Category: Kansas Attorney General Opinions

Joseph O’Sullivan Attorney General of Kansas — Opinion September 18, 2000 Re: Public Health — Solid and Hazardous Waste — Cities or Counties Authorized to Provide for Collection and Disposal of Solid Wastes or Contract Therefor; Fees; Adoption of Regulations and Standards; County’s Ability to Collect Solid Waste Disposal Fee from Another County Synopsis: A […]

Steven W. Hirsch Attorney General of Kansas — Opinion February 7, 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: Members of […]

Carol Green Attorney General of Kansas — Opinion May 17, 1993 Re: Constitution of the State of Kansas — Judicial — Supreme Court Nominating Commission; Applicability of Title 7 of the Civil Rights of 1964, As Amended, the Americans With Disabilities Act, and the Kansas Acts Against Discrimination Synopsis: The Supreme Court nominating commission is […]

Daniel Creitz, Attorney Attorney General of Kansas — Opinion April 26, 1999 Re: Schools — Purchase of Insurance — Boiler Insurance; Fire and Extended Coverage Insurance; Motor Vehicle Liability Insurance and Medical Payments Insurance; Group Insurance; Student Insurance; Insurance Board; Liability Synopsis: Consolidated Unified School District No. 101 may consider the recommendations of the Consolidated […]

Daniel D. Creitz, Counsel Attorney General of Kansas — Opinion February 3, 2000 Re: Cities and Municipalities — Public Recreation and Playgrounds — Recreation Systems; Establishment of System of Public Recreation; Joint Systems; Authority of Consolidated Unified School Districts Synopsis: A joint recreation system may not be established by a school district and more than […]

Robert L. Howard, Special Counsel Attorney General of Kansas — Opinion July 10, 1998 Re: Cities and Municipalities — General Provisions — Countywide and City Retailers’ Sales Tax; Apportionment of Revenue; Inclusion of Countywide Tax Levy for the Benefit of Wichita State University Synopsis: The countywide retailers’ sales tax apportionment formula in K.S.A. 1997 Supp. […]

The Honorable Kenny A. Wilk Attorney General of Kansas — Opinion March 17, 1998 Re: District Officers and Employees — District Coroners — District Coroner; Qualifications; Nomination; Appointment, Term, Compensation; Vacancies; Oath, Deputy Coroners, Special Deputy Coroners Synopsis: K.S.A. 22a-226(e) provides for the appointment of a special deputy coroner to fill a position of deputy […]

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 […]

Don Scott Attorney General of Kansas — Opinion July 7, 2004 Re: Probate Code — Care and Treatment for Mentally Ill Person — Trial Upon the Petition; Applicability of Health Insurance Portability and Accountability Act (HIPAA) to Testimony of Health Care Providers Synopsis: The “disclosures required by law” provision of the Health Insurance Portability and […]

Mr. Darrell E. Miller Attorney General of Kansas — Opinion August 9, 1993 Re: Elections — Election Expense Apportionment — Expenses Subject to Apportionment; Payment By County; Reimbursement; Basis for Apportionment Synopsis: The legislature has established an administrative procedure to be followed by governmental subdivisions aggrieved by a determination of the county election officer regarding […]

The Honorable Kent Glasscock Attorney General of Kansas — Opinion April 27, 1994 Re: Automobiles and Other Vehicles — General Provisions; Registration of Vehicles — Application for Registration; County of Registration for Corporate Entities Synopsis: The Kansas county in which a Kansas corporation’s headquarters are located and from which it conducts much of its business […]

The Honorable Audrey Langworthy Attorney General of Kansas — Opinion March 8, 1994 Re: Taxation — Motor Vehicles — Allocation and Distribution of Tax Receipts; Receipts Attributable to the Tax Levies for School Districts and Community Colleges Synopsis: The tax imposed by K.S.A. 72-6431 to defray some of the current expenses of the state in […]

Sandra L. Jacquot Attorney General of Kansas — Opinion September 12, 1996 Re: Public Records, Documents and Information — Records Open to Public — Definitions; Public Agency; Judges’ Telephone Records Synopsis: K.S.A. 1995 Supp. 45-217 excludes judges of the district court from the definition of public agency. Judges’ telephone records do not become public records […]

The Honorable Clyde D. Graeber Attorney General of Kansas — Opinion January 6, 1995 Re: Intoxicating Liquors and Beverages — Certain Prohibited Acts and Penalties — Manufacturers; Interest in Business of Distributor Prohibited; Not Applicable to Manufacturers Not Located or Doing Business in Kansas Synopsis: A licensed Kansas alcoholic liquor distributor may own all or […]

The Honorable Robert J. Vancrum Attorney General of Kansas — Opinion June 2, 1995 Re: Intoxicating Liquors and Beverages — Licensing and Related Provisions; City Option — Qualifications for Licensure; Residency Requirement for Corporations Seeking Microbrewery License Synopsis: Legislative acts are presumed valid, particularly those enacted under the state’s twenty-first amendment authority to regulate the […]

The Honorable Kent Glasscock Attorney General of Kansas — Opinion February 9, 1998 Re: Accountants, Certified Public — Licensure, Examination and Registration — Qualification for Certificate and Permit; Discipline of Certificate and Permit Holders from Other States Synopsis: The Kansas Legislature may enact appropriate legislation that grants a privilege to practice public accountancy in Kansas […]

John E. Lang Attorney General of Kansas — Opinion April 14, 1997 Re: Counties and County Officers — County Attorney — Fees, When; Diversion Fees Criminal Procedure — Kansas Code of Criminal Procedure; Procedure After Arrest — Provisions of Diversion Agreement; Disposition of Diversion Fees Fees and Salaries — Fees in All Counties and Salaries […]

Brenden J. Long Attorney General of Kansas — Opinion August 4, 2005 Re: Cities and Municipalities — Consolidation of Cities — Consolidation of Topeka, Kansas, and Shawnee County; Existence of Townships; Use of Power within Consolidated City/County Government Constitution of the State of Kansas — Corporations — Cities’ Powers of Home Rule; Use of Power […]

Sandra L. Jacquot Attorney General of Kansas — Opinion June 11, 1999 Re: Counties and County Officers — County Commissioners — Powers and Duties; Control Over Expenditures and Purchasing Procedures of Elected Officials Synopsis: A board of county commissioners has authority over county expenditures; however, the board must allow expenditures necessary to meet the statutory […]

The Honorable Keith Roe Attorney General of Kansas — Opinion November 2, 1993 Re: Constitution of the State of Kansas — Finance and Taxation — System of Taxation; Classification; Definition of Public Utility; Exclusion of Certain Telephone Companies Taxation — Public Utilities — Definition; Constitutionality of Excluding Certain Telephone Companies Synopsis: The legislature may, under […]

Betty L. Rose Attorney General of Kansas — Opinion June 19, 2007. Re: Crimes and Punishment — Kansas Criminal Code; Crimes Against Property; Tampering with a Landmark; Replacing Monumentation Personal and Real Property — Land Surveys; Monumentation of Corners in Boundaries of Subdivisions; Replacing Monumentation Synopsis: The crime of tampering with a landmark requires proof […]

Joan Hamilton Attorney General of Kansas — Opinion February 5, 1993 Re: District Officers and Employees — District Attorneys — Assistants, Deputies, Stenographic, Investigative and Clerical Hire; Appointment; Compensation; District Attorney and Assistants Full-Time Positions, Law Practice Prohibited; Conservatorship State Departments; Public Officers and Employees — Public Officers and Employees; Public Employer-Employee Relations — District […]

Lewis A. Heaven, Jr. Attorney General of Kansas — Opinion December 14, 1999 Re: Cities and Municipalities — Buildings, Structures and Grounds; Public Buildings — Methods of Financing Authorized; Issuance of Bonds After Election Synopsis: An election is required under K.S.A. 12-1736 et seq. for a city to finance certain public building projects through the […]

John LaFaver, Secretary of Revenue Attorney General of Kansas — Opinion August 4, 1997 Re: Automobiles and Other Vehicles — Uniform Act Regulating Traffic; Rules of the Road; Serious Traffic Offenses — Driving Under the Influence of Alcohol or Drugs by any Person Less than 21 Years of Age; Blood Alcohol Concentration; Penalties; Criminal or […]

Michael H. Haas Attorney General of Kansas — Opinion May 22, 2000 Re: Counties and County Officers — Hospitals and Related Facilities — County Hospitals, Procedure to Establish; Management of Hospital; Hospital Board; Procedure to Elect or Appoint Members; Change of Method of Selection; Effect Synopsis: A board of county commissioners, through its resolutions, establishes […]

The Honorable Robert “Bob” Grant Attorney General of Kansas — Opinion April 5, 1999 Re: Counties and County Officers — County Commissioners; Powers and Duties — Allowance of Claims; Audits and Reports of County Expenditures Synopsis: The board of county commissioners, assisted by the county clerk and county treasurer, is responsible for keeping an ongoing […]

Donna Whiteman, Secretary Attorney General of Kansas — Opinion August 25, 1994 Re: Probate Code — Care and Treatment for Mentally Ill Persons — Sexually Violent Predator Act; Notice to Prosecutor; Application of Act to Juvenile Offenders; Disclosure of Documentation of Institutional Adjustment and Treatment Synopsis: A juvenile offender does not meet the definition of […]

John S. Robb Attorney General of Kansas — Opinion January 23, 2009. Re: Cities and Municipalities — Public Recreation and Playgrounds; Joint Recreation Systems; Powers of Recreation Commission; Limits of Contract Authority for the Provision of Recreational Programs and Facilities Synopsis: A recreation commission jointly created by a city and school district has the statutorily […]

Robert D. Hecht Attorney General of Kansas — Opinion March 27, 2002 Re: District Officers and Employees — District Attorneys — Assistants, Deputies, Stenographic, Investigative and Clerical Hire; Appointment; Compensation; Assessment of Fees for Review of Building Plans for Compliance with Accessibility Standards Personal and Real Property — Public Buildings — Accessibility Standards for Public […]

Jean Duncan Attorney General of Kansas — Opinion February 6, 1996 Re: Personal and Real Property — Real Estate Brokers and Salespersons; Brokerage Relationships — Disclosure of Agency Relationship Synopsis: K.S.A. 1995 Supp. 58-30,110(a) pertains to a licensee’s use of the “disclosure of alternative agency relationships” form with a prospective buyer or seller client in […]

Mary Ann Gabel Attorney General of Kansas — Opinion May 26, 1995 Re: Procedure, Civil — Rules of Evidence; General Provisions — Definitions; Burden of Proof; Professional License or Registration Disciplinary Proceedings Synopsis: Clear and convincing evidence is not a quantum of proof but, rather, a quality of proof. In a professional license or registration […]

The Honorable Bill Bunten Attorney General of Kansas — Opinion January 15, 2004 Re: Cities and Municipalities — Buildings, Structures and Grounds; Development and Redevelopment of Areas In and Around Cities — Procedure for Establishing a Redevelopment Project; Redevelopment Project Costs; When Payable Synopsis: A city may use tax increment revenues, or the proceeds of […]

John W. Campbell Attorney General of Kansas — Opinion September 10, 2007. Re: Insurance — Uniform Policy Provisions — Forms and Premium Rates; Filing, Regulation; Approval of Accident and Sickness Insurance Form Authorizing Coverage for Domestic Partners Constitution of the State of Kansas — Miscellaneous — Marriage; Approval of Accident and Sickness Insurance Form Authorizing […]

Gary E. Thompson Attorney General of Kansas — Opinion May 20, 2011. Re: Automobiles and Other Vehicles — Drivers’ Licenses; Uniform Commercial Driver’s License Act — Commercial Driver’s Licenses; Diversion Agreements Not Allowed; Plea Agreements. Synopsis: A person who drives a commercial vehicle, as well as a person who holds a commercial driver’s license, may […]

Ted D. Ayres Attorney General of Kansas — Opinion December 22, 1993 Re: Agriculture — County Extension; Extension Districts — Governing Body, Terms, Composition and Election Synopsis: County extension councils, in establishing an extension district, have no authority to place term limitations or other qualifications on candidates for the office of extension district board member. […]

Paul S. Allen, Chairman Attorney General of Kansas — Opinion February 10, 1999 Re: Accountants, Certified Public — Licensure, Examination and Registration — Unlawful Acts; Penalty; Use of C.P.A. Designation in Conjunction with Performing Nonattest Services by Kansas Certificate Holder Who Does Not Have a Permit Synopsis: K.S.A. 1998 Supp. 1-316 does not prohibit a […]

Ed H. Pavey, Director Attorney General of Kansas — Opinion July 26, 2001 Re: State Boards, Commissions and Authorities — Law Enforcement Training Center, Training Commission — Definitions; Certification Requirements for Certain State, County and City Employees Synopsis: An employee of a city, county or state law enforcement agency who is not authorized to perform […]

William L. Frost Attorney General of Kansas — Opinion January 30, 1997 Re: Constitution of the State of Kansas — Bill of Rights — Religious Liberty; Use of Public Funds Synopsis: A city may provide financial assistance to a social service agency that subscribes to certain religious tenets as long as the use of such […]

Philip E. Winter Attorney General of Kansas — Opinion August 9, 1996 Re: Taxation — Property Exempt from Taxation — Property Exempt from Property and Ad Valorem Taxes; Real Property Owned for Purposes of Providing Office Space for Performance of Medical Services Synopsis: The property tax exemption for real property owned or acquired by a […]

George Teagarden Attorney General of Kansas — Opinion September 15, 2004 Re: Livestock and Domestic Animals — Protection of Domestic Animals — Unlawful Act; Civil Penalties; Contagious or Infectious Disease Synopsis: K.S.A. 47-624 prohibits a person from selling or giving away domestic animals, including cats, that have tested positive for an infectious or contagious disease […]

Thomas L. Toepfer, Counsel Attorney General of Kansas — Opinion October 5, 1998 Re: Drainage and Levees — Watershed Districts; General Powers and Duties of District — Corporate Powers and Duties Synopsis: K.S.A. 24-1209 authorizes a Watershed District to use funds to administer and cost-share water quality projects which include the use of buffer strips […]

The Honorable Dennis McKinney Attorney General of Kansas — Opinion December 4, 2007. Re: Crimes and Punishment — Crimes Against the Public Safety; Criminal Use of Weapons; Possession and Sales of Silencers and Automatic Firearms by Federally Licensed Firearms Dealers Synopsis: The Gun Control Act of 1968 does not preempt K.S.A. 2006 Supp. 21-4201 and, […]

Steven W. Hirsch Attorney General of Kansas — Opinion March 22, 1993 Re: Cities and Municipalities — Miscellaneous Provisions — Convention and Tourism Committee; Appointment; Terms Synopsis: The majority of the members of a city or county convention and tourism committee must be representatives of a business which is engaged in the renting, leasing or […]

The Honorable Dennis M. Wilson Attorney General of Kansas — Opinion March 29, 2005 Re: Intoxicating Liquors and Beverages — Certain Prohibited Acts and Penalties — Location of Retail Store, Microbrewery, or Farm Winery; Restrictions Synopsis: K.S.A. 41-710(c)(1) prohibits initial licensure of a retail liquor store when the licensed premises would be within 200 feet […]

Keith Schroeder Attorney General of Kansas — Opinion September 16, 2009. Re: Crimes and Punishment — Crimes Against the Public Safety — Criminal Use of Weapons; Authority of District or County Attorney State Departments; Public Officers and Employees — Firearms — License to Carry Concealed Firearm; Posted Places Where Carrying Concealed Weapon Not Authorized; Authority […]

Stuart Brenn Attorney General of Kansas — Opinion May 2, 1995 Re: State Institutions and Agencies; Historical Property — Kansas Soldiers’ Home — Control of Institution; Security Officer; Authority Synopsis: Because the person employed as a security officer at the Kansas soldiers’ home is not serving in a position of public employment which is vested […]

Robert B. Davenport, Director Attorney General of Kansas — Opinion October 19, 1993 Re: Criminal Procedure — Costs in Criminal Cases — Liability for Costs; Kansas Bureau of Investigation Laboratory Analysis Fee; Retroactivity Fees and Salaries — Fees in All Counties and Salaries in Certain Counties — Court Fees in Criminal Actions Synopsis: The Kansas […]

C. E. Russell Attorney General of Kansas — Opinion February 21, 1994 Re: Constitution of the United States — Rights and Immunities of Citizens — Escheat of Abandoned Bank Deposits to City Synopsis: 1994 house bill no. 2698 violates the fourteenth amendment to the United States constitution because it does not provide due process protection […]

The Honorable Gwen Welshimer Attorney General of Kansas — Opinion April 23, 2001 Re: Elections — Advance Voting — Advance Voting; Unlawful Acts and Penalties; Applications; Ballots; Person or Group Engaged in Distribution; Delivery to County Election Officer; Constitutionality Synopsis: Pursuant to K.S.A. 25-1122 and 25-1128, signed advance voting applications are to be mailed, faxed, […]

The Honorable Tim Tedder Attorney General of Kansas — Opinion October 4, 2000 Re: Counties and County Officers — Miscellaneous Provisions — County Charters in Counties Declared to be Urban Areas; Adoption and Amendment; Charter to Govern Local Legislation and Administration; Authorized Provisions; Limitations; Elimination and Consolidation of Elective County Offices Cities and Municipalities — […]

The Honorable Doug Lawrence Attorney General of Kansas — Opinion August 24, 1994 Re: State Departments; Public Officers and Employees — Public Officers and Employees; Open Public Meetings — Application to Kansas Venture Capital, Inc. Synopsis: Kansas Venture Capital, Inc. is a for-profit corporation, which operates and manages independently from any governmental control or supervision. […]

The Honorable Gary Haulmark Attorney General of Kansas — Opinion December 14, 1995 Re: Corporations — Agricultural Corporations — Limitations; Exceptions; Penalties Synopsis: Exempted from the prohibition against the corporate ownership of farmland, found at K.S.A. 1993 Supp. 17-5904, as amended, is agricultural land held or leased by a corporation or a limited liability company […]

Stephen C. Ryan, President Attorney General of Kansas — Opinion July 16, 2002 Re: Public Health — Uniform Vital Statistics Act — Authorization for Cremation; Coroner’s Permit; Authority to Charge Fee Synopsis: A coroner’s permit authorizing cremation is required before a cremation may lawfully occur. In the absence of a uniform statute imposing a fee […]

The Honorable Audrey Langworthy Attorney General of Kansas — Opinion April 22, 1994 Re: Procedure, Civil — Immunity from Liability for Volunteers of Nonprofit Organizations and Athletic Officials — Immunity From Liability for Volunteers of Certain Nonprofit Organizations; Limitations Synopsis: In the absence of willful, wanton, or intentionally tortious conduct, a professional engineer who volunteers […]

Robert L. Eastman Attorney General of Kansas — Opinion June 1, 1993 Re: Minors — Detention and Parental Homes or Farms; Camps or Homes for Two or More Counties — Tax Levy, Use of Proceeds; Publication of Resolution; Protest Petition and Election; Time of Election Synopsis: No tax levy can be made pursuant to K.S.A. […]

Al LeDoux, Director Attorney General of Kansas — Opinion May 6, 1997 Re: Waters and Watercourses — Navigable Waters — Acquisition by State of New Channel where Stream Altered Synopsis: The State’s ownership interest in the bed and banks of a navigable river changes as the river gradually moves over time, and thus the State’s […]

Gordon B. Stull Attorney General of Kansas — Opinion May 19, 1994 Re: Minors — Kansas Juvenile Offenders Code; General Provisions — Detainment of Juvenile in Jail Automobiles and Other Vehicles — Uniform Act Regulating Traffic; Parties, Arrests, Citations, Procedures and Penalties — Prosecution of Juvenile Traffic Offenders Synopsis: A juvenile offender who turns eighteen […]

The Honorable Ron Rogg Attorney General of Kansas — Opinion April 24, 1996 Re: Counties and County Officers — County Commissioners; County Purchasing Agent — Appointment of Purchasing Officer in Johnson and Sedgwick Counties; Requirement that District Court in Johnson and Sedgwick Counties Requisition Supplies from County Purchasing Officer Synopsis: K.S.A. 19-260b, which requires that […]

Gary E. Rebenstorf Attorney General of Kansas — Opinion August 16, 1993 Re: Public Health — Controlled Substances; Forfeitures; Procedure — Forfeitures of Property Under K.S.A. 65-4135 or 65-4156; Special Law Enforcement Trust Funds; Authorized Expenditures Synopsis: K.S.A. 65-4173(c) does not preclude expenditures from special law enforcement trust funds to pay insurance premiums and maintenance […]

Gary Denning Attorney General of Kansas — Opinion April 7, 1993 Re: Criminal Procedure — Arrest — Domestic Violence Calls; Written Policies Adopted by Law Enforcement Agencies Synopsis: Pursuant to K.S.A. 1992 Supp. 22-2307(b)(1), a law enforcement officer who has probable cause to believe that a crime has been committed in a domestic violence situation […]

The Honorable Carl Holmes Attorney General of Kansas — Opinion April 26, 1994 Re: Constitution of the State of Kansas — Legislative — Journals; Passage of Bills Synopsis: The Kansas constitution, article 2, section 14, mandates that a bill signed by the governor must be the same as that passed by the house and senate. […]

Ruth E. Graham, Counsel Attorney General of Kansas — Opinion June 19, 1996 Re: Townships and Township Officers — Public Parks and Cemeteries — Acquisition of Cemetery Association or Corporation Property; Prohibition When Township Maintains Public Cemetery Synopsis: A township which maintains a public cemetery may not assume responsibility, either as an owner or trustee, […]

The Honorable Bill Bunten Attorney General of Kansas — Opinion October 13, 2004 Re: Legislature — Indian Gaming Compacts — Definitions; Negotiation of Compacts; Submission to Legislature; Authority of Joint Committee on State-Tribal Relations Synopsis: The Joint Committee on State-Tribal Relations has statutory authority to make recommendations on a proposed gaming compact submitted to it […]

Joan Hamilton Attorney General of Kansas — Opinion August 27, 1993 Re: Crimes and Punishments; Kansas Criminal Code; Prohibited Conduct — Crimes Affecting Business — Debt Adjusting Synopsis: Any fee paid by a debtor to an organization, whether established for profit or not, in exchange for that organization distributing money periodically paid by the debtor […]

Mr. Delton M. Gilliland Attorney General of Kansas — Opinion March 15, 1993 Re: Public Health — Emergency Medical Services — Establishment, Operation and Maintenance of Emergency Medical Services; Requirement of Public Bid-Letting Synopsis: The statutes governing emergency medical services and ambulance services do not require a county to seek competitive bids on contracts. For […]

Louis A. Podrebarac Attorney General of Kansas — Opinion October 8, 1997 Re: Corporations — Agricultural Corporations — Definitions; Restrictions; Exceptions; Process for Rescinding County Resolution After Approval by Voters Counties and County Officers — General Provisions — Home Rule Powers; Limitations; Restrictions; Rescinding Corporate Farming Resolution Synopsis: A county may use K.S.A. 19-101a to […]

Robert V. Eye Attorney General of Kansas — Opinion January 22, 1993 Re: Public Health — Solid and Hazardous Waste; Kansas Storage Tank Act — Reimbursement from Trust Fund for Corrective Action Costs Synopsis: Based on available legislative history, in our opinion the intent of the legislature’s 1992 amendments was to give limited retroactive effect […]

Stephen L. Martino Attorney General of Kansas — Opinion April 16, 2008. Re: State Boards, Commission and Authorities — State Lottery — Kansas Lottery Act; Kansas Expanded Lottery Act; Restrictions on State and Local Officials; Penalties; Use of Official Authority to Influence Certain Decisions, Investigations and Proceedings Synopsis: A state or local official cannot use […]

Forrest A. Lowry Attorney General of Kansas — Opinion September 20, 1994 Re: Cities and Municipalities — Ordinances of Cities; Initiative and Referendum Ordinances — Restriction on Land Use Cities and Municipalities — Cemeteries; Reinvestment of Title — Prevention of Other Uses Synopsis: A proposed ordinance which would preclude the governing body from using certain […]

Phyllis Gilmore Attorney General of Kansas — Opinion August 27, 2001 Re: State Boards, Commissions and Authorities — Behavioral Sciences Regulatory Board — Powers, Duties and Functions of Board; Subpoena Powers State Boards, Commissions and Authorities — Regulation of Psychologists — Privileged Communications; Exceptions Synopsis: The Behavioral Sciences Regulatory Board’s investigative subpoena power comports with […]

Donna L. Whiteman Attorney General of Kansas — Opinion May 11, 1993 Re: Minors — Kansas Code for Care of Children — Health Services; Consent for Medical Treatment by Parents with Certain Religious Beliefs Synopsis: K.S.A. 1992 Supp. 38-1513(a)(2) can be interpreted to authorize the court to take into consideration a parent’s religious objections in […]

James L. Emerson Attorney General of Kansas — Opinion July 10, 1995 Re: Counties and County Officers — Jails — Sheriff’s Responsibility to Keep Jail Synopsis: Generally, a district court may not intrude upon the sheriff’s statutory duty to operate the jail by issuing an order that precludes the sheriff from transferring a defendant to […]

The Honorable August Bogina, Jr. Attorney General of Kansas — Opinion April 20, 1994 Re: Waters and Watercourses — Water Transfers — Decision of Panel; Review of Legislature Synopsis: 1993 house bill no. 2070 amended the water transfer act, specifically K.S.A. 82a-1504(c), eliminating the legislative oversight of water transfers. The amendment contained procedural changes that […]

The Honorable Phill Kline Attorney General of Kansas — Opinion September 20, 2005 Re: Livestock and Domestic Animals — Protection of Domestic Animals — Program for Registering Premises Where Animals Located; Development and Implementation by Livestock Commissioner; Access to Information and Records Provided to the Farm Services Administration Public Records, Documents and Information–Records Open to […]

Michael H. Haas Attorney General of Kansas — Opinion September 7, 1999 Re: Counties and County Officers — Hospitals and Related Facilities — Compensation and Expenses of Board Members; Payment of Insurance Premiums Bonds and Warrants — Cash-Basis Law — Issuance of Warrants and Other Evidences of Indebtedness Unlawful; Void Contracts and Orders; Multi-year Contract […]

Edward S. Dunn Attorney General of Kansas — Opinion May 12, 2003 Re: Counties and County Officers — Sheriff — Deputies and Undersheriffs; Duties; Budget; Limitations; Personnel Salaries Counties and County Officers — County Commissioners — Powers and Duties; Control Over Salaries of Employees of County Sheriff Synopsis: A board of county commissioners has the […]

The Honorable Kenny A. Wilk Attorney General of Kansas — Opinion October 29, 2003 Re: Personal and Real Property — Land and Recreational Areas — Limiting Liability of Property Owners to Persons Entering Premises for Recreational Purposes; Whether Immunity Conferred; Effect of Fee for Use Synopsis: Under the Land and Recreational Area Act, an owner […]

The Honorable Marti Crow Attorney General of Kansas — Opinion April 5, 1999 Re: State Departments; Public Officers and Employees — Juvenile Justice Authority — Juvenile Intake and Assessment System; Urinalysis Drug Screening Synopsis: In the absence of adverse consequences from refusing to submit to a urinalysis, a juvenile will not have standing to raise […]

The Honorable Lana Gordon Attorney General of Kansas — Opinion October 2, 2002 Re: Constitution of the State of Kansas — Legislative — Approval of Bills; Vetoes; Governor’s Line-item Veto Power Synopsis: Based on the authority cited herein, it is our opinion that the Kansas appellate courts would interpret the term “item of appropriation of […]

Colonel Lonnie R. McCollum, Superintendent Attorney General of Kansas — Opinion November 1, 1995 Re: Automobiles and Other Vehicles — Drivers’ Licenses — Persons to Whom License Not Issued; Issuance of a Class C License for Operation of a Motorized Bicycle to a Person Whose License Has Been Suspended or Revoked Synopsis: K.S.A. 1994 Supp. […]

Betty A. Bomar Attorney General of Kansas — Opinion March 18, 1994 Re: State Boards, Commissions and Authorities — Crime Victims Compensation Board — Definitions; Criminally Injurious Conduct; Use of a Motor Vehicle Synopsis: The crime victims compensation board does not have the authority to award compensation to an applicant who has incurred injuries as […]

Toni Ramirez Wheeler Attorney General of Kansas — Opinion April 6, 2007. Re: Constitution of the State of Kansas — Corporations — Cities’ Powers of Home Rule; City’s Establishment of Domestic Partnership Registry Constitution of the State of Kansas — Miscellaneous — Marriage; City’s Establishment of Domestic Partnership Registry Synopsis: The City of Lawrence proposed […]

Robert D. Hecht, District Attorney Attorney General of Kansas — Opinion August 29, 2002 Re: Schools — Organization, Powers and Finances of Boards of Education — School Security and Law Enforcement Officers; Powers, Duties, Rights; Protective Functions; School Property and Areas Adjacent Thereto; Authority Synopsis: Jurisdiction of a school law enforcement officer is based on […]

Michael A. Ireland Attorney General of Kansas — Opinion June 21, 1994 Re: Public Utilities — Duties and Liabilities of Railroad Companies; Obstruction of Public Highways and Streets — Permitting Trains, Engines or Cars to Stand on Public Highway Synopsis: K.S.A. 66-273 imposes a ten minute limitation on the amount of time trains may stand […]

Philip E. Winter Attorney General of Kansas — Opinion September 26, 1994 Re: Cities and Municipalities — Ordinances of Cities; Initiative and Referendum Ordinances — Petition For Proposed Ordinance; Requirements Elections — Sufficiency of Petitions — Determination of Legality of Form; Application of Other Statutes Synopsis: The form of the question set forth in the […]

Mike Ward Attorney General of Kansas — Opinion April 12, 1996 Re: Counties and County Officers — Fire Protection — Fire Districts; Enforcement of City Fire Code by Fire District Synopsis: A fire district organized pursuant to K.S.A. 19-3601 et seq. may enter into a contract with a city within the district to enforce the […]

Dr. Robert C. Harder, Secretary Attorney General of Kansas — Opinion January 6, 1995 Re: Public Health — Acquired Immune Deficiency Syndrome (AIDS) and Hepatitis B; Acquired Immune Deficiency Syndrome — Confidentiality of Information; Disclosure Public Health — Secretary of Health and Environment, Activities; Laboratory Testing — Information Obtained Through Certain Tests Conducted by Laboratories; […]

The Honorable Peggy Long Attorney General of Kansas — Opinion October 7, 1999 Re: Elections — Recall of Elected Officials — Recall of Local Officers; Petition; Filing, When Synopsis: Subsection (c) of K.S.A. 25-4323 states that no more than one less of a majority of a local governing body may be subject to recall at […]

Tom C. Hitchcock Attorney General of Kansas — Opinion October 27, 1994 Re: Public Health — Regulation of Pharmacists — Powers of the State Board of Pharmacy; Term of Suspension, Probation or Revocation; Collection of Fine and Costs Synopsis: The board of pharmacy does not have authority to combine its power to suspend and fine […]

The Honorable Barbara Allen Attorney General of Kansas — Opinion April 26, 1993 Re: State Departments; Public Officers and Employees — Kansas Tort Claims Act — Application to the Kansas Healthy Kids Corporation and the Corporation for Change Synopsis: The provisions of the Kansas tort claims act are applicable to members of the boards of […]

Stephen B. Plummer Attorney General of Kansas — Opinion April 13, 1994 Re: Counties and County Officers — Employment Systems — Civil Service System in Urban Area and Other Counties; Dismissal and Suspension by the Sheriff; Meaning of “Days” Procedure, Civil — Rules of Civil Procedure — Time, Computation and Extension; Application to K.S.A. 19-4327 […]

The Honorable J.R. (Jack) Wempe Attorney General of Kansas — Opinion March 8, 1994 Re: Drainage and Levees — Watershed Districts; Formation of Watershed Districts — Elections; Qualified Voters Synopsis: In an election to approve a tax levy increase, a watershed district formed pursuant to K.S.A. 24-1201 et seq., must determine who is a landowner […]