Category: Kansas Attorney General Opinions

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: […]

The Honorable Kenny A. Wilk Attorney General of Kansas — Opinion June 19, 1996 Re: Roads and Bridges; Roads — State Highways — Removal of Poles, Piers, Abatements, Pipelines or Other Fixtures along Highway; Procedure; Advancement of Moneys to Utilities for Removal or Relocation of Utilities, Structures or Facilities; Rural Water Districts’ Water Lines Synopsis: […]

The Honorable Bill Graves Attorney General of Kansas — Opinion June 28, 1993 Re: Drainage and Levees — Watershed Districts; Formation of Watershed Districts — Election on Organization of District; Certification of Results to Secretary of State; Certificate of Incorporation, Issuance and Recordation, When Synopsis: The secretary of state does not possess the authority to […]

Tracy Streeter, Executive Director Attorney General of Kansas — Opinion May 29, 1996 Re: Waters and Watercourses — Multipurpose Small Lakes Program — State Participation in Class III Multipurpose Small Lake Project; General Plan Required; Duties of Water Office; Duties of Sponsor; Costs; Sale of Water Rights Synopsis: The Kansas state conservation commission administers the […]

Kansas Sentencing Commission Attorney General of Kansas — Opinion August 4, 1998 Re: Crimes and Punishments; Kansas Criminal Code; Classification of Crimes and Sentencing — Sentencing Guidelines — Sentencing; Determination of Offender’s Criminal History Classification in Presumptive Sentencing Guidelines Grid for Nondrug Crimes and Drug Crimes; Meaning of Phrase “Occurring Within a Period of Three […]

J. Stanley Hill, Counsel Attorney General of Kansas — Opinion May 6, 1997 Re: Minors — Kansas Code for Care of Children — Evaluation of Development or Needs; Educational; Assessment of Costs Minors — Kansas Juvenile Offenders Code — Evaluation of Development or Needs; Educational; Assessment of Costs Synopsis: Neither a school district nor an […]

The Honorable Don Sallee Attorney General of Kansas — Opinion March 5, 1996 Re: Crimes and Punishments — Trading Stamps — Trading Stamp Act Inapplicable to Certain Coupons and Similar Devices; Coupons Redeemed by Retailer Synopsis: An arrangement whereby two or more retailers offer coupons or cards redeemable for products that are sold by those […]

J. Douglas Miller Attorney General of Kansas — Opinion August 9, 1996 Re: Counties and County Officers — Fire Protection; Districts in Any County — Fire Districts; Establishment of District Board of Trustees; Authority to Elect Trustees Synopsis: No constitutional or statutory authority exists for the election of fire district trustees at a general election. […]

The Honorable Michael J. Malone Attorney General of Kansas — Opinion February 18, 2003 Re: Counties and County Officers — County Attorney — Absence or Disability of County Attorney; Appointment of Attorney or District/County Attorney from Another Judicial District District Officers and Employees — District Attorneys — Absence or Disability of District Attorney; Appointment of […]

Mary McDonald Attorney General of Kansas — Opinion June 19, 1996 Re: State Departments; Public Officers and Employees — Department of Corrections — Community Corrections Act; Powers of Counties or Groups of Counties Under Act; Permissibility of Charging a Fee Synopsis: While the community corrections act is a uniform act applicable to all counties, it […]

Lawrence T. Buening, Jr. Attorney General of Kansas — Opinion July 20, 1994 Re: Public Health — Healing Arts; Kansas Healing Arts Act — Expiration Date of Licenses; Continuing Education Requirements; Evidence Licensee Maintaining Professional Liability Insurance; Notice of Expiration; Fees; Cancellation of License; Reinstatement, When; Exempt Licensees Synopsis: Exempt licensure status under the Kansas […]

Richard A. Boeckman Attorney General of Kansas — Opinion August 7, 1996 Re: Soldiers, Sailors and Patriotic Emblems — Burial — Burial Markers Synopsis: A county is not generally required to provide burial markers for deceased veterans, but is authorized to do so under home rule powers. Cited herein: K.S.A. 19-101a, as amended by L. […]

The Honorable Elizabeth Carleen Attorney General of Kansas — Opinion April 18, 1994 Re: Minors — Kansas Juvenile Offenders Code; General Provisions — Waiver of Right to an Attorney Synopsis: A juvenile may waive the right to counsel provided that it is a knowing and intelligent waiver based upon the totality of circumstances. Cited herein: […]

The Honorable Bill Graves Attorney General of Kansas — Opinion April 30, 1997 Re: State Boards, Commissions and Authorities — State Banking Board — Appointment; Terms; Vacancies; K.S.A. 1996 Supp. 74-3004 Synopsis: K.S.A. 1996 Supp. 74-3004(b) requires that appointees to State Banking Board vacancies fill the unexpired term of the preceding member. The commencement of […]

The Honorable Gerald “Jerry” Karr Attorney General of Kansas — Opinion April 20, 1995 Re: Elections — Election Expense Apportionment — Expenses Subject to Apportionment; Apportionment By County Election Officer; Appeal to State Election Board; Effect of Determination of Appeal; Fire Benefit District Synopsis: Because the Reading fire benefit district is a public special district […]

Duane Johnson Attorney General of Kansas — Opinion June 2, 1999 Re: Taxation — Limitations on Tax Levies — 1999 Senate Bill No. 45; Removal of Fund Levy Limitations; Affect on Taxing Authority of Libraries and Library Systems Taxation — Aggregate Tax Levy Limitations — Expiration; Affect on Taxing Authority of Libraries and Library Systems […]

The Honorable Edward E. Bouker Attorney General of Kansas — Opinion May 8, 2002 Re: Automobiles and Other Vehicles — Driving Under Influence of Alcohol or Drugs; Related Provisions — Alcohol and Drug Safety Action Program; Certification of Programs; Fees; Disposition Synopsis: An administrative judge may certify more than one community-based alcohol and drug safety […]

William F. Caton Attorney General of Kansas — Opinion August 3, 1995 Re: State Boards, Commissions and Authorities — Development Finance Authority — Exemption From Liability of Directors and Officers of Authority; Attorney General Opinion No. 94-140 State Departments, Public Officers and Employees — Kansas Tort Claims Act — Liability of Governmental Entities for Damages […]

Larry Welch, Director Attorney General of Kansas — Opinion December 28, 1994 Re: Procedure, Civil — Rules of Civil Procedure — Subpoenas; For Attendance of a Witness; Contempt Synopsis: If a witness is subpoenaed to appear in two separate courts on the same day and appearance in both courts is thereby made impractical or impossible, […]

The Honorable Dale A. Swenson Attorney General of Kansas — Opinion June 19, 1997 Re: Cities and Municipalities — Buildings, Structures and Grounds; Development and Redevelopment of Areas In and Around Cities — Redevelopment Districts; Establishment, Location Synopsis: The legislative intent and language of the Tax Increment Financing Act do not authorize its use to […]

Delton M. Gilliland Attorney General of Kansas — Opinion January 2, 1997 Re: Cities and Municipalities — Governmental Organization — Consolidation of Fire Districts and Fire Departments Synopsis: K.S.A. 1996 Supp. 12-3910 through 12-3919 provide a mechanism to simplify the consolidation of two or more fire districts or departments. This act does not provide for […]

The Honorable Herman G. Dillon Attorney General of Kansas — Opinion February 10, 1997 Re: Cities and Municipalities — Consolidation of Municipalities — Consolidation of Kansas City, Kansas, and Wyandotte County Synopsis: The report submitted January 13, 1997, by the Wyandotte County/Kansas City Consolidation Study Committee is addressed herein as follows. Absent any limitation in […]

Ted D. Ayres, General Counsel Attorney General of Kansas — Opinion January 12, 1996 Re: Amendments to the Constitution of the United States — Amendment I — Freedom of Religion, Speech and Press — Policies of the Regents Institutions Regulating Racial and Sexual Discrimination and Harassment Synopsis: Government imposed content-based restrictions on speech are generally […]

The Honorable Joann Flower Attorney General of Kansas — Opinion July 17, 1996 Re: Taxation — Property Exempt from Taxation — Property Exempt from Taxation; Hay and Silage, and Farm Storage and Drying Equipment Synopsis: K.S.A. 79-201d allows an eight year property tax exemption for certain farm storage and drying equipment. Once the property has […]

The Honorable John M. Toplikar Attorney General of Kansas — Opinion June 20, 1995 Re: Public Records, Documents and Information — Records Open to the Public — Inspection of Records; Abstracts or Copies of Records; Computerized Records Synopsis: The Kansas open records act (KORA) requires access to all public records, unless they are permissibly or […]

The Honorable Audrey Langworthy Attorney General of Kansas — Opinion February 7, 1994 Re: Crimes and Punishment — Trading Stamps — Trading Stamp Act Inapplicable to Certain Coupons and Similar Devices; Definition of “Packer” Synopsis: An entity that packs goods or merchandise for transportation and sale is a “packer” for purposes of the Kansas trading […]

Larry Welch Attorney General of Kansas — Opinion June 19, 1995 Re: Crimes and Punishments — Identification and Detection of Crimes and Criminals — Collection of Blood and Saliva Specimens from Juveniles; Collection of Fingerprints by Kansas Bureau of Investigation for Purposes of Verifying Identity of Juveniles Required to Submit Specimens Synopsis: Whether adjudicated under […]

Craig D. Cox Attorney General of Kansas — Opinion May 10, 1993 Re: Cities and Municipalities — Emergency Telephone Services — Cellular Telephones; County Home Rule Power Synopsis: A county may, in the exercise of its statutory home rule authority, enact resolutions which address a cellular telephone company’s request to utilize the county’s 911 system. […]

Larry Welch, Director Attorney General of Kansas — Opinion May 21, 1998 Re: State Departments; Public Officers and Employees — Private Investigative or Security Operations — Licensure Required; Law Enforcement Officers Ineligible for License; Community Correctional Officer Synopsis: In limited circumstances a community correctional officer may assert custody over persons who have been convicted of […]

The Honorable Bill Wisdom Attorney General of Kansas — Opinion May 19, 1994 Re: Taxation — Property Valuation, Equalizing Assessments, Appraisers and Assessment of Property; Real Estate Ratio Study — Use of Study as Evidence of Fair Market Value Synopsis: The real estate ratio study provided for by K.S.A. 1993 Supp. 79-1485 et seq. may […]

The Honorable Henry M. Helgerson, Jr. Attorney General of Kansas — Opinion August 9, 1996 Re: Automobiles and Other Vehicles — General Provisions; Regulatory Provisions — Collection of Fees; Compensation of County Treasurers; Service Fee in Addition to Registration Fee; Satellite Facilities. Synopsis: In the absence of statutory authorization, county treasurers may not charge an […]

Dr. Ramon Powers Attorney General of Kansas — Opinion September 2, 1993 Re: State Departments; Public Officers and Employees — State Historical Society — Authority to Limit the Photography of Items, Objects and Images; Ability to Charge or Retain Fee for Commercial Use of Photographs Synopsis: The Kansas state historical society has authority to limit […]

The Honorable David Adkins Attorney General of Kansas — Opinion July 17, 1997 Re: Public Records, Documents and Information — Records Open to Public — Definitions; Public Agency; NCAA as a Public Agency for Purposes of Open Records Act Synopsis: The National Collegiate Athletic Association is not subject to the Kansas Open Records Act because […]

Frank E. Kohl Attorney General of Kansas — Opinion February 7, 1994 Re: Automobiles and Other Vehicles — General Provisions; Registration of Vehicles — Disabled Veterans’ Registration and License Plates; Free; Parking Privileges; Charge for Production of Identification Card Synopsis: County treasurers are not authorized to charge a fee for the production or issuance of […]

Michael Haynes, Executive Director Attorney General of Kansas — Opinion October 7, 1999 Re: State Departments; Public Officers and Employees — Kansas Tort Claims Act — Definitions; Kansas Real Estate Appraisal Board Review Appraisers Synopsis: Appraisers who contract with the Kansas Real Estate Appraisal Board to review appraisal reports in relation to licensure or certification […]

The Honorable John T. “Tom” Thull Attorney General of Kansas — Opinion April 15, 2004 Re: Cities and Municipalities — Miscellaneous Provisions — Investment of Public Moneys by Governmental Subdivisions, Units and Entities; Conditions and Limitations; Investments in Certificates of Deposit through the Certificate of Deposit Account Registry Service (CDARS) Synopsis: K.S.A. 12-1675 (b)(2) allows […]

Jackie Williams Attorney General of Kansas — Opinion December 27, 2010. Re: Counties and County Officers — General Provisions — Charter Resolutions; exemption of County from Acts of Legislature; Procedure; Propriety of County Chartering Out of Motor Vehicle Fuel Tax Apportionment Statute Re: Taxation — Motor Vehicle Fuel Taxes; Motor Vehicle Fuels-and Special Taxes; Apportionment […]

The Honorable Jim Yonally Attorney General of Kansas — Opinion November 20, 2003 Re: Constitution of the State of Kansas — Finance and Taxation — Object of Tax; Schools; Capital Outlay Levy; Transfer to General Fund Schools — Capital Outlay Levy, Fund and Bonds — Capital Outlay Levy, Use of Proceeds; Procedure; Protest; Petition and […]

Ed H. Pavey, Director Attorney General of Kansas — Opinion July 13, 1999 Re: State Boards, Commissions and Authorities — Law Enforcement Training Center; Training Commission — Qualifications of Applicant for Training Course; Requirement; Effect of Juvenile Offender Status Synopsis: An applicant for admission to the Kansas Law Enforcement Training Center may be disqualified if, […]

The Honorable Marvin E. Smith Attorney General of Kansas — Opinion December 28, 1994 Re: Taxation — Aggregate Tax Levy Limitations — Tax Levies Exempt from Aggregate Limitation; Procedure for Exemption from Aggregate Levy Limitation Synopsis: Although the primary intent of the aggregate tax levy limitation, K.S.A. 1993 Supp. 79-5021 et seq., was to prevent […]

Wilson E. Speer, General Counsel Attorney General of Kansas — Opinion May 14, 1996 Re: Counties and County Officers — Water Supply and Distribution Districts; Certain Counties — Public Letting; Surety Bond for Performance of Contract Procedure, Civil — Liens for Labor and Materials — Public Works Bond Synopsis: The public works bond required by […]

John S. Robb Attorney General of Kansas — Opinion April 22, 2008. Re: Schools — School Unification Acts — School District Expenditures Over $20,000; Requirements Relating To Bids and Bidders; Exemptions; Services; Construction Manager At Risk Synopsis: A unified school district is obligated under K.S.A. 2007 Supp. 72-6760 to submit to competitive bidding an agreement […]

The Honorable Stephen Morris Attorney General of Kansas — Opinion March 24, 1995 Re: Waters and Watercourses — Groundwater Management Districts — Board of Directors; Terms of Members; Expenses; Officers; Quorum; Vote for Actions; Filling Vacancies Synopsis: A groundwater management district organized pursuant to K.S.A. 82a-1020 et seq. may group the election of directors in […]

Barry Arbuckle Attorney General of Kansas — Opinion May 15, 1997 Re: Automobiles and Other Vehicles — Uniform Act Regulating Traffic; Parties, Arrests, Citations, Procedures and Penalties — Failure to Comply with Traffic Citation; Misdemeanor; Suspension of Driver’s License; Reinstatement Fee; Amount of Fee Assessed when Charges are in the Alternative Synopsis: The reinstatement fee […]

The Honorable Doug Lawrence Attorney General of Kansas — Opinion April 18, 1994 Re: State Departments; Public Officers and Employees — Public Officers and Employees; Open Public Meetings — Application to William I. Koch Commission on Crime Reduction and Prevention Synopsis: Based on the facts provided, the Koch commission on crime reduction and prevention, established […]

Amy Bertrand, Chief Attorney Attorney General of Kansas — Opinion February 17, 2004 Re: State Departments; Public Officers and Employees — Civil Service — Purpose of Kansas Civil Service Act; Veterans’ Preference Soldiers, Sailors and Patriotic Emblems — Veterans’ Preference; Public Service — Preference in Appointments and Employments Synopsis: K.S.A. 75-2955 would supercede K.S.A. 73-201 […]

The Honorable Peggy Long Attorney General of Kansas — Opinion November 5, 1997 Re: Public Health — Licensure of Entities by State Board of Cosmetology — License Renewal; Continuing Education Requirements Synopsis: Because of a public interest in ensuring that persons licensed by the Board of Cosmetology are cognizant of contemporary developments in their field […]

William E. Kennedy III Attorney General of Kansas — Opinion February 3, 2000 Re: Counties and County Officers — Law Enforcement in Certain Counties-County Law Enforcement Agency; Membership; Appointment Synopsis: The Manhattan City Commission and the Riley County Commission may appoint members of their respective commissions as members of the Riley County Law Enforcement Agency […]

Robert J. Watson Attorney General of Kansas — Opinion October 6, 1995 Re: Elections — City Elections — Nonpartisan Elections; Exceptions For Certain Cities; Affiliated Voter Filing As Independent Candidate Synopsis: To become an independent candidate for city office in a city which conducts its elections on a partisan basis, a person must follow the […]

The Honorable Lana Oleen Attorney General of Kansas — Opinion January 31, 2000 Re: Wildlife, Parks and Recreation — Licenses, Permits, Stamps and Other Issues; Wildlife — Hunter Education; Certificate of Completion Synopsis: The plain and unambiguous meaning of the statutory requirement that an applicant for a hunting license “exhibit proof of completion of such […]

William I. Heydman Attorney General of Kansas — Opinion December 1, 1994 Re: Counties and County Officers — Jails — Closing of Jail; Compensation for Prisoners in Alternate Facilities Synopsis: The city is responsible for jail expenses incurred by prisoners who are arrested for violating city ordinances. The county is responsible for jail expenses incurred […]

The Honorable James E. Lowther Attorney General of Kansas — Opinion August 17, 1994 Re: Public Records, Documents and Information — Records Open to Public — County Appraisers’ Records; Repackaging of Database Synopsis: The county appraiser’s office must provide access to the database maintained in the office, as long as the records requested are open […]

Patricia Michaelis, Director Attorney General of Kansas — Opinion March 2, 1995 Re: State Departments; Public Officers and Employees — Public Records — State Records Board; Appointment of Records Officer by State Agencies Synopsis: The applicable definition of “state agency,” as used in rules and regulations adopted by the state records board pursuant to K.S.A. […]

The Honorable Doug Walker Attorney General of Kansas — Opinion February 7, 1994 Re: State Institutions and Agencies; Historical Property — Historical Property; John Brown Memorial Park; John Brown Cabin; Duty to Operate and Maintain Synopsis: The state can alter the manner in which the John Brown cabin is operated and maintained without breaching the […]

Jim Yonally Attorney General of Kansas — Opinion June 21, 2006. Re: Constitution of the United States — Legislative Powers — Powers of Congress; Power to Regulate Commerce; Whether State Legislation Establishing Residency Requirements for Micro-brewery Licenses Violates the Dormant Commerce Clause Amendments to the Constitution of the United States — Amendment 21-Repeal of Intoxicating […]

The Honorable Betty Jo Charlton Attorney General of Kansas — Opinion January 23, 1995 Re: Public Records, Documents and Information — Records Open to Public — Certain Records Not Required to be Open; Documents Relating to the Costs of Parcels Purchased by KDOT Synopsis: The Kansas department of transportation is required to disclose records regarding […]

Thomas J. Drees Attorney General of Kansas — Opinion May 20, 2002 Re: Automobiles and Other Vehicles — Driving Under Influence of Alcohol or Drugs; Related Provisions — Tests for Alcohol or Drugs; Consent Implied; Authority to Conduct Warrantless Search Subsequent to State v. Murry Synopsis: State v. Murry[1] does not stand for the general […]

Terry J. Solander Attorney General of Kansas — Opinion June 8, 1994 Re: Procedure, Civil — Protection from Abuse Act — Restraining Order Crimes and Punishments — Crimes Against Property — Criminal Trespass Crimes and Punishments — Crimes Against Persons — Assault and Battery Criminal Procedure — Preliminary Proceedings — Domestic Violence Calls; Duty to […]

Robert J. Watson Attorney General of Kansas — Opinion February 9, 1993 Re: Automobiles and Other Vehicles — Uniform Act Regulating Traffic; Rules of the Road — Driving Under the Influence of Alcohol or Drugs; Mandatory Imprisonment; Custody of Law Enforcement Officials Synopsis: To satisfy the mandatory imprisonment requirements imposed by K.S.A. 8-1567, the individual […]

David J. Harding Attorney General of Kansas — Opinion July 16, 2002 Re: Counties and County Officers — General Provisions — Home Rule Powers; Limitations, Restrictions and Prohibitions; Procedure; Designation of Road Classifications and Width Roads and Bridges — General Provisions — Prescribed Width of County Roads Roads and Bridges — County and Township Roads; […]

The Honorable Clay Aurand Attorney General of Kansas — Opinion March 19, 2004 Re: Schools — State Scholarship Program for Students at Institutions of Post Secondary Education — Payment of State Scholarships; Constitutionality of Program State Boards, Commissions and Authorities — Higher Education Coordination; State Board of Regents — Kansas Comprehensive Grant Program; Payment of […]

Porter Brown Attorney General of Kansas — Opinion February 26, 1993 Re: Cities and Municipalities — City-Manager Plan; General Provisions — Commission Government, Qualification of Commissioners Synopsis: A city of the first class utilizing a commission-manager form of government can use its home rule power to enact an ordinance establishing term limitations for its commissioners. […]

The Honorable Tim Shallenburger Attorney General of Kansas — Opinion November 4, 1993 Re: State Institutions and Agencies; Historical Property — State Educational Institutions; Management and Operation — Fixing Tuition, Fees and Charges; Student-Activity Fees, Required Used; Constitutionality of Using Mandatory Fees to Fund Political Organizations Synopsis: A state university’s mission is to provide broad-based […]

The Honorable Jim D. Garner Attorney General of Kansas — Opinion September 26, 1994 Re: Crimes and Punishments; Kansas Criminal Code; Prohibited Conduct — Crimes Against the Public Safety; Weapons Control — Criminal Use of Weapons Synopsis: Purchase, sale and possession of tear gas or pepper mace devices for purposes of self-defense under K.S.A. 21-3211 […]

Robert W. Fairchild Attorney General of Kansas — Opinion March 29, 1993 Re: Taxation — Mortgage Registration and Intangibles — Mortgage Registration; Fee; Future Advances Clause Synopsis: A mortgage containing a future advance clause secures initial and future advances up to the maximum amount stated in the mortgage as being secured. Thus, mortgage registration fees […]

Charles E. Simmons, Secretary Attorney General of Kansas — Opinion July 17, 1996 Re: Crimes and Punishments; Kansas Criminal Code; Classification of Crimes and Sentencing — Sentencing Guidelines — Battery; Domestic Battery; Place of Imprisonment; Determinate Sentence; Good Time Credits Synopsis: A third or subsequent domestic battery conviction is a “non grid” felony punishable by […]

The Honorable David Haley Attorney General of Kansas — Opinion March 28, 2003 Re: Elections — Election Campaign Finance; General — Failure to File Certain Reports; Civil Penalties; Violations of Campaign Finance Act; Civil Fine Synopsis: Administrative agencies, such as the Governmental Ethics Commission, may be legally authorized to impose civil fines by two separate […]

A. J. Kotich, General Counsel Attorney General of Kansas — Opinion January 15, 2004 Re: Labor and Industries — Workers Compensation — Records Open to Public Inspection; Exceptions Public Records, Documents and Information — Records Open to Public — Certain Records Not Required to Be Open Synopsis: It is our opinion that K.S.A. 2002 Supp. […]

Stephen L. Martino Attorney General of Kansas — Opinion December 14, 2006 Re: State Boards, Commissions and Authorities — Parimutuel Racing — Breakage; Application of K.A.R. 112-13-2 Synopsis: Funds collected pursuant to K.S.A. 2005 Supp. 74-8821 may only be distributed in accordance with the terms set forth in that statute. K.S.A. 2005 Supp. 74-8821(c)(1) and […]

Sandra L. Jacquot Attorney General of Kansas — Opinion July 15, 1999 Re: Cities of the First Class — Municipal Universities — Tax Levies; Affect of 1999 House Bill No. 2565 on Washburn University’s Ability to Receive Motor Vehicle Tax Distributions Synopsis: Section 6 of 1999 House Bill No. 2565 does not preclude Washburn University […]

Louis A. Podrebarac Attorney General of Kansas — Opinion January 6, 1995 Re: Townships and Township Officers — Hospitals and Health Care Facilities; Hospitals — Selection of Hospital Board Members Synopsis: K.S.A. 80-2508(b) does not permit changing the method of selection of hospital district board members to reduce the terms of office from four years […]

William E. Kennedy III Attorney General of Kansas — Opinion September 9, 1994 Re: Elections — Sufficiency of Petitions — Petition Documents; Contents; Form of Question Synopsis: The question set forth in a petition seeking to bring an issue before the electorate must be in the form of a question as it should appear upon […]

Mary Ann Gabel Attorney General of Kansas — Opinion April 8, 1994 Re: State Boards, Commissions and Authorities — Regulation of Psychologists — Violations; Representing Oneself as a Psychologist Without A License Synopsis: A person not licensed as a psychologist does not violate the prohibition against representing oneself as a psychologist merely by virtue of […]

Philip E. Winter Attorney General of Kansas — Opinion November 1, 1994 Re: Roads and Bridges; Roads — General Provisions — Petition for Vacating Roads; Vacation in Certain Counties Without Petition Synopsis: The board of county commissioners may vacate county roads without the presentation of a petition in accordance with the provisions in K.S.A. 68-102a. […]

Lynne Oharah Attorney General of Kansas — Opinion September 1, 2006. Re: Cities and Municipalities — Miscellaneous Provisions — Promotion of Tourism and Conventions; Use of Funds for Convention and Tourism Promotion Synopsis: The proceeds of a transient guest tax levied pursuant to K.S.A. 12-1693 or 12-1697 may be used only for “convention and tourism […]

John S. Robb, Legal Counsel Attorney General of Kansas — Opinion April 22, 1997 Re: Schools — Suspension and Expulsion of Pupils — Grounds For Suspension or Expulsion; Who May Suspend or Expel Synopsis: The authority of a unified school district to suspend or expel a child pursuant to K.S.A. 72-8901 et seq. does not […]

John P. Wheeler, Jr. Attorney General of Kansas — Opinion March 21, 2001 Re: Cities and Municipalities — Public Purpose Doctrine — Use of Public Funds to Promote School Bond Issue State Departments; Public Officers and Employees — Public Officers and Employees; Open Public Meetings — Meetings of State and Subdivisions Open to Public; Application […]

The Honorable Ray L. Cox Attorney General of Kansas — Opinion June 29, 1993 Re: Waters and Watercourses — Water Districts; Rural Water Districts — Definitions; Board of Directors; Qualifications; Election; Bylaws; Adoption; Eligible Voter Synopsis: A participating member of a rural water district created pursuant to K.S.A. 82a-612 et seq. is defined as an […]

The Honorable Dave Kerr Attorney General of Kansas — Opinion April 2, 1996 Re: State Departments; Public Officers and Employees — Civil Service — Layoff Benefit Package for Employees of Certain State Hospitals Synopsis: Substitute for senate bill no. 388 which contains provisions for a special layoff benefit package available only to certain state hospital […]

The Honorable Don Sallee, Chairman Attorney General of Kansas — Opinion June 18, 1996 Re: Public Health — Secretary of Health and Environment; Activities; General Powers and Functions — Health Supervision; Rules and Regulations Synopsis: The secretary of health and environment has statutory authority to adopt a regulation which prohibits the keeping of certain mammals […]

Robert J. Watson Attorney General of Kansas — Opinion January 27, 1994 Re: Cities and Municipalities — Code for Municipal Courts; Proceedings After Arrest and Prior to Trial — Municipal Diversion Agreements Public Records, Documents and Information — Records Open to Public — Provisions of Diversion Agreements Synopsis: The Kansas open records act (KORA) declares […]

The Honorable Clyde D. Graeber Attorney General of Kansas — Opinion February 6, 1996 Re: Taxation — Listing Property for Taxation — Personal Property to be Listed and Assessed; Business Machinery, Equipment, Materials and Supplies Synopsis: Machinery, equipment, materials and supplies exempted from taxation pursuant to K.S.A. 1995 Supp. 79-201w are not required to be […]

Melissa D. Thiesing Attorney General of Kansas — Opinion November 13, 2001 Re: Schools-Community Colleges — Capital Outlay — Tax Levy; Authorization; Conditions; Protest; Petition; Contents; Withdrawal of Resolution Synopsis: Provided the rights of any other parties will not be impaired, the board of trustees for a community college may rescind a resolution adopted under […]

The Honorable August Bogina Attorney General of Kansas — Opinion March 15, 1993 Re: Cities and Municipalities — Water Pollution Act — Stormwater Utility Fee Synopsis: The city of Topeka may impose its stormwater drainage fee on the youth center, a state owned and operated facility, because such a fee is not a tax prohibited […]

Gary E. Thompson Attorney General of Kansas — Opinion June 14, 2011. Re: Automobiles and Other Vehicles — Drivers’ Licenses; Uniform Commercial Driver’s License Act — Commercial Driver’s Licenses; Diversion and Plea Agreements Not Allowed; Charging Amendments Synopsis: A person who drives a commercial vehicle, as well as a person who holds a commercial driver’s […]

The Honorable Janice L. Hardenburger Attorney General of Kansas — Opinion February 13, 1995 Re: Public Health — Solid and Hazardous Waste; Solid Waste — Collection and Disposal by County; Assessment and Collection of Fees Synopsis: Pursuant to K.S.A. 65-3410, a county may adopt a resolution establishing mandatory fees to generate revenues for operation of […]

The Honorable Carol Beggs Attorney General of Kansas — Opinion April 25, 1996 Re: Constitution of the State of Kansas — Finance and Taxation — System of Taxation; Classification; Commercial and Industrial Machinery and Equipment; Equipment Defined Taxation — Property Valuation, Equalizing Assessments, Appraisers and Assessment of Property — Appraisal of Real and Tangible Personal […]

Don Jarrett, Chief Counsel Attorney General of Kansas — Opinion September 18, 1996 Re: Elections — Sufficiency of Petitions — Application to Both State and Local Elections; Determination of Sufficiency of Petitions; Question to Be Submitted Filed With County or District Attorney Prior to Circulation; Determination of Legality of Form; Authority of County or District […]

Clancy Holeman Attorney General of Kansas — Opinion January 13, 2009. Re: Taxation — Property Exempt from Taxation — Property Exempt from Ad Valorem Taxation; Property Belonging Exclusively to the United States; Private Housing Project at Fort Riley Federal Jurisdiction — Federal Property; Fort Riley Military Reservation; Taxation of Housing Project on Military Reservation Synopsis: […]

The Honorable Becky Hutchins Attorney General of Kansas — Opinion March 4, 1998 Re: Intoxicating Liquors and Beverages — Licensure and Regulation of Sale of Liquor by the Drink — Class B Club License; Definition of Guest Synopsis: The term “registered guest,” as used in K.S.A. 1997 Supp. 41-2641(d)(1) of the Club and Drinking Establishment […]

The Honorable Alfred Ramirez Attorney General of Kansas — Opinion January 27, 1994 Re: Taxation — Property Valuation, Equalizing Assessments, Appraisers and Assessment of Property — Contracts for Assistance in Collecting Taxes Synopsis: Counties are authorized under K.S.A. 19-425 to hire experts to assist in the proper assessment of personal property. Contracts for such purposes […]

David C. Van Parys Attorney General of Kansas — Opinion December 5, 2011. Re: Cities and Municipalities — Buildings, Structures and Grounds; Neighborhood Revitalization — Neighborhood Revitalization; Designation of Revitalization Area; Neighborhood Revitalization Fund; Authority to Designate Area Previously Included in Sewer District Counties and County Officers — Sewer Districts — Sewer Districts in Any […]

Lawrence M. Wright Attorney General of Kansas — Opinion February 14, 1996 Re: State Departments; Public Officers and Employees — Kansas Tort Claims Act — Definition of Municipality; Application to Cemetery Districts Corporations — Cemetery Corporations — Cemetery Districts; Application of Kansas Tort Claims Act Synopsis: The Richmond-Berea cemetery association is a cemetery district organized […]

Ronald L. Hodgson Attorney General of Kansas — Opinion March 8, 1994 Re: Procedure, Civil — Actions Relating to Commercial Activity; Actions Involving Shoplifting — Civil Penalty Against Shoplifters Synopsis: A civil action filed pursuant to K.S.A. 1993 Supp. 60-3331 does not preclude a criminal prosecution. Cited herein: K.S.A. 1993 Supp. 60-3331. * * * […]

The Honorable Paul Wright Attorney General of Kansas — Opinion November 14, 1996 Re: Cities and Municipalities — Code for Municipal Courts; General Provisions — Jurisdiction of Municipal Court; Cigarette and Tobacco Infractions Synopsis: Municipal courts have jurisdiction over juveniles who are charged with violating cigarette or tobacco infraction ordinances. Cited herein: K.S.A. 12-4113, 12-4209, […]

Robert Watson Attorney General of Kansas — Opinion October 26, 1993 Re: Automobiles and Other Vehicles — Uniform Act Regulating Traffic; Rules of the Road; Serious Traffic Offenses — Driving Under the Influence of Alcohol or Drugs Cities and Municipalities — Code for Municipal Courts; Trials and Proceedings Incident Thereto — Ignition Interlock Device Synopsis: […]

The Honorable Don Sallee Attorney General of Kansas — Opinion May 17, 1993 Re: Constitution of the United States — Amendments to the Constitution of the United States — Freedom of Religion, Speech and Press; Schools; Baccalaureate; Prayer at Graduation Ceremonies Synopsis: Inclusion of a prayer or invocation at school-sponsored graduation ceremonies results in a […]

The Honorable Elaine Wells Attorney General of Kansas — Opinion February 9, 1993 Re: Social and Rehabilitation Services — Adult Care Homes — Preadmission Screening; Prohibition of Adult Care Home Licensees and Proprietary Home Health Agencies From Qualifying as Providers of Assessment and Referral Services Synopsis: K.S.A. 39-966(d), which prohibits adult care home licensees and […]

The Honorable Tim Shallenburger Attorney General of Kansas — Opinion April 18, 1994 Re: Crimes and Punishments — Trading Stamps — Trading Stamp Act Inapplicable to Certain Coupons and Similar Devices; Manufacturers’ Exemption Synopsis: An entity that retains extensive control over another’s manufacture of a product exclusively for that entity is considered a manufacturer for […]

Robert D. Beall Attorney General of Kansas — Opinion September 12, 2001 Re: Counties and County Officers — Jails — County Jails; U.S. Prisoners, City Prisoners and Inmates on Parole or Conditional Release; Compensation for Maintenance Synopsis: In determining the appropriate prisoner per diem that a county may charge for the maintenance of city prisoners, […]