Category: Kansas Attorney General Opinions

Delton M. Gilliland Attorney General of Kansas — Opinion August 21, 2007. Re: State Boards, Commissions and Authorities-State Lottery-Rules and Regulations; Temporary Regulations; Length of Effect Synopsis: Since the Kansas Lottery’s temporary rules and regulations are exempt from the otherwise applicable 120 day duration for temporary rules and regulations, the Kansas Lottery’s temporary rules and […]

Robert G. Frey Attorney General of Kansas — Opinion May 13, 1994 Re: Criminal Procedure — Appeals — Criminal Appeals from District Court; Duties of County Attorney; Supplemental Payment Synopsis: All reasonable costs of the county attorney’s assistance in representing the interests of the state in appeals and other post-conviction actions shall be allowed and […]

Bill McCormick Attorney General of Kansas — Opinion May 13, 1994 Re: Cities of the Second Class; Part I-Government by Mayor and Council and General Laws Applicable to Cities of the Second Class — General Provisions — Change in Classification of City from City of Third Class to City of Second Class; Governor’s Proclamation; Authority […]

William A. Taylor, III Attorney General of Kansas — Opinion October 13, 2004 Re: Fees and Salaries — Fees in All Counties and Salaries in Certain Counties — Allowance of Traveling Expenses and Mileage; County Officials and Employees Driving from Residence to Work Synopsis: K.S.A. 28-169 does not require that a county reimburse public officials […]

The Honorable Tim Shallenburger Attorney General of Kansas — Opinion December 19, 1997 Re: Schools — School Unification Acts — School District Expenditures Over $10,000; Requirements Relating to Bids and Bidders Synopsis: A unified school district may not conditionally accept the bid of the lowest responsible bidder submitting a sealed proposal for an expenditure exceeding […]

The Honorable Doug Walker Attorney General of Kansas — Opinion March 29, 1993 Re: Public Utilities — Duties and Liabilities of Railroad Companies — Crossings, Approaches and Gates — Dangerous Grade Crossings; Railroad Employees; Drug Testing Synopsis: With one limited and inapplicable exception, Congress has preempted the area of railroad safety including drug testing. Accordingly, […]

The Honorable Michael R. O’Neal Attorney General of Kansas — Opinion December 14, 1999 Re: Constitution of the State of Kansas — Corporations — Cities’ Power of Home Rule; Charter Ordinances; Filing with Secretary of State Synopsis: Absent a protest petition and referendum, a charter ordinance is effective sixty days after its final publication regardless […]

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 […]

George Teagarden Attorney General of Kansas — Opinion October 1, 1996 Re: Livestock and Domestic Animals — Animal Dealers — Injunctive Relief to Commissioner Synopsis: An animal control officer is required to comply with statutory provisions regarding record-keeping and lawful methods of euthanasia. If the livestock commissioner has reason to believe that an animal control […]

Cheryl Whelan Attorney General of Kansas — Opinion July 25, 2011. Re: Constitution of the State of Kansas — Education — Local Public Schools; Buildings; Remodeling or Renovation Costs of Building to be Leased or Sold Schools — School District Finance and Quality Performance — Definitions; Funds; Operating Expenses; General Fund; Local Option Budget; Use […]

The Honorable Judy Showalter Attorney General of Kansas — Opinion October 4, 2000 Re: Cities and Municipalities — Retirement Systems; Group Health Care Benefits for Retirants-Group Health Care Benefits Plan; Availability for Retirants; Coverage, End; Eligibility; Cost of Coverage; Definitions; Cessation of Coverage Synopsis: A local government may not terminate a retired employee’s access to […]

Paul S. Gregory Attorney General of Kansas — Opinion May 17, 2004 Re: Taxation — Mortgage Registration and Intangibles; Mortgage Registration — Mortgage Registration; Fee; Property in More Than One County; Timing of Filing Synopsis: Once the proper mortgage registration fee has been paid in full to one county, and sufficient evidence of that fact […]

John B. Barrett Attorney General of Kansas — Opinion May 8, 2002 Re: Cities and Municipalities — Code for Municipal Courts; General Provisions — Costs; Authority of City to Assess Synopsis: In order to offset the expense of court proceedings, a city may charter out of K.S.A. 12-4112 and assess reasonable costs against a municipal […]

The Honorable Mark W. Taddiken. Attorney General of Kansas — Opinion May 12, 2010. Page 1 Re: State Boards, Commission and Authorities — Law Enforcement Training Center; Commission on Peace Officers’ Standards and Training; Qualifications for Applicant for Certification; Juvenile Division Synopsis: An applicant for admission to a law enforcement training course is not disqualified […]

Steven W. Hirsch Attorney General of Kansas — Opinion August 28, 2007. Re: Bonds and Warrants — Cash-Basis Law — Cash-Basis for Municipalities; Exceptions; Employee Paid Time-Off Leave Synopsis: Whether or not a county policy establishing paid time off violates the cash-basis law will depend upon whether the obligation to pay employees is contingent upon […]

Paul Feleciano, Jr., Chairperson. Attorney General of Kansas — Opinion January 11, 2008. Re: Constitution of the State of Kansas — Executive — Pardons; Repetitive Clemency Applications Criminal Procedure — Release Procedures; Pardons and Commutations; Repetitive Clemency Applications Synopsis: State law does not limit the number of clemency applications that can be submitted to the […]

Barry L. Arbuckle Attorney General of Kansas — Opinion March 17, 1993 Re: Roads and Bridges; Roads — County and Township Roads; General Provisions — Secondary Road System; Classification of Roads in Noncounty Unit Road System Synopsis: Based upon the facts provided, Main street in Valley Center as it proceeds west from Meridian street to […]

David C. Van Parys Attorney General of Kansas — Opinion May 27, 1994 Re: Taxation — Property Valuation, Equalizing Assessments, Appraisers and Assessment of Property; General Provisions — Listing and Appraisal of Escaped Personal Property; Tax Amnesty Program; 1994 Senate Bill No. 542 Synopsis: 1994 senate bill no. 542 does not prohibit collection of delinquent […]

The Honorable Eugene Shore Attorney General of Kansas — Opinion October 11, 1994 Re: Public Health — Secretary of Health and Environment, Activities; Water Supply and Sewage — Prevention of Water Pollution; Standards; Permits; Exemptions; Orders; Hearings; Appeals; Fees; Right of Ingress and Egress; Confined Feeding Facilities; Separation Requirements Synopsis: An existing facility pursuant to […]

Eric W. Marshall Attorney General of Kansas — Opinion September 11, 1996 Re: Counties and County Officers — Hospitals and Related Facilities — County Hospitals, Procedures to Establish; Hospital Board; Procedure to Elect or Appoint Members Synopsis: Determination of the procedure for election of members of the Kiowa county memorial hospital board, achieved through the […]

Joel D. McMullen Attorney General of Kansas — Opinion March 31, 1997 Re: Counties and County Officers — County Commissioners — Awarding of Certain Contracts; Public Lettings; Notice of Letting Contracts; Bids Procedure, Civil — Liens for Labor and Material — Public Works Bond Townships and Township Officers — Hospitals and Health Care Facilities; Hospitals […]

Porter K. Brown, City Attorney Attorney General of Kansas — Opinion January 29, 1997 Re: Personal and Real Property — Public Buildings; Accessibility Standards For Public Buildings — Accessibility Standards for Public Buildings or Facilities; Religious Facilities Synopsis: The Kansas Legislature has, through language set forth in K.S.A. 58-1301, exempted places of worship from application […]

Mary F. Carson Attorney General of Kansas — Opinion February 23, 2000 Re: Cities and Municipalities — General Improvement and Assessment Law — Procedures for Certain Improvements and for Financing Cost; Assessment Plan; Classifications, Formulae and Methods of Assessments Synopsis: Land that is situated similarly to land included in an improvement district must be considered […]

Bob McDaneld, Administrator Attorney General of Kansas — Opinion November 10, 1994 Re: Crimes and Punishments; Kansas Criminal Code; Prohibited Conduct — Crimes Affecting Governmental Functions — Obstructing Legal Process or Official Duty; Refusal of Emergency Medical Technicians to Draw Blood at the Request of a Law Enforcement Officer Synopsis: Whether refusal of an emergency […]

Larry Welch, Director Attorney General of Kansas — Opinion July 14, 2003 Re: Crimes and Punishments; Kansas Criminal Code; Classification of Crimes and Sentencing — Sentencing — Expungement of Certain Convictions, Arrest Records and Diversion Agreements Criminal Procedure; Kansas Code of Criminal Procedure — Offender Registration — Relief from Registration Requirement; Offenders from Other States […]

John D. LaFaver, Secretary Attorney General of Kansas — Opinion May 27, 1997 Re: Legislature — Legislative Post Audit — Access to Records of State Agencies and Certain Persons; Duty of Confidentiality Taxation — Income Tax; Administration — Tax Information; Limits on Dissemination and Use; Disclosure to Legislative Post Audit Synopsis: K.S.A. 1996 Supp. 79-3234 […]

The Honorable Becky Hutchins Attorney General of Kansas — Opinion October 21, 1999 Re: State Boards, Commissions and Authorities — Kansas Highway Patrol — Authority of Tribal Police Synopsis: Tribal police have no authority to enforce tribal traffic ordinances that are civil in nature against non-tribal members on the portion of U.S. Highway 75 which […]

The Honorable Don Myers Attorney General of Kansas — Opinion March 31, 1998 Re: Constitution of the State of Kansas — Finance and Taxation — Internal Improvements; 1998 House Bill 2619; Issuance of Transition Bonds to Recover Competitive Transition Costs Synopsis: 1998 House Bill No. 2619 does not violate Article 11, Section 9, of the […]

The Honorable Marti Crow Attorney General of Kansas — Opinion October 8, 1997 Re: Schools — School Attendance, Curriculum and Accreditation — Age of Eligibility For School Attendance; Accredited Private, Denominational or Parochial School Synopsis: Whether a child who has completed kindergarten in another state in a school accredited by an entity other than the […]

Doug Gatewood Attorney General of Kansas — Opinion March 13, 2007. Re: Schools — Special Provisions Relating to Assessed Valuation and Taxation for School District Purposes-Racetrack Gaming Facilities or Lottery Gaming Facilities in Cherokee County Synopsis: Enactment of a Kansas expanded lottery act in any year would serve as the initial trigger for applicability of […]

The Honorable Don Rezac Attorney General of Kansas — Opinion July 26, 1993 Re: Livestock and Domestic Animals — Stock Running at Large — Unlawful for Certain Animals to Run at Large; Domestic Animals; Livestock; Peacocks Synopsis: Peacocks may be considered either domestic or wild animals for purposes of K.S.A. 47-122, depending on the circumstances, […]

Robert W. Fairchild Attorney General of Kansas — Opinion October 14, 1994 Re: State Departments; Public Officers and Employees — Kansas Tort Claims Act — Claims for Damages Against Health Care Providers; Local Health Department Synopsis: Employees of the Lawrence-Douglas county health department are covered by the tort claims fund. Cited herein: K.S.A. 65-241; K.S.A. […]

Mr. Steven W. Hirsch Attorney General of Kansas — Opinion June 1, 1993 Re: Elections — Registration of Voters — Registration of Voters; Removal of Names of Voters From Registration Lists; Basis for Removal of Names; Conviction for Felony Constitution of the State of Kansas — Suffrage — Disqualification to Vote; Removal of Names of […]

Joan Wagnon, Secretary Attorney General of Kansas — Opinion November 6, 2003 Re: Intoxicating Liquors and Beverages — Licensure and Regulation of Sale of Liquor by the Drink — Revocation or Suspension of License; Grounds for Disciplinary Action for Any Crime Involving a “Morals Charge”; Necessity of Indictment, Information or Complaint Synopsis: In accordance with […]

Mr. Ted D. Ayres Attorney General of Kansas — Opinion February 22, 1996 Re: Constitution of the State of Kansas — Finance and Taxation — State Tax Levies for Buildings; Bonds and Warrants Synopsis: The plan of finance proposed in 1996 senate bill no. 552 in conjunction with K.S.A. 76-6b01 and 76-6b02 would not create […]

The Honorable Jerry Moran Attorney General of Kansas — Opinion August 10, 1994 Re: Taxation — Collection and Cancellation of Taxes — Protesting Payment of Taxes; Proceedings for Recovery of Protested Taxes, Limitations; 1994 Amendment Limiting Ability to Protest if Valuation Appeal Pursued; Retroactive Affect Synopsis: New subsection (b) of K.S.A. 79-2005 as amended by […]

Mr. Steve Geddes, C.L.T. Attorney General of Kansas — Opinion June 1, 1993 Re: State Departments; Public Officers and Employees — Public Officers and Employees; Open Public Meetings — Bodies Subject Thereto; Parental Boards to Valley Center Recreation Commission Synopsis: The parental boards which administer the programs of youth baseball and softball, youth soccer and […]

The Honorable Michael R. O’Neal Attorney General of Kansas — Opinion February 1, 2002 Re: Constitution of the State of Kansas — Apportionment of the Legislature — Reapportionment of Senatorial and Representative Districts; Election; Vacancy in the Office of State Senator Synopsis: The reapportioned senatorial districts set forth in the reapportionment plan adopted in 2002 […]

The Honorable Gary Haulmark Attorney General of Kansas — Opinion July 20, 1994 Re: Intoxicating Liquors and Beverages — Licensing and Related Provisions; City Option — Qualifications for Licensure; Kansas Limited Liability Companies Synopsis: Kansas limited liability companies may be licensed for the retail sale of intoxicating liquors under the Kansas liquor control act, K.S.A. […]

Terry D. Hamblin Attorney General of Kansas — Opinion August 7, 1996 Re: State Boards, Commissions and Authorities — Parimutuel Racing — Prohibited Acts; Conflicts of Interest; Racing Commission Employees Ability to Participate in Indian Gaming Activities Synopsis: Non-state gaming agency employees of the Kansas racing commission are not prohibited from participation in Indian gaming […]

Mr. John Wheeler Attorney General of Kansas — Opinion August 30, 1994 Re: Counties and County Officers — Mental Health Centers and Services — Community Mental Health Centers and Community Facilities for the Mentally Retarded; Application of KORA and KOMA to Facility Under Contract with County Public Records, Documents and Information — Records Open to […]

Duane Johnson Attorney General of Kansas — Opinion September 14, 1993 Re: State Departments; Public Officers and Employees — State Library and Library Services — Regional Systems of Cooperating Libraries; Exclusion from a Regional System; Authority of State Library Advisory Commission to Define Term “Regularly Levies” Synopsis: The provisions of K.A.R. 54-1-17 requiring a local […]

The Honorable Mike Petersen Attorney General of Kansas — Opinion April 30, 2009 Re: Counties and County Officers — County Commissioners — Awarding of Certain Contracts; Public Lettings; County Alternative Project Delivery Building Construction Procurement; Definitions; Building Construction Synopsis: K.S.A. 2008 Supp. 19-214 which requires public bidding for contracts for the construction of designated county […]

Allyson Christman Attorney General of Kansas — Opinion February 27, 2003 Re: Automobiles and Other Vehicles — Uniform Act Regulating Traffic; Equipment of Vehicle Lamps and Other Lighting Equipment — Lights and Signals; Restrictions; Exceptions for Certain Vehicles Including School, Church and Day Care Buses; “Ground Effect” or “Auto Neon” Lights Synopsis: It is our […]

Stan Morgan Attorney General of Kansas — Opinion August 31, 1999 Re: Elections — Recall of Elected Officials — Recall of Local Officers; Petition; Number of Signatures Synopsis: By referring to “such office” in K.S.A. 25-4325, the Legislature intended that the number of signatures required on a petition seeking the recall of a local elected […]

Jim Hays, Superintendent Attorney General of Kansas — Opinion February 17, 2004 Re: State Departments; Public Officers and Employees — Kansas Tort Claims Act — Liability of Governmental Entities for Damages Caused by Employee Acts or Omissions, When; Exceptions from Liability Synopsis: Under the circumstances presented, a physician’s assistant hired by and working for the […]

The Honorable Derek Schmidt. Attorney General of Kansas — Opinion June 20, 2007. Re: State Institutions and Agencies; Historical Property — University of Kansas Hospital Authority; Creation; Board of Directors; Membership; Nomination and Appointment Process; Board Resignations Synopsis: Submitting multiple slates of nominees to the Governor to fill multiple vacancies on the Board of Directors […]

Steven W. Hirsch Attorney General of Kansas — Opinion December 13, 1993 Re: State Boards, Commissions and Authorities — State Board of Technical Professions — Act Not Applicable to Certain Practices and Persons; County Employees Synopsis: County officers and employees are not exempt from the provisions of K.S.A. 74-7001 et seq. The technical professions act […]

The Honorable Tim Shallenburger Attorney General of Kansas — Opinion August 15, 1995 Re: Public Health — Solid and Hazardous Waste; Solid Waste — Assessment and Collection of Fees; Authority of County or Regional Solid Waste Management Entity to Assess and Expend Landfill Tipping Fees Synopsis: Counties are authorized by statute to impose landfill tipping […]

The Honorable Tom Sawyer Attorney General of Kansas — Opinion November 17, 1994 Re: Schools — Organization, Powers and Finances of Boards of Education — Disposition of Unneeded Property; Effect on Private Business Synopsis: A board of education may enter into an agreement with a private business, the terms of which would require sale to […]

The Honorable Gary Haulmark Attorney General of Kansas — Opinion July 12, 1994 Re: Intoxicating Liquors and Beverages — Licensing and Related Provisions; City Option — Qualifications for Licensure; Retailer’s License Spousal Qualifications; Beneficial Interest in Another Retail Establishment Synopsis: The Kansas liquor control act prohibits the granting of a retail license to an individual […]

The Honorable Robert Grant Attorney General of Kansas — Opinion November 2, 1993 Re: Intoxicating Liquors and Beverages — Cereal Malt Beverages — Local Regulations Synopsis: A resolution passed by the board of Crawford county commissioners prohibiting persons under the age of twenty-one from entering into establishments which sell intoxicating beverages is a valid exercise […]

J. Richard Lake Attorney General of Kansas — Opinion January 23, 1995 Re: Counties and County Officers — County Commissioners — Sale of County Property; Property Belonging to a County Law Enforcement Department Synopsis: The sheriff’s mere use of real property purchased with county general fund money does not qualify the land as “property belonging […]

The Honorable Doug Mays Attorney General of Kansas — Opinion March 30, 2005 Re: Public Health — Regulation of Pharmacists — Practice of Pharmacy; Legality of State of Kansas’ Involvement in I-SaveRx Program That Directs American Consumers to Pharmacies in Canada and Other Countries Synopsis: The State of Kansas’ promotion of the importation of pharmaceutical […]

Betty A. Bomar, Director Attorney General of Kansas — Opinion February 9, 1993 Re: State Boards, Commissions and Authorities — Crime Victims Compensation Board — Claims for Compensation; Application; Conditions; Time Synopsis: Pursuant to subsection (b) of K.S.A. 74-7305, compensation may not be awarded unless the claim has been filed with the crime victims compensation […]

Glenn I. Kerbs Attorney General of Kansas — Opinion January 29, 2007. Re: Cities and Municipalities — General Provisions — Countywide and City Retailers’ Sales Taxes — Procedure for Implementation; Purpose of Sales Tax; Modifying Purpose of Sales Tax Synopsis: There is no statutory mechanism whereby the electorate or a local governing body can modify […]

Don Jarrett, Chief Counsel Attorney General of Kansas — Opinion February 25, 1997 Re: Elections — City Elections — Nonpartisan Elections; Exceptions For Certain Cities; Partisan Candidate; Independent Candidate; Name Appearing Twice on Ballot Synopsis: K.S.A. 25-306 is applicable to the partisan election of members of the city council for the City of Overland Park. […]

Charles L. Wheelen, Executive Director. Attorney General of Kansas — Opinion July 29, 2009. Re: State Departments; Public Officers and Employees — Department of Administration — Application of Allotment System; Application to Statutory Transfers of Funds to Health Care Stabilization Fund Synopsis: The allotment authority delegated to the Secretary of Administration in K.S.A. 75-3722 authorizes […]

Michael R. O’Neal Attorney General of Kansas — Opinion October 12, 2006. Re: Cities and Municipalities — Miscellaneous Provisions — Employee Benefits Contribution Fund in Certain Taxing Subdivisions; Tax Levy; Use of Proceeds; Funding for Employee Benefits Contribution Fund for Library Employees Synopsis: A taxing subdivision that has created an employee benefits contribution fund for […]

Stephen R. Tatum Attorney General of Kansas — Opinion September 18, 2008. Re: Crimes and Punishments — Sentencing; Authorized Dispositions; Crimes Committed on or after July 1, 1993; Calculating an Inmate’s Sentence for Misdemeanor Crimes and Punishments — Sentencing; Multiple Sentences; Consecutive Sentences Crimes and Punishments — Sentencing; Deduction of Time Spent in Confinement; Consecutive […]

Sandra L. Jacquot, County Counselor Attorney General of Kansas — Opinion March 5, 1996 Re: Taxation — Property Valuation, Equalizing Assessments, Appraisers and Assessment of Property — Investigation of Property When No Statement Filed; County’s Subpoena Power Synopsis: K.S.A. 79-1461 provides authority for a county appraiser to seek issuance of a subpoena for records when […]

Gerald L. Cooley Attorney General of Kansas — Opinion September 12, 1994 Re: Cities and Municipalities — City-Manager Plan; General Provisions — Cities of the First Class; Board of Commissioners; Initiative and Referendum Ordinance; Term Limitations Synopsis: The petition submitted to the city of Lawrence and setting forth a proposed ordinance establishing term limitations does […]

The Honorable Ben Vidricksen Attorney General of Kansas — Opinion April 23, 1996 Re: Taxation — Bingo — Definitions; Instant Bingo Dispensing Machines Synopsis: Instant bingo pull tab dispenser machines, as described herein, are not prohibited by the provisions of the bingo law if used in accordance with the bingo act and any properly adopted […]

Major General (KS) Lee Tafanelli Attorney General of Kansas — Opinion September 16, 2011. Re: State Departments: Public Officers and Employees — Kansas Tort Claims Act-Liability of Governmental Entities for Damages Caused by Employee Acts; Defense of Governmental Entity or Employee; Governmental Employees Assigned to Represent the Governmental Entity on the Homeland Security Council Synopsis: […]

Joseph W. Zima Attorney General of Kansas — Opinion March 15, 1993 Re: Schools — Organization, Powers and Finances of Boards of Education — Boards of Education; General Powers; Question Submitted Election; Campaigns Synopsis: A unified school district is under an obligation to educate the electorate regarding issues pertaining to schools which are to be […]

Mr. Edward C. Redmon Attorney General of Kansas — Opinion February 21, 1994 Re: Cities and Municipalities — Code for Municipal Courts; General Provisions — Prosecution and Arrest Constitution of the State of Kansas — Corporations — Cities’ Powers of Home Rule Synopsis: A municipality, by valid charter ordinance, may grant a fire chief and […]

Keith D. Hoffman Attorney General of Kansas — Opinion March 3, 1995 RE: Counties and County Officers — General Provisions — Home Rule Powers; Charter Resolutions; Severance Tax Synopsis: It is our opinion that county home rule authority may be utilized to impose a severance tax on rock removed from land located in a county. […]

The Honorable Arlen Siegfreid Attorney General of Kansas — Opinion May 31, 2005 Re: Cities and Municipalities — General Provisions — Countywide and City Retailers’ Sales Tax; Situs of Taxable Transaction — Destination Sourcing Statute; Ability of City to Charter Out of Destination Sourcing Statute Taxation — Kansas Retailers’ Sales Tax — Streamlined Sales and […]

Fred W. Rausch, Jr. Attorney General of Kansas — Opinion February 26, 1993 Re: Constitution of the State of Kansas — Judicial — Judicial Power; Seals; Rules; Unauthorized Practice of Law Schools — Organization, Powers and Finances of Boards of Education — Boards of Education; General Powers; Legal Services Synopsis: Judging from the facts provided, […]

The Honorable Jeff Peterson Attorney General of Kansas — Opinion March 26, 2002 Re: Constitution of the State of Kansas — Judicial — Judicial Power; Authority to Assess an Emergency Surcharge Synopsis: The Kansas Supreme Court has inherent authority to take action necessary to insure that it is adequately funded to carry out its judicial […]

Gary A. Anderson Attorney General of Kansas — Opinion August 17, 2006. Re: Cities and Municipalities — Buildings, Structures and Grounds — Transportation Development District Act; Sales Tax; Director of Taxation, Duties; Fund of the District; When Collection Commences; Bonds Synopsis: The Transportation Development District Act does not require that a transportation development district sales […]

Robert Claus Attorney General of Kansas — Opinion April 20, 1998 Re: State Departments; Public Officers and Employees — Public Officers and Employees; Open Public Meetings — Meeting Defined; “Calling Trees” Synopsis: A series of meetings, each of which involves less than a majority of a quorum of a public body, but collectively totaling a […]

Phillip C. Lacey Attorney General of Kansas — Opinion February 9, 1998 Re: Personal and Real Property — Recreational Trails — Duties of Responsible Party Synopsis: K.S.A. 1997 Supp. 58-3212 imposes requirements on the responsible party of a recreational trail which is created pursuant to subsection (d) of 16 U.S.C. § 1247 (1983). For purposes […]

The Honorable Terry L. Bullock Attorney General of Kansas — Opinion April 5, 1999 Re: State Departments; Public Officers and Employees — Kansas Tort Claims Act — Liability of Governmental Entities for Employee Acts; Court Services Officers’ Use of Private Motor Vehicles Within Scope of Employment Synopsis: Depending on the circumstances and availability of exceptions […]

David C. Van Parys Attorney General of Kansas — Opinion August 30, 1995 Re: Taxation — Property Valuation, Equalizing Assessments, Appraisers and Assessment of Property; General Provisions — Listing and Appraisal of Escaped Personal Property; 1995 House Bill No. 2113; Retroactivity Synopsis: Any penalty assessed on escaped personal property discovered and placed on the tax […]

The Honorable Ron Thornburgh Attorney General of Kansas — Opinion December 22, 1995 Re: Uniform Commercial Code — Secured Transactions; Sales of Accounts, Contract Rights and Chattel Paper; Filing — Formal Requisites of Financing Statement; Social Security or Federal Employer Identification Number Synopsis: The filing officer should, upon receipt of a financing statement which fails […]

Gregory P. Goheen, Legal Counsel Attorney General of Kansas — Opinion November 20, 2003 Re: Schools — Teachers’ Certificates — Cancellation of Teachers’ Certificates; Grounds; Restrictions on Issuance and Renewal of Certificates; Reports Required; Obligation of Local Board of Education Synopsis: K.S.A. 72-1383, K.S.A. 72-1397 and K.A.R. 91-22-1a establish the grounds and circumstances under which […]

Stephen L. Martino Attorney General of Kansas — Opinion June 30, 2008. Re: State Boards, Commissions and Authorities — State Lottery — Kansas Lottery Act; Lottery Gaming Facilities; Gaming Facility Management Contract Requirements; Minimum Investment in Infrastructure Synopsis: The Kansas Expanded Lottery Act (KELA) does not prohibit phasing-in the minimum amount of investment in infrastructure […]

The Honorable Ralph M. Tanner Attorney General of Kansas — Opinion March 27, 2002 Re: Schools — Miscellaneous Provisions — Employment of Lobbyists; Definitions; Compensation; Dues; Political Action Committee Synopsis: Monies held in the general fund of a unified school district may be expended for payment of any expenses incurred in connection with the school […]

The Honorable Herman Dillon Attorney General of Kansas — Opinion November 17, 1993 Re: Taxation — Judicial Foreclosure and Sale of Real Estate by County — County Sale for Affordable Low Income Housing; Abatement of Taxes; Constitutionality of K.S.A. 1992 Supp. 79-2811 Synopsis: The sale of real estate subject to foreclosure for unpaid delinquent property […]

Jamie Clover Adams Attorney General of Kansas — Opinion February 22, 2000 Re: State Departments; Public Officers and Employees — Kansas Tort Claims Act — Definitions; Governmental Entity; Kansas Dairy Commission Livestock and Domestic Animals — Kansas Dairy Commission — Kansas Dairy Commission; Powers and Duties; Whether Governmental Entity Under Kansas Tort Claims Act Synopsis: […]

Ed Van Petten, Executive Director Attorney General of Kansas — Opinion July 16, 2007. Re: State Boards, Commissions and Authorities — State Lottery — Kansas Lottery Act; Kansas Expanded Lottery Act; Management Contracts; Experience Requirement for Lottery Gaming Facility Managers State Boards, Commissions and Authorities — State Lottery — Kansas Lottery Act; Kansas Expanded Lottery […]

Gary H. Hanson, Counsel Attorney General of Kansas — Opinion February 6, 2001 Re: Water and Watercourses — Water Districts; Rural Water Districts — Rural Water Districts; Board of Directors; Elections; Mail Ballot Synopsis: Members of a board of directors of a rural water district may be elected only at an annual meeting of landowners […]

Clyde D. Graeber, Secretary Attorney General of Kansas — Opinion June 12, 2000 Re: Corporations — Cities’ Powers of Home Rule — Establishment of Municipal Water Utility System; Mandatory Connection to Water Utility System; Lien for Unpaid Charges Synopsis: The City of Colwich is authorized to establish a municipal water utility system and impose fees […]

The Honorable Vince Wetta Attorney General of Kansas — Opinion April 30, 2009 Re: State Boards, Commission and Authorities — State Lottery — Lottery Gaming Facility Review Board; Appointments by Governor and Speaker of the House of Representatives Synopsis: Members of the Lottery Gaming Facility Review Board serve at the pleasure of the appointing authority […]

The Honorable Jean Schodorf Attorney General of Kansas — Opinion July 24, 2002 Re: Intoxicating Liquors and Beverages — Licensing and Related Provisions; City Option — Retailer’s License; Rights of Licensee; Prohibition on Sale of Services or Products Other Than Alcoholic Liquor; Exceptions Synopsis: K.S.A. 41-308(b) prohibits liquor retailers from offering or allowing another to […]

The Honorable Henry M. Helgerson, Jr. Attorney General of Kansas — Opinion December 3, 1996 Re: Automobiles and Other Vehicles — General Provisions; Registration of Vehicles — Collection of Fees; Additional Fee for Priority Processing of Application for Certificate of Title Synopsis: County treasurers are not authorized to assess fees in excess of those prescribed […]

Dr. Ramon Powers Attorney General of Kansas — Opinion August 30, 1995 Re: State Departments; Public Officers and Employees — State Historical Society; Unmarked Burial Sites Preservation Board — Definition of “Unmarked Burial Site” Synopsis: Burial sites in cemeteries otherwise protected by Kansas statutes are not within the definition of the term “unmarked burial site” […]

The Honorable Rochelle Chronister Attorney General of Kansas — Opinion March 8, 1994 Re: Cities and Municipalities — Retirement Systems; Group Health Care Benefits for Retirants — Group Health Care Benefits Plan; Availability for Retirants; Definitions; Employee; Elected Official Synopsis: In enacting K.S.A. 12-5040, it was the intent of the legislature to obligate each local […]

Mr. Meredith Williams Attorney General of Kansas — Opinion January 19, 1993 Re: Courts — Retirement System for Justices and Judges — Retirement Annuity; Computation Synopsis: The modifications set forth in L. 1975, ch. 190, sec. 9 and L. 1987, ch. 299, sec. 5 to the retirement benefits of judges are permissible. The retirement benefits […]

Dennis D. Prater Attorney General of Kansas — Opinion October 14, 1993 Re: Legislature — State Governmental Ethics — “State Officer or Employee” Defined; Kansas Turnpike Authority Board Members State Departments; Public Officers and Employees — Civil Service — Classified and Unclassified Services; Kansas Turnpike Authority Board Members Synopsis: Members of the board of the […]

Tracy T. Diel, Executive Director Attorney General of Kansas — Opinion March 17, 1997 Re: Intoxicating Liquors and Beverages — Cereal Malt Beverages — Revocation or Suspension of License; Grounds; Permitting Gambling on the Licensed Premises; Indian Gaming Synopsis: The term “gambling” as used in K.S.A. 1996 Supp. 41-2708(a)(7) refers to illegal gambling, not gaming […]

J. Ronald Vignery Attorney General of Kansas — Opinion June 19, 1995 Re: Elections — School District Elections — Candidate for Election; Member District; Residence Schools — Boards of Education-Change of Method of Election — Member Districts, Numbering; Members, Residence Synopsis: A person elected to be a member of the board of education of a […]

The Honorable Jim D. Garner Attorney General of Kansas — Opinion December 31, 1997 Re: Domestic Relations — Solemnizing Marriage — Persons Authorized to Officiate; Retired Judges Synopsis: An individual who formerly served as a district court judge and was not reelected is not a “retired judge” pursuant to K.S.A. 1996 Supp. 23-104a and, therefore, […]

The Honorable Gary Merritt Attorney General of Kansas — Opinion February 20, 1996 Re: Public Health — Healing Arts — Persons Deemed Engaged in Practice of Medicine and Surgery; Persons Deemed Engaged in Practice of Chiropractic; Scope of Practice and Manual Manipulation Synopsis: The practice of medicine and surgery and the practice of chiropractic are […]