Category: Kansas Attorney General Opinions

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 Thomas S. Bradley Attorney General of Kansas — Opinion October 1, 1993 Re: Public Records, Documents and Information — Records Open to Public — Kansas Turnpike Authority State Departments; Public Officers and Employees — Public Officers and Employees; Open Public Meetings — Kansas Turnpike Authority Synopsis: The Kansas turnpike authority, as a public […]

Kevin Hill Attorney General of Kansas — Opinion April 17, 1996 Re: Cities and Municipalities — Buildings, Structures and Grounds — Neighborhood Revitalization Act; Designation of Entire County; Impact of Repeal of Act; Sale of Impacted Property; Constitutionality of Act Synopsis: The neighborhood revitalization act authorizes a municipality to designate only one or more areas […]

Keith W. Sprouse Attorney General of Kansas — Opinion March 17, 1997 Re: Roads and Bridges; Roads — County and Township Roads — General Provisions Automobiles and Other Vehicles — Uniform Act Regulating Traffic; Powers of State and Local Authorities — Erection and Maintenance of Stop Signs, Yield Signs and Traffic-Control Devices State Departments; Public […]

Charles A. Peckham Attorney General of Kansas — Opinion August 6, 2002 Re: Counties and County Officers — Hospitals and Related Facilities — Tax Levy, Increase; Bonds; Use of Proceeds; Limitations Taxation — Aggregate Tax Levy Limitations — Suspension of Tax Levy Limitations; County Hospitals Synopsis: Any tax levy for funding county hospitals under K.S.A. […]

Greg A. Bengston Attorney General of Kansas — Opinion October 26, 1993 Re: Automobiles and Other Vehicles — Driving Under the Influence of Alcohol or Drugs; Related Provisions — Additional Testing to Determine the Presence of Drugs or Alcohol Synopsis: There is no per se rule that requires police to transport a person to an […]

David Ryan, General Counsel Attorney General of Kansas — Opinion November 30, 1993 Re: Taxation — Aggregate Tax Levy Limitations — Aggregate Amount Produced by Property Tax Levies Limited Synopsis: The fact that the Topeka metropolitan transit authority’s tax levy was established by charter ordinance does not relieve it from the provisions of the tax […]

Jean Duncan, Executive Director Attorney General of Kansas — Opinion October 7, 1998 Re: Personal and Real Property — Real Estate Brokers and Salespersons; Licensing — Prohibited Acts; Offering or Giving Prizes, Gifts or Gratuities Synopsis: A real estate broker is prohibited from offering or giving anything of value, other than the broker’s services as […]

The Honorable Alicia L. Salisbury Attorney General of Kansas — Opinion November 5, 1998 Re: Crimes and Punishments; Kansas Criminal Code; Prohibited Conduct — Crimes Affecting Public Trusts — Unlawful Use of Names Derived From Public Records Laws, Journals and Public Information — Records Open to Public — Lists of Names and Addresses Derived from […]

J. T. Klaus Attorney General of Kansas — Opinion June 24, 1999 Re: Cities and Municipalities — Buildings, Structures and Grounds; Community Buildings; Joint City and School — Bonds by City and School District for Site, Construction and Equipping Community Building; Election; Joint Management Schools — School Unification Acts — General Obligation Bonds; Purpose for […]

Howard Schwartz Attorney General of Kansas — Opinion March 29, 2010. Re: Arbitration and Award — Dispute Resolution — Confidentiality of Proceedings; Whether Applicable to Non-Court Ordered Mediation Procedure, Civil — Rules of Evidence — Dispute Resolution; Confidentiality; Whether Applicable to Non-Court Ordered Mediation Synopsis: Information transmitted between the parties and a mediator during a […]

The Honorable Marge Petty Attorney General of Kansas — Opinion March 8, 1999 Re: Constitution of the State of Kansas — Bill of Rights — Equal Rights; 1999 Senate Bill No. 288 Constitution of the United States — Amendments; Rights and Immunities of Citizens — Citizenship; Privileges or Immunities; Equal Protection; 1999 Senate Bill No. […]

Arvid V. Jacobson, Legal Counsel Attorney General of Kansas — Opinion September 16, 1997 Re: Publications, Bibliography and Calendar — Legal Publications — Newspapers In Which Legal Publications May Be Made; Unified School Districts Synopsis: A “newspaper of general circulation” is one to which the general public will resort in order to be informed of […]

Porter K. Brown Attorney General of Kansas — Opinion July 16, 1993 Re: Crimes and Punishments; Kansas Criminal Code; Classification of Crimes and Penalties — Sentencing — House Arrest Program; Eligibility Automobiles and Other Vehicles — Uniform Act Regulating Traffic; Rules of the Road; Serious Traffic Offenses — Driving Under the Influence; Imprisonment; House Arrest […]

Thomas W. Groneman, Director Attorney General of Kansas — Opinion January 29, 2007. Re: Intoxicating Liquors and Beverages — Certain Prohibited Acts and Penalties — Consumption of Alcoholic Liquor Prohibited in Certain Places; Exemptions Intoxicating Liquors and Beverages — Licensure and Regulation of Sale of Liquor by the Drink — Temporary Permit Synopsis: A “sale” […]

Sherry R. DuPerier, Chairperson Attorney General of Kansas — Opinion February 7, 1994 Re: Statutes; Administrative Rules and Regulations and Procedure — Rules and Regulations — Notice of Hearing; Publication and Filing of Notice; Requirements for Adoption of Rules and Regulations Synopsis: The Kansas department of social and rehabilitation services’ policy regarding who is qualified […]

Richard Petersen-Klein Attorney General of Kansas — Opinion December 12, 2011. Re: State Boards, Commissions and Authorities-State Lottery-Kansas Expanded Lottery Act; Wager, Loan and Credit Restrictions; Criminal Penalties Synopsis: To be consistent with other Kansas laws prohibiting racing and gaming facilities from loaning money or extending credit to patrons for the purpose of gambling, K.S.A. […]

The Honorable Vince Cook Attorney General of Kansas — Opinion April 20, 1998 Re: Cities and Municipalities — Public Improvements — General Improvement and Assessment Law; Apportionment of Cost of Improvement; Increasing City’s Share of Cost Allocation Synopsis: The case of Mallon v. City of Emporia, which prohibits a city governing body from increasing the […]

The Honorable Terry Bullock Attorney General of Kansas — Opinion October 11, 1995 Re: Courts — District Courts — District Judges; Power and Authority; Contingency Fee Contract to Collect Court Costs, Fines, Restitution and Attorney Fees Synopsis: A district court does not have the inherent power to contract with a collection agency to collect unpaid […]

Steven W. Hirsch Attorney General of Kansas — Opinion February 5, 1997 Re: Counties and County Officers — Hospitals and Related Facilities — County Hospitals; Investment of Funds Cities and Municipalities — Miscellaneous Provisions — Investment of Public Moneys by Governmental Subdivisions, Units and Entities Synopsis: Based on the information provided, the Decatur County Hospital […]

The Honorable Sally Thompson Attorney General of Kansas — Opinion July 14, 1993 Re: State Departments; Public Officers and Employees — State Moneys — Accounts to be Secured; Deposit of Securities, Exception; Amount of Security Required Banks and Banking; Trust Companies — Banking Code; Deposit of Public Moneys — Deposit of Bonds and Securities; Custody […]

The Honorable Kenny A. Wilk Attorney General of Kansas — Opinion February 1, 1995 Re: Schools — Organization, Powers and Finances of Boards of Education — General Powers of Boards; Use of Property; Community Purposes; Fees Synopsis: The policy of unified school district no. 458 establishing classifications for assessing fees for use of school facilities […]

James L. Emerson Attorney General of Kansas — Opinion July 7, 2004 Re: Counties and County Officers — County Commissioners, Powers and Duties — Powers of Board of Commissioners; Authority of Each Commissioner to Hire Their Own County Road Employees State Departments; Public Officers and Employees — Public Officers and Employees; Open Public Meetings — […]

The Honorable Elaine Wells Attorney General of Kansas — Opinion April 8, 1994 Re: Procedure, Civil — Rules of Civil Procedures — Class Actions; Awarding Attorneys Fees Synopsis: Attorney’s fees are recoverable in a class action lawsuit under two exceptions to the American no fee rule: one involving a party who has acted in bad […]

Jeffrey L. Griffith, Legal Counsel Attorney General of Kansas — Opinion July 26, 2001 Re: Schools — Suspension and Expulsion of Pupils — Who May Suspend or Expel; Notice; Hearings, Opportunity Afforded, Waiver, Time, Who May Conduct; Procedural Due Process Requirements; Notice of Hearing Results; Appeal to Board of Education; Hearing Officers Schools — Weapon-Free […]

Joseph O’Sullivan Attorney General of Kansas — Opinion July 16, 2007. Re: Public Health — Solid and Hazardous Waste — Cities or Counties Authorized to Provide for Collection and Disposal of Solid Wastes or Contract Therefor; Fees; Use of Revenue from Fees Synopsis: Revenue derived from fees imposed on real property within Reno County’s solid […]

Philip E. Winter Attorney General of Kansas — Opinion March 15, 1995 Re: Schools — School District Finance and Quality Performance — Local Option Budget; Authorization to Adopt; Limitations; Notification of County Election Officer Synopsis: The board of education may not delegate to another officer the authority to determine whether to submit to the electorate […]

Chris Biggs Attorney General of Kansas — Opinion June 28, 1993 Re: Minors — Kansas Juvenile Offenders Code; Detention in Jail — Detention of Juveniles Synopsis: Juveniles who fall under the exemptions listed in K.S.A. 1992 Supp. 38-1691(c) and those who have already been adjudicated adults for purposes of prosecution may be detained in an […]

Tim Winters, Chairman Attorney General of Kansas — Opinion November 6, 2002 Re: State Boards, Commissions and Authorities — Information Network of Kansas — Information Network of Kansas, Inc.; Governing Body, Membership; Meetings; Attendance; Designation of Representative Synopsis: The Secretary of Transportation may delegate to a chief administrative officer, staff assistant, or employee the duty […]

Robert H. Gale Attorney General of Kansas — Opinion January 4, 2006. Re: Intoxicating Liquors and Beverages — Division of Alcoholic Beverage Control — Power to Regulate Alcoholic Liquor; Powers of Cities; Ordinary Ordinances Allowing Sunday and Summer Holiday Sales of Packaged Alcoholic Liquor and Cereal Malt Beverage; Restricting Retail Store Hours on Sunday Synopsis: […]

The Honorable Vernon W. Correll Attorney General of Kansas — Opinion October 27, 1994 Re: Personal and Real Property — Mortgages of Real Property — Entry of Satisfaction of Mortgage Synopsis: Pursuant to K.S.A. 1993 Supp. 58-2309a, as amended by L. 1994, ch. 250, sec. 1, a mortgagee may charge a mortgagor a $5.00 fee […]

Robert H. Royer, Jr. Attorney General of Kansas — Opinion November 10, 1994 Re: Automobiles and Other Vehicles — Driving Under Influence of Alcohol or Drugs; Related Provisions — Alcohol and Drug Safety Action Program; Disclosure by Municipal Court of Presentence Alcohol and Drug Evaluation Reports Synopsis: 42 U.S.C. § 290dd-2 prohibits a municipal court […]

Mack Smith, Executive Secretary Attorney General of Kansas — Opinion January 5, 1998 Re: Public Health — Uniform Vital Statistics Act — Copies of Death Certificates Synopsis: K.S.A. 1996 Supp. 65-2422d(g) does not prohibit copying of birth or death certificates as long as the copy contains a clear indication on its face that it does […]

The Honorable Christine Downey Attorney General of Kansas — Opinion May 17, 2002 Re: Soldiers, Sailors and Patriotic Emblems — Flag and Patriotic Emblems — Flag and Flagpole for Every Schoolhouse; Display; Instructions Relating to Flag Etiquette Synopsis: K.S.A. 2001 Supp. 73-707 requires the proprietor of any private or parochial school in this state to […]

The Honorable David Adkins Attorney General of Kansas — Opinion March 22, 1993 Re: Constitution of the State of Kansas — Bill of Rights — Search and Seizure; City Housing Code Inspections Cities and Municipalities — General Provisions — Constitutionality of Inspections Under City Housing Code; Police Power Synopsis: A provision of the city housing […]

The Honorable L. Candy Ruff. Attorney General of Kansas — Opinion July 24, 2007. Re: Soldiers, Sailors and Patriotic Emblems — Kansas Commission on Veterans Affairs — Prosecution of Claims Before Federal Veterans’ Administration; Veterans Claims Assistance Program Synopsis: K.S.A. 73-1211 is no longer the applicable statute in determining whether the Kansas Commission on Veterans […]

The Honorable Mark W. Taddiken Attorney General of Kansas — Opinion June 23, 2004 Re: Cities and Municipalities — Buildings, Structures and Grounds; Development and Redevelopment of Areas In and Around Cities — Definitions; Redevelopment Project Costs; Site Preparation; Demolition of Existing Buildings; Capping Sewer Lines Synopsis: Site preparation may include demolition of buildings when […]

The Honorable Don Sallee Attorney General of Kansas — Opinion September 20, 1994 Re: Statutes; Administrative Rules and Regulations and Procedure — Rules and Regulations — Definitions; Rule and Regulation; Appraisal Directives Issued by the Director of Property Valuation Synopsis: While some directives adopted by the director of property valuation to prescribe appraisal standards meet […]

Glenda Cafer, Chairman Attorney General of Kansas — Opinion August 4, 1997 Re: Public Health — Licensure of Entities by State Board of Cosmetology — License Renewal; Continuing Education Requirements United States Constitution — Fourteenth Amendment — Due Process Clause Synopsis: Based on the United States Supreme Court’s definition of “property” it is our opinion […]

Rochelle Chronister, Secretary Attorney General of Kansas — Opinion April 22, 1997 Re: Mentally Ill, Incapacitated and Dependent Persons; Social Welfare — Enforcement of Child Support Orders — 1997 Senate Bill No. 140 Constitution of the State of Kansas — Bill of Rights — Equal Rights; Search and Seizure; Forfeiture of Estate Synopsis: 1997 Senate […]

The Honorable Tim Shallenburger Attorney General of Kansas — Opinion August 27, 2001 Re: Cities and Municipalities — Miscellaneous Provisions — Investment of Public Moneys by Governmental Subdivisions, Effect of Loss of Kansas Bank Charter Synopsis: A local governmental entity that holds a certificate of deposit issued by Firstar Bank prior to Firstar Bank’s loss […]

Paul J. Morrison Attorney General of Kansas — Opinion January 28, 2002 Re: Mentally Ill, Incapacitated and Dependent Persons; Social Welfare — Reporting Abuse, Neglect or Exploitation of Certain Persons — Mandatory Reporting of Domestic Violence Synopsis: K.S.A. 39-1431, as amended by L. 2001, Ch. 154, § 4, does not mandate the reporting of domestic […]

Steven R. Brunk Attorney General of Kansas — Opinion February 22, 2010. Re: Constitution of the State of Kansas — Legislative — Legislative Power; Unconstitutional; Restriction of Legislative Power by Limiting Legislative Consideration of Proposed Bills Regarding Mandated Health Insurance Coverage Insurance — Uniform Policy Provisions — Mandated Health Benefits; Impact Report to be Submitted […]

Richard A. Boeckman Attorney General of Kansas — Opinion September 12, 2002 Re: Fences — Partition Fences — Controversies; Settlement by Fence Viewers Fences — Miscellaneous Provisions — Removal of Fence Built Upon Land of Another by Mistake; Damages Synopsis: A board of county commissioners acting as fence viewers does not have the authority to […]

William A. Taylor, III Attorney General of Kansas — Opinion October 25, 2007 Re: Counties and County Officers — Fire Protection Districts in Any County — Tax Levies; Use of Proceeds, Limitations; Election on Levies, When Taxation — Aggregate Tax Levy Limitations — Suspension of Tax Levy Limitations Counties and County Officers — General Provisions […]

Phyllis Gilmore, Executive Director Attorney General of Kansas — Opinion December 30, 2003 Re: Probate Code — Care and Treatment for Mentally Ill Persons — Care and Treatment Act for Mentally Ill Persons; Voluntary Admission to Treatment Facility; Voluntary Out-Patient Treatment of Minors Synopsis: A mature minor has the legal capacity to consent to outpatient […]

John E. Lang Attorney General of Kansas — Opinion June 13, 1995 Re: Cities and Municipalities — Insurance; Group-Funded Liability Pools — Board of Trustees of Pool; Qualifications; Dual Board Membership Synopsis: K.S.A. 12-2627 precludes a board member of a municipal insurance pool created under K.S.A. 12-2616 et seq. from also serving on the board […]

Mr. Richard Sanborn Attorney General of Kansas — Opinion April 20, 1993 Re: Public Records, Documents and Information — Records Open to Public — Terms of Settlement Agreement Entered Into by a City State Departments; Public Officers and Employees — Public Officers and Employees; Open Public Meetings — Binding Action Prohibited in Executive Session Synopsis: […]

The Honorable Tim Emert Attorney General of Kansas — Opinion March 22, 1996 Re: Banks and Banking; Trust Companies — Banking Code; Deposit of Public Moneys — Securities for Deposits of Public Funds; Securities Owned by Wholly-Owned Subsidiary of Depository Bank Synopsis: K.S.A. 1995 Supp. 9-1402(d) authorizes a Kansas bank to secure public funds deposited […]

The Honorable Laura McClure Attorney General of Kansas — Opinion September 6, 1995 Re: Counties and County Officers — General Provisions — Residency Requirements for County Officials Elections; Filling Vacancies in Offices and Candidacies; Residency Requirements Synopsis: Residency requirements for county officials differ depending on the office in question and whether the official is elected […]

Ms. Linda P. Jeffrey Attorney General of Kansas — Opinion March 22, 1993 Re: Cities and Municipalities — Planning and Zoning; Planning, Zoning and Subdivision Regulations in Cities and Counties — Plats; Approval and Filing Procedure Synopsis: The register of deeds may file a plat only after it has been endorsed and accepted by the […]

Laurel D. McClellan Attorney General of Kansas — Opinion March 4, 1994 Re: Counties and County Officers — Miscellaneous Provisions — Powers of the Board of County Commissioners; Power to Supervise County Employees’ Work Hours; Installment of Time Clock Synopsis: The board of county commissioners may adopt rules and regulations on personnel policies for the […]

The Honorable Tom Sawyer Attorney General of Kansas — Opinion July 2, 1997 Re: State Departments; Public Officers and Employees — State Moneys — Pooled Money Investment Board; Appointment of Director of Investments Synopsis: The doctrine of incompatibility of offices prevents the Chairman of the Pooled Money Investment Board from also serving as the Director […]

The Honorable Ron Thornburgh Attorney General of Kansas — Opinion September 25, 2002 Re: State Boards, Commissions and Authorities — Information Network of Kansas — Information Network of Kansas, Inc.; Governing Body, Membership; Meetings; Attendance; Designation of Representative; Use of Proxies Synopsis: Persons appointed to the Board of Directors for the Information Network of Kansas […]

William A. Taylor, III Attorney General of Kansas — Opinion May 29, 1996 Re: Taxation — Liquor Drink Tax — Local Alcoholic Liquor Fund; Distribution of Monies; Special Parks and Recreation Fund for Counties; Use of Funds Synopsis: Local alcoholic liquor fund tax monies that are placed in a county’s special parks and recreation fund […]

Patrik W. Neustrom Attorney General of Kansas — Opinion October 18, 1993 Re: Taxation — Aggregate Tax Levy Limitations — Tax Levies Exempt From Aggregate Limitation; Levies for Court Security and Service of Process Courts — District Courts — Budget for District Court Expenses Payable by Counties Synopsis: There is no statute prohibiting the transfer […]

The Honorable Anthony Hensley Attorney General of Kansas — Opinion December 3, 1997 Re: Constitution of the State of Kansas — Education — State Board of Education; Local Public Schools; General Supervision; Maintenance, Development and Operation of Local Schools; Edison Project; Constitutionality Synopsis: The State Board of Education (State Board) is authorized pursuant to Section […]

Sandra L. Jacquot Attorney General of Kansas — Opinion November 5, 1997 Re: Automobiles and Other Vehicles — General Provisions; Registration of Vehicles — Registration of Vehicles Operated in This State; Time of Registration and Payment of Property Taxes When Vehicle Purchased Out of State Taxation — Motor Vehicles — Taxation of Motor Vehicles; Due […]

The Honorable Marge Petty Attorney General of Kansas — Opinion March 21, 1996 Re: State Boards, Commissions and Authorities — Department of Commerce and Housing — Private Activity Bond Allocation; Legal Authority of Department to Assess Fees for Allocation of State Ceiling Synopsis: The Kansas legislature has not authorized the department of commerce and housing […]

The Honorable Garry G. Boston Attorney General of Kansas — Opinion September 2, 1999 Re: Cities and Municipalities — Planning and Zoning — Establishment of City Districts and Zones, Zoning Outside City Limit; Extraterritorial Zoning Amendments to United States Constitution — Fourteenth Amendment — Due Process; Vagueness Synopsis: A resolution enacted by the City of […]

Patsy Johnson, Executive Administrator Attorney General of Kansas — Opinion February 9, 1999 Re: Public Health — Regulation of Nursing; Nurses — Licensure Synopsis: A nurse licensure compact which purports to grant unrestricted recognition of nursing licenses issued in other states would constitute an unconstitutional delegation of legislative authority. Cited herein: K.S.A. 8-236; K.S.A. 1998 […]

The Honorable Jim Garner Attorney General of Kansas — Opinion December 22, 1993 Re: State Boards, Commissions and Authorities — Regulation of Psychologists — Licensure of Psychologists; Definitions Synopsis: Neurofeedback, as the research and practice is defined herein, is within the practice of psychology governed by K.S.A. 74-5302 et seq. Whether the research and practice […]

Dorothea Riley Attorney General of Kansas — Opinion December 10, 2008. Re: Cities and Municipalities — General Provisions — Countywide and City Retailers’ Sales Taxes; Procedure for Implementation; Rate; Use of Revenues; General Purposes; Special Purposes Synopsis: A city is required to specify the purposes for which the revenues from a retailers’ sales tax will […]

Peter K. Curran, Counsel Attorney General of Kansas — Opinion December 17, 2002 Re: State Boards, Commissions and Authorities — Information Network of Kansas — Information Network of Kansas, Inc.; Governing Body, Membership; Meetings; Attendance; Designation of Representative; Use of Proxies Synopsis: The Director Information Systems and Communications may delegate to an employee within the […]

John D. Gatz Attorney General of Kansas — Opinion March 31, 2008. Re: Probate Code — Care and Treatment for Mentally Ill Persons — Investigation; Emergency Detention; Authority and Duty of Law Enforcement Officers; Transportation; Costs Synopsis: The law enforcement officer who makes an initial determination that a person is mentally ill and likely to […]

The Honorable Bill Graves Attorney General of Kansas — Opinion September 16, 1998 Re: State Departments; Public Officers and Employees — Public Officers and Employees; Open Public Meetings — Meeting Defined; “Calling Trees” Synopsis: A series of meetings or communications between members of a public body, each of which may involve less than a majority […]

Tom C. Hitchcock Attorney General of Kansas — Opinion October 25, 1994 Re: Public Health — Regulation of Pharmacists — Dispensing and Administering of Drugs by Duly Licensed Practitioners Synopsis: The Kansas pharmacy act prohibits the practice of pharmacy by unlicensed persons with limited exceptions. One exception is for “practitioners” licensed by the board of […]

The Honorable Sheila Frahm Attorney General of Kansas — Opinion June 1, 1993 Re: Personal and Real Property — Easements; Uniform Conservation Easement Act — Definitions; Judicial Actions; Who May Bring Action Affecting Conservation Easement; Modification or Termination by Court Synopsis: A watershed district organized pursuant to K.S.A. 24-1201 et seq. has specific statutory authority […]

The Honorable Laura L. McClure Attorney General of Kansas — Opinion July 29, 1994 Re: Public Health — Secretary of Health and Environment, Activities; Water Supply and Sewage — Prevention of Water Pollution; Standards; Permits; Exemptions; Orders; Hearings; Appeals; Fees; Right of Ingress and Egress; Confined Feeding Facilities Synopsis: An existing facility pursuant to K.S.A. […]

Patricia Ridenour Attorney General of Kansas — Opinion April 7, 1995 Re: Cities and Municipalities — Ordinances of Cities; Initiative and Referendum Ordinances — Bid Procedure for Sale of City-Owned Real Property Owned by City Synopsis: A proposed ordinance is administrative and not subject to K.S.A. 12-3013 when it requires the city council to sell […]

Michael H. Haas Attorney General of Kansas — Opinion July 16, 1993 Re: Counties and County Officers — Fire Protection; Districts in Any County — Governing Body of Fire District; Powers; Sheridan County Rural Fire Department Bonds and Warrants — Cash-Basis Law — Application to Sheridan County Fire Department Synopsis: A rural fire department created […]

Gary A. Anderson Attorney General of Kansas — Opinion February 3, 2011. Re: Cities and Municipalities — Buildings, Structures and Grounds; Development and Redevelopment of Areas In and Around Cities — Purpose of Act; Procedure for Establishing Redevelopment District; Procedure for Establishing a Redevelopment Project; Project Plan; Posthearing Changes; Twenty-Year Time Limitation Synopsis: A city […]

Leonard L. Buddenbohm Attorney General of Kansas — Opinion June 24, 1993 Re: Cities and Municipalities — General Provisions — Tax Upon Gross Earnings Derived from Money, Notes and Other Evidence of Debt; Elimination of Tax; Timing Synopsis: When gross earnings tax is eliminated pursuant to K.S.A. 12-1,101 on or after August 1, the taxing […]

Jan Satterfield Attorney General of Kansas — Opinion February 19, 2002 Re: Taxation — Listing Property for Taxation — Owner, Lessee or Operator of Dock to Notify Assessor of Watercraft and Owners Synopsis: K.S.A. 79-338 requires the owner, lessee or operator of any watercraft dock to furnish a list of all watercraft docked there, as […]

Vernon L. Jarboe Attorney General of Kansas — Opinion January 6, 1995 Re: Public Records, Documents and Information — Records Open to Public — Audit Records Held by the Department of Revenue Taxation — Income Tax; Administration — Tax Information; Limits on Dissemination and Use Synopsis: The department of revenue is a public agency whose […]

The Honorable Marian Reynolds Attorney General of Kansas — Opinion October 12, 1995 Re: Insurance — General Provisions — Examination of Individual Applicants for Agents’ Licenses; Fee; Classes of Insurance; Issuance of License, When; Record of Licenses Issued and Companies Agents Certified to Represent Synopsis: The six month waiting period imposed by K.S.A. 40-241 before […]

Gerald Woolwine Attorney General of Kansas — Opinion July 6, 2007. Re: Counties and County Officers — Sheriff — Deputies and Undersheriffs; Duties; Budget; Limitations; Use of Funds Derived from Forfeitures Procedure, Civil — Asset Seizure and Forfeiture — Disposition of Forfeited Property; Use of Proceeds of Sale Synopsis: Forfeiture funds may be used to […]

Patricia A. Scalia Attorney General of Kansas — Opinion April 7, 2010. Re: Criminal Procedure — Aid to Indigent Defendants — State Board of Indigents’ Defense Services (BIDS); Prohibition on Interfering with Professional Duties of Counsel; Contractual Provision Between BIDS and Defense Counsel Regarding Payment of BIDS Application Fee Synopsis: A contractual provision, which would […]

The Honorable David B. Haley Attorney General of Kansas — Opinion March 27, 2001 Re: Public Health and Welfare — Civil Rights — Federally Assisted Programs; Application of Title VI to Programs and Entities Receiving Federal Funding Synopsis: Section 601 of Title VI provides that no person may, on the ground of race, color or […]

The Honorable Paul Feliciano, Jr. Attorney General of Kansas — Opinion March 12, 1996 Re: State Departments; Public Officers and Employees — Public Officers and Employees; Public Employer-Employee Relations — Public Employee Relations Board; Appointment of State Agency Director of Human Resources as the Representative of Public Employees Synopsis: As a matter of law, a […]

Doug Gatewood Attorney General of Kansas — Opinion February 27, 2009. Re: Taxation — Property Exempt From Taxation — Property Exempt from Taxation; Certain Electric Transmission Lines and Appurtenances; Exception from Exemption for Utilities Located Out-of-State Constitution of the United States — Legislative Powers — Powers of Congress; Power to Regulate Commerce; Exception From Property […]

James R. Cobler, Director Attorney General of Kansas — Opinion October 19, 1994 Re: Taxation — Aggregate Tax Levy Limitations — Procedure for Exemption from Aggregate Levy Limit; Authority of Townships Synopsis: Townships have been granted authority pursuant to K.S.A. 1993 Supp. 79-5036(c) to exempt themselves entirely from the provisions of the aggregate tax levy […]

Nancy Parrish Attorney General of Kansas — Opinion June 9, 1993 Re: Automobiles and Other Vehicles — General Provisions; Registration of Vehicles — Annual Registration or License Fees; Counties’ Acceptance of Credit Cards for Payment of Fees Taxation — Motor Vehicles — Taxes Levied Annually for Registration Period; Counties’ Acceptance of Credit Cards for Payment […]

L. LaVerne Fiss Attorney General of Kansas — Opinion January 17, 1995 Re: Cities and Municipalities — Public Utilities; Control of Streets and Public Grounds — Common Law Right of Access Synopsis: A city may barricade a portion of a street without infringing upon certain property owners’ rights of access if such property owners continue […]

The Honorable Ellen B. Samuelson Attorney General of Kansas — Opinion August 30, 1994 Re: Elections — Official Ballots — Arrangement of Names of Candidates Upon Ballot; Blank Spaces For Write-In; Use of Stickers Synopsis: The legislature has recognized various technologies which may be used in counting and tabulating votes cast by electors. The ability […]

William T. North Attorney General of Kansas — Opinion August 21, 1996 Re: Counties and County Officers — General Provisions — Home Rule Powers; Creation of a Position within the County Department of Corrections Counties and County Officers — Sheriff — Charge and Custody of Jail Synopsis: A sheriff is required to transport prisoners that […]

Larry Froelich, Executive Director Attorney General of Kansas — Opinion January 29, 1997 Re: Public Health — Food, Drugs and Cosmetics — Exhibition of Title “Drugstore, “Pharmacy” or “Apothecary”; Use of Symbol “Rx” Public Health — Regulation of Pharmacists — Definitions; “Pharmacy,” “Drug Store” or “Apothecary”; Use of Symbol “Rx” Synopsis: The taking, use or […]

The Honorable Janice L. Hardenburger Attorney General of Kansas — Opinion October 10, 1995 Re: Procedure, Civil for Limited Actions — Small Claims Procedure — Corporation’s Use of Procedure Without Attorney Representation Synopsis: The small claims procedure act, which prohibits attorney representation except in limited circumstances, abrogates the common law principle that corporations may appear […]

The Honorable Richard Lahti Attorney General of Kansas — Opinion August 11, 1993 Re: Legislature — Legislative Coordinating Council — Standing Committees as Legislative Study Committees Synopsis: The convening of the standing committees which have been designated by the legislative coordinating council as interim study committees between regular sessions of the legislature does not violate […]

Ted D. Ayres, General Counsel Attorney General of Kansas — Opinion November 21, 1995 Re: State Departments; Public Officers and Employees — Kansas Tort Claims Act — Definitions; Governmental Entity; Kansas State University Research Foundation Synopsis: The Kansas state university research foundation (KSURF) is a governmental entity for purpose of the Kansas tort claims act. […]

The Honorable Kenny A. Wilk Attorney General of Kansas — Opinion February 20, 1998 Re: Cities and Municipalities — Insurance; Group-Funded Liability Pools — Certificate of Authority Granted on Perpetual Basis; Examinations; Submission of Financial Statement and Reports; Suspension of Certificate, Grounds, Hearing; Revocation; Dissolution or Injunction of Pool Synopsis: Current law authorizes the Commissioner […]

Mr. Charles F. Speer, Esq. Attorney General of Kansas — Opinion August 24, 1993 Re: Drainage and Levees — Drainage Districts Within Counties or Cities; Drainage Act of 1905 and Amendments — Powers of Drainage Districts Synopsis: Absent a contract, implied or otherwise, a drainage district is not authorized by statute to compel payment for […]

Kevin M. Hill Attorney General of Kansas — Opinion November 24, 1993 Re: Constitution of the State of Kansas — Judicial — District Courts; Jurisdiction Synopsis: Acts defined and made punishable within the fish and wildlife conservation code of the Iowa Tribe of Kansas and Nebraska are not crimes or civil wrongs against the state […]

Don Myer, Executive Director Attorney General of Kansas — Opinion September 16, 1997 Re: Soldiers, Sailors and Patriotic Emblems — Kansas Commission on Veterans’ Affairs — Persian Gulf War Veterans Health Initiative Act; Persian Gulf War Health Initiative Board; Members Synopsis: One member of the Persian Gulf War Veterans Health Initiative Board must be qualified […]

Evan H. Ice Attorney General of Kansas — Opinion November 16, 2004 Re: Criminal Procedure; Kansas Code of Criminal Procedure — Uniform Mandatory Disposition of Detainers Act — Request for Final Disposition of Detainer by Prisoner; Applicability to Prisoners Serving Sentence in County Jail Criminal Procedure; Kansas Code of Criminal Procedure — Agreement on Detainers […]

The Honorable Gwen Welshimer Attorney General of Kansas — Opinion December 14, 1994 Re: Personal and Real Property — Real Estate Appraisers — Certification or Licensure; When Required Synopsis: The Kansas real estate appraisal board has authority over a certified or licensed appraiser regarding specified acts and omissions as enumerated in K.S.A. 1993 Supp. 58-4118 […]

Mary Ann Shirley Attorney General of Kansas — Opinion June 24, 1999 Re: Elections — Recall of Elected Officials — Grounds for Recall; County or District Attorney to Determine Sufficiency of Grounds Synopsis: The grounds in the petition seeking the recall of the Greenwood County Commissioner are set forth with sufficient particularity as to allow […]

The Honorable Janis K. Lee Attorney General of Kansas — Opinion January 23, 1995 Re: Schools — Organization, Powers and Finances of Boards of Education — Power to Acquire Property; Computers For Use By Board Members State Departments; Public Officers and Employees — Public Officers and Employees; Open Public Meetings — Definition of Meeting; Electronic […]