiser is not statutorily precluded from owning an appraisal company that does appraisals in the county served by the appraiser as long […]

The Honorable Karin Brownlee Attorney General of Kansas — Opinion July 30, 2004 Re: Cities and Municipalities — Buildings, Structures and Grounds — Definitions; Use of Monies Raised Through STAR Bonds; Meaning of Word “Property” Synopsis: Until June 3, 2004, the word “property” as used in the Tax Increment Finance (TIF) Act included both personal […]

The Honorable Gayle Mollenkamp Attorney General of Kansas — Opinion January 17, 1995 Re: Counties and County Officers — General Provisions — Limitation and Procedures for Exercise of Home Rule Power of Taxation; County Option Severance Tax on Water Synopsis: County home rule power with regard to imposing a severance tax on water being exported […]

Thomas L. Toepfer Attorney General of Kansas — Opinion February 7, 1994 Re: Crimes and Punishments — Identification and Detection of Crimes and Criminals; Criminal Identification — Fingerprinting of Suspects Charged With Certain Municipal Ordinance Violations Synopsis: Law enforcement authorities are not required to obtain fingerprints from a person who is given a notice to […]

The Honorable Melvin J. Neufeld Attorney General of Kansas — Opinion July 26, 2001 Re: Agriculture — Environmental Remediation; Remediation Linked Deposit Loan Program; Remediation Reimbursement Program — Kansas Agricultural Remediation Board; Creation; Powers and Duties Synopsis: The Agricultural Remediation Board is a state agency for the purpose of promulgating rules and regulations to implement […]

The Honorable Vincent K. Snowbarger Attorney General of Kansas — Opinion August 16, 1993 Re: State Institutions and Agencies; Historical Property — University of Kansas; Medical Student Loan Act — Medical Student Loans; Preference for Rural Applicants; Constitutionality Synopsis: The university of Kansas school of medicine may legally differentiate between rural and urban applicants when […]

Rebecca L. Davis Attorney General of Kansas — Opinion March 28, 2003 Re: Taxation — Mortgage Registration and Intangibles; Mortgage Registration — Fee; Ability to Use Affidavit to Limit Amount of Indebtedness Synopsis: For purposes of assessing the mortgage registration tax, unless incorporated by reference or otherwise made a part of the mortgage itself, an […]

Robert L. Eastman Attorney General of Kansas — Opinion June 8, 1994 Re: Public Health — Solid and Hazardous Waste; Solid Waste — Ability of County to Require a City Within the County to Establish a Mandatory Trash Collection Synopsis: The Montgomery board of county commissioners is authorized to pass a resolution requiring the city […]

The Honorable Richard Alldritt Attorney General of Kansas — Opinion February 10, 2000 Re: Public Health — Abortion — Prohibition Against Partial Birth Abortion; 2000 Substitute for House Bill No. 2581; Constitutionality Synopsis: While a court could choose to uphold the definition of partial birth abortion found in 2000 Substitute for House Bill No. 2581 […]

Blaine Finch Attorney General of Kansas — Opinion January 4, 2006. Re: Counties and County Officers — County Clerk — Duties of County Clerk; Keeping Records; Taking County Commission Minutes Counties and County Officers — County Commissioners — Powers of Board of Commissioners; Control Over County Records; County Commission Minutes Synopsis: The board of county […]

The Honorable John T. “Tom” Thull Attorney General of Kansas — Opinion January 27, 2005 Re: Unfair Trade and Consumer Protection — Supplier — Disclaimer or Limitation of Warranties Synopsis: A financial institution that only occasionally sells vehicles, when necessary to dispose of repossessed collateral on a loan it has made, is not a “supplier” […]

The Honorable Richard J. Edlund Attorney General of Kansas — Opinion March 13, 1995 Re: Publications, Bibliography and Calendar — Legal Publications — Newspapers in Which Legal Publications May be Made; Statutory Requirements. Synopsis: The 1994 amendments to K.S.A. 64-101 establish separate and distinct requirements for qualification as the official newspaper for a city of […]

The Honorable Anthony Hensley Attorney General of Kansas — Opinion September 18, 2000 Re: Elections — Advance Voting — Advance Voting; Unlawful Acts and Penalties; Applications; Distribution and Delivery Synopsis: An advance voting ballot application must be forwarded by any person or group engaged in the distribution of such applications to the county election officer […]

Nick A. Tomasic, District Attorney Attorney General of Kansas — Opinion January 15, 1999 Re: Elections — Political Parties — Precinct Committeemen and Committeewomen; Filling Vacancies; Constitutionality Synopsis: K.S.A. 25-3801 provides that no committeeman or committeewoman may be appointed to fill a vacancy occurring because the political party had no candidate at the primary election […]

The Honorable Melvin J. Neufeld, Chairman Attorney General of Kansas — Opinion June 18, 1997 Re: State Departments; Public Officers and Employees — Civil Service — Certification of Names of Persons Eligible for Appointment to Vacancies; Authority of Secretary of Administration to Delegate Certain Powers State Departments; Public Officers and Employees — Department of Administration; […]

Honorable Tony Powell Attorney General of Kansas — Opinion August 15, 1995 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; Nurses — Intravenous Fluid Therapy; Qualifications of Licensed […]

The Honorable Tim Emert Attorney General of Kansas — Opinion July 25, 1995 Re: Amendments to the Constitution of the United States — Amendment I — Freedom of Speech; City Policy Prohibiting Political Activities in Park Synopsis: A city may not prohibit the use of its park for political advocacy activities or prohibit the distribution […]

Michael G. Coash Attorney General of Kansas — Opinion February 6, 1995 Re: Automobiles and Others Vehicles — Driving Under the Influence of Alcohol or Drugs; Related Provisions — Alcohol and Drug Safety Action Program; Presentence Evaluations; Alcohol and Drug Safety Action Assessment Synopsis: The alcohol and drug safety action fund of the municipal court […]

The Honorable Phil Martin Attorney General of Kansas — Opinion January 19, 1993 Re: Elections — Party Affiliation of Voters — Declaration of Party or Voter Affiliation; Change of Affiliation; Door-to-Door Synopsis: Declaration of a party affiliation is an extension of registering to vote. Declaration of a party affiliation may be conducted only by the […]

The Honorable Sandy Praeger Attorney General of Kansas — Opinion March 24, 1993 Re: State Departments; Public Officers and Employees — Public Officers and Employees; Open Public Meetings — Drug Utilization Review Committee Synopsis: The committee assisting the department of social and rehabilitation services (SRS) in implementing a drug utilization review program for patients receiving […]

Philip E. Winter Attorney General of Kansas — Opinion November 6, 2003 Re: Counties and County Officers — Sanitation Controls — Sanitary Codes in Certain Counties; County Authority to Regulate Water Wells Waters and Watercourses — Groundwater Exploration and Protection — Abandoned Holes; Plugging; County Authority to Regulate Abandoned Water Wells Synopsis: Acting pursuant to […]

Phillip B. Wolfe Attorney General of Kansas — Opinion October 12, 2006. Re: Cities and Municipalities — General Provisions — Countywide and City Retailers’ Sales Taxes; Procedure for Imposition; Election Required; Rate; Use of Revenue; Continuation in Effect of Certain Taxes; County Home Rule Powers to Amend or Substitute Provisions Counties and County Officers — […]

Stan W. Morgan Attorney General of Kansas — Opinion June 18, 1997 Re: Counties and County Officers — County Commissioners — Powers and Duties; Sale or Disposition of County Property; Public Notice; Election, When Synopsis: Riley County should follow the current provisions of K.S.A. 19-211 to sell county property including that authorized for sale by […]

Gregory P. Goheen, Legal Counsel Attorney General of Kansas — Opinion December 7, 2000 Re: Schools — Special Education — Compulsory Attendance of Exceptional Children at School for Receipt of Services; Truancy; Withdrawal from School Synopsis: The obligation placed upon school personnel to file a child in need of care (CINC) report under the Kansas […]

The Honorable Alicia L. Salisbury Attorney General of Kansas — Opinion July 14, 1999 Re: Labor and Industries — Workers Compensation — Medical Examinations; Records; Disclosure Public Health and Welfare — Equal Opportunity for Individuals with Disabilities — Employment Discrimination; Medical Examinations and Inquiries Synopsis: The requirements for medical examinations and disclosure of medical records […]

Keith E. Schroeder Attorney General of Kansas — Opinion January 27, 2005 Re: Crimes and Punishments; Kansas Criminal Code; Prohibited Conduct — Crimes Against the Public Morals — Gambling; Definitions; Poker Tournaments at Locations Requiring a Cover Charge Synopsis: Payment of a required cover charge to enter an establishment and thus be eligible to participate […]

Terry Brewster, Chair Attorney General of Kansas — Opinion May 8, 2002 Re: State Boards, Commissions, and Authorities — Board of Examiners for Hearing Aids — Practice of Dispensing Hearing Aids; Certain Acts Prohibited; Unlawful Practice Synopsis: Making or taking an earmold impression for the purpose of fitting or adapting a hearing aid is within […]

Steven W. Hirsch Attorney General of Kansas — Opinion September 13, 2004 Re: Automobiles and Other Vehicles — Licensure of Vehicle Sales and Manufacture — Establishment of Additional or Relocation of Existing New Vehicle Dealer; Sale of Vehicles to County or City Counties and County Officers — General Provisions — County as Corporation; Powers Generally; […]

Michael Howe Attorney General of Kansas — Opinion April 5, 1993 Re: Cities and Municipalities — Additions, Vacation and Lot Frontage; Annexation by Cities — Annexation of Lands Located in Water Districts Synopsis: Where both the district and city agree that title be retained by the district, it is not mandatory that a city which […]

Richard C. Dearth Attorney General of Kansas — Opinion September 2, 1999 Re: Cities and Municipalities — Licensure and Examination of Certain Contractors; Plumbing, Electrical Wiring, Heating, Ventilation and Air Conditioning — City’s Ability to Impose Apprenticeship Requirement Synopsis: K.S.A. 12-1503 et seq., K.S.A. 1998 Supp. 12-1525 et seq., and K.S.A. 12-1540 et seq., which […]

Amelia McIntyre, Legal Counsel Attorney General of Kansas — Opinion October 16, 1996 Re: Wildlife, Parks and Recreation — Department of Wildlife and Parks — Organization and Powers; Wildlife and Parks Conservation Service and Conservation Officers; Territorial Limits of Law Enforcement Authority Synopsis: The territorial authority of wildlife conservation officers to arrest persons found violating […]

The Honorable Joann Flower Attorney General of Kansas — Opinion February 6, 1995 Re: Constitution of the State of Kansas — Finance and Taxation — System of Taxation; Classification; Recreational Vehicles; Application to Houseboats Synopsis: While article 11, section 1 of the Kansas constitution allows the legislature to define the class of recreational vehicles entitled […]

The Honorable Alex Scott Attorney General of Kansas — Opinion February 21, 1994 Re: Cities and Municipalities — General Provisions — Countywide and City Retailers’ Sales Taxes; Situs of Taxable Transactions Taxation — Kansas Compensating Tax — Rate Where Article Already Subjected to Tax Synopsis: The legislature may, by statute, authorize imposition of a local […]