Category: Kansas Attorney General Opinions

The Honorable William G. Mason Attorney General of Kansas — Opinion March 15, 2005 Re: Intoxicating Liquors and Beverages — Division of Alcoholic Beverage Control — Powers of Director Intoxicating Liquors and Beverages — Certain Prohibited Acts and Penalties — Consumption of Alcoholic Liquor Prohibited in Certain Places; Exemptions; Advertising and Display of Liquor; Restrictions […]

The Honorable Pat Ranson Attorney General of Kansas — Opinion November 10, 1994 Re: Public Health — Regulation of Podiatrists — License Required; Scope of Practice; Applicability of Act Public Health — Healing Arts — Kansas Healing Arts Act — Persons Deemed Engaged in the Practice of Medicine and Surgery Synopsis: The term “physician” includes […]

Dudley R. Feuerborn, President Attorney General of Kansas — Opinion June 30, 1995 Re: Bonds and Warrants — Cash-Basis Law — Definitions; Kansas Association of Counties not a Municipality for Purposes of Cash-Basis Law Counties and County Officers — Miscellaneous Provisions — Kansas Association of Counties Public Records, Documents and Information — Records Open to […]

Joseph O’Sullivan Attorney General of Kansas — Opinion September 13, 2004 Re: Cities and Municipalities — Emergency Telephone Service — Use of Proceeds Synopsis: Emergency telephone tax revenue may be utilized to pay for charges related to an emergency telephone system’s equipment, including computer software, hardware and maintenance or service agreements, where the governing body […]

The Honorable Thomas Bradley Attorney General of Kansas — Opinion July 16, 1993 Re: Taxation — Property Valuation, Equalizing Assessments, Appraisers and Assessment of Property — Appeals By Taxpayers From Classification or Valuation of Property; Informal Hearing With County Appraiser; Timing of Mailing of Final Determination Synopsis: The deadlines established by K.S.A. 1992 Supp. 79-1448 […]

Harold T. Walker Attorney General of Kansas — Opinion March 6, 2008. Re:State Boards, Commission and Authorities — State Lottery — Kansas Lottery Act; Kansas Expanded Lottery Act; Lottery Gaming Facilities; Gaming Facility Management Contract Requirements; Applicant Endorsement Synopsis: The Kansas Expanded Lottery Act does not require that a lottery gaming facility manager applicant provide […]

Ted D. Ayres, General Counsel Attorney General of Kansas — Opinion May 21, 1996 Re: Agriculture — County Extension; Councils, Boards and Agents — Purpose of Extension Councils; User Fees Synopsis: A county extension council may not collect any fee unless the fee is for a specific service which requires special equipment or personnel, such […]

The Honorable Steve Lloyd Attorney General of Kansas — Opinion March 5, 1996 Re: Corporations — Agricultural Corporations — Definitions; Limitations; Exceptions; Process for Rescinding County Resolution; Home Rule Counties and County Officers — General Provisions — Home Rule Powers; Limitations; Restrictions; Rescinding Corporate Farming Resolution Synopsis: A county may use K.S.A. 19-101a to rescind […]

The Honorable Jim Ward Attorney General of Kansas — Opinion July 16, 2007. Re: Schools — Vocational Education; Technical Colleges — Governance; Powers and Duties of Boards; Delegation of Authority State Departments; Public Officers and Employees — Public Officers and Employees; Open Public Meetings — Meetings of State and Subdivisions Open to Public; Exceptions; Technical […]

The Honorable Herman Dillon Attorney General of Kansas — Opinion February 26, 1997 Re: Constitution of the State of Kansas — Legislative — Legislative Power; Delegation of Legislative Power; Wyandotte County/Kansas City Consolidation Plan; K.S.A. 1996 Supp. 12-340 et seq. Cities and Municipalities — Consolidation of Municipalities — Consolidation of Kansas City, Kansas, and Wyandotte […]

Michael G. Coash, Attorney Attorney General of Kansas — Opinion August 9, 1996 Re: Taxation — Mortgage Registration and Intangibles; Mortgage Registration — Exemptions; Mortgages Filed by Cities Synopsis: Because the mortgage registration fee is a tax on property, mortgages tendered for filing by a city would be exempt from payment of the mortgage registration […]

The Honorable Robert H. Miller Attorney General of Kansas — Opinion July 23, 1993 Re: Schools — School District Finance and Quality Performance — Local Option Budget; Authorization to Adopt; Conditions; Limitations; Additional Resolutions Synopsis: The board of education for a unified school district which has submitted to the electors of the district a resolution […]

Marcus Goodman Attorney General of Kansas — Opinion December 17, 2002 Re: Counties and County Officers — County Commissioners — Rearrangement of Commissioner Districts; Limitation on Changes; Due Process Elections — Precinct Boundaries — Precinct Boundaries; Establishment or Change; Maps; Requirements; Notification of Change; Due Process Synopsis: There is no life, liberty, and property interest […]

The Honorable Michael R. O’Neal Attorney General of Kansas — Opinion October 22, 2001 Re: Automobiles and Other Vehicles — Uniform Act Regulating Traffic; Rules of the Road; Serious Traffic Offenses — Driving Under Influence of Alcohol or Drugs; Penalties; Municipal Diversion as “Conviction” Cities and Municipalities — Code for Municipal Courts; Trials and Proceedings […]

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 […]

Rodney J. Bieker, General Counsel Attorney General of Kansas — Opinion October 4, 2000 Re: Schools — Organization, Powers and Finances of Boards of Education — Boards of Education; General Powers; Purchases of Equipment, Goods, or Services By Private Individuals; Reimbursement by Unified School District Synopsis: Unified School District No. 423 does not have the […]

Linden G. Appel Attorney General of Kansas — Opinion July 24, 2003 Re: Automobiles and Other Vehicles — Uniform Act Regulating Traffic — Driving Under Influence of Alcohol or Drugs; Blood Alcohol Concentration; Penalties; Fourth or Subsequent Conviction Synopsis: In view of the requirement in K.S.A. 2002 Supp. 8-1567(g) (regarding a fourth or subsequent DUI […]

Norbert C. Marek, Jr. Attorney General of Kansas — Opinion February 12, 2009. Re: Counties and County Officers — Register of Deeds — Custody and Recording of Documents; Assignment Agreement Regarding Conservation Reserve Program (CRP) Payments Personal and Real Property — Conveyances of Land — Recordation of Instruments Conveying or Affecting Real Estate; Duties of […]

Dr. Duane Muck, Chairman Attorney General of Kansas — Opinion May 22, 2000 Re: State Boards, Commissions and Authorities — Athletic Commission; Sports Hall of Fame — State of Kansas Sports Hall of Fame Board of Trustees; Status of Board of Trustees Synopsis: The Kansas State Sports Hall of Fame Board of Trustees was created […]

The Honorable Carolyn Tillotson Attorney General of Kansas — Opinion October 14, 1993 Re: Counties and County Officers — Mental Health Centers and Services — Community Mental Health Centers and Community Facilities for the Mentally Retarded; Tax Levy, Use of Proceeds Synopsis: The legislature has established preconditions which must be met before a board of […]

Clyde D. Graeber, Secretary Attorney General of Kansas — Opinion December 31, 2001 Re: Public Health — Credentialing — Credentialing Health Care Personnel; Appointment of Technical Committee; Meaning of “Personal Interest” Synopsis: After the Secretary of the Kansas Department of Health and Environment receives a credentialing application, he must appoint a technical committee to make […]

Meredith Williams Attorney General of Kansas — Opinion July 1, 1994 Re: State Boards, Commissions and Authorities — Public Employees Retirement Systems; Provisions Affecting Systems Administered By KPERS Board of Trustees — Lump-Sum Death Benefit for Retirants Synopsis: Because the lump-sum death benefit payable pursuant to K.S.A. 1993 Supp. 74-4989 is intended to be paid […]

Dwight D. Radke Attorney General of Kansas — Opinion August 21, 1996 Re: Public Records, Documents and Information — Records Open to Public — Lists of Names and Addresses Derived from Public Records; Exception to Disclosure Synopsis: K.S.A. 45-216(a) requires public records to be open for inspection unless the record falls within one of the […]

The Honorable Jim Barone Attorney General of Kansas — Opinion October 21, 1999 Re: Public Records, Documents and Information — Records Open to Public — Inspection of Records; Certain Records Not Required to be Open; Criminal Investigation Records; Personnel Records Synopsis: A consulting contract for an independent contractor may not be closed under the Kansas […]

Kevin Schultz, Board President Attorney General of Kansas — Opinion August 30, 1995 Re: Waters and Watercourses — Appropriation of Water for Beneficial Use — Applications for Permits to Appropriate Water; Applications for Change of Place of Use; Appeal from Decisions of Chief Engineer; Fee Synopsis: Regulations that authorize the reduction of the amount of […]

Richard A. Euson Attorney General of Kansas — Opinion September 12, 2002 Re: Taxation — Mortgage Registration and Intangibles — Mortgage Registration; Fee; Exemptions; Master Construction Mortgages Synopsis: Property that is added to a mortgage may be considered “additional security” for purposes of the K.S.A. 79-3102(d)(2) exemption from mortgage registration fees even if other properties […]

Stephen T. Adams, Counsel Attorney General of Kansas — Opinion November 6, 1995 Re: State Departments; Public Officers and Employees — Public Officers and Employees; Open Public Meetings — Meetings of Public Bodies Open to the Public; Notice of Meetings; Requests for Notice; Subordinate Group; Concurrent Membership Synopsis: Notice of meetings of bodies subject to […]

The Honorable Doug Walker Attorney General of Kansas — Opinion April 31, 1994 Re: Constitution of the State of Kansas — Legislative — Subject and Title of Bills; Amendment or Revival of Statutes; Two Subjects in One Bill Synopsis: The provisions of 1994 house bill no. 2056 do not embrace two or more subjects which […]

Ted D. Ayres Attorney General of Kansas — Opinion June 1, 1993 Re: State Departments; Public Officers and Employees — Kansas Tort Claims Act — Claims for Damages Against Health Care Providers; Persons Engaged in Residency Training; Claims Arising from Services to Indigent Health Care Clinics Synopsis: Persons engaged in residency training, as defined by […]

Eric K. Rucker Attorney General of Kansas — Opinion December 1, 1994 Re: Counties and County Officers — Miscellaneous Provisions — Powers of the Board of County Commissioners; Office Hours of the County Attorney’s Office Synopsis: The county attorney may set office hours during which that office will be open to the public in his […]

Mike Ward Attorney General of Kansas — Opinion November 23, 1993 Re: Amendments to the Constitution of the United States — Amendment I; Freedom of Speech — Residential Anti-Picketing Ordinances Synopsis: Butler county resolution no. 93-983 which prohibits picketing that targets a particular residence is constitutional under the first amendment to the United States constitution […]

Sandra L. Jacquot Attorney General of Kansas — Opinion June 18, 1997 Re: Cities and Municipalities — Governmental Organization — Consolidation of Operations, Procedures and Functions by a Political Subdivision; Creation of the Shawnee County Department of Corrections and Liability of Sheriff for Operation of County Jail Synopsis: K.S.A. 12-3903, as it existed in 1981, […]

The Honorable Tom Sloan Attorney General of Kansas — Opinion April 25, 1997 Re: Public Health — Secretary of Health and Environment, Activities; Water Supply and Sewage — Public Water Supply Project Loan Program; Definitions; Interlocal Entity as Municipality Cities and Municipalities — Interlocal Cooperation; General — Powers and Duration of Separate Legal Entities Synopsis: […]

The Honorable Kay O’Connor Attorney General of Kansas — Opinion March 8, 1994 Re: Constitution of the State of Kansas — Bill of Rights — Religious Liberty; School Voucher Act; Constitutionality Constitution of the State of Kansas — Education — Finance; School Voucher Act; Constitutionality Synopsis: The school voucher program proposed in 1994 House Bill […]

Bill Hasty, Chairman Attorney General of Kansas — Opinion April 20, 1998 Re: Wildlife, Parks and Recreation — Enforcement — County or District Attorneys’ Duties; Prosecution Fee Counties and County Officers — County Attorney — Duties; Fees, When Allowed Synopsis: Pursuant to K.S.A. 32-1053, a county or district attorney may personally receive and retain a […]

Dan Stanley, Secretary Attorney General of Kansas — Opinion February 3, 1999 Re: Public Utilities — Motor Carriers — Transfer of Certain Employees to Highway Patrol, Rights Preserved; Application of Civil Service Laws State Boards, Commissions and Authorities — Public Employees Retirement Systems; Kansas Police and Firemen’s Retirement System — Entry of Kansas Highway Patrol […]

R. Douglas Sebelius Attorney General of Kansas — Opinion October 7, 1999 Re: Roads and Bridges — County and Township Roads — Laying Out and Opening Roads; Petition for Laying Out, Viewing, Altering or Vacating Roads; Authority of County to Regulate Subsurface of Section Line Roads Roads and Bridges — County and Township Roads — […]

The Honorable Steven R. Brunk Attorney General of Kansas — Opinion April 28, 2004 Re: Personal and Real Property — Real Estate Brokers and Salespersons — Minimum Requirements of Seller’s or Landlord’s Agent Personal and Real Property — Real Estate Brokers and Salespersons — Prohibited Acts Synopsis: A real estate broker has a duty to […]

Topeka City Council Members Attorney General of Kansas — Opinion October 29, 1993 Re: Amendments to the Constitution of the United States — Amendment I — Freedom of Speech; Anti-Picketing Ordinance Synopsis: Ordinance no. 16643 which prohibits picketing “directed towards or interfering with an activity or event” at a house of worship violates the first […]

Robert W. Fairchild Attorney General of Kansas — Opinion June 23, 1993 Re: Taxation — Mortgage Registration and Intangibles; Mortgage Registration — Fee; Exemptions, Refinancing Mortgage That Has Been Assigned Synopsis: If in “refinancing” a debt that it has previously assigned, along with the mortgage, to another entity, the mortgagee settles or satisfies the assigned […]

Nola Foulston Attorney General of Kansas — Opinion August 3, 1994 Re: Public Records, Documents and Information — Records Open to Public — County Appraiser’s Records on Individually Owned Real Property Synopsis: With regard to appraisal information contained in questionnaires provided to a county appraiser by property owners, if disclosure is requested during the course […]

The Honorable Gary Sherrer Attorney General of Kansas — Opinion October 2, 2001 Re: State Boards, Commissions and Authorities — Development Finance Authority — Bonds for Projects of Statewide as Well as Local Importance; Reimbursement of Wyandotte County; Secretary of Commerce and Housing Certification of Expenses Synopsis: The 2001 Legislature amended K.S.A. 2000 Supp. 74-8922 […]

M. Kathryn Webb, Chairperson Attorney General of Kansas — Opinion August 27, 1997 Re: Criminal Procedure; Kansas Code of Criminal Procedure — Aid to Indigent Defendants — Indigent Defense Services Act; Entitlement of Defendant to Counsel; Habeas Corpus Proceeding Challenging Conditions of Confinement Synopsis: Pursuant to K.S.A. 22-4506, as amended by L. 1997, Ch. 181, […]

The Honorable Jerry Karr Attorney General of Kansas — Opinion February 10, 1994 Re: Counties and County Officers — General Provisions — Home Rule Powers; Administrative Assistant; County Department of Corrections and Rehabilitation Synopsis: The board of Chase county commissioners is authorized to establish a position of administrative assistant and a department of corrections and […]

The Honorable Jerry Moran Attorney General of Kansas — Opinion January 19, 1993 Re: Public Health — Maternity Hospitals or Homes and Homes for Children — License or Temporary Permit Required; Boarding Home for Children Defined Synopsis: An entity which merely publishes and distributes a list of licensed day care providers is not “finding homes […]

Robert D. Beall Attorney General of Kansas — Opinion June 7, 1993 Re: Personal and Real Property — Public Buildings — Accessibility Standards for Public Buildings; Miniature Golf Course Synopsis: Because the “club house” and the miniature golf course in question are new construction, the total facility needs to be built pursuant to the new […]

Larry Welch, Director Attorney General of Kansas — Opinion September 7, 1999 Re: Criminal Procedure; Kansas Code of Criminal Procedure — Arrest — Expungement of Arrest Records Crimes and Punishments; Kansas Criminal Code; Classification of Crimes and Sentencing — Sentencing — Expungement of Certain Convictions Synopsis: Amendments contained in L. 1998, Ch. 131 allowing expungement […]

Delton M. Gilliland Attorney General of Kansas — Opinion October 5, 1999 Re: Counties and County Officers — Sewer Districts — Resolution; Continuation or Discontinuation of Project; Cost of Project; Methods of Assessment Synopsis: The costs associated with the creation of a sewer district pursuant to K.S.A. 19-27a01 et seq. should be paid from a […]

The Honorable Douglas Johnston Attorney General of Kansas — Opinion January 29, 1998 Re: Public Health — Secretary of Health and Environment, Activities; Water Supply and Sewage — Prevention of Water Pollution; Standards; Permits, Confined Animal Feeding Operations Synopsis: The federal requirements of a National Pollutant Discharge Elimination System (NPDES) permit may be enforced by […]

Gayle B. Larkin Attorney General of Kansas — Opinion August 27, 2001 Re: Automobiles and Other Vehicles — General Provisions; Registration of Vehicles — Definitions; Motor Scooters Automobiles and Other Vehicles — Drivers’ Licenses; Motor Vehicle Drivers’ License Act — Licenses Required; Motor Scooters Synopsis: Motor scooters that are self-propelled and operated on the highways […]

James R. Campbell Attorney General of Kansas — Opinion February 13, 1995 Re: Criminal Procedure — Grand Juries — Secrecy of Proceedings and Disclosure State Boards, Commissions and Authorities — State Board of Technical Professions — Discipline of Licensees Synopsis: Because the secrecy of grand jury proceedings is a well-guarded aspect of American criminal procedure, […]

Robert B. Davenport, Director Attorney General of Kansas — Opinion August 6, 1993 Re: Public Health — Controlled Substances; Forfeitures; Procedure — Forfeitures of Property Under K.S.A. 65-4135 or 65-4156; State Special Asset Forfeiture Fund; Authorized Expenditures Synopsis: K.S.A. 65-4173(d) does not prohibit use of money in the state special asset forfeiture fund to supplement […]

John Badger, Chief Counsel Attorney General of Kansas — Opinion November 1, 2004 Re: Minors — Kansas Code for Care of Children; General Provisions — Access to Court, Agency, and Law Enforcement Records; Child Abuse or Neglect Resulting in a Fatality or Near Fatality Synopsis: Child in need of care (CINC) reports created prior to […]

Richard F. Hayse Attorney General of Kansas — Opinion September 4, 2007. Re: Courts — Commission on Judicial Performance — Confidentiality of Surveys and Results; Elected Judges’ Constitutional Right of Free Speech Constitution of the United States — Amendments to the Constitution of the United States — Amendment I — Freedom of Religion, Speech Press; […]

The Honorable Don Steffes Attorney General of Kansas — Opinion March 24, 1995 Re: State Boards, Commissions, and Authorities — Eisenhower Presidential Library Commission — Disposition of Library Property Upon Abolition Synopsis: The old Rock Island Railroad depot building donated in 1959 to the Eisenhower presidential library commission was library property, and title thereto was […]

Honorable Tim Shallenburger Attorney General of Kansas — Opinion May 17, 1994 Re: Minors — Kansas Code for Care of Children; Matters Prior to Filing Petition — Reporting of Certain Abuse or Neglect of Children; Persons Reporting Public Health — Confidential Communications and Information; Treatment Facility Patients — Privilege of Patient of Treatment Facility to […]

Dan Riley Attorney General of Kansas — Opinion November 17, 1993 Re: Intoxicating Liquors and Beverages — Licensure and Regulation of Sale of Liquor by the Drink — Cities Powers to Legislate in the Area Synopsis: Cities may exercise police power to enact non-conflicting ordinary ordinances to deal with health, safety and welfare issues under […]

Michelle M. Suter Attorney General of Kansas — Opinion November 21, 1995 Re: Cities and Municipalities — Additions, Vacation and Lot Frontage; Annexation by Cities; Conditions Which Permit Annexation; Definition of “Adjoin” Synopsis: For purposes of annexation, properties that adjoin a military reservation do not adjoin a city unless the properties lie upon or touch […]

The Honorable Gary A. Merritt Attorney General of Kansas — Opinion August 28, 1996 Re: Cities and Municipalities — Compacts Between Missouri and Kansas — Kansas and Missouri Metropolitan Culture District Compact Synopsis: The use of public funds to finance the Kansas and Missouri metropolitan culture district is for a valid public purpose and payment […]

The Honorable Paul Feleciano, Jr. Attorney General of Kansas — Opinion February 21, 1995 Re: State Boards, Commissions and Authorities — Public Employees Retirement Systems; Kansas Public Employees Retirement System — Rights of Members and Beneficiaries Not Affected By Change or Repeal of Act, Exception; Benefits and Rights Exempt From Taxes; 1995 Senate Bill No. […]

Barry W. Bedene, President Attorney General of Kansas — Opinion March 29, 2000 Re: Contracts and Promises — Funeral and Cemetery Merchandise Agreements, Contracts and Plans; Prearranged Funeral Agreements — Prearranged Funeral Agreements; Administration of Funds; Payment into Trust Fund Synopsis: Disposition of prearranged funeral agreement funds are controlled by the same statute, K.S.A. 1999 […]

The Honorable Clyde Graeber Attorney General of Kansas — Opinion August 19, 1994 Re: State Boards, Commissions and Authorities — Board of Examiners for Hearing Aids — Certificate of Registration or Endorsement; Fee and Audiometric Equipment Test Documentation Required; Reciprocity Synopsis: The Kansas board of hearing aid examiners is authorized to provide a reciprocal license […]

Stan Morgan Attorney General of Kansas — Opinion June 12, 2000 Re: Courts — District Courts — Budget for District Court Expenses Payable by Counties; Health Care Benefit Coverage of District Court Officers and Employees; Certain District Court Officers and Employees; Fringe Benefits; Counties’ Duties Domestic Relations — Enforcement of Support — Court Trustee; Appointment; […]

Lee A. Droegemueller Attorney General of Kansas — Opinion October 14, 1994 Re: Schools-Community Colleges — State Aid and Fiscal Provisions — Subjects and Courses Taught Outside Community College District; Effect on State Aid and Out-District Tuition Synopsis: No out-district tuition may be charged for credit hours in any subject or course all or the […]

The Honorable Stan Clark Attorney General of Kansas — Opinion February 5, 2001 Re: Cities and Municipalities — Franchises — Compensation to City; Legislative Cap on Franchise Fee Constitution of the United States — Legislative Powers — Limitations on States; Impairment of Contracts Synopsis: The test for determining whether a state law imposing a two-year […]

Lawrence M. Wright Attorney General of Kansas — Opinion May 27, 1994 Re: Minors — Kansas Juvenile Offenders Code; Dispositional Procedure — Procedure When New Offense Alleged; Authorized Dispositions; Commitment to State Youth Center; Expense of Care and Custody of Juvenile Crimes and Punishments — Crimes Affecting Governmental Functions; Escape From Custody — Definition of […]

The Honorable James E. Lowther Attorney General of Kansas — Opinion March 13, 1995 Re: State Departments; Public Officers and Employees — State Moneys — Pooled Money Investment Board; Investment of State Moneys in Municipal Investment Pool Fund Synopsis: Under the state moneys law, K.S.A. 75-4201 et seq., the pooled money investment board is charged […]

Jerry Lonergan, President Attorney General of Kansas — Opinion February 24, 2005 Re: State Boards, Commissions and Authorities — Kansas, Inc. — Kansas, Inc.; Membership; Meetings; Attendance; Quorum; Designation of Representative; Use of Proxies Synopsis: Of the members of the Kansas, Inc. board of directors, the Governor, the Governor’s appointees to the board, the State […]

Harold T. Walker Attorney General of Kansas — Opinion August 30, 1995 Re: Criminal Procedure; Kansas Code of Criminal Procedure — Conditions of Release — Surrender of Obligor by Surety; Commission of Criminal Acts by Sureties in Connection with Surrender of Obligor Synopsis: A bail bondsman may use reasonable means to effect the arrest of […]

Leonard L. Buddenbohm Attorney General of Kansas — Opinion January 19, 1993 Re: Cities and Municipalities — Emergency Telephone Services — Validity of Oral Agreement Synopsis: Atchison county is not required to refund its $.75 per month per exchange tax for emergency telephone services. The deduction was requested by the county pursuant to K.S.A. 12-5302. […]

Gary H. Hanson Attorney General of Kansas — Opinion March 8, 1994 Re: Taxation — Motor Vehicles Fuel Taxes; Motor Vehicle Fuels, and Special Fuels — Apportionment of Funds to City — Use of Funds Synopsis: Motor vehicle fuel tax funds may be used to construct sidewalks along highway 24 but they may not be […]

John D. LaFaver Attorney General of Kansas — Opinion August 3, 1995 Re: Taxation — Motor Vehicle Fuel Taxes; Motor Vehicle Fuels and Special Fuels — Tax Imposed on Use, Sale or Delivery of Motor Vehicle Fuels; Legal Incidence of Tax on Distributor, Not Retailer Synopsis: Because the legal incidence of the motor-vehicle fuel tax […]

Kenny A. Wilk Attorney General of Kansas — Opinion July 19, 2006. Re: Cities and Municipalities — Buildings, Structures and Grounds — Definitions; Permissible Use of STAR Bonds; Developer’s Financial Advisor Contract and Bond Counsel Fees Synopsis: Fees paid to financial consultants for services that are determined necessary to implement a redevelopment project are generally […]

The Honorable Jerry D. Williams Attorney General of Kansas — Opinion March 7, 2003 Re: Bonds and Warrants — Cash-Basis Law — Cash Basis for Municipalities; Creating Indebtedness in Excess of Funds Unlawful; Community College; President; Employment Contract; Roll-Over Provision Schools-Community Colleges — Organization, Powers and Finances of Boards of Trustees — Boards of Trustees; […]

The Honorable Don Steffes Attorney General of Kansas — Opinion February 2, 1998 Re: Banks and Banking; Trust Companies — Banking Code; Supervision; Commissioner — Examination Records of Commissioner Confidential Public Records, Documents and Information — Records Open to Public — Public Policy that Records be Open; Records Maintained by Bank Commissioner Synopsis: Routine information […]

Terry J. Solander Attorney General of Kansas — Opinion January 29, 1998 Re: Cities and Municipalities — Code for Municipal Courts; General Provisions — Performance of Marriage Ceremonies by Municipal Judge; Disposition of Honorarium Synopsis: A municipal court judge may retain marriage honorariums received during times when the judge is not hearing cases. Moreover, K.S.A. […]

The Honorable Janis K. Lee Attorney General of Kansas — Opinion July 17, 1996 Re: State Departments; Public Officers and Employees — Public Officers and Employees; Open Public Meetings — Authorized Subjects for Discussion in Closed Executive Sessions; Personnel Matters; Prospective Employees Synopsis: Public bodies subject to the Kansas open meetings act may go into […]

John E. Lang Attorney General of Kansas — Opinion December 18, 2001 Re: Counties and County Officers — Fire Protection — Fire Districts; Governing Body; Powers; Tax Levies; Use of Proceeds, Limitations Synopsis: A county fire district governing body organized pursuant to K.S.A. 19-3601 et seq. is not authorized to pay volunteers who respond to […]

The Honorable Kay O’Connor Attorney General of Kansas — Opinion April 12, 2004 Re: Constitution of the State of Kansas — Education — Finance; Tuition; Nonresident Pupils; Charge For Attendance; Constitutionality Schools — General Provisions Relating to School Districts — School Residence; Nonresident Pupils; Attendance in School; Costs of Providing for Attendance; Charges; Constitutionality Synopsis: […]

The Honorable Susan Wagle Attorney General of Kansas — Opinion January 18, 1996 Re: State Boards, Commissions and Authorities — State Board of Technical Professions — Rules and Regulations; Examinations by Members Licensed in Profession for Which License is Sought; Rules of Professional Conduct Synopsis: K.A.R. 66-6-4 prohibits a licensed land surveyor from directly or […]

Sandra L. Jacquot Attorney General of Kansas — Opinion October 14, 1994 Re: Water and Watercourses — Obstructions in Streams — Cleaning and Maintaining Banks and Channels by County; Distribution of Proceeds from Sale of Sand Products Synopsis: Absent the facts addressed in K.S.A. 82a-310, a board of county commissioners in possession of sand royalty […]

Michael L. Goodrich Attorney General of Kansas — Opinion September 15, 1998 Re: Cities of the Second Class — Board of Commissioners — Mayor or Commissioner Holding Other Office; Appointment of Former Commissioner to Office of City Manager Synopsis: K.S.A. 14-1302, which prohibits under certain conditions a city commission from appointing one of its former […]

The Honorable Jim Morrison Attorney General of Kansas — Opinion December 13, 1994 Re: Schools — Health Programs — Health Tests and Inoculations; Alternatives Synopsis: The provisions of K.S.A. 72-5209(a), as amended by L. 1994, ch. 206, § 1, K.S.A. 72-5211, as amended by L. 1994, ch. 206, § 3 and K.A.R. 28-1-20 set forth […]

Alan F. Alderson Attorney General of Kansas — Opinion June 18, 1996 Re: Taxation — Redemption of Real Estate and Remission, Compromise or Respread of Real Estate Taxes — Redemption of Real Estate Bid Off by County; Partial Redemption; Period of Redemption Synopsis: K.S.A. 1995 Supp. 79-2401a(a)(1) does not preclude acceptance of partial payment on […]

The Honorable Clyde Graeber Attorney General of Kansas — Opinion December 13, 1993 Re: Taxation — Mortgage Registration and Intangibles; Mortgage Registration — Fee; Exemptions, Refinancing Mortgage That Has Been Assigned to a Parent Corporation Synopsis: If in “refinancing” a debt that it has previously assigned, along with the mortgage, to another entity, the mortgagee […]

The Honorable Laura McClure Attorney General of Kansas — Opinion February 7, 1997 Re: Crimes and Punishments — Kansas Criminal Code; Prohibited Conduct — Crimes Against the Public Safety — Weapons Control; Criminal Use of Weapons; Concealed Weapons; Second Amendment to United States Constitution Synopsis: The Kansas prohibition against carrying a concealed firearm except when […]

Paul J. Morrison, District Attorney Attorney General of Kansas — Opinion June 13, 2002 Re: Public Records, Documents and Information — Records Open to the Public — Custody Time Records Criminal Procedure — Criminal History Record Information — Release of Records Concerning Time in Custody Synopsis: Records concerning “custody time,” i.e. records that disclose the […]

John Vratil, Counsel Attorney General of Kansas — Opinion June 25, 2010. Re: Schools — School District Finance and Quality Performance; Ad Valorem Tax Levy for Financing Costs of Ancillary School Facilities, Cost of Living Weighting, Declining Enrollment Weighting; Meaning of “Taxable Tangible Property” Synopsis: Motor vehicles are not “taxable tangible property” as that phrase […]

Douglas D. Depew Attorney General of Kansas — Opinion July 24, 2000 Re: Insurance — Firefighters Relief Act — Authorized Uses of Money Received by Firefighters Relief Associations Synopsis: The Commissioner of Insurance is charged with administration of the Firefighters Relief Fund pursuant to the Firefighters Relief Act, K.S.A. 40-1701. In light of the Commissioner’s […]

Susan C. Robson Attorney General of Kansas — Opinion March 27, 2003 Re: Publications, Bibliography and Calendar — Legal Publications — Newspapers in Which Legal Publications May Be Made Synopsis: K.S.A. 2002 Supp. 64-101(b)(3) does not require a specific percentage of county residents to have paid subscriptions in order for a newspaper to qualify for […]