Category: Kansas Attorney General Opinions

J. Carey Brown Attorney General of Kansas — Opinion July 14, 1998 Re: Public Records, Documents and Information — Records Open to Public — Inspection of Records; Certain Records Not Required to be Open; Criminal Investigation Records; Invasion of Personal Privacy; Standard Offense Report and Arrest Report Criminal Procedure — Criminal History Record Information — […]

The Honorable Robert Grant Attorney General of Kansas — Opinion November 9, 1993 Re: Constitution of the State of Kansas — Legislative — Uniform Operation of Laws of a General Nature; Constitutional Amendment to Allow Casinos Only in Locations Where Parimutuel Wagering on Horse and Dog Racing is Authorized Amendments to the Constitution of the […]

Patricia A. Scalia, Executive Director Attorney General of Kansas — Opinion November 12, 2004 Re: Criminal Procedure — Aid to Indigent Defendants — Indigent Defense Services Act; State Board of Indigents’ Defense Services; Powers and Duties; Reimbursement Tables Synopsis: K.S.A. 2003 Supp. 22-4522(e)(5) is a directory, not a mandatory, provision and thus the Board of […]

The Honorable Tom Sawyer Attorney General of Kansas — Opinion August 17, 1993 Re: State Departments; Public Officers and Employees — Public Officers and Employees; Open Public Meetings — House and Senate Conference Committees Synopsis: The Kansas open meetings act applies to legislative conference committee meetings and, when such meetings take place, the appropriate notice […]

The Honorable Alicia L. Salisbury Attorney General of Kansas — Opinion July 16, 1993 Re: Insurance — General Provisions Relative to Casualty, Surety and Fidelity Companies — Discount for Motor Vehicle Insurance, When; Conditions Synopsis: The Kansas highway patrol qualifies as a governmental agency that can serve as an approval authority for motor vehicle accident […]

William R. Mott Attorney General of Kansas — Opinion August 7, 1997 Re: Crimes and Punishments; Kansas Criminal Code; Prohibited Conduct — Crimes Affecting Governmental Functions — Compounding a Crime; Diversion Fees Criminal Procedure; Kansas Code of Criminal Procedure — Procedure After Arrest — Diversion Agreements, Policies, and Guidelines Synopsis: A speeding infraction diversion agreement […]

Gary E. Thompson Attorney General of Kansas — Opinion July 6, 2007. Re: Cities and Municipalities — Planning and Zoning — Planning, Zoning and Subdivision Regulations; Cities and Counties — Same; Zoning; Downzoning or Rezoning, Amendments and Revisions; Procedure; Notice and Hearing; Notification of Property Owners Located Within 1000 Feet of Area Proposed to be […]

The Honorable Chris Steineger Attorney General of Kansas — Opinion March 27, 1997 Re: Cities and Municipalities — Consolidation of Municipalities — Consolidation of Kansas City, Kansas, and Wyandotte County Synopsis: Under the Kansas City, Kansas/Wyandotte County consolidation plan submitted January 13, 1997, the members elected to the Unified Board of Commissioners are considered county […]

Margaret A. Gatewood Attorney General of Kansas — Opinion October 8, 1997 Re: Insurance — Miscellaneous Provisions — Uninsurable Health Insurance Plan; Kansas Health Insurance Association, Membership, Board of Directors; Plan of Operation, Approval of Commissioner; Powers and Duties of Association; Kansas Tort Clams Act Coverage Synopsis: The Kansas Health Insurance Association is a governmental […]

The Honorable Ralph Tanner Attorney General of Kansas — Opinion February 9, 1998 Re: Education; General Provisions Concerning Education — General Requirements and Conditions Concerning Operation and Administration of Education Programs; General Authority of Secretary; Administration; Records; Privacy; Limitation on Withholding Federal Funds; Family Educational and Privacy Rights State Boards, Commissions and Authorities; State Board […]

The Honorable Susan Wagle Attorney General of Kansas — Opinion September 22, 1993 Re: Cities and Municipalities — Public Purpose Doctrine — Use of Public Funds to Hire Consultant to Advise City in Upcoming Sales Tax Election Synopsis: The public purpose doctrine does not encompass the use of public funds to promote or advocate a […]

George Teagarden Attorney General of Kansas — Opinion March 29, 2010. Re: Livestock and Domestic Animals — Pet Animal Act — Rules and Regulations; Adoption of Animal Welfare Act Regulations; Conflict Between Regulation Requiring Electricity in Kennel and Old Order Amish Religious Practice of Rejecting Use of Electricity Synopsis: A regulation requiring animal breeders to […]

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 […]

J. Michael Hayden Attorney General of Kansas — Opinion October 16, 2006. Re: Public Records, Documents and Information — Records Open to Public — Unlawful Use of Names Derived from Public Records; Use by Public Agency Possessing Records Synopsis: K.S.A. 2005 Supp. 45-230 prohibits public agencies, as defined by K.S.A. 2005 Supp. 45-217, from knowingly […]

Phyllis Gilmore Attorney General of Kansas — Opinion July 3, 2001 Re: Minors — Kansas Code for Care of Children — Matters Prior to Filing Petition; Reporting of Certain Abuse of Neglect of Children; Reporting; Persons Reporting; Licensed Social Worker Employed by Law Firm Rules Relating to Discipline of Attorneys — Kansas Rules of Professional […]

H. Scott Beims, Counsel Attorney General of Kansas — Opinion June 1, 2001 Re: Counties and County Officers — Hospital and Related Facilities — County Hospitals, Procedure to Establish; Management of Hospital; Hospital Board; Procedure to Elect or Appoint Members; Failure to Provide Notice of End of Term of Office; Effect Synopsis: A person who […]

Paul J. Morrison Attorney General of Kansas — Opinion September 2, 1993 Re: Criminal Procedure — Procedure After Arrest — Provisions of Diversion Agreement; Contribution to Non-profit Organization Synopsis: There is no statutory prohibition against requiring monetary contributions to charity as a condition of a diversion agreement under K.S.A. 22-2906 et seq. However, we strongly […]

Eric L. Witcher, Counsel Attorney General of Kansas — Opinion February 12, 2009. Re: Taxation — Mortgage Registration and Intangibles — Mortgage Registration; Fee; Exemptions; Assignee of Mortgage from Federally Exempt Lender Synopsis: A nonexempt lender who records a mortgage that was assigned by an exempt lender is not required to pay a mortgage registration […]

Karen L. Griffiths Attorney General of Kansas — Opinion June 9, 2003 Re: Public Health — Solid and Hazardous Wastes — Solid Waste Tonnage Fees Authorized to be Imposed by Counties; Exceptions; Collection and Disposition of Proceeds; County Authority to Require all County Generated Waste to go to the County Owned and Operated Disposal Facility […]

Mr. George Teagarden Attorney General of Kansas — Opinion July 24, 1995 Re: Livestock and Domestic Animals — Public Livestock Markets — Definitions; Public Livestock Market; Ratites and Domesticated Deer; License Requirements Livestock and Domestic Animals — Animal Dealers — Definitions; Pet Shop; Exotic Animals; License Requirements Synopsis: Ratites and domesticated deer, which are statutorily […]

Sarah Bootes Shattuck Attorney General of Kansas — Opinion March 13, 2001 Re: Cities and Municipalities — Miscellaneous Provisions — Securing Industries In or Near Cities; Tax Levy; Use of Proceeds for Nuisance Abatement Synopsis: Industrial development funds cannot be used for general nuisance abatement because nuisance abatement ordinarily does not bear a demonstrable and […]

The Honorable Carlos Mayans Attorney General of Kansas — Opinion October 8, 1997 Re: Public Health — Regulation of Dentists and Dental Hygienists — Dental Services for Dentally Indigent Persons; Entities Authorized to Employ or Contract with Persons Licensed Under Dental Practices Act for Such Services Synopsis: K.S.A. 1996 Supp. 65-1466 authorizes a dentist or […]

Eric B. Smith Attorney General of Kansas — Opinion November 5, 1997 Re: Counties and County Officers — County Homes — Supervision of Operation Counties and County Officers — General Provisions — Home Rule Powers; Limitations, Restrictions and Prohibitions Synopsis: K.S.A. 19-2110 authorizes a board of county commissioners to either appoint a board of trustees […]

Richard H. Rumsey Attorney General of Kansas — Opinion March 17, 1993 Re: Cities and Municipalities — Buildings, Structures and Grounds; Public Buildings — Public Purpose Doctrine Synopsis: A city may expend public funds for the purchase of a building as long as the purchase is for a public purpose. In addition, a city is […]

The Honorable Ben E. Vidricksen Attorney General of Kansas — Opinion July 13, 2000 Re: Elections — Filling Vacancies in Offices and Candidacies — Procedure for Filling Vacancy in State Board of Education; District Convention; Appointment by Governor Synopsis: If a vacancy in member position 6 of the State Board of Education exists, the procedure […]

Clyde D. Graeber, Acting Secretary Attorney General of Kansas — Opinion April 5, 1999 Re: Public Health — Maternity Centers and Child Care Facilities — License or Temporary Permit Required; Licenses; Contents; Limitations; Posting; Inspections; Temporary Permits, Access to Premises; Temporary Licenses; Denial or Revocation of Licenses; Procedure Statutes — Administrative Rules and Regulations and […]

Larry Welch, Director Attorney General of Kansas — Opinion January 28, 2002 Re: Criminal Procedure; Kansas Code of Criminal Procedure — Arrest — Jurisdiction of Certain Law Enforcement Officers Synopsis: K.S.A. 22-2401a authorizes local law enforcement officers to provide law enforcement assistance on federal enclave property when requested to do so by the appropriate federal […]

Larry Froelich, Executive Director Attorney General of Kansas — Opinion November 14, 1996 Re: Public Health — Regulation of Pharmacists — Dispensing and Administering of Drugs by Duly Licensed Practitioners; Nurses and Other Persons Synopsis: A practitioner of medicine and surgery may dispense, i.e. deliver, prescription medication (including schedule IV controlled substance legend drugs) through […]

Craig J. Spomer Attorney General of Kansas — Opinion April 20, 1995 Re: Counties and County Officers — Public Improvements; Improvement and Service Districts; Improvement Districts — Powers and Duties; Authority to Expend Funds for Repair to Dam Located Outside District Boundaries Synopsis: If, in the reasonable exercise of its discretion, the board of the […]

Brent Bengtson, Director Attorney General of Kansas — Opinion January 20, 1994 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; Use for Matching Funds Synopsis: Moneys in local special law enforcement trust funds or the state special asset forfeiture […]

Curtis E. Watkins Attorney General of Kansas — Opinion February 22, 2000 Re: Roads and Bridges — State Highway — Designation of Highways in the State System; Procedure for Removing Synopsis: K.S.A. 1999 Supp. 68-406 authorizes the Secretary of Transportation to make changes to the State highway system when the changes are required for public […]

The Honorable Doug Lawrence Attorney General of Kansas — Opinion August 3, 1994 Re: State Departments; Public Officers and Employees — Public Officers and Employees; Open Public Meetings — Application to the Consensus Estimating Group Synopsis: The consensus estimating group is not a “public body” within the meaning of the KOMA, but an independent group […]

The Honorable Dick Bond Attorney General of Kansas — Opinion April 1, 1996 Re: Corporations — Limited Liability Companies — Powers Synopsis: Licensed medical practitioners and a licensed hospital may organize as a limited liability company pursuant to K.S.A. 17-760l et seq. Consistent with K.S.A. 17-7604 (q) and Kansas case law, the limited liability company […]

James R. Cobler, Director Attorney General of Kansas — Opinion May 27, 1994 Re: Cities and Municipalities — Public Recreation and Playgrounds — Recreation Commission; Annual Budget; Tax Levy Counties and County Officers — General Provisions — Home Rule Powers; Recreation District Synopsis: The board of county commissioners may create a recreation district based on […]

The Honorable Clyde D. Graeber Attorney General of Kansas — Opinion April 13, 1994 Re: Constitution of the State of Kansas — Finance and Taxation — System of Taxation; Classification; Commercial and Industrial Machinery and Equipment No Longer Being Used Synopsis: Unless and until the phrase “as long as such property is being used” is […]

The Honorable David Adkins Attorney General of Kansas — Opinion September 15, 1998 Re: Probate Code — Adoption — Venue; Jurisdiction in Certain Agency Adoptions Where Petitioners and Child are Residents of Kansas Synopsis: A district court may decline jurisdiction in an agency adoption only if three conditions exist: (1) the basis for venue is […]

George Teagarden Attorney General of Kansas — Opinion July 24, 1995 Re: Livestock and Domestic Animals — Protection of Domestic Animals — State Quarantine, Sanitary and Other Regulations; Importation of Brucellosis-Infected Bison into Indian Reservation Synopsis: Because the health requirements established by the Kansas animal health department for importation of buffalo or bison regulate off-reservation […]

The Honorable Jim Morrison Attorney General of Kansas — Opinion September 7, 1999 Re: Waters and Watercourses — Groundwater Management Districts — District Powers; Rules and Regulations Synopsis: Groundwater Management Districts (GMDs) may continue, after March 1, 2000, to adopt local standards and policies as authorized by the Kansas Groundwater Management District Act as long […]

The Honorable Tom Sloan Attorney General of Kansas — Opinion November 14, 1996 Re: Counties and County Officers — Planning and Zoning; Planning and Zoning in Counties — Zoning Regulations Inapplicable to Agricultural Land Taxation — Property Valuation, Equalizing Assessments, Appraisers and Assessment of Property — Method of Establishing Valuation; Definition of “Land Devoted to […]

Charles E. Simmons Attorney General of Kansas — Opinion June 20, 1994 Re: Crimes and Punishments — Sexually Violent Predator Act — Notice to Prosecutor; Disclosure of Documentation of Prisoners’ Medical and Other Treatment to Prosecutor Synopsis: Upon release of certain inmates, the department of corrections must provide all records of a sexually violent predator […]

The Honorable Barbara P. Allen Attorney General of Kansas — Opinion April 25, 2008. Re: Taxation — Property Exempt From Taxation — Newly Constructed Residential Property Which Has Never Been Occupied; 2008 Substitute for House Bill No. 2543 Synopsis: 2008 Substitute for House Bill No. 2543 creates a preferential tax exemption for new home construction […]

The Honorable Jerry Moran Attorney General of Kansas — Opinion March 5, 1996 Re: Taxation — Kansas Retailers’ Sales Tax — Retailers’ Sales Tax Imposed; Sale of Motor Vehicle by an Auctioneer Synopsis: The tax on the sale of a motor vehicle by an auctioneer in the course of the auctioneer’s business should be paid […]

Deborah D. Cox Attorney General of Kansas — Opinion September 17, 1993 Re: State Boards, Commissions and Authorities — Parimutuel Racing — Advertisement or Promotion of Parimutuel Wagering, Minors Synopsis: K.S.A. 74-8839 prohibits licensees of the Kansas racing commission from recruiting persons under the age of 18 for the purpose of appearing, being heard or […]

Allen Shelton Attorney General of Kansas — Opinion May 5, 2009. Re: Roads and Bridges — General Provisions — Laying Out, Altering or Vacating Roads; Standing to Object to Vacation of Road Roads and Bridges — General Provisions — Separate Certificates of Damages Assessed; Appeal from Award; Notice and Hearing; Appeal Synopsis: A board of […]

The Honorable Sue Storm Attorney General of Kansas — Opinion December 10, 1999 Re: State Departments; Public Officers and Employees — Public Officers and Employees; Open Public Meetings — Meetings of State and Subdivisions Open to Public Synopsis: The City of Prairie Village does not currently exercise sufficient control over the Prairie Village Development Corporation […]

The Honorable Sandy Praeger Attorney General of Kansas — Opinion March 3, 1995 Re: Public Health — Regulation of Dentists and Dental Hygienists — Act Inapplicable to Certain Practices, Acts and Operations Synopsis: The dental act is not applicable to unlicensed individuals who, under the supervision and in the office of a licensed dentist, perform […]

The Honorable Fred Gatlin Attorney General of Kansas — Opinion June 1, 1993 Re: Minors — Kansas Juvenile Offenders Code; General Provisions — Confidentiality of Juvenile Records, Disclosure Pursuant to Court Order Synopsis: Pursuant to K.S.A. 1992 Supp. 38-1607(a)(5) and 38-1608(a)(7), a court has the discretion to release the names of juvenile offenders provided that […]

Jeff Barnes, Chair Attorney General of Kansas — Opinion February 11, 2009. Re: Constitution of the State of Kansas — Legislative; Kansas Home Inspectors Professional Competence and Financial Responsibility Act; Registration Requirement of Membership in Nationally Recognized Organization; Unlawful Delegation of Legislative Authority to Private Organization Personal and Real Property — Kansas Home Inspectors Professional […]

Phyllis Gilmore Attorney General of Kansas — Opinion May 23, 2005 Re: Civil Procedure — Divorce and Maintenance — Decree; Authorized Orders; Types of Legal Custodial Arrangements; Joint Legal Custody; Authority to Authorize Therapy for Child Synopsis: Because the law provides joint custodial parents with equal decisional rights regarding their child or children, absent any […]

Jerome A. Gorman, District Attorney Attorney General of Kansas — Opinion November 30, 2007. Re: Counties and County Officers — Sheriff — Charge and Custody of Jail; Duty to Accept Prisoners Counties and County Officers — Jails — County Jails; Duty to Accept Prisoners Synopsis: Pursuant to K.S.A. 19-1930, a county sheriff must accept custody […]

The Honorable Douglas Johnston Attorney General of Kansas — Opinion February 7, 2000 Re: Public Records, Documents and Information — Records Open to Public — Inspection of Records; Certain Records Not Required to be Open; Personnel Records; Records Concerning Department of Revenue Medical Advisory Board Synopsis: The members of the Medical Advisory Board fall within […]

H. Philip Elwood, Counsel Attorney General of Kansas — Opinion September 2, 1999 Re: Townships and Township Officers — Hospitals and Health Care Facilities — Methods to Select Members of Board; Change in Method; Term of Office Synopsis: If a resolution changing the method of selection of members of a board of trustees of a […]

The Honorable Doug Lawrence Attorney General of Kansas — Opinion February 20, 1996 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; Recesses by City Governing Bodies Synopsis: K.S.A. 75-4318 requires that actual notice of regular and […]

Tom Krueger, Counsel Attorney General of Kansas — Opinion March 10, 1999 Re: Schools — Miscellaneous Provisions — Early Retirement Incentive Programs; Establishment Authorized; Purposes Synopsis: In order to ensure that a unified school district remains within the authority conferred under K.S.A. 1998 Supp. 72-5395, it is advisable that the school district have in place […]

The Honorable Carl Dean Holmes Attorney General of Kansas — Opinion April 6, 1999 Re: Constitution of the State of Kansas — Finance and Taxation — System of Taxation; Classification; Definition of Public Utility; Exclusion of Property Used in the Generation, Marketing and Sale of Electricity Taxation — Public Utilities — Definition; Constitutionality of Excluding […]

F. William Cullins Attorney General of Kansas — Opinion February 6, 2001 Re: Elections — Recall of Elected Officials — Recall of Local Officers; Vacancies; Disqualification for Appointment to Governing Body Synopsis: K.S.A. 25-4330 does not preclude a person who was recalled from office from being elected to a position on the same governing body […]

Jack Brier, President Attorney General of Kansas — Opinion March 15, 2001 Re: State Boards, Commissions and Authorities — Development Finance Authority — Bonds for Projects of Statewide as Well as Local Importance; Use of Bond Proceeds; Use of Specified State and Local Tax Revenues to Pay Debt Service on Bonds and Costs of a […]

The Honorable Tom Sloan Attorney General of Kansas — Opinion March 17, 2000 Re: Public Health — Uniform Anatomical Gift Act — Proposed 2000 House Bill No. 2613, Tax Credit for Organ Donation Synopsis: With the exception of reasonable payments for the costs associated with the procurement of the organs, federal law prohibits the transfer […]

Gary E. Rebenstorf Attorney General of Kansas — Opinion August 24, 1994 Re: Elections — Election Crimes — Disorderly Election Conduct; Advisory Election; Assistance of County Election Officer Synopsis: An advisory election may be conducted on the date of a primary or general election, provided the polling places for the advisory election are not within […]

David C. VanParys Attorney General of Kansas — Opinion September 14, 1993 Re: Courts — District Courts — County Commissioners Responsible for Certain Expenses of District Court Operations; Association Membership Dues Synopsis: Association membership dues of district court personnel may be payable by county moneys if such expenses are within the budget as approved by […]

Stan Peterson, Arch., Chairperson Attorney General of Kansas — Opinion February 1, 2002 Re: State Boards, Commissions and Authorities — State Board of Technical Professions — Geologists; Qualifications for Licensure; Title, Use of Synopsis: Use of the title “geologist” signifies a state-sanctioned professional who is licensed to practice geology. It is currently not unlawful for […]

Richard A. Euson Attorney General of Kansas — Opinion July 6, 1998 Re: Cities and Municipalities — Governmental Organization — Consolidation of Operations, Procedures and Functions by a Political and Taxing Subdivision; Elimination of Elected Offices; Consolidation of County Treasurer, County Clerk and Register of Deeds into One Non-Elected Office Counties and County Officers — […]

Gary H. Hanson Attorney General of Kansas — Opinion August 16, 2005 Re: Waters and Watercourses — Clean Drinking Water Fee — Imposition of Clean Drinking Water Fee; Opt Out by Public Water Supply System Synopsis: The clean drinking water fee may not be included as a separate line item on consumers’ water supply system […]

Blaise Plummer Attorney General of Kansas — Opinion February 26, 2002 Re: Public Records, Documents and Information — Records Open to the Public — Municipal Court Records; Expunged Criminal Arrest and Conviction; Release of Records to Criminal Justice Agencies Synopsis: Pursuant to K.S.A. 2001 Supp. 21-3110a, it is our opinion that information contained in expunged […]

J.T. Klaus, Counsel Attorney General of Kansas — Opinion December 10, 2007. Re: Cities and Municipalities — Ordinances of Cities — Initiative and Referendum; Proposed Ordinance Banning Casinos Within City and Prohibiting City Services to Any Casino Synopsis: As the operation of the initiative and referendum process at K.S.A. 12-3013 is restricted to measures which […]

The Honorable Bill Graves Attorney General of Kansas — Opinion September 14, 1993 Re: Contracts and Promises — Funeral and Cemetery Contracts and Plans — Secretary of State to Audit Prearranged Funeral Plans Synopsis: Persons or associations entering into an option agreement are not subject to the filing requirements of K.S.A. 1992 Supp. 16-310 or […]

The Honorable Kenny A. Wilk Attorney General of Kansas — Opinion February 5, 1996 Re: Counties and County Officers — Jails — County Jails; United States Prisoners; Prisoners on Detainer from Other States Criminal Procedure — Kansas Code of Criminal Procedure; Arrest — Fugitives From Justice; Confinement in Jail When Necessary Synopsis: A county sheriff […]

The Honorable Richard D. Reinhardt Attorney General of Kansas — Opinion September 28, 1999 Re: Public Records, Documents and Information — Records Open to Public — Inspection of Records; Certain Records Not Required to be Open; Criminal Investigation Records; Attorney-Client Privilege; Work Product Synopsis: Documents related to an investigation conducted by an attorney for his […]

The Honorable Becky Hutchins Attorney General of Kansas — Opinion November 29, 1999 Re: Public Health — Local Boards of Health; Clinics — County and Multi-County Units; Joint Board by Cities and Counties; Agreement; Jurisdiction Public Health — Maternity Centers and Child Care Facilities — License Fees; Authority of Local Health Department to Impose Fees […]

Jan Satterfield Attorney General of Kansas — Opinion June 29, 2004 Re: Roads and Bridges — County and Township Roads — Township Board of Highway Commissioners; Compensation Synopsis: Township board members can be compensated for providing services to the township provided the services fall within the parameters of “township business” or are identified specifically in […]

The Honorable Thomas M. Klein Attorney General of Kansas — Opinion March 17, 1997 Re: Crimes and Punishments; Kansas Criminal Code — Crimes Against the Public Morals — Gambling; Definitions; Gambling Device; Ticket Dispensers Synopsis: If the element of consideration is absent from the Lucky Shamrock Phone Card game in that no purchase is necessary […]

The Honorable Paul Davis Attorney General of Kansas — Opinion June 25, 2003 Re: Cities and Municipalities — Planning and Zoning; Planning, Zoning and Subdivision Regulations in Cities and Counties — Planning and Zoning in Cities and Counties; Zoning; Downzoning or Rezoning, Amendments and Revisions; Procedure; Protest Petition; Requirements; Signatures; Notarization Elections — Sufficiency of […]

Gordon B. Stull Attorney General of Kansas — Opinion February 22, 2000 Re: Personal and Real Property — Land Surveys — Review by County Surveyor Before Recordation; Certification Synopsis: The term “plat of survey” as used in K.S.A. 1999 Supp. 58-2005 refers to all plats derived from a survey. The term “plat of survey” may […]

Catherine P. Logan Attorney General of Kansas — Opinion October 28, 2009. Re: State Departments; Public Officers and Employees — Public Officers and Employees — Kansas Open Meetings Act; Meeting Defined; Interactive Communication; Serial Communications; Email Synopsis: “Interactive communication,” for the purposes of the Kansas Open Meetings Act (KOMA), requires a mutual or reciprocal exchange […]

Gary E. Rebenstorf Attorney General of Kansas — Opinion July 20, 1993 Re: Taxation — Correction of Irregularities — Release of Special Assessments Synopsis: K.S.A. 1992 Supp. 79-1703, which prohibits releasing, discharging, remitting or commuting taxes, does not apply to city-levied special assessments. Cited herein: K.S.A. 12-6a01; 13-907; K.S.A. 1992 Supp. 79-1703. * * * […]

Pat Johnson Attorney General of Kansas — Opinion December 13, 1993 Re: Public Health — Regulation of Nursing; Nurses — Unlawful Acts; Advanced Registered Nurse Practitioner Synopsis: A certificate of qualification as an advanced registered nurse practitioner (ARNP) is required before a professional nurse may either practice in one of the board designated specialties or […]

Laurel D. McClellan Attorney General of Kansas — Opinion February 14, 1996 Re: Counties and County Officers — County Commissioners — Powers of Board of Commissioners; Control Over County Employees; Employees Running for County Office Synopsis: A county may adopt a general employee policy requiring that certain non-elected employees of a county take an unpaid […]

The Honorable Edward W. Pugh Attorney General of Kansas — Opinion December 15, 2000 Re: Cities and Municipalities — Miscellaneous Provisions — Railways, Crossings; Regulation of Speed; Local Regulation of Trains Counties and County Officers — General Provisions — Home Rule Powers; Limitations, Restrictions and Prohibitions; Procedure; Local Regulation of Trains Public Utilities — Duties […]

Richard Raleigh Attorney General of Kansas — Opinion March 27, 1997 Re: Elections — School District Elections — Change of Member District Boundary, Change of Residence of Board Member Within School District, No Vacancy; Recall Elections — Recall of Elected Officials — Recall of Local Officers; Petition; Affidavit, Form, Number of Signatures; Board of Education […]

Joseph O’Sullivan Attorney General of Kansas — Opinion November 29, 1999 Re: Automobiles and Other Vehicles — General Provisions — Registration of Vehicles; Requirements for Proof of Motor Vehicle Liability Insurance Synopsis: K.S.A. 8-173, as amended by L. 1999, Ch. 162, § 10, does not require a county treasurer to keep a copy of the […]

Brenden J. Long Attorney General of Kansas — Opinion August 30, 2007. Re: Automobiles and Other Vehicles — Uniform Act Regulating Traffic; Rules of the Road — Driving Under Influence of Alcohol or Drugs; Ordinances; Municipal Court Jurisdiction; 2007 Senate Bill 31 Cities and Municipalities — Code for Municipal Courts; General Provisions — Municipal Courts; […]

Mr. Wilmer Freund, Chairman Attorney General of Kansas — Opinion October 16, 1996 Re: Agriculture — Soil Erosion Caused by Wind — Duty of Landowner — Duties of County Commissioners Synopsis: The prevention of soil erosion caused by wind is governed primarily by K.S.A. 2-2001 et seq. which places the duty to prevent erosion on […]

John E. Lang Attorney General of Kansas — Opinion July 21, 1998 Re: Cities and Municipalities — Libraries — Regional Library; Political Subdivision for Purposes of K.S.A. 79-5021 et seq. and K.S.A. 12-16,102 Cities and Municipalities — Miscellaneous Provisions-Employee Benefits Contribution Fund in Certain Taxing Subdivisions; Regional Libraries Synopsis: A regional library created pursuant to […]

Susan Wagle Attorney General of Kansas — Opinion June 3, 2008. Re: Public Health — Regulation of Dentists and Dental Hygienists — Persons Deemed to Be Practicing Dentistry; Non-licensed Persons Directly Applying Teeth Whitening or Bleaching Product Synopsis: Application of teeth whitening or bleaching products could be included in the statutory phrases “dental service of […]

Steven W. Hirsch Attorney General of Kansas — Opinion September 29, 2003 Re: Taxation — Sale of Real Estate for Taxes — Listing of Real Estate Subject to Sale, Contents, Notice of Sale, Contents; Publication of Listing of Real Estate Subject to Sale Synopsis: The publication requirement of K.S.A. 79-2302 is not satisfied by posting […]

Carol Green Attorney General of Kansas — Opinion December 15, 1995 Re: Courts — Nonpartisan Selection of Judges of the District Court — Non-Lawyer Members of District Judicial Nominating Commission; Prohibition Concerning Holding an Office or Official Position in a Political Party Synopsis: A precinct committee person for a political party is a person who […]

Brenden J. Long Attorney General of Kansas — Opinion August 4, 2005 Re: Constitution of the State of Kansas — Corporations — Cities’ Powers of Home Rule; Charter Ordinances; Eligibility of Mayor to Vote as Member of Governing Body Synopsis: The mayor is a member of the “governing body” for purposes of the two-thirds voting […]

Joan M. Hamilton Attorney General of Kansas — Opinion September 9, 1994 Re: Crimes and Punishments; Kansas Criminal Code; Prohibited Conduct — Crimes Involving Violations of Personal Rights — Maliciously Exposing a Paroled or Discharged Person; Name of Person Subject to Sexually Violent Predator Civil Commitment Proceeding Synopsis: Absent evidence that a newspaper acted with […]

H. David Starkey Attorney General of Kansas — Opinion October 15, 2007. Re: Waters and Watercourses — Appropriation of Water for Beneficial Use; Duties of Chief Engineer as to Beneficial Use and Rights of Priority of Appropriation Waters and Watercourses — Groundwater Management District; Initiation of Proceedings for Designation of Intensive Groundwater Use Control Areas; […]

William F. Caton Attorney General of Kansas — Opinion October 25, 1994 Re: State Boards, Commissions and Authorities — Development Finance Authority — Exemption from Liability of Directors and Officers of Authority State Departments; Public Officers and Employees — Kansas Tort Claims Act — Liability of Governmental Entities for Damages Caused by Employee Acts Synopsis: […]

The Honorable Carol Edward Beggs Attorney General of Kansas — Opinion October 6, 1995 Re: Statutes; Administrative Rules and Regulations and Procedure — Administrative Procedure Act — Application of Act to City or County Planning and Zoning Commissions Synopsis: The Kansas administrative procedure act does not apply to city or county planning and zoning commissions. […]

Mike Ward Attorney General of Kansas — Opinion February 24, 1999 Re: Counties and County Officers — General Provisions — Charter Resolutions; Exemption of County from Acts of Legislature; Procedure; Election Taxation — Aggregate Tax Levy Limitation — Procedure for Exemption from Aggregate Levy Limit Synopsis: The Butler County Clerk is not authorized or required […]

The Honorable Henry M. Helgerson, Jr. Attorney General of Kansas — Opinion September 21, 1994 Re: Corporations — Agricultural Corporations — Limitations; Exceptions; Penalties Synopsis: The feedlot exception to the proscription against the corporate ownership of farmland, found in K.S.A. 17-5904 as amended by L. 1994, ch. 130, secs. 3 and 4, may include an […]

J. Michael Hayden, Secretary Attorney General of Kansas — Opinion October 31, 2011. Re: Crimes and Punishments-Crimes Involving Violations of Personal Rights-Kansas Indoor Clean Air Act; Definitions Synopsis: An individual using an electronic cigarette inside a public building is not “smoking” within the meaning of the Kansas Indoor Clean Air Act. Cited herein: K.S.A. 2010 […]

Philip E. Winter Attorney General of Kansas — Opinion October 16, 2003 Re: Counties and County Officers — County Commissioners, Powers and Duties — Powers of Board of Commissioners; Contract to Assign Health and Welfare Duties to a Private Corporation Public Health — Local Boards of Health; Clinics — County Health Funds; Health Buildings; Garbage […]

Jean Duncan Attorney General of Kansas — Opinion February 10, 1994 Re: Personal and Real Property — Real Estate Brokers and Salespersons — Prohibited Acts; Offering or Giving Prizes, Gifts or Gratuities Synopsis: A real estate broker is prohibited from offering or giving any type of gift or gratuity which is contingent upon an agency […]

The Honorable Tim Emert Attorney General of Kansas — Opinion April 14, 1997 Re: State Boards, Commissions and Authorities — Kansas Guardianship Program — Application of Tort Claims Act to Volunteers State Departments; Public Officers and Employees — Kansas Tort Claims Act — Definitions Synopsis: Volunteers for the Kansas Guardianship Program are not state employees […]