Category: Kansas Attorney General Opinions

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

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

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

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

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

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

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

Linda P. Jeffrey Attorney General of Kansas — Opinion August 24, 1994 Re: Cities and Municipalities — Ordinances of Cities; Initiative and Referendum Ordinances — Charter Ordinances; Term Limitations Synopsis: K.S.A. 12-3013, the initiative and referendum statute, may not be used to submit a proposed charter ordinance to the electorate. Furthermore, an ordinary ordinance is […]

John L. Vratil, Legal Counsel Attorney General of Kansas — Opinion April 9, 1996 Re: Schools — Organization, Powers and Finances of Boards of Education — Organization Order for Unified School Districts; Contracts; Authority; Indemnification Clause; Irrevocable Letter of Credit Synopsis: A unified school district may not enter into a contract the provisions of which […]

Ed Van Petten, Executive Director Attorney General of Kansas — Opinion November 30, 2009 Page 1 Re: State Boards, Commissions and Authorities — State Lottery; Lottery Gaming Facilities; Purchase of Lottery Facility Games; Kansas Retailers’ Sales Tax Taxation — Kansas Retailers’ Sales Tax; Exempt Sales; Lottery Facility Games Synopsis: The Kansas Expanded Lottery Act requires […]

Kerwin L. Spencer Attorney General of Kansas — Opinion August 22, 2000 Re: Schools — School Safety Violations, Suspension of Driving Privileges — Suspension of Driver’s License or Privilege Upon Extended-Term Suspension or Expulsion from School; Notification of Division of Vehicles, Department of Revenue; Federal Family Educational Rights and Privacy Act Synopsis: K.S.A. 1999 Supp. […]

The Honorable Barbara Lawrence Attorney General of Kansas — Opinion October 17, 1995 Re: State Boards, Commissions and Authorities — Kansas Guardianship Program — Status of Program as a Nonprofit Corporation Synopsis: The Kansas guardianship program is a non-profit corporation and, therefore, must comply with the Kansas corporation code. Cited herein: K.S.A. 1994 Supp. 17-6002; […]

Daniel W. Krug Attorney General of Kansas — Opinion June 18, 1997 Re: Counties and County Officers — Hospitals and Related Facilities — County Hospitals; Hospital Board; Procedure to Elect or Appoint Members; Change in Method of Selection Synopsis: K.S.A. 19-4605 precludes submitting to the electorate of a county more than once in any one […]

Leonard J. Dix Attorney General of Kansas — Opinion November 5, 1997 Re: Counties and County Officers — County Commissioners — Sale or Disposition of County Property; Public Notice; Sale of Vehicle Used for Undercover Operations Synopsis: A board of county commissioners may not sell a county vehicle at a private motor vehicle dealers’ auction. […]

Harold T. Walker Attorney General of Kansas — Opinion August 4, 1993 Re: Criminal Procedure — Criminal History Record Information — Dissemination of Criminal History Record Information; Disclosure of Court Findings of Guilt and Sentences Imposed Synopsis: Court records of public judicial proceedings are exempt from the definition of criminal history record information under K.S.A. […]

Jean Kurtis Schodorf Attorney General of Kansas — Opinion February 23, 2010. Re: Schools — Vocational Education Governing Body; Powers and Duties; Loan Agreements; Implied Authority to Borrow Money Synopsis: The governing board of a technical college does not have implied authority to enter into contracts to borrow money. Cited herein: K.S.A. 19-3552; K.S.A. 2009 […]

Granville M. Bush IV, Counsel Attorney General of Kansas — Opinion August 29, 2002 Re: Schools — Organization, Powers and Finances of Boards of Education — Superintendent of Schools; Appointment; Limited Liability Corporation Synopsis: The authority to appoint a person who is to serve as superintendent for a unified school district and to establish the […]

Ken Eland Attorney General of Kansas — Opinion May 31, 2000 Re: Crimes and Punishments; Kansas Criminal Code; Prohibited Conduct — Crimes Affecting Public Trusts — Unlawful Use of Names Derived From Public Records Laws Public Records, Documents and Information — Records Open to Public — Lists of Names and Addresses Derived From Public Records; […]

The Honorable Jim Barone Attorney General of Kansas — Opinion April 27, 1999 Re: Insurance — Insurance Department — Uniform Policy Provisions; Accident and Sickness Policy; External Review Process; Constitutionality Synopsis: Proposed 1999 Substitute for Senate Bill No. 80 would create an external review process conducted by qualified and credentialed health care providers to review […]

The Honorable Cliff Franklin Attorney General of Kansas — Opinion October 17, 1995 Re: Cities and Municipalities — Buildings, Structures and Grounds; Development and Redevelopment of Areas in and Around Cities — Redevelopment of Central Business District Areas; Relocation Assistance Plan Synopsis: A city may not initiate a redevelopment project until a relocation assistance plan […]

The Honorable Ralph M. Tanner Attorney General of Kansas — Opinion November 2, 2000 Re: State Departments; Public Officers and Employees — State Historical Society — Historical Society; Historic Preservation Powers and Duties Synopsis: In a state, such as Kansas, with an approved Historic Preservation Program, only the State Historic Preservation Officer (SHPO) may formally […]

Tom Ray, President Attorney General of Kansas — Opinion December 3, 1996 Re: Counties and County Officers — Public Improvements; Improvement and Service Districts — Improvement Districts; Election of Directors Synopsis: Two persons who are related as mother and daughter may serve as members of the board of directors for the Oaklawn improvement district established […]

The Honorable Alicia L. Salisbury Attorney General of Kansas — Opinion August 4, 1993 Re: State Boards, Commissions and Authorities — Kansas Homestead Rehabilitation Corporation — Status as a State Agency Synopsis: The Kansas homestead rehabilitation corporation is not a state agency. Cited herein: 48 Stat. 155; U.S. Const., Amend. XI. * * * Robert […]

Dennis Wilson Attorney General of Kansas — Opinion April 3, 2006. Re: Cities and Municipalities — Insurance; Group-Funded Liability Pools — Allowing Municipalities in Douglas, Johnson, Leavenworth, Miami, and Wyandotte Counties to Pool with Municipalities Outside of State; Offering All Lines of Insurance Through Group-Funded Pools in Other States Synopsis: K.S.A. 12-2617 authorizes group-funded insurance […]

William L. Frost Attorney General of Kansas — Opinion September 28, 1999 Re: Cities and Municipalities — Plats of Cities and Townsites — Parcels Reserved for Public Purposes; Use of Public Square Synopsis: Property specifically dedicated for public use is for the enjoyment of the public at large, not for one person or a limited […]

Larry Welch, Director Attorney General of Kansas — Opinion December 31, 1997 Re: Criminal Procedure; Kansas Code of Criminal Procedure — Sex Offender Registration — Kansas Offender Registration Act; Registration of Juveniles Criminal Procedure; Kansas Code of Criminal Procedure — Criminal History Record Information — Extended Jurisdiction Juvenile Prosecution Minors — Kansas Juvenile Offenders Code […]

Mark W. Stafford Attorney General of Kansas — Opinion July 24, 1995 Re: State Boards, Commissions and Authorities — Public Employees Retirement Systems; Kansas Police and Firemen’s Retirement System — Retirement Benefits; Earnings Limitation Synopsis: A legislative act which imposes an earnings limitation applicable to retirants of the Kansas police and firemen’s retirement system who […]

Fred W. Johnson Attorney General of Kansas — Opinion September 20, 1994 Re: Counties and County Officers — County Commissioners; Powers and Duties — Powers of Board of County Commissioners; Examination of Personnel Records by Individual Commissioner Synopsis: An individual county commissioner is not given statutory authority to unilaterally exercise the powers of the commission […]

F. William Cullins Attorney General of Kansas — Opinion July 26, 2001 Re: Public Records, Documents and Information — Records Open to Public — Inspection of Records; Certain Records Not Required to be Open; Invasion of Personal Privacy Synopsis: Records may only be closed under the Kansas Open Records Act exception for a “clearly unwarranted […]

Robert L. Peter, Legal Counsel Attorney General of Kansas — Opinion December 1, 1995 Re: Schools-Community Colleges — Organization, Powers and Finances of Boards of Trustees — Boards of Trustees; Powers and Duties; Student Housing; Searches Synopsis: Personnel of a community college may without prior cause conduct a canine sniff within the corridors of on-campus […]

The Honorable Ben Vidricksen Attorney General of Kansas — Opinion February 21, 1995 Re: Cities and Municipalities — General Provisions — Countywide and City Retailers’ Sales Tax; Election Required; Validation of Election Synopsis: The constitution of the state of Kansas does not prohibit the legislature from enacting curative legislation the effect of which would retroactively […]

Thelma Hunter Gordon, Secretary Attorney General of Kansas — Opinion November 1, 1995 Re: State Departments; Public Officers and Employees — Department on Aging; General Provisions — State Long-Term Care Ombudsman; Authority to Designate Representatives of the Office of State Long-Term Care Ombudsman Synopsis: The state long-term care ombudsman has the statutory authority and discretion, […]

David C. Van Parys Attorney General of Kansas — Opinion June 25, 2010. Re: Fees and Salaries — Fees in All Counties and Salaries in Certain Counties; Register of Deeds Technology Fund; Acquisition of Equipment and Technological Services for Storing, Recording, Archiving Retrieving, Maintaining and Handling of Data Recorded or Stored in the Office of […]

The Honorable Kent Glasscock Attorney General of Kansas — Opinion December 18, 2001 Re: State Departments; Public Officers and Employees — Juvenile Justice Authority — Juvenile Intake and Assessment System; Constitutionality of POSIT Questionnaire and Intake/Assessment Procedure Synopsis: The Sixth Amendment right to counsel does not attach at the point when a juvenile is taken […]

Michael R. O’Neal Attorney General of Kansas — Opinion July 7, 2006. Re: Cities and Municipalities — Miscellaneous Provisions — Employee Benefits Contribution Fund in Certain Taxing Subdivisions; Tax Levy; Use of Proceeds; Establishment of Employee Benefits Contribution Fund for Library Employees Synopsis: Pursuant to K.S.A. 12-16,102, which authorizes a taxing subdivision to create an […]

Craig Cox Attorney General of Kansas — Opinion December 21, 1995 Re: Cities and Municipalities — Emergency Telephone Services — Emergency Telephone Tax; Wireless Service; Associated Costs Synopsis: K.S.A. 1994 Supp. 12-5305, 12-5306 and 12-5307 do not impose upon a county or city an absolute duty to pay for the costs of installing telephone lines […]

Kerry McQueen, Counsel Attorney General of Kansas — Opinion May 24, 2005 Re: Procedure, Civil — Costs — State, Cities and Counties Exempt from Depositing Court Costs; Exceptions; County Hospitals Synopsis: K.S.A. 60-2005 provides an exemption from filing fees for specified governmental entities, including counties. Whether a specific action (filed by any person, official, employee […]

Leonard Dix Attorney General of Kansas — Opinion March 24, 1995 Re: Cities and Municipalities — Miscellaneous Provisions — Municipal Policies Regarding the Provision of Assistance During Times of Disaster; Use of County Road Personnel and Equipment to Fight Fires Counties and County Officers — General Provisions — Home Rule Powers; Limitations, Restrictions and Prohibitions; […]

Clyde D. Graeber, Secretary Attorney General of Kansas — Opinion July 24, 2000 Re: Public Health — Secretary of Health and Environment, Activities — Prevention of Water Pollution; Confined Feeding Facilities; Separation Distance Requirements Synopsis: K.S.A. 1999 Supp. 65-171d(d) gives the Secretary of the Kansas Department of Health and Environment authority to adopt a regulation […]

George S. Webb Attorney General of Kansas — Opinion August 17, 2006. Re: Soldiers, Sailors and Patriotic Emblems — Veterans’ Preference; Public Service — Preferences in Appointments and Employments State Departments; Public Officers and Employees — Civil Service — Veterans’ Preference Synopsis: K.S.A. 73-201, the veterans’ preference law, applies to all Kansas counties and cities […]

Clyde D. Graeber, Secretary Attorney General of Kansas — Opinion October 24, 2000 Re: Public Health — Secretary of Health and Environment, Activities; Water Supply and Sewage — Prevention of Water Pollution; Permits; Exemptions; Reservoirs and Farm Ponds Synopsis: The federal Clean Water Act’s water quality standards apply only to “natural ponds” and not to […]

Thomas L. Toepfer Attorney General of Kansas — Opinion March 10, 1998 Re: Intoxicating Liquors and Beverages — Licensure and Regulation of Liquor by the Drink — Cities’ Powers to Legislate in the Area Synopsis: K.S.A. 41-208 does not preempt the ability of a city to enact and enforce ordinary ordinances dealing with subjects governed […]

Patricia A. Scalia Attorney General of Kansas — Opinion February 9, 2011. Re: Courts — District Courts — County Commissioners Responsible for Certain Expenses of District Court Operations; Costs of Fees for Counsel Appointed in a Habeas Corpus Proceeding under K.S.A. 60-1501 to Represent Indigent Persons Confined Pursuant to the Sexually Violent Predator Act. Synopsis: […]

The Honorable Jim Barone Attorney General of Kansas — Opinion May 23, 2005 Re: Bonds and Warrants — Cash-Basis Law — Lease-Purchase Agreements; Conditions; Protest Petition and Election, When; Resolution; Publication Synopsis: The board of education of a unified school district is required under K.S.A. 10-1116c to publish a resolution stating its intention to enter […]

The Honorable Gwen Welshimer Attorney General of Kansas — Opinion February 20, 2002 Re: Public Health — Healing Arts — Kansas Healing Arts Act; Practice of Certain Naturopaths Permitted Without Approval by Board; Certain Activities Prohibited; Who May Enforce Synopsis: The Board of Healing Arts is authorized to enforce K.S.A. 65-2872a, the naturopath statute. Additionally, […]

Dr. Ramon Powers Attorney General of Kansas — Opinion April 22, 1993 Re: State Departments; Public Officers and Employees — State Library and Library Services — Establishment and Operation of Publication Collection and Depository System; Duties of State Agencies; Kansas State Historical Society Synopsis: K.S.A. 75-2566(b) requires each state agency to deposit with the state […]

R. Jeff Fendorf Attorney General of Kansas — Opinion May 29, 1996 Re: Drainage and Levees — Drainage Districts Within Counties or Cities — Elections of Directors; Vacancy; Term of Office Synopsis: Persons appointed to fill vacancies on the board of directors of a drainage district serve until the next election of members of the […]

The Honorable Phil Martin Attorney General of Kansas — Opinion September 26, 1994 Re: Elections — State Board of Education Member Elections — Disqualification For Office; Concurrent Service As Member of Local Board of Education Synopsis: Because of the prohibition contained in K.S.A. 25-1904, a person may not concurrently serve as a member of the […]

The Honorable Doug Patterson Attorney General of Kansas — Opinion April 7, 2003 Re: Insurance — Regulation of Certain Trade Practices — Unfair Methods of Competition or Unfair and Deceptive Acts or Practices; Disclosure of Nonpublic Personal Information; Rules and Regulations; Controlled Business Synopsis: K.S.A. 2002 Supp. 40-2404(14)(f), the Kansas controlled business law, prohibits title […]

Meredith Williams, Executive Secretary Attorney General of Kansas — Opinion April 24, 1997 Re: State Boards, Commissions and Authorities — Public Employees Retirement Systems — Action; Public Records; Process; Hearings State Departments; Public Officers and Employees — Public Officers and Employees; Open Public Meetings — Meetings of State and Subdivisions Open to Public; Exceptions Statutes; […]

Christopher J. Tymeson Attorney General of Kansas — Opinion November 18, 2004 Re: Wildlife, Parks and Recreation — Enforcement — Procedures; Seizure of Wildlife, Devices and Equipment; Disposition Synopsis: The Kansas Department of Wildlife and Parks may dispose of forfeited firearms by auctioning them to licensed firearms dealers in Kansas. Cited herein: K.S.A. 21-4206; K.S.A. […]

The Honorable Doug Lawrence Attorney General of Kansas — Opinion April 26, 1993 Re: State Departments; Public Officers and Employees — Public Officers and Employees; Conflict of Interest — Kansas Department of Wildlife and Parks Policy Regarding Outside Employment by Department Employees Synopsis: A state agency’s personnel policy which prohibits specified employees from engaging in […]

Mr. William B. Elliott Attorney General of Kansas — Opinion November 24, 1993 Re: Counties and County Officers — Hospitals and Related Facilities — Hospital Board; Procedure to Elect Members; Election; Term of Office Synopsis: Upon being presented with a valid petition requesting that the manner of selection of the members of the county hospital […]

The Honorable Tom Sloan Attorney General of Kansas — Opinion March 7, 2003 Re: State Institutions and Agencies; Historical Property — State Educational Institutions; Management and Operations — Administration of State Educational Institutions Synopsis: Neither Kansas statutes nor Board of Regents regulations or policies require the Board of Regents or the chief executive officer of […]

The Honorable Phil Kline Attorney General of Kansas — Opinion January 6, 1995 Re: State Boards, Commission and Authorities — Public Employees Retirement Systems; Kansas Public Employees Retirement System — Postretirement Benefit Increase After June 30, 1994; Exemption of Retired Legislators Synopsis: Excluding certain retired legislators from receiving an increase in pension benefits does not […]

Vernon Hirt, President Attorney General of Kansas — Opinion June 29, 2004 Re: Waters and Watercourses — Groundwater Management Districts — District Powers; Acquisition of Land; General Improvement Bonds; Use of Monies Synopsis: A groundwater management district may acquire land and interest in land in excess of 1,000 acres by gift, exchange or eminent domain. […]

William L. Frost Attorney General of Kansas — Opinion June 7, 1993 Re: Automobiles and Other Vehicles — Publicly Owned Vehicles — Private Use of Publicly Owned Vehicles Synopsis: As a general rule, publicly owned vehicles may not be used for private purposes. However, city employees whose job responsibilities require them to be available 24 […]

The Honorable David Adkins Attorney General of Kansas — Opinion January 2, 1997 Re: Schools — Miscellaneous Provisions; Health of School Personnel — Certification of Health; Mentoring Programs Synopsis: Persons who must submit certifications of health pursuant to K.S.A. 72-5213 are those persons who are employees of a unified school district, or under the supervision […]

The Honorable Barbara Lawrence Attorney General of Kansas — Opinion December 6, 1993 Re: Elections — Registration of Voters — Registration as Part of Application for Motor Vehicle Drivers’ Licenses and Nondriver Identification Cards; National Voter Registration Act; Exemptions Synopsis: The state of Kansas fails to meet the requirements necessary for an exemption from the […]

James Kaup, Counsel Attorney General of Kansas — Opinion February 28, 2000 Re: Public Health — Solid and Hazardous Waste — Solid Waste; County’s Authority to Establish a Recycling Program and Impose Fees Counties and County Officers — General Provisions — Powers of Home Rule; County’s Authority to Establish a Recycling Program and Impose Fees […]

Michelle M. Suter Attorney General of Kansas — Opinion August 30, 1995 Re: Cities and Municipalities — Additions, Vacation and Lot Frontage; Annexation by Cities — Conditions Which Permit Annexation; Agricultural Use Exception Synopsis: A city may not annex any portion of an unplatted tract of land devoted to agricultural use of 21 acres or […]

The Honorable Troy Findley Attorney General of Kansas — Opinion March 12, 1996 Re: Elections — Registration of Voters — County Election Officer Designated; Deputy County Election Officers, Appointment; Non-Public Event Synopsis: A citizen has a constitutionally protected right to participate in elections on an equal basis with other citizens in the jurisdiction. In order […]

Patricia A. Bennett, Counsel Attorney General of Kansas — Opinion November 3, 1999 Re: Counties and County Officers — Miscellaneous Provisions — County Charters in Counties Declared to be Urban Areas; Adoption and Amendment; Charter to Govern Local Legislation and Administration; Authorized Provisions; Limitations; Provision to Elect Chairman of the Board of County Commissioners At-Large […]

Phyllis Gilmore Attorney General of Kansas — Opinion November 13, 2000 Re: State Departments; Public Officers and Employees — Kansas Tort Claims Act — Definitions; Behavioral Sciences Regulatory Board’s Advisory Committees; Whether Members Are Board Employees Synopsis: Members of the various Behavioral Sciences Regulatory Board’s advisory committees are considered employees of the Board for purposes […]

Richard A. Boeckman Attorney General of Kansas — Opinion August 9, 1995 Re: Automobiles and Other Vehicles — General Provisions; Registration of Vehicles — Application for Registration; County of Registration Synopsis: Vehicles may be registered in either the Kansas county where the owner of record resides or, under certain conditions, the Kansas county where the […]

The Honorable Janice L. Hardenburger Attorney General of Kansas — Opinion February 4, 1993 Re: Schools — School District Finance and Quality Performance — Definitions; Local Effort; Consideration of Pub.L. 81-874 Funds Synopsis: A determination of whether a state has established a program of state aid for free public education which is designed to equalize […]

The Honorable Jay Scott Emler Attorney General of Kansas — Opinion July 1, 2002 Re: Cities and Municipalities — Miscellaneous Provisions — Promotion of Tourism and Conventions; Definitions; Collection; Payment and Disposition of Transient Guest Tax; Administration by Secretary of Revenue; Rules and Regulations; Monthly Reports Synopsis: Bethany College is not an accommodations broker, a […]

Jay Scott Emler Attorney General of Kansas — Opinion March 16, 2006. Re: Public Records, Documents and Information — Records Open to Public — Inspection of Records; Certain Records Not Required to be Open; Personnel Records; Clearly Unwarranted Invasion of Personal Privacy; Law Enforcement Records; Law Enforcement Officer’s Residential Address, Home Phone Number, Family Member […]

The Honorable Betty Jo Charlton Attorney General of Kansas — Opinion March 18, 1994 Re: State Departments; Public Officers and Employees — Public Officers and Employees; Open Public Meetings — Association for K-10 Corridor Development, Inc. Synopsis: The Association for K-10 Corridor Development, Inc. is not a public agency within the meaning of the Kansas […]

Richard A. Boeckman Attorney General of Kansas — Opinion January 28, 2002 Re: Counties and County Officers — County Commissioners; Powers and Duties — Rearrangement of Commissioner Districts; Change in Number of Districts; General Election Synopsis: A question regarding a change in the number of members serving on a board of county commissioners as authorized […]

Rebecca A. Sanders Attorney General of Kansas — Opinion July 26, 1993 Re: State Boards, Commissions and Authorities — Board of Tax Appeals; Miscellaneous Taxation Provisions — Appeals to State Board; Representation of Parties Statutes; Administrative Rules and Regulations and Procedure — Administrative Procedure Act; Formal Hearings — Participation and Representation Synopsis: In board of […]

The Honorable Bill Brady Attorney General of Kansas — Opinion January 19, 1993 Re: Cities of the First Class; Government by Mayor and Council and General Laws — Hospitals; Addition of Medical Office Building to City Hospital; Public Building Synopsis: A city is authorized to construct a medical office building as an addition to its […]

Douglas P. Witteman Attorney General of Kansas — Opinion July 21, 1998 Re: Counties and County Officers — General Provisions — Home Rule Powers; Limitations, Restrictions and Prohibitions, Imposing Environmental Standards for Confined Animal Feeding Operations Which Are More Strict Than Those Set Out By Statute Synopsis: The 1998 amendment to K.S.A. 19-101a prohibits a […]

The Honorable Kay O’Connor Attorney General of Kansas — Opinion May 21, 1998 Re: Constitution of the State of Kansas — Education — Finance; Tuition; Nonresident Pupils; Charge For Attendance; Constitutionality Schools — General Provisions Relating to School Districts — Nonresident Pupils; Charge For Attendance; Constitutionality Synopsis: The authority conferred under K.S.A. 1997 Supp. 72-1046a […]

Michael L. Goodrich Attorney General of Kansas — Opinion June 18, 2002 Re: Roads and Bridges — General Provisions — Laying Out, Altering or Vacating Roads; Prescribed Width of County Roads Roads and Bridges — County and Township Roads — Declaration of Minimum Maintenance Roads Synopsis: A board of county commissioners has discretion to determine […]

Lt. Colonel John R. Mettner, Jr. Attorney General of Kansas — Opinion January 29, 1997 Re: Procedure, Civil — Asset Seizure and Forfeiture — Allocation of Forfeited Property to Law Enforcement Agency; Application to Kansas National Guard Synopsis: The Comprehensive Drug Abuse Prevention and Control Act of 1970 authorizes the transfer of forfeited property to […]

The Honorable Joe Shriver Attorney General of Kansas — Opinion August 3, 1994 Re: Schools-Community Colleges — Community College Elections — Member Districts and Member Positions; Residence of Members Synopsis: K.S.A. 71-1407 requires that a member of a board of trustees for a community college reside in the district which the member was elected to […]

Stephen Jones Attorney General of Kansas — Opinion May 8, 2000 Re: Counties and County Officers — Fire Protection — Fire Districts; Governing Body; Powers Synopsis: Osage County Fire District No. 5 is not authorized by the Resolution of the Board of County Commissioners of Osage County relating to Osage County Fire District No. 5, […]

Gloria Timmer, Secretary Attorney General of Kansas — Opinion August 8, 1994 Re: State Boards, Commissions and Authorities — Public Employees Retirement Systems; Kansas Public Employees Retirement System — Definitions; Final Average Salary; 1994 Senate Bill No. 453 Synopsis: The preclusion against including in the member’s final average salary any amount of compensation or salary […]

Charles E. Wetzler Attorney General of Kansas — Opinion December 15, 2000 Re: State Departments; Public Officers and Employees — Public Officers and Employees; Open Public Meetings — Meeting Defined Synopsis: Under the facts presented, it is not a violation of the Kansas Open Meetings Act (KOMA) for a majority of a quorum of members […]

The Honorable Joann Lee Freeborn Attorney General of Kansas — Opinion January 13, 2005 Re: State Boards, Commission and Authorities — Kansas Water Office and Kansas Water Authority — Duties of Office; Cedar Bluff Reservoir Artificial Recharge Pool Operations Synopsis: Because the Artificial Recharge Pool Operations Agreement does not provide for any expenditure by the […]

The Honorable Daniel Thimesch Attorney General of Kansas — Opinion June 30, 1995 Re: Public Utilities — Powers of State Corporation Commission; Rules, Regulations and Procedure — Gas or Electric Public Utilities; Nonregulated Private Enterprises, Separate Accounting, Audit Synopsis: K.S.A. 66-129a authorizes the Kansas corporation commission (KCC) to audit the records of a gas or […]

The Honorable Becky Hutchins Attorney General of Kansas — Opinion June 2, 1999 Re: Counties and County Officers — Sheriff — Deputies; Sheriffs’ Authority to Cross-Deputize Tribal Law Enforcement Officers Synopsis: Sheriffs are empowered by K.S.A. 19-805 to appoint deputies for particular purposes. Thus, sheriffs have statutory authority to deputize tribal law enforcement officers to […]

The Honorable Richard Lahti Attorney General of Kansas — Opinion November 4, 1994 Re: Cities of the Second Class; Government by Mayor and Council and General Laws Applicable to Cities of the Second Class — General Provisions — Change in Classification From City of the Third Class to City of the Second Class; Effective Date […]

John Wine, General Counsel Attorney General of Kansas — Opinion September 10, 1994 Re: Corporations — Cemetery Corporations — Permanent Maintenance Fund; Requirements; Advance Deposits; Offset Synopsis: Under cemetery corporation statutes, no moneys, other than income from the trust established pursuant to K.S.A. 17-1311, as amended by L. 1994, ch. 229, sec. 4, may be […]

Stephen L. Martino Attorney General of Kansas — Opinion September 10, 2007. Re: State Boards, Commission and Authorities-Parimutuel Racing; Organization Licensees to Conduct Races; Board of Directors of Organization Licensee; Kansas Expanded Lottery Act Synopsis: Synopsis: The Kansas Parimutuel Racing Act (Act) prohibits a state legislator from holding a compensated position with an organization licensee, […]

Bill Grant, General Counsel Attorney General of Kansas — Opinion September 21, 1994 Re: Banks and Banking; Trust Companies — Banking Code; Organization — Prohibiting Interstate Branch Banking; Approval of Relocation of Main Office by Banking Board. Synopsis: When a national bank relocates its main office from Kansas to another state pursuant to 12 U.S.C. […]

Gary Anderson. Attorney General of Kansas — Opinion July 29, 2009. Re: Cities and Municipalities — Buildings, Structures and Grounds; Development and Redevelopment of Areas In and Around Cities — Purpose of Act; Procedure for Establishing Redevelopment District; Procedure for Establishing a Redevelopment Project or Bioscience Development Project; Special Obligation Bonds and Full Faith and […]

The Honorable Phill Kline Attorney General of Kansas — Opinion September 20, 2005 Re: Schools–Organization, Powers and Finances of Boards of Education–Boards of Education; General Powers; Quality Zone Academy Bonds; Authority To Grant Security Interest in School Property Synopsis: The board of education of a unified school district may use the proceeds of a Quality […]

Robert L. Bezek, Jr., City Attorney Attorney General of Kansas — Opinion May 31, 2000 Re: Personal and Real Property — Public Buildings; Accessibility Standards for Public Buildings — Accessibility Standards for Public Buildings or Facilities; Application to College Fraternities Synopsis: A fraternity house occupied by individual members of the fraternity on an annual basis […]

Barbara A. Nemec, Secretary Attorney General of Kansas — Opinion September 12, 2002 Re: Statutes; Administrative Rules and Regulations and Procedure — Rules and Regulations — State Board; Membership; Quorum and Voting Requirements Synopsis: A quorum of the five member State Rules and Regulations Board is three and, if three or more members are present […]

Linda P. Jeffrey Attorney General of Kansas — Opinion May 21, 2001 Re: Corporations — Development Credit Corporations; Housing Laws; Housing Law-Cities — Municipal Housing Authority; Authority as Agent of City Constitution of the State of Kansas — Corporations — Cities; Powers of Home Rule; Charter Ordinance; Municipal Housing Authority Synopsis: The Topeka Housing Authority […]

Stephen J. Smith Attorney General of Kansas — Opinion February 9, 1999 Re: State Boards, Commissions and Authorities — Law Enforcement Training Center; Training Commission — Tuition; Reimbursement of Tuition by City Synopsis: K.S.A. 1998 Supp. 74-5609a(b) requires a city that commences employment of a law enforcement officer within one year of completion of a […]

The Honorable Alicia L. Salisbury Attorney General of Kansas — Opinion February 5, 1997 Re: Legislature — Legislative Coordinating Council — General Powers and Functions; Nepotism Policy Not Violative of Equal Protection Clause Synopsis: Policy No. 50 of the Legislative Coordinating Council prohibiting the employment of Legislators’ immediate family members by either house or any […]

Dr. Estel Landreth, President Attorney General of Kansas — Opinion October 23, 1995 Re: Public Health — Regulation of Dentists and Dental Hygienists — Improper Use of Certain Names by Dentists; Exceptions; Suspension or Revocation of License Synopsis: Dentists are prohibited from practicing dentistry under any name other than their own, with several exceptions. Under […]

The Honorable James A. Barnett Attorney General of Kansas — Opinion May 20, 2002 Re: Counties and County Officers — Fire Protection — Governing Body; Powers; Tax Levies; Use of Proceeds; Installation of Fire Hydrants Synopsis: A county fire district is not authorized to use funds levied pursuant to K.S.A. 19-3610 to pay for the […]

Paul J. Morrison Attorney General of Kansas — Opinion September 11, 1996 Re: Probate Code — Adoption — Kansas Adoption and Relinquishment Act; Payment for Adoption; Criminal Penalties Synopsis: A surrogate fee is not a fee for a professional service rendered in connection with an adoption pursuant to K.S.A. 59-2121. Cited herein: K.S.A. 59-2121; 59-2278c […]

Mark S. Beck, Director Attorney General of Kansas — Opinion December 9, 1997 Re: Taxation — Property Valuation, Equalizing Assessments, Appraisers and Assessment of Property — Classification of Certain Commercial and Industrial Machinery and Equipment; Personal Property That, Once Installed or Constructed, Will be Commercial and Industrial Machinery or Equipment Synopsis: K.S.A. 1996 Supp. 79-1439c […]

Robert Hecht Attorney General of Kansas — Opinion November 3, 2008. Re: Cities and Municipalities — Miscellaneous Provisions — Mayoral Appointments to Boards and Commissions; Specific Finding that Person is Unqualified or Not Fit to Hold Office Synopsis: A city governing body that rejects a mayoral appointment must simply make a determination that the candidate […]

The Honorable Marge Petty Attorney General of Kansas — Opinion August 12, 1994 Re: State Departments; Public Officers and Employees — Public Officers and Employees; Open Public Meetings — Application to the Mid-America Commercialization Corporation Synopsis: The mid-America commercialization corporation is not a “public body” within the meaning of the KOMA. It is an independent […]