Category: Kansas Attorney General Opinions

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 […]

Patrick Martin Attorney General of Kansas — Opinion November 15, 2010. Page 1 Re: Crimes and Punishments; Kansas Criminal Code-Crimes Against the Public Morals — Gambling; Definitions; Gambling Device; Lucky Shamrock Phone Card Dispensers Synopsis: Attorney General Opinion No. 97-26 concluded that the “Lucky Shamrock Phone Card Dispenser” is not an illegal gaming device. However, […]

The Honorable Michael R. O’Neal Attorney General of Kansas — Opinion April 26, 1993 Re: State Boards, Commissions and Authorities — State Board of Technical Professions — Definitions; Practice of Land Surveying; Scope Synopsis: A land description constitutes an original land description when it involves a division of land requiring the technical skill and knowledge […]

The Honorable Stan Clark Attorney General of Kansas — Opinion May 9, 2002 Re: Waters and Watercourses — Groundwater Management Districts — Management Program; Board of Directors’ and Chief Engineer’s Function and Duties; Hearings; Approval and Adoption; Periodic Review; Waters and Watercourses; Initiation of Proceedings for Designation of Intensive Groundwater Use Control Areas; Duties of […]

Daniel D. Creitz Attorney General of Kansas — Opinion April 7, 1995 Re: Crimes and Punishments; Kansas Criminal Code; Prohibited Acts — Crimes Against the Public Peace — Giving a False Alarm Synopsis: A police or fire department does not issue a “false alarm” in violation of K.S.A. 1994 Supp. 21-4110, by dispatching fire and […]

The Honorable Sandy Praeger Attorney General of Kansas — Opinion March 2, 1993 Re: Constitution of the State of Kansas — Miscellaneous — Victims’ Rights; Applicability of Notification Requirements in Municipal Court Actions Synopsis: Article 15, section 15 of the Kansas constitution, the victims’ rights amendment, does not exclude municipalities or municipal court proceedings from […]

C.E. Russell Attorney General of Kansas — Opinion August 12, 1994 Re: Bonds and Warrants — Cash-Basis Law — Exemptions; Payment Authorized by Vote of Electors Synopsis: The cash-basis law does not apply to the indebtedness created by an asset purchase contract designed to integrate the city hospital and a private hospital where the voters […]

Roger Werholtz Attorney General of Kansas — Opinion June 16, 2008 Re: Crimes and Punishments — Sentencing; Multiple Sentences; Crimes Committed While Imprisoned; Term of Post Incarceration Supervision; Ex Post Facto Synopsis: 2008 House Bill 2707 which changes the length of post incarceration supervision for inmates who have committed a crime after July 1, 1993 […]

Larry Froelich, Executive Secretary Attorney General of Kansas — Opinion November 5, 1997 Re: Public Health — Regulation of Pharmacists — Medical Care Facilities; Distribution and Control of Prescription Medications; Adult Care Homes, Maintenance and Use of Emergency Medication Kit; Health Departments; Rules and Regulations Synopsis: In our opinion a hospital’s proposal to dispense all […]

William F. Caton, Commissioner Attorney General of Kansas — Opinion December 19, 1997 Re: Consumer Credit Code — Finance Charges and Related Provisions; Consumer Loans; Maximum Finance Charges — Rates Not Applicable to Certain Real Estate Mortgages Contracts and Promises — Interest and Charges — Contract Rate; Application to Real Estate Mortgages Synopsis: The interest […]

Philip E. Winter Attorney General of Kansas — Opinion June 7, 1993 Re: Public Health — Local Boards of Health; Clinics; General — Inspection of Religious Schools and State Colleges and Universities Synopsis: A local health officer has the authority to conduct a sanitary inspection of private, religious schools. However, the definition of “schools” as […]

W. Ted Middendorf, Chairman Attorney General of Kansas — Opinion September 18, 1997 Re: Public Records, Documents and Information — Records Open to Public — Certain Records Not Required to be Open; Correspondence Between a Public Agency and Private Individual. Synopsis: K.S.A. 1996 Supp. 45-221(a)(14) allows letters of complaint to the Board of Accountancy to […]

Douglas F. Martin Attorney General of Kansas — Opinion November 18, 1998 Re: Townships and Township Officers — General Provisions — Transfer of Powers and Duties to County; Procedure Synopsis: The elections required by 1998 House Bill No. 2902 may be conducted as special elections or in conjunction with a general election, depending on the […]

Allen Shelton Attorney General of Kansas — Opinion April 27, 2006. Allen Shelton Smith County Attorney 205 S. Main, P.O. Box 286 Smith Center, Kansas 66967 Re: Public Health — Emergency Medical Services — Establishment of Emergency Communication System by Municipality Counties and County Officers — Sheriff — Charge and Custody of Jail; Liability for […]

The Honorable Kenny A. Wilk Attorney General of Kansas — Opinion February 22, 1996 Re: Cities and Municipalities — Additions, Vacation and Lot Frontage; Annexation by Cities — Conditions Which Permit Annexation; Agricultural Use Exception Synopsis: The mere presence of a rural or suburban home site is not sufficient to destroy the prohibition against annexing […]

William Jeter Attorney General of Kansas — Opinion February 7, 1994 Re: Cities and Municipalities — Miscellaneous Provisions — Investment of Public Moneys by Governmental Subdivisions, Units and Entities; Repurchase Agreements Synopsis: K.S.A. 1993 Supp. 12-1675 requires that the securities underlying a repurchase agreement involving a municipality, must be delivered to the municipality and be […]

The Honorable Eugene L. Shore Attorney General of Kansas — Opinion January 30, 1997 Re: Constitution of the State of Kansas — Finance and Taxation — System of Taxation; Classification; Exemption; Farm Machinery and Equipment Taxation — Property Exempt from Taxation — Farm Machinery and Equipment; Exclusive Use for Farming or Ranching Synopsis: The constitutional […]

The Honorable Bob Vancrum Attorney General of Kansas — Opinion April 8, 1994 Re: Cities and Municipalities — Public Recreation and Playgrounds — Recreation Commission; Membership; Removal; Authority of Individual Member of Commission Synopsis: The recreation commission, as the appointing authority, has the power to remove the member of the recreation commission it appointed for […]

The Honorable Laura McClure Attorney General of Kansas — Opinion October 10, 1995 Re: Constitution of the State of Kansas — Finance and Taxation — System of Taxation; Classification; Commercial and Industrial Machinery and Equipment Synopsis: Estimating retail cost when new of a piece of commercial or industrial machinery or equipment in accordance with the […]

John Vratil Attorney General of Kansas — Opinion January 23, 2009. Re: Constitution of the State of Kansas — Legislative — Subject and Title of Bills; One Subject Rule; 2008 Senate Bill 534 Provisos Synopsis: Provisos in the 2008 omnibus appropriations bill addressing legislators securing approval to attend certain out-of-state meetings, legislative assistants working during […]

The Honorable Clyde D. Graeber Attorney General of Kansas — Opinion June 12, 1998 Re: State Departments; Public Officers and Employees — State Moneys — Investment Accounts; Types; Procedures; Requirements; Alternatives Authorized; Limitations; Director of Investments to Invest and Reinvest Moneys; Rates and Regulations Synopsis: The Director of Investments of the Pooled Money Investment Board […]

Steven W. Hirsch Attorney General of Kansas — Opinion December 20, 2001 Re: Counties and County Officers — Sheriff — Charge and Custody of Jail; Liability for Acts Counties and County Officers — Jails — County Jails; City Prisoners; Compensation for Maintenance Synopsis: The Decatur County Sheriff is required to comply with a municipal court […]

Jeffrey O. Ellis Attorney General of Kansas — Opinion September 24, 2007. Re: Cities and Municipalities — Miscellaneous Provisions — Investment of Public Moneys by Governmental Subdivisions, Units and Entities; Conditions and Limitations; Moneys not Immediately Required; Idle Funds Cities and Municipalities — Miscellaneous Provisions — Special Trustee Hospital; Whether Governmental Entity for Purposes of […]

Keith D. Hoffman Attorney General of Kansas — Opinion September 21, 2001 Re: Automobiles and Other Vehicles — Uniform Act Regulating Traffic; Size, Weight and Load of Vehicles — Criminal Penalties for Violation of Size and Weight Laws; Exceptions; Permits for Oversize or Overweight Vehicles Synopsis: Vehicles owned and operated by a county for the […]

Robert Londerholm Attorney General of Kansas — Opinion January 28, 1993 Re: State Boards, Commission and Authorities — Parimutuel Racing — Horse Breeding Development Fund; Apportionment of Breakage on Simulcast Races Synopsis: Moneys credited to the Kansas horse breeding development fund are to be apportioned into categories corresponding with the various breeds of horses participating […]

The Honorable Laura McClure Attorney General of Kansas — Opinion September 18, 2002 Re: Constitution of the State of Kansas — Legislative — Legislative Power; Authority of Legislature to Transfer Money from Special Revenue Funds into the State General Fund Synopsis: If an assessment so exceeds the cost of regulation that it is apparent the […]

Chris Biggs Attorney General of Kansas — Opinion April 26, 1993 Re: Counties and County Officers — County Attorney — Budget; Limitation of Personnel Action; County Attorney’s Assistants and Employees; Participation in Kansas Association of Public Employees (KAPE) Synopsis: With the exception of assistant county attorneys, employees of the county attorney’s office are “public employees” […]

The Honorable David B. Haley Attorney General of Kansas — Opinion March 22, 2001 Re: Public Health and Welfare — Civil Rights — Federally Assisted Programs; Disbursement of Funds to Applicants of Empowerment Zones Subject to Title VI Synopsis: An urban area designated as an empowerment zone or enterprise community (EZ/EC) by the Secretary of […]

Leigh Hood Attorney General of Kansas — Opinion August 9, 1995 Re: Fees and Salaries — Fees in All Counties and Salaries in Certain Counties — Fees of All Sheriffs; Service of Process for Kansas Department of Human Resources Synopsis: A county sheriff may only charge the $1.00 fee allowed by K.S.A. 28-110 and actual […]

Marvin Rainey Attorney General of Kansas — Opinion February 11, 2010. Re: Public Records, Documents and Information — Records Open to the Public; Certain Records Not Required to be Open; Personnel Records; Individually Identifiable Records Pertaining to Employees; Accrued Leave Synopsis: Records listing the salaries of public employees are open under the Kansas Open Records […]

George Teagarden Attorney General of Kansas — Opinion May 21, 1998 Re: Livestock and Domestic Animals — Protection of Domestic Animals; Diseased Stock and Quarantine Regulations — Rules for Tuberculin Test; Sale of Animal; Payment to Owner Synopsis: Under K.S.A. 47-632, the Livestock Commissioner does not have a statutory responsibility to indemnify the owner of […]

Steven M. Sutton Attorney General of Kansas — Opinion December 6, 2011. Re: Constitution of the United States-Supremacy Clause; Federal preemption of state air ambulance regulations. Public Health — Emergency Medical Services-Ambulance services; Qualifications of applicant for permit; Persons providing emergency care. Synopsis: The Kansas Board of Emergency Medical Services’ ability to regulate medical services […]

J.T. Klaus, Bond Counsel Attorney General of Kansas — Opinion September 12, 2002 Re: Cities and Municipalities — Public Recreation and Playgrounds — Tax Levy; Incremental Tax Levy Taxation — Aggregate Tax Levy Limitations — Suspension of Tax Levy Limitations; Application to Recreation Commission Incremental Tax Levy Synopsis: Because a city or school district has […]

Porter K. Brown Attorney General of Kansas — Opinion July 16, 1993 Re: Automobiles and Other Vehicles — Drivers’ Licenses; Motor Vehicle Drivers’ License Act — Driving While License Canceled, Suspended or Revoked; Penalty; Definition of “Imprisonment” Automobiles and Other Vehicles — Uniform Act Regulating Traffic; Rules of the Road — Serious Traffic Offenses; Driving […]

The Honorable Chris Steineger Attorney General of Kansas — Opinion March 14, 2002 Re: Cities and Municipalities — General Provisions — Police Power; Federal Fair Housing Act; Rental Ordinance Constitution of the United States — Searches and Seizures — City Inspection of Rental Units; Administrative Search Warrants Synopsis: Because a subsequently enacted ordinance excepts group […]

The Honorable Gerald L. Karr Attorney General of Kansas — Opinion November 21, 1995 Re: Constitution of the State of Kansas — Legislative — Election or Appointment of Officers; Appointments; Terms of Office; Constitutionality of Legislation Shortening the Fixed Terms of Incumbent Public Officers Synopsis: Except to the extent the duration of a term of […]

The Honorable Marian Reynolds Attorney General of Kansas — Opinion June 12, 1995 Re: Contracts and Promises — General Provisions — Restraint of Trade; Non-Compete Contract Clause Unfair Trade and Consumer Protection — Restraint of Trade; Commodities — Conspiring to Monopolize Line of Business Synopsis: Kansas courts have allowed covenants not to compete if they […]

The Honorable Susan Wagle Attorney General of Kansas — Opinion June 30, 1995 Re: Elections — Contest of Elections — Costs of Contests of Elections; Waiver; Payment By State Synopsis: The costs incurred in the contest of an election in the seventy-ninth representative district may not be paid from appropriations set forth in L. 1994, […]

The Honorable John Vratil Attorney General of Kansas — Opinion November 2, 2000 Re: Constitution of the State of Kansas — Corporations — Cities’ Powers of Home Rule; Ordinance Prohibiting Ticket Scalping Counties and County Officers — General Provisions — Home Rule Powers; Resolution Prohibiting Ticket Scalping Synopsis: A city or county can enact local […]

The Honorable Jim Barone Attorney General of Kansas — Opinion March 21, 2001 Re: Cities and Municipalities — General Provisions — Countywide and City Retailers’ Sales Tax; Use of Sales Tax Revenue for Economic Development; School District Use Synopsis: A city or county may use the proceeds from a retailers’ sales tax for economic development, […]

John W. Campbell Attorney General of Kansas — Opinion July 1, 2010. Page 1 Re: Insurance — General Provisions Relating to Fire Insurance Companies — Rate Filings; Restricting the Reproduction of Rate Filings Protected by the the Copyright Act, 17 U.S.C. § 101 et seq., or the Kansas Uniform Trade Secrets Act (KUTSA), K.S.A. 60-3320 […]

William W. Jeter Attorney General of Kansas — Opinion June 26, 2008. Re: Cities and Municipalities — Planning and Zoning — Planning, Zoning and Subdivision Regulations in Cities and Counties; Planning Commission; Oath of Office for Commission Members State Departments; Public Officers and Employees — Oath Required for Public Officers; Members of a Joint City […]

The Honorable Ben E. Vidricksen Attorney General of Kansas — Opinion April 30, 1993 Re: Counties and County Officers — County Clerk — County Clerk; Election; Concurrent Service as Party Official Elections — Political Parties — Precinct Committeemen and Committeewomen; Eligibility for Office or Candidacy; Concurrent Service as County Election Officer Synopsis: State statute does […]

Jeffery A. Sutton Attorney General of Kansas — Opinion January 2, 1997 Re: Counties and County Officers — General Provisions — Charter Resolutions; Procedure Waters and Watercourses — Obstructions in Streams — Distribution of Proceeds from Sale of Sand Products Taken From River Beds Owned by State Synopsis: One county commissioner being absent and not […]

Wayne L. Franklin, Secretary Attorney General of Kansas — Opinion May 15, 1995 Re: State Departments; Public Officers and Employees — Department of Human Resources — Division of Workers Compensation; Permissibility of Administrative Law Judge Serving as Municipal Court Judge Synopsis: An administrative law judge employed by the division of workers compensation of the department […]

Estel L. Landreth, DDS Attorney General of Kansas — Opinion March 25, 1996 Re: State Departments; Public Officers and Employees — Public Officers and Employees; Open Public Meetings; Meeting Defined; Majority of a Quorum; Authority of Board of Dental Examiners to Raise Quorum Number Synopsis: The Kansas dental board does not possess express or implied […]

Warren D. Andreas, Legal Counsel Attorney General of Kansas — Opinion June 19, 1997 Re: Schools — General Provisions Relating To School Districts — School Residence; Nonresident Pupils; Attendance in School; Agreements Synopsis: The obligation of providing special education services to an exceptional child is placed upon the unified school district in which the child […]

The Honorable Marvin Smith Attorney General of Kansas — Opinion February 22, 1994 Re: Criminal Procedure — Conditions of Release — Release Prior to Trial — Local Court Rule Concerning Pretrial Release Synopsis: District court rule 3.324 does not sanction the practice of nonjudicial officers admitting persons in custody to bail. Rather, the court has […]

Mr. Kerwin Spencer Attorney General of Kansas — Opinion February 26, 1993 Re: Cities of the Second Class; Government By Mayor and Council and General Laws Applicable to Cities of the Second Class — General Provisions — Member of City Council; Hospital Trustee; Incompatibility of Offices Synopsis: It is our opinion that the offices of […]

The Honorable Ed McKechnie Attorney General of Kansas — Opinion August 4, 1997 Re: Counties and County Officers — General Provisions — Home Rule Powers Counties and County Officers — County Commissioners — Powers and Duties; Providing Crushed Rock to Cities and Private Individuals Synopsis: A county may furnish crushed rock for parking lots and […]

William A. Taylor, III Attorney General of Kansas — Opinion September 2, 1999 Re: Cities and Municipalities — Emergency Telephone Services — Emergency Telephone Tax; Use of Proceeds Synopsis: Proceeds from the emergency telephone tax created by K.S.A. 1998 Supp. 12-5302 may not be used for the purchase of a Data Transmission Network, as described […]

Preston A. Pratt Attorney General of Kansas — Opinion July 8, 2009. Re: Public Records, Documents and Information — Records Open to the Public — Abstracts or Copies of Records; Fees; Contracting With a Private Company to Provide Access to Records by Computer; Granting an Exclusive License for Computer Access; Allowable Fees for Access Synopsis: […]

Robert Waller Attorney General of Kansas — Opinion March 31, 2008. Page 1 Re: Public Health — Emergency Medical Services — Denial, Revocation, Limitation, Modification or Suspension of Attendant’s Certificate; Performing Activities Not Authorized by Statute Public Health — Healing Arts — Licensees Who Direct, Supervise, Order, Refer, Accept Responsibility for, Enter into Practice Protocols […]

Kevin N. Berens Attorney General of Kansas — Opinion March 7, 2003 Re: Counties and County Officers — Law Enforcement in Certain Counties — Law Enforcement System Board; Membership; Terms; Elections; Vacancies Counties and County Officers — General Provisions — Home Rule Power; Limitations, Restrictions and Prohibitions; Procedure Synopsis: The 1974 Consolidated Law Enforcement Act […]

The Honorable Joann Flower Attorney General of Kansas — Opinion August 27, 1993 Re: Roads and Bridges; Roads — General Provisions; Laying Out and Opening Roads — Requirement that Roads be Accepted by County Cities and Municipalities — Planning and Zoning; Planning, Zoning and Subdivision Regulations in Cities and Counties — Subdivision Regulations; Requirements for […]

The Honorable Stan Clark Attorney General of Kansas — Opinion May 15, 1997 Re: Public Utilities — Powers of State Corporation Commission; Electric Public Utilities — Rules, Regulations and Procedure; Change of Rates or Schedules; Procedure Synopsis: The holding in Energy Reserve Group, Inc. v. Kansas Power Light Co , 230 Kan. 176 (1981), cannot […]

Gary A. Anderson Attorney General of Kansas — Opinion January 29, 2007. Re: Cities and Municipalities — Buildings, Structures and Grounds — Definitions; Permissible Use of STAR Bonds; Theme Park Amenities, Amusement Park Rides, Shelters, Multi-Story Parking Decks and Below Grade Sports Stadium to be Owned by or Leased to Developer Synopsis: The limitation against […]

Thomas A. Adrian, Counsel Attorney General of Kansas — Opinion April 20, 1998 Re: Waters and Watercourses — Groundwater Management Districts — District Powers; Home Office; Rules and Regulations Synopsis: The Chief Engineer of the Division of Water Resources is authorized to enforce the Water Appropriation Act and promulgate regulations which apply statewide. Regulations adopted […]

The Honorable Sandy Praeger Attorney General of Kansas — Opinion February 22, 1993 Re: Automobiles and Other Vehicles — Uniform Act Regulating Traffic; Powers of State and Local Authorities — Regulations Governing Design and Operation of School Buses; Compliance with Federal Guidelines Synopsis: Highway safety program guideline 17 (23 C.F.R. § 1204.4) dealing with pupil […]

The Honorable Richard Alldritt Attorney General of Kansas — Opinion April 8, 1993 Re: Unfair Trade and Consumer Protection — Restraint of Trade — Newspaper’s Discounted Advertisement Rate Synopsis: Although price cutting may be an instrument of monopoly power to eliminate competitors, a newspaper company’s discounted advertisement rate, in itself, is merely a competitive price […]

Jane E. Nohr Attorney General of Kansas — Opinion April 7, 2004 Re: State Departments; Public Officers and Employees — Private Investigative or Security Operations — Licensure; Qualifications; Constitutionality of United States Citizenship Requirement Synopsis: Requiring United States citizenship for licensure as a private detective violates the Equal Protection Clause of the 14th Amendment to […]

The Honorable Don Myers Attorney General of Kansas — Opinion June 7, 1995 Re: Cities and Municipalities — Public Improvements; Sewage and Drainage — Sewage Service Charges by Cities; Liens on Rental Property Cities and Municipalities — Franchises — Franchise Provision for Billing and Collection of Sewer Service Charges by Water Company Synopsis: Pursuant to […]

David Maslen Attorney General of Kansas — Opinion May 21, 1998 Re: Crimes and Punishments; Kansas Criminal Code; Prohibited Conduct — Crimes Against Property — Giving a Worthless Check; Administrative Handling Cost Synopsis: The administrative handling cost paid by the issuer of a worthless check under K.S.A. 1997 Supp. 21-3707 should be deposited in a […]

Tracy D. Streeter, Executive Director Attorney General of Kansas — Opinion January 18, 1996 Re: Agriculture — Conservation Districts — Power to Enter into a Lease Purchase Agreement Bonds and Warrants — Cash-Basis Law — Definitions; Municipality and Governing Body; Conservation Districts Synopsis: The new definition of municipality under the cash-basis law did not repeal […]

Laurel D. McClellan Attorney General of Kansas — Opinion September 9, 1994 Re: Fees and Salaries — Fees in All Counties and Salaries in Certain Counties — Allowance for Assistance, Deputies, Clerical and Stenographic Hire in Certain Counties Synopsis: The board of county commissioners is not necessarily required to allow funds for the purchase or […]

The Honorable Susan Wagle Attorney General of Kansas — Opinion February 8, 1993 Re: Constitution of the State of Kansas — Finance and Taxation — System of Taxation; Classification; Extent of Classification for 501 Organizations Synopsis: The 1992 amendment to article 11, section 1 of the Kansas constitution allowing use of a lower assessment rate […]

Patsy Johnson, Executive Administrator Attorney General of Kansas — Opinion November 5, 1997 Re: Public Health — Regulation of Nursing; Nurses — Denial, Revocation of License; Prohibition on Licensure of Felons; Retroactivity Synopsis: Amendments to the Nurse Practice Act stating that no license shall be granted to a certain class of felons apply only to […]

Larry Welch, Director Attorney General of Kansas — Opinion February 10, 1994 Re: Crimes and Punishments; Kansas Criminal Code; Prohibited Conduct — Crimes Against the Public Safety — Unlawful Use of Weapons; Law Enforcement Officer Exception Synopsis: Law enforcement officers may carry a concealed firearm outside the territorial limits of their jurisdiction within the state […]

Sherry Diel, Executive Director Attorney General of Kansas — Opinion October 11, 2001 Re: Crimes and Punishments; Kansas Criminal Code; Prohibited Conduct — Crimes Affecting Public Trusts — Unlawful Use of Names Derived from Public Records; Limited Exception for Use for Solicitation Purposes Public Records, Documents and Information — Records Open to Public — Procedures […]

The Honorable Maurice J. Ryan Attorney General of Kansas — Opinion October 18, 2002 Re: Criminal Procedure; Kansas Code of Criminal Procedure — Uniform Mandatory Disposition of Detainers Act — Application to Municipal Courts Criminal Procedure; Kansas Code of Criminal Procedure — Agreement on Detainers — Application to Municipal Courts Cities and Municipalities — Code […]

The Honorable Ralph M. Tanner Attorney General of Kansas — Opinion December 14, 1999 Re: Schools — Organization, Powers and Finances of Boards of Education — Organization Order for Unified School Districts; Funds; Lawsuits Synopsis: A unified school district may pay litigation expenses when it is a named party in a lawsuit. It may also […]

John R. Dowell Attorney General of Kansas — Opinion August 25, 2003 Re: Cities and Municipalities — Public Recreation and Playgrounds — Annual Budget; Hearing Notice; Tax Levy; Increase in Levy; Subject to Protest; Annual Audit; When Required Taxation — Aggregate Tax Levy Limitations — Suspension of Tax Levy Limitations Synopsis: Under the circumstances recited […]

The Honorable Ron Thornburgh Attorney General of Kansas — Opinion November 3, 1999 Re: Census — Census Data for Reapportionment of Senatorial and Representative Districts — Census Data for Reapportionment of Senatorial and Representative Districts; Adjustment of Federal Census; Definitions; Student; College; University Synopsis: A proprietary school is not included in the definitions of “college” […]

Duane Johnson Attorney General of Kansas — Opinion April 14, 1997 Re: Cities and Municipalities — Libraries — City, County and Township Libraries; Library Fund Established Synopsis: K.S.A. 12-1220 requires that the tax levied pursuant to that statute for the maintenance of a library be kept in a separate fund, to be known as the […]

Mark L. Bennett, Jr., Counsel Attorney General of Kansas — Opinion August 4, 1997 Re: State Boards, Commissions and Authorities — State Board of Technical Professions — Engineering; Exemptions from Requirements for Licensure or Certification Synopsis: In accordance with K.S.A. 1996 Supp. 65-171d, as amended by 1997 House Bill No. 2219, the Kansas Department of […]

Thomas W. Groneman Attorney General of Kansas — Opinion March 2, 2006. Re: Intoxicating Liquors and Beverages — Licensing and Related Provisions — Retailer’s License; Rights of Licensee Intoxicating Liquors and Beverages — Certain Prohibited Acts and Penalties — Retail Sales at Less Than Cost; Permit Required Synopsis: Read in pari materia with other liquor […]

Robert F. Frey Attorney General of Kansas — Opinion February 1, 1995 Re: Counties and County Officers — County Commissioners — Power of Board of Commissioners; Designation of Smoking Area in Courthouse Crimes and Punishments; Kansas Criminal Code; Prohibited Conduct — Crimes Involving Violation of Personal Rights — Smoking in a Public Place Synopsis: K.S.A. […]

Phyllis Gilmore, Executive Director Attorney General of Kansas — Opinion July 22, 2004 Re: Probate Code — Care and Treatment for Mentally Ill Persons — Care and Treatment Act for Mentally Ill Persons; Voluntary Admission to Treatment Facility; Voluntary Out-Patient Treatment of Minors Synopsis: Based on the definition of “treatment facility” in the Care and […]

Richard R. Yoxall, Counsel Attorney General of Kansas — Opinion February 18, 2003 Re: Schools — Boards of Education in Cities of First and Second Classes — Powers and Duties of Board; Cities of the First Class; Publication; Name, Position and Salary of Superintendent and Department Heads Synopsis: A board of education of a unified […]

James M. Immel Attorney General of Kansas — Opinion June 19, 1997 Re: Taxation — Judicial Foreclosure and Sale of Real Estate by County — Joinder of Issues; Trial; Judgement; Redemption Before Day of Sale; Duties of Clerk and Sheriff; Apportionment of Costs, Charges and Expenses Synopsis: If property is sold at a tax foreclosure […]

The Honorable Carol E. Beggs Attorney General of Kansas — Opinion July 24, 1995 Re: Taxation — Property Valuation, Equalizing Assessments, Appraisers and Assessment of Property — Duties of Appraiser Regarding Valuation Increase of Real Property; Deference to be Given Final Decision Reached in Prior Year’s Appeal Process Synopsis: In the taxable year immediately following […]

Tracy T. Diel, Executive Director Attorney General of Kansas — Opinion May 31, 2000 Re: State Boards, Commissions and Authorities — Tribal Gaming Oversight — Prohibited Acts; Penalties Synopsis: K.S.A. 1999 Supp. 74-9809(a) prohibits State Gaming Agency employees from having any direct or indirect financial interest in any tribal gaming facility or any host facility […]

Linden G. Appel Attorney General of Kansas — Opinion March 7, 2011. Re: Public Records, Documents and Information-Records Open to Public — Certain Records not Required to be Open; Correctional Records Pertaining to an Identifiable Inmate or Releasee; Requirement to Release Address; Exclusion of Mental Health or Substance Abuse Counseling; Preemption by Public Health Service […]

Kerry McQueen Attorney General of Kansas — Opinion May 22, 2000 Re: Counties and County Officers — Hospitals and Related Facilities — Expenditures for Recruitment or Retention of Staff; Title to Property; Purchase of Property Located Out of State Synopsis: Kansas law does not permit the Southwest Medical Center to use hospital monies to purchase […]

The Honorable Fred Lorentz Attorney General of Kansas — Opinion February 3, 2000 Re: State Departments; Public Officers and Employees — Kansas Tort Claims Act — Liability of Governmental Entities and Employees; Juvenile Corrections Advisory Boards and Employees of Juvenile Justice Administration Synopsis: The 31st Judicial District Corrections Advisory Board is a governmental entity for […]

Roy S. Bennett, Jr. Attorney General of Kansas — Opinion September 28, 1999 Re: Criminal Procedure; Kansas Code of Criminal Procedure — Arrest — Stopping of Suspect; Authority to Inquire Concerning Violation of Homes Association Regulation Synopsis: A law enforcement officer has no authority to stop a person and make inquiry concerning a possible violation […]

Mr. John J. Gillett Attorney General of Kansas — Opinion July 26, 1993 Re: Schools — Capital Outlay Levy — Capital Outlay Levy, Use of Proceeds; Procedure; Protest and Election; Failure By County Clerk to Levy Synopsis: A unified school district does not possess the authority to certify to the county clerk a capital outlay […]

Estel L. Landreth, D.D.S., President Attorney General of Kansas — Opinion March 16, 1994 Re: Public Health — Regulation of Dentists and Dental Hygienists — Licenses Issued Without Examination; Qualifications of Applicants; Appearance Before Board; “Applicant” Defined Synopsis: The Kansas board of dental examiners has historically interpreted K.S.A. 65-1434(b)(3) to require that a dentist applying […]

John B. Klenda Attorney General of Kansas — Opinion February 9, 1998 Re: Personal and Real Property — Land and Water Recreational Areas; Recreational Trails — Duties of Responsible Party Synopsis: K.S.A. 1996 Supp. 58-3212 imposes requirements on the responsible party of a recreational trail created pursuant to subsection (d) of 16 U.S.C. § 1247 […]

Michelle M. Suter Attorney General of Kansas — Opinion April 3, 1995 Re: Cities and Municipalities — Interlocal Cooperation; General — Interlocal Agreements by Public Agencies Cities and Municipalities — Miscellaneous Provisions — Investment of Public Moneys by Governmental Subdivision; Use of Interlocal Cooperation Agreements Synopsis: While it is appropriate for a city and county […]

Dr. Ramon Powers Attorney General of Kansas — Opinion August 27, 2001 Re: State Departments; Public Officers and Employees — State Historical Society — State Historical Society; Powers and Duties; Acquisition of Real Property Synopsis: The Kansas State Historical Society (KSHS) is permitted by L. 2001, Ch. 113 to acquire the William Allen White House […]

Susan Robson Attorney General of Kansas — Opinion August 3, 2006. Re: Cities and Municipalities — Emergency Telephone Services; Wireless Service — Grant Fund; Use of Fund Monies Synopsis: Marion County may use data, initially developed to implement a wireless enhanced 911 service, for other county purposes. This conclusion would be different if a county […]