Category: Kansas Attorney General Opinions

J. Michael Hayden Attorney General of Kansas — Opinion December 4, 2007. Re: Crimes and Punishment — Crimes Against Public Safety; Criminal Use of Weapons; Carrying Concealed Firearms; Exemption for Licensed Hunters Wildlife, Parks, and Recreation — Enforcement; Unlawful Acts; Unlawful Methods of Taking Wildlife; Applicability of K.S.A. 21-4201 Exemption State Departments; Public Officers and […]

Kevin Hill, Brown County Attorney Attorney General of Kansas — Opinion March 17, 1997 Re: Constitution of the State of Kansas — Miscellaneous — Intoxicating Liquors; Requirement for Licensure; Application to Facility Owned and Operated by Federally Recognized Tribe on Indian Land Intoxicating Liquors and Beverages — Licensure and Regulation of Sale of Liquor by […]

Richard A. Euson Attorney General of Kansas — Opinion June 18, 1997 Re: Counties and County Officers — General Provisions — County as Corporation; Powers Generally; Home Rule Synopsis: A Kansas county may contract with an out of state public agency for the housing of convicted adult misdemeanants and adjudicated juvenile offenders. Any such contract […]

The Honorable Steven A. Jensen Attorney General of Kansas — Opinion August 6, 2002 Re: Cities and Municipalities — Code for Municipal Courts; General Provisions — Powers and Duties of Municipal Court Judge; Appointment of Counsel; Contempt Synopsis: A municipal court judge may order an attorney to represent an indigent defendant charged with violation of […]

Betty Wright Attorney General of Kansas — Opinion September 16, 2011. Re: State Departments; Public Officers and Employees — Kansas Tort Claims Act — Definitions; Liability of Governmental Entities for Damages Caused by Employee Acts or Omissions; Kansas Dental Board; Board Member, Member of Specialty Committee, or Contract Investigator Testifying as Expert Witness. Synopsis: A […]

The Honorable David P. Mikesic Attorney General of Kansas — Opinion July 24, 2000 Re: Domestic Relations — Marriage — Issuance of Marriage License; Affidavit Synopsis: In a prosecution pursuant to K.S.A. 1999 Supp. 23-106 for “swearing falsely” in an affidavit for a marriage license, the issue of whether an oath has been administered is […]

Paul J. Morrison Attorney General of Kansas — Opinion January 6, 1995 Re: Criminal Procedure — Sex Offender Registration — Application to Juvenile Offenders Synopsis: The sex offender registration act does not apply to juveniles who have been adjudged juvenile offenders pursuant to the juvenile offender code. However, if a juvenile is prosecuted as an […]

The Honorable Vince Wetta Attorney General of Kansas — Opinion October 15, 2007. Re: Cities and Municipalities — Additions, Vacation and Lot Frontage — Annexation by Cities; Annexation of Land Not Adjoining City; When; Resolution to County Commissioners State Boards, Commissions and Authorities — State Lottery — Kansas Lottery Act; Kansas Expanded Lottery Act; Management […]

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 […]

Fred W. Rausch, Jr., Counsel Attorney General of Kansas — Opinion September 12, 2001 Re: Schools — General Provisions Relating to School Districts — Control of School Property; Use By Private Association or Organization; Alcoholic Beverages Synopsis: Permitting a private association or organization to conduct an event on real property owned by a unified school […]

Janet Schalansky, Secretary Attorney General of Kansas — Opinion September 18, 2000 Re: State Departments; Public Officers and Employees — Social and Rehabilitation Services — Community Mental Health Centers Mentally Ill, Incapacitated and Dependent Persons; Social Welfare — Mental Health Reform — Mental Health Centers; Authority to Contract with Providers of Mental Health Services Synopsis: […]

Charles E. Simmons Attorney General of Kansas — Opinion March 21, 1994 Re: Automobiles and Other Vehicles — Uniform Act Regulating Traffic; Rules of the Road; Serious Traffic Offenses — Driving Under Influence of Alcohol or Drugs; Penalties Synopsis: A third or subsequent conviction for driving under the influence of alcohol or drugs is a […]

Louie L. Barney Attorney General of Kansas — Opinion January 28, 2002 Re: Constitution of the United States — Searches and Seizures — Random Drug Testing of City Employees Synopsis: In the absence of evidence that the City of Arcadia has a special need to conduct random drug and alcohol testing of all City employees, […]

Leonard J. Dix Attorney General of Kansas — Opinion April 29, 1996 Re: Corporations — Agricultural Corporations — Restrictions; Exceptions; Penalties; Production Contracts Synopsis: A production contract entered into by a corporation and a person engaged in farming pursuant to K.S.A 17-5904(b) is not subject to the prohibition against corporate farming. A swine facility resulting […]

Michael P. Howe Attorney General of Kansas — Opinion September 22, 1993 Re: Public Records, Documents and Information — Records Open to Public — Request for Information or Copies of Records; Response; Refusal; Fees Synopsis: A city is only required to make available to the public those records that it makes, maintains, keeps or possesses. […]

Patricia A. Scalia Attorney General of Kansas — Opinion April 26, 2011. Re: Courts — District Courts — County Commissioners Responsible for Certain Expenses of District Court Operations; Court-Appointed Interpreter; Responsibility for Costs State Departments; Public Officers and Employees — Public Officers and Employees; Interpreters for Deaf, Hard of Hearing, Speech Impaired and Other Than […]

John L. Vratil, Legal Counsel Attorney General of Kansas — Opinion January 11, 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: Levying a tax to make provision for a capital improvement fund established […]

Robert A. Walsh. Attorney General of Kansas — Opinion January 5, 2010. Page 1 Re: Cities and Municipalities — Miscellaneous Provisions; Convention and Tourism Committee; Appointment; Terms; Term Limits, Removal and Replacement of Committee Members Synopsis: Subject to the membership requirements of K.S.A. 12-16,101, a city governing body or county commission may determine the membership […]

Meredith Williams, Executive Secretary Attorney General of Kansas — Opinion December 3, 1996 Re: State Boards, Commissions and Authorities — Public Employees Retirement Systems; Definitions — Beneficiaries Synopsis: Under the Kansas public employees retirement system (KPERS), benefits to be paid to a beneficiary who is a minor must be paid to a conservator, estate or […]

The Honorable Alfred J. Lane Attorney General of Kansas — Opinion March 13, 2001 Re: Labor and Industries — Minimum and Maximum Hours — Minimum Wage; Computation Based on Federal Fair Labor Standards Act Synopsis: The provision of 2001 House Bill No. 2130 that sets the minimum wage in Kansas at an amount provided by […]

The Honorable John Edmonds Attorney General of Kansas — Opinion May 23, 2005 Re: Cities and Municipalities — Buildings, Structures and Grounds — Definitions; Permissible Use of STAR Bonds; Lease-Back Arrangement Synopsis: K.S.A. 2004 Supp. 12-1773(a) specifically allows cities to acquire land as part of a redevelopment project. Subsection (b) of that statute allows cities […]

Mike Haynes Attorney General of Kansas — Opinion August 26, 1996 Re: Counties and County Officers — County Appraiser — County Appraiser; Appointment — Term and Qualifications; Proper Respondent in Complaint Filed with Real Estate Appraisal Board Personal and Real Property — Real Estate Appraisers — Revocation or Suspension of Certificate or License or Other […]

Walter R. Lenkner, Trustee Attorney General of Kansas — Opinion September 9, 1994 Re: Roads and Bridges; Roads — General Provisions; Laying Out and Opening Roads — Petition for Laying Out, Viewing, Altering or Vacating Roads; Vacation in Certain Counties without Petition Road and Bridges; Roads — General Provisions; Guideposts, Repairs, Detours and Gates — […]

The Honorable Anthony Hensley Attorney General of Kansas — Opinion May 6, 1997 Re: Taxation — Judicial Foreclosure and Sale of Real Estate by County — Persons Not Eligible to Purchase Real Estate at Tax Sale; Agents Synopsis: Except as otherwise provided in K.S.A. 1996 Supp. 79-2804g, K.S.A. 1996 Supp. 79-2812 prohibits any person who […]

Lynne Oharah Attorney General of Kansas — Opinion August 3, 2006. Re: ounties and County Officers — Jails — County Jails; Compensation for Maintenance; Establishing Per Diem Prisoner Fee Counties and County Officers — Sheriff — Charge and Custody of Jail; Charging Prisoner Fees Synopsis: K.S.A. 2005 Supp. 19-1930 permits a county to adopt a […]

Jeff Barnes Attorney General of Kansas — Opinion December 19, 2011 Re: Personal and Real Property-Home Inspectors-Authority to Deny, Suspend or Revoke Registration Synopsis: A registered home inspector or an applicant for home inspector registration may be subject to administrative action for offering or delivering any type of commission, referral fee or kickback for the […]

John B. Klenda Attorney General of Kansas — Opinion April 23, 2008. Re: Automobiles and Other Vehicles — General Provisions — Collection of Fees; Disposition of Moneys; Use of Motor Vehicle Funds for Security Cameras Counties and County Officers — County Commissioners — Powers of Board of Commissioners; Security Cameras in Motor Vehicle Department Synopsis: […]

Mr. John S. Robb Attorney General of Kansas — Opinion February 5, 1996 Re: Constitution of the State of Kansas — Bill of Rights — Religious Liberty; Distribution By School District of Materials Regarding Weekday Bible School; Attendance Constitution of the United States — Amendments to the Constitution of the United States — Freedom of […]

The Honorable Henry M. Helgerson, Jr. Attorney General of Kansas — Opinion May 31, 2000 Re: Constitution of the State of Kansas — Bill of Rights — Religious Liberty; School Vouchers; Constitutionality Constitution of the State of Kansas — Education — Finance; School Vouchers; Constitutionality Synopsis: The school voucher programs proposed in 2000 Senate Bill […]

John B. Klenda, Counsel Attorney General of Kansas — Opinion March 4, 1994 Re: Cities and Municipalities — Interlocal Cooperation; General — Separate Legal Entity created by Interlocal Agreement; McPherson Area Solid Waste Utility; Members’ Eligibility to Participate in Kansas Deferred Compensation Plan Synopsis: The McPherson solid waste utility was created by interlocal agreement pursuant […]

Larry Welch, Director Attorney General of Kansas — Opinion September 27, 2001 Re: Crimes and Punishments — Identification and Detection of Crimes and Criminals — Collection of Specimens of Blood and Saliva from Certain Persons; Whether Collection Requirements are Retroactive to Persons Currently in Custody or under Court Supervision Synopsis: K.S.A. 2000 Supp. 21-2511, as […]

Barbara J. Hinton Attorney General of Kansas — Opinion March 27, 2001 Re: Legislature — Legislative Post Audit — Definitions; Duty of Confidentiality Imposed by Law; Audit Work Papers Public Records, Documents and Information — Records Open to Public — Public Policy That Records be Open; Definitions; Custodian; Public Records; Certain Records Not Required to […]

Joseph W. Zima, Legal Counsel Attorney General of Kansas — Opinion January 20, 2000 Re: Schools — Organization, Powers and Finances of Boards of Education — Name and Style of Unified Districts; Deeds Synopsis: A deed for real estate owned by the school district should include the name of the school district in the form […]

The Honorable Jim Barone Attorney General of Kansas — Opinion March 16, 1999 Re: Election — Election Campaign Finance; General — Campaign Finance; Definitions; Expressly Advocate the Nomination, Election or Defeat of a Clearly Identified Candidate; Use of Term in 1999 Senate Bill No. 283 Synopsis: Use of the terms “expressly advocate the nomination, election […]

Elizabeth R. Cohn Attorney General of Kansas — Opinion August 3, 2006. Re: Counties and County Officers — County Commissioners; Powers and Duties — Powers of Board of Commissioners; Road Maintenance Agreements with Quarry Owners or Operators Counties and County Officers — General Provisions — Home Rule Powers; Limitations, Restrictions and Prohibitions; Procedure; Impact Fees […]

Mr. Darrell E. Miller Attorney General of Kansas — Opinion April 5, 1993 Re: Irrigation — Irrigation and Irrigation Districts — Duty to Rebuild, Repair or Maintain Bridges Synopsis: The owner or proprietor of a canal, ditch or other conduit used principally for irrigation or power purposes must provide bridges for public crossing without regard […]

The Honorable Richard Alldritt Attorney General of Kansas — Opinion May 7, 2001 Re: Personal and Real Property — Public Buildings; Accessibility Standards for Public Buildings — Accessibility Standards for Public Buildings or Facilities; Enforcement of Act; County Attorney’s Office Synopsis: A county attorney’s office is required by Kansas and federal law to comply with […]

The Honorable Tim Carmody Attorney General of Kansas — Opinion January 26, 1994 Re: Personal and Real Property — Real Estate Brokers and Salespersons — Licensure Required; Exemptions; Attorney Synopsis: The “attorney exemption” to the real estate broker and salesperson license act is limited to those professional activities which are encompassed within and incidental to […]

The Honorable Kenny A. Wilk Attorney General of Kansas — Opinion September 30, 1993 Re: Cities and Municipalities — Public Recreation and Playgrounds — Powers of Recreation Commission; Authority to Enter Into Lease Agreement With Unified School District Synopsis: A recreation commission may enter into a lease agreement with a unified school district, the terms […]

William Frost Attorney General of Kansas — Opinion October 6, 1993 Re: Automobiles and Other Vehicles — Uniform Act Regulating Traffic; Powers of State and Local Authorities — Power of Municipalities to Regulate Speed in Residential Districts and Establish Traffic Control Devices Synopsis: Cities do not have the authority to promulgate ordinances which alter the […]

The Honorable Jerry L. Mershon Attorney General of Kansas — Opinion August 15, 1995 Re: Attorneys at Law — Rules of the Supreme Court Relating to Attorneys — Unauthorized Practice of Law; Military Attorneys Practicing on Federal Reserve Synopsis: While recognizing the importance of requiring licensure and regulation by the state of those who wish […]

Mary Jane Stattelman, Acting Secretary Attorney General of Kansas — Opinion June 24, 1999 Re: Agriculture — Pest Control — Kansas Pesticide Law; Unlawful Acts Synopsis: K.S.A. 2-2453 makes it unlawful for any person to use a pesticide in a manner inconsistent with the pesticide’s label. Pesticide labels contain a reference to the Worker Protection […]

Gary A. Anderson Attorney General of Kansas — Opinion January 6, 2003 Re: Cities and Municipalities — Buildings, Structures and Grounds — Transportation Development District Act; Constitutionality Synopsis: The portions of the Transportation Development District Act that create a transportation district and impose an excise tax for the purpose of financing transportation infrastructure improvements are […]

W. Newton Male Attorney General of Kansas — Opinion March 31, 1998 Re: Crimes and Punishments; Kansas Criminal Code; Prohibited Conduct — Crimes Affecting Business — Debt Adjusting Synopsis: The practice of offering bi-weekly mortgage payment plans falls within the statutory definition of “debt adjusting” in that the parties exchange legal consideration and the term […]

The Honorable Gerald T. Henry Attorney General of Kansas — Opinion January 6, 1995 Re: Public Utilities — Powers of Railroad Companies — Railroad Right-of-Way; Abandonment, When; Requirements; Release; Notice Synopsis: The national trails system act, 16 U.S.C. § 1247(d), enacted to preserve established railroad rights-of-way for future reactivation of rail service, authorizes the interstate […]

The Honorable Melvin J. Neufeld Attorney General of Kansas — Opinion October 23, 1995 Re: Public Health — Regulation of Nursing — Advanced Registered Nurse Practitioner; Categories, Education, Training, Qualifications and Expanded Role; Nurse Anesthetists; Requirement to Obtain Certificate of Qualification Public Health — Regulation of Nursing; Registered Nurse Anesthetists — Requirement to Be Authorized […]

The Honorable Kent Glasscock Attorney General of Kansas — Opinion February 22, 1996 Re: Cities and Municipalities — Planning and Zoning; Planning, Zoning and Subdivision Regulation in Cities and Counties — Planning Commission; Membership; Compensation; Application of Home Rule to Reimburse Members of a City or County Planning Commission for Travel Expenses Synopsis: Cities and […]

Lynn Jenkins, CPA Attorney General of Kansas — Opinion April 27, 2006. The Honorable Lynn Jenkins, CPA Kansas State Treasurer 900 SW Jackson, Suite 201 Topeka, Kansas 66612 John D. Cleland, Chairman Pooled Money Investment Board Landon State Office Building 900 S Jackson, Room 209 Topeka, Kansas 66612 Re: State Departments; Public Officers and Employees […]

Mr. Kerwin Spencer Attorney General of Kansas — Opinion February 26, 1993 Re: Courts — District Courts; Judicial Reapportionment Act (1968) — Residence Requirements of Judges of the District Court Synopsis: Unlike the provisions regarding the 20th judicial district, the provisions establishing the 30th judicial district did not expressly provide that the judges were to […]

The Honorable Jack L. Lively Attorney General of Kansas — Opinion February 2, 1996 Re: Courts — District Courts; Miscellaneous Provisions — Budget for District Court Expenses Payable by Counties; Application of County Purchasing Policy to District Court Synopsis: District courts are not required to follow county purchasing policies. Cited herein: K.S.A. 19-101a; 20-101; 20-329; […]

The Honorable Clay Aurand. Attorney General of Kansas — Opinion July 26, 2007. Re: Constitution of the State of Kansas — Legislative — Subject and Title of Bills; One Subject Rule; 2007 House Bill 2368 Schools — School District Finance and Quality Performance — Local Option Budget; Authorization to Adopt; Conditions; Limitations; Definitions; Supplemental General […]

Robert D. Crangle Attorney General of Kansas — Opinion May 22, 2000 Re: Cities and Municipalities — General Provisions — Tax Upon Gross Earnings Derived from Money, Notes and Other Evidence of Debt; Petition for Elimination of Tax Elections — Sufficiency of Petitions — Application to Both State and Local Elections; Determination of Legality of […]

Michael J. Armstrong, Counsel Attorney General of Kansas — Opinion December 17, 2002 Re: Public Records, Documents and Information — Records Open to Public — Utility Customer Records Public Records, Documents and Information — Records Open to Public — Procedures for Obtaining Access to or Copies of Records; Limited Exception for Use of Names and […]

Lee Droegemueller Attorney General of Kansas — Opinion April 3, 1995 Re: Banks and Banking; Trust Companies — Banking Code; Deposit of Public Moneys — Designation of Depositories for Municipal and Quasi-Municipal Funds Cities and Municipalities — Miscellaneous Provisions — Investment of Public Moneys by Governmental Subdivisions; Conditions and Limitations Synopsis: K.S.A. 9-1401 requires that […]

The Honorable Tim Carmody Attorney General of Kansas — Opinion March 27, 1997 Re: Cities and Municipalities — Code for Municipal Courts; General Provisions — Jurisdiction of Municipal Court; Ordinance Violations With No Statutory Counterpart Minors — Kansas Juvenile Offender Code — Definitions; Definition of Juvenile Offender Synopsis: A juvenile who violates an ordinance that […]

Gary House Attorney General of Kansas — Opinion June 14, 1994 Re: Constitution of the United States — Amendments to the Constitution of the United States — Freedom of Religion, Speech and Press Synopsis: Use of a blue devil as a mascot by a unified school district does not violate the establishment clause of the […]

Robert D. Wilson Attorney General of Kansas — Opinion May 7, 2001 Re: Cities and Municipalities — Planning and Zoning — Planning Commission; Creation; Comprehensive Plan; Procedure for Adoption; Procedure for Abolishing Planning Commission and Repealing Comprehensive Plan Synopsis: A board of county commissioners may exercise its home rule power to abolish its county planning […]

Robert D. Beall Attorney General of Kansas — Opinion March 17, 2000 Re: Cities and Municipalities — General Provisions — Countywide and City Retailers’ Sales Tax — Procedure for Imposition; Amending Current Resolution; Imposing New Countywide Retailers’ Sales Tax and Refunding Revenue Bonds Synopsis: The Board of County Commissioners of Leavenworth County cannot submit a […]

The Honorable Henry M. Helgerson, Jr. Attorney General of Kansas — Opinion August 15, 1995 Re: District Officers and Employees — District Coroners — District Coroners; Notification of Death to Coroner or Deputy, When Synopsis: Whether it is in the “public interest” to report to the district coroner the death of a terminally ill patient […]

J. Matthew Oleen Attorney General of Kansas — Opinion March 10, 1999 Re: Intoxicating Liquors and Beverages — Certain Prohibited Acts and Penalties — Purchase or Consumption of Alcoholic Beverage by Minor; Penalty; Courts’ Authority to Suspend Fine Synopsis: There is no statutory discretion that would allow a court to suspend the mandatory minimum fine […]

The Honorable Jim Morrison Attorney General of Kansas — Opinion November 22, 1994 Re: Elections — Filling Vacancies in Offices and Candidacies — Application of Open Meetings Act to Precinct Committee State Departments; Public Officers and Employees — Public Officers and Employees; Open Public Meetings — Application to Precinct Committee Synopsis: A political party precinct […]

J. Patrick Hyland Attorney General of Kansas — Opinion August 17, 1994 Re: Automobiles and Other Vehicles — General Provisions; Registration of Vehicles — Definitions; Application of Motor Vehicle Laws to ATVs Synopsis: K.S.A. 8-128(a)(7) establishes an absolute ban upon the operation of all-terrain vehicles (ATVs) on federal and state highways, including any right of […]

Nanette L. Kemmerly-Weber Attorney General of Kansas — Opinion July 6, 1993 Re: Minors — Kansas Code for Care of Children; Matters Prior to Filing Petition — Mandatory Abuse Reporting Statute Synopsis: Persons listed in K.S.A. 1992 Supp. 38-1522 are required to notify the department of social and rehabilitation services (S.R.S.), or a law enforcement […]

The Honorable Sandy Praeger Attorney General of Kansas — Opinion December 3, 1997 Re: Public Health — Secretary of Health and Environment, Activities; Laboratory Testing — Employer Drug Testing; Approved Laboratory Synopsis: An employer who uses on-site drug testing kits to test for controlled substances for employee management purposes is not a “person” or “laboratory” […]

Lonnie McCollum, Superintendent Attorney General of Kansas — Opinion September 22, 1997 Re: Automobiles and Other Vehicles — General Provisions; Registration of Vehicles — Registration of Golf Carts Automobiles and Other Vehicles — Uniform Act Regulating Traffic; Equipment of Vehicles — Use of Safety Equipment on Golf Carts Synopsis: A city may not exempt itself […]

Roderick L. Bremby Attorney General of Kansas — Opinion September 24, 2007. Re: Public Health — Air Quality Control — Action to Protect Health or Environment; Authority to Deny, Modify or Stay Issuance of an Air Quality Permit Synopsis: If the Secretary of the Kansas Department of Health and Environment makes a factual determination that […]

Barry L. Arbuckle Attorney General of Kansas — Opinion July 22, 2004 Re: Intoxicating Liquors and Beverages — Licensing and Related Provisions; City Option — Sale of Liquor by Package; Petition and Election Synopsis: As the Liquor Control Act does not apply uniformly to all cities, a city may charter out of the petition requirement […]

Barry L. Arbuckle Attorney General of Kansas — Opinion June 1, 2001 Re: State Departments; Public Officers and Employees — Public Officers and Employees; Open Public Meetings — Meeting Defined Synopsis: A prayer gathering of a majority of a quorum of city council members at which they pray for guidance and wisdom in the performance […]

The Honorable Laura L. McClure Attorney General of Kansas — Opinion March 21, 2000 Re: Public Health — Secretary of Health and Environment, Activities — Abatement of Nuisances; Prevention of Water Pollution; Confined Feeding Facilities for Swine; Standards and Requirements; Application; Air Quality Control; Powers of Secretary of KDHE Synopsis: Kansas statutes give the Secretary […]

Anthony Brown Attorney General of Kansas — Opinion September 23, 2009. Re: State Department; Public Officers and Employees — Public Officers and Employees — Kansas Open Meetings Act; Closed or Executive Meetings; Authorized Subjects for Discussion; Personnel Matters of Nonelected Personnel; Evaluations and Discussion of Performance Including Potential Policy Issues Synopsis: The evaluation of an […]

The Honorable Don Steffes Attorney General of Kansas — Opinion February 5, 1997 Re: Schools — Transportation of Students — Transportation of Pupils; Authorization to Provide or Furnish Synopsis: A unified school district may permit pupils of the school district to utilize the district’s transportation services in order to arrive at a religious facility in […]

Harold T. Walker Attorney General of Kansas — Opinion April 10, 2007. Re: Counties and County Officers — General Provisions — Home Rule Powers; Limitations, Restrictions and Prohibitions; Authority of County to Offer Advance Tax Payment Option Taxation — Correction of Irregularities — Unlawful Release, Discharge, Remission or Commutation of Taxes; Interests and Penalties Owed […]

The Honorable Sally Thompson Attorney General of Kansas — Opinion September 27, 1994 Re: State Departments — Public Officers and Employees — State Moneys; Powers and Duties of Pooled Money Investment Board Synopsis: The Pooled Money Investment Board (PMIB) is authorized pursuant to K.S.A. 1993 Supp. 75-4209 as amended by L. 1994, ch. 105 to […]

The Honorable Clyde D. Graeber Attorney General of Kansas — Opinion August 16, 1993 Re: Banks and Banking; Trust Companies — Banking Code; Organization — Charging a Fee for Cashing a Check that is Drawn on the Bank Synopsis: A bank is authorized to charge a fee for cashing a check that was drawn on […]

Steven L. Opat Attorney General of Kansas — Opinion February 5, 1997 Re: Counties and County Officers — County Commissioners; Powers and Duties — Allowance of Claims Monthly Counties and County Officers — County Attorney — Claims and Accounts; Duties of County Attorney or Assistant or County Counselor in Certain Counties Synopsis: K.S.A. 19-716 requires […]

Mr. Lawrence M. Wright Attorney General of Kansas — Opinion January 18, 1994 Re: Schools — General Provisions Related to School Districts — School Residence; Compulsory Attendance; Effect of Expulsion in Former School District Synopsis: The residence of a pupil for the purpose of attending school is not limited to the residence or domicile of […]

Larry Welch Attorney General of Kansas — Opinion September 6, 1995 Re: Minors — Kansas Juvenile Offenders Code; General Provisions — Juvenile Offender Information System; Confidentiality of Information Concerning Juveniles Age 14 and Older Synopsis: The Kansas bureau of investigation may not release information in the juvenile offender information system except as specifically authorized by […]

The Honorable Jim Barnett Attorney General of Kansas — Opinion September 29, 2008. Re: Counties and County Officers — Hospitals and Related Facilities; Contracts for Management; Legality of Group Purchasing Organization Fees Public Officers and Employees — Open Public Meetings; Executive Sessions; Allowable Subjects; Quality of Care and Staffing Issues Not Related to an Individual […]

The Honorable Clyde D. Graeber Attorney General of Kansas — Opinion October 16, 1996 Re: Taxation — Rules for Valuing Property — Appraisal of Real and Tangible Personal Property at Fair Market Value in Money; Requirement for Physical Inspection Synopsis: While K.S.A. 1995 Supp. 79-501 may appear to require an actual inspection of property every […]

Martin W. Mishler Attorney General of Kansas — Opinion October 5, 2000 Re: Cities and Municipalities — General Provisions — Countywide and City Retailers’ Sales Tax; Use of Sales Tax Revenue Constitution of the State of Kansas — Finance and Taxation — Object of Tax; City Retailers’ Sales Tax Synopsis: Resolution No. 1991-6, enacted by […]

The Honorable Brenda K. Landwehr Attorney General of Kansas — Opinion September 11, 1996 Re: Schools — Miscellaneous Provisions — Private School Pupils; Auxiliary School Services; 1996 Senate Bill No. 636; Constitutionality Synopsis: A pupil attending a private school does not possess a property interest in the yearly provision, free of charge, of auxiliary school […]

William M. Tuley Attorney General of Kansas — Opinion March 15, 1993 Re: Counties and County Officers — Parks, Museums, Lakes and Recreational Grounds; Johnson County Park and Recreation District — Authority of the District Synopsis: The Johnson county park and recreation district has authority to exchange its property with a city if the board […]

Secretary Theodore D. Ensley Attorney General of Kansas — Opinion April 15, 1993 Re: Wildlife, Parks and Recreation — Licenses, Permits, Stamps and Other Issues, Wildlife — Big Game Permits; Landowner or Tenant Hunt-on-Your-Own-Land Big Game Permits Synopsis: In our opinion 1993 Senate Bill No. 20 which would amend K.S.A. 1992 Supp. 32-937(g) establishes two […]

Larry R. Sharp, Chairman Attorney General of Kansas — Opinion June 24, 1999 Re: District Officers and Employees — District Attorneys — Salary; Salary of the District Attorney in the 27th Judicial District Synopsis: While the reference to K.S.A. 1998 Supp. 22a-105 in 1999 House Bill No. 2471 creates some ambiguity concerning whether the current […]

The Honorable Richard Alldritt Attorney General of Kansas — Opinion February 20, 1997 Re: Public Health — Secretary of Health and Environment Activities — Prevention of Water Pollution; Standards; Permits; Exemptions; Orders; Hearings; Appeals; Fees; Confined Feeding Facilities, Registration Prior to Construction, Separation Distance Requirements, Exemptions Counties and County Officers — General Provisions — County […]

Leonard J. Dix Attorney General of Kansas — Opinion May 10, 1993 Re: Counties and County Officers — County Commissioners; Powers and Duties — Powers of Board of Commissioners; Authority Over Employees of County Sheriff, Clerk, Treasurer, and Register of Deeds; Limitation of Personnel Action Synopsis: County clerks, treasurers, sheriffs and registers of deeds have […]

The Honorable Doug Mays Attorney General of Kansas — Opinion September 15, 1998 Re: United States Constitution — Article IV, States’ Relations — Section 2, Citizenship; Privileges and Immunities; Residency Requirement for Pawnbrokers and Precious Metal Dealers Synopsis: The pursuit of a “common calling,” the right to practice one’s chosen profession, is a fundamental privilege […]

The Honorable Dan Thimesch Attorney General of Kansas — Opinion September 12, 2002 Re: Waters and Watercourses — Obstructions in Streams — Conditions to Permits; Liability for Injury Synopsis: An upstream landowner has a duty to protect a lower proprietor or downstream landowner from any damage resulting from the upstream landowner’s gathering or diversion of […]

Terry R. Fuller Attorney General of Kansas — Opinion November 15, 1994 Re: Waters and Watercourses — Appropriation of Water for Beneficial Use — Applications for Permits to Appropriate Water; Fee; Applications to Change Place of Use; Appeal From Synopsis: Water right holders applying for a change in place of use must comply with K.S.A. […]

Theresa Marcel Nuckolls Attorney General of Kansas — Opinion March 4, 1998 Re: Counties and County Officers — Register of Deeds — Record of Plats and Index; Tax Receipt Required for Recording; Definition of “Due and Owing” Taxation — Levy of Taxes — When Tax Due; Definition of “Due and Owing” Synopsis: K.S.A. 19-1207(b) requires […]

Harold T. Walker, Chief Counsel Attorney General of Kansas — Opinion February 9, 1999 Re: Cities and Municipalities — Consolidation of Municipalities — Consolidation of Kansas City, Kansas and Wyandotte County; Mayor as Member of the Unified Board of Commissioners Cities and Municipalities — Planning and Zoning — Planning, Zoning and Subdivision Regulations in Cities […]

Winton Hinkle, Bond Counsel Attorney General of Kansas — Opinion August 13, 2003 Re: Bonds and Warrants — General Bond Law — Bond Election; Publication of Notice; Requirements Schools — School Unification Acts — General Obligation Bonds; Purpose of Issuance; When Election Required; Notice Synopsis: The Kansas Supreme Court has always applied a strict rule […]

The Honorable Greg Packer Attorney General of Kansas — Opinion March 10, 1994 Re: Counties and County Officers — Mental Health Centers and Services — Community Mental Health Center Governing Boards; Confidentiality of Identity of Board Members Synopsis: Members of the governing board of a community mental health center who are also consumers of mental […]

The Honorable Carol Beggs Attorney General of Kansas — Opinion November 6, 1995 Re: Cities and Municipalities — General Improvement and Assessment Law — Action by Governing Body; Protests Synopsis: K.S.A. 12-6a06 contains two requirements for a successful protest to a city-initiated improvement. The protest must be signed by at least 51% of the resident […]

The Honorable Ron Thornburgh Attorney General of Kansas — Opinion March 2, 1995 Re: Elections — Registration of Voters — Application for Registration; Form Approved by Secretary of State; Effect of Alteration by Applicant Synopsis: An application for registration to vote which has been materially altered by the person submitting the application should be rejected […]