Kansas Attorney General Opinions

VERN MILLER Attorney General January 2, 1974 Opinion No. 74-1 Mr. Anthony D. Lopez Executive Director Commission on Civil Rights Room 1155W State Office Building Topeka, Kansas 66612 Dear Mr. Lopez: I have your letter of December 13, inquiring whether a letter dated September 21,…

County election officers’ duty to destroy ballots pursuant to K.S.A. 25- 2708(b) is directory and not mandatory, and such duty must give way to a search warrant or subpoena compelling the production or preservation of such ballots pursuant to a criminal prosecution or investigation. However, mere notice of a pending criminal investigation is likely not enough to forestall the directive to destroy ballots.

When a city that has provided for a hospital under K.S.A. 14-602 to 14- 614 and 14-694 to 14-699 proposes incorporating into the city for hospital purposes territory that consists of multiple townships in the county in which the hospital is located, the election results in the townships in total determine whether the townships are incorporated into the city for hospital purposes.

January 19 2012 ATTORNEY GENERAL OPINION NO. 2012- 3 Honorable Scott Schwab State Representative, Forty-Ninth District State Capitol, Room 561-W Topeka, Kansas 66612 Re: Constitution of the State of Kansas—Corporations—Cities’ Power of Home Rule Cities and Municipalities—General …

A newspaper is eligible for designation as the official county newspaper if the newspaper meets the requirements of K.S.A. 64-101(b). One of the requirements is that the newspaper is published in the county publishing the official publication. A newspaper's place of publication is generally where the newspaper is first put into circulation or where the newspaper has its principal office.

The Kansas Expanded Lottery Act requires a lottery gaming facility manager to purchase or lease lottery facility games. A manager cannot satisfy this requirement by providing the funds to the Kansas Lottery that would then lease or purchase the games.

120 S.W. 10th Avenue, 2ND FLOOR, TOPEKA, KANSAS 66612-1597 CARLA J. STOVALL August22,2000 MAIN PHONE: (785) 296-2215 An-ORNEY GENERAL FAx: 296-62% ATTORNEY GENERAL OPINION NO. 2000-~ Kerwin L. Spencer Unified School District No. 353 600 N. Washington Wellington, Kansas 67152 Re: …

The United States Supreme Court has found that a state statute prohibiting post-viability abortion does not have to specifically contain the words "mental health" in its maternal health exception to be considered constitutional; statutes not containing these words have been construed to nonetheless include mental health within the scope of "health" generally. In our opinion, the term "bodily function," as used in K.S.A. 1999 Supp. 65-6703, would be interpreted by the courts to include an exception for risks to maternal mental health, as well as physical health, as long as such risk is substant

~htu of ~mUt!il ®f£ir~ nf tq~ ~ttnrnell Of)~nernl 301 S.W. 10th Avenue, Topeka 66612-1597 CARLA J. STOVALL November 3, 1999 MAlN PHONE; (785) 296-2215 FAX: 296-6296 ArroRNEY GENERAL TTY: 291-3767 ATTORNEY GENERAL OPINION NO. 99-~ The Honorable Ron Thornburgh Secretary of State St…

K.S.A 12-3903, as it existed in 1981, authorized the Board of Shawnee County Commissioners to transfer the operation and responsibility for the Shawnee County Jail from the Sha~nee County Sheriff to the Shawnee County Department of Corrections without an election. Consequently, the Shawnee County Sheriff is not liable for any negligent or wrongful acts that may arise from the operation of the Shawnee County Jail.

The use of public funds to finance the Kansas and Missouri metropolitan culture district is for a valid public purpose and payment of those funds to a private entity will not defeat that purpose. Furthermore, because the district is a political subdivision of both the states of Kansas and Missouri, public funds appropriated by Kansas counties that are part of the district may be used to fund cultural activities and organizations within the district even if the activity occurs in a Missouri county that is part of the district.

,J. 1 ~t<It.e of 1f!t<Infi<IJi5 ®ffi.c£ of i1r£ J\ttonte~ ~£mra:l 301 S.W.1(JrHAVENUE, TOPEKA 66612-1597 CARLA J. STOVALL ATTORNEY GENERAL August 26, 1996 MAIN PHONE: (913) 296-2215 FAX: 296-6296 TTY: 291-3767 ATTORNEY GENERAL OPINION NO. 96--.IL Mike Haynes Executive Director Ka…

A recreation system established pursuant to K.S.A. 12-1925 may be dissolved following submission of a petition signed by at least 5% of the qualified voters of the recreation district seeking to bring to an eledion a proposition authorizing dissolution, and approval of the proposition by a majority of the qualified eledors voting thereon. Such eledion may be conduded in any year following the third year of operation of the recreation system.

,;State of liau5as @ffil:£ .of :tIr£ J\±t.orm~ ~£mral 301 S.W. 10TH AVENUE, TOPEKA 66612-1597 CARLA J. STOVALL MAIN PHONE: (913) 296-2215 ATTORNEY GENERAL August 21, 1996 FAX: 296-6296 TTY: 291-3767 ATTORNEY GENERAL OPINION NO. 96-~ Wi lliam T. North Chase County Attorney P.O. Bo…

KS.A. 45-216(a) requires public records to be open for inspection unless the record falls within one of the exceptions listed in KS.A. 1994 Supp. 45-221. An agency shall not be required to disclose records of a utility unless the request concerns billings for a specific individual customer named by the requester. A request for records which does not fall under an exclusion listed in KS.A. 45-221 (a) cannot be denied for the reason that the requester plans to contact those listed for the purpose of purchasing property or services.

No constitutional or statutory authority exists for the election of fire district trustees at a general election. Absent such authority, no valid election of fire district trustees may be called and held at the general election conducted in either April or November.

The property tax exemption for real property owned or acquired by a municipality for the purpose of providing office space for the performance of medical services would be lost if the property is also leased to persons or entities that are not licensed to practice medicine and surgery or osteopathic medicine by the board of healing arts pursuant to K.S.A. 65-2801 et seq.

In the absence of statutory authorization, county treasurers may not charge an additional $2 fee per motor vehicle registration when registrants use a "satellite" registration facility. Because the registration fee statutes are uniform and a resolution allowing additional fees would be in conflict therewith, counties may not alter this conclusion by home rule.

Because the mortgage registration fee is a tax on property, mortgages tendered for filing by a city would be exempt from payment of the mortgage registration fee if the mortgage instrument is used exclusively by the state, a municipality or political subdivision of the state.

A county is not generally required to provide burial markers for deceased veterans, but is authorized to do so under home rule powers.

Non-state gaming agency employees of the Kansas racing commission are not prohibited from participation in Indian gaming activities pursuant to L. 1996, ch. 256, § 9.

While the community corrections act is a uniform act applicable to all counties, it does not preempt a county's ability to legislate in the area of community correctional services and a fee charged by a county for program participants does not conflict with the act.

Ji9tate nf ~n1'5119 <IDffitt of tlJ:e J\ftOntell ~:emrttl 301 S.W. lOni AVENUE, TOPEKA 66612-1597 CARLA J. STOVALL MA.tN PHONE: (913) 296-2215 A TrORNI!Y GENERAL June 19, 1996 CONSUMER PRon!cnON: 296-3751 FAX: 296-6296 ATTORNEY GENERAL OPINION NO. 96- 53 The Honorable Kenny A Wil…

A township which maintains a public cemetery may not assume responsibility, either as an owner or trustee, for a private cemetery in the absence of special legislation.

~t&±2 af ~<tn5<t5 @ffic.e 11f tlp~ J\±±l1rnet! (f)£neral 301 S.W. lOrn AVENUE, TOPEKA 66612-1597 CARLA J. STOVALL MAiN PHONE: (913) 296-2215 ArrORNEY GENERAL March 12, 1996 CONSUMER PROTECTION: 296-3751 FAX: 296-6296 ATTORNEY GENERAL OPINION NO. 96-~ The Honorable Troy Findley St…

I " ,;Stat. af ~n:n9n9 (1)ffir~ .of ~ J\±tarm\J (1i~mral 301 S.W. 10TH AVENUE, TOPEKA 66612-1597 CARLA J. STOVALL AITORmY GENERAL MAIN PHONE: (913) 296-2215 CONSUMER PROTBCI'ION: 296-3751 January 18, 1996 FAX:. 296-6296 ATTORNEY GENERAL OPINION NO. 96- 2 Tracy D. Streeter, Execut…

. ."'" ., 301 S.W. 10TH AVENUE, TOPEKA 66612-1597 CARLA J. STOVALL MAIN PHONE: (913) 296-2215 A TIORNEY GENERAL September 6, 1995 CONSUMER PROTECTION: 296-3751 FAX: 296-6296 ATTORNEY GENERAL OPINION NO. 9S-__ 9 3___ The Honorable Laura McClure State Representative, 119th District…

@ffice of ±4.e J\±tornelJ; ~.eneral 301 S.w. 10TH AVENUE, TOPEKA 66612-1597 CARLA J. STOVALL MAIN PHONE: (913) 296-2215 ATTORNEY GENERAL August 30, 1995 CONSUMER PROTECTION: 296-3751 FAX: 296-6296 ATTORNEY GENERAL OPINION NO. 95- 88 Dr. Ramon Powers Executive Director Kansas Stat…

The property of a cooperative created pursuant to K.S.A. 1991 Supp. 72-8230 is not entitled to a property tax exemption under K.S.A. 79-201 First or K.S.A. 79-201a Second during the term of a lease purchase agreement.

The provisions, both protections and limitations, of the Kansas tort claims act apply to the board of directors of the information network of Kansas established pursuant to K.S.A. 1991 Supp. 74-9301 et seq.

ROBERT T. STEPHAN ATTORNEY GENERAL November 7 , 1991 ATTORNEY GENERAL OPINION NO. 91-145 The Honorable Clyde D. Graeber State Representative, Forty-First District 2400 Kingman Leavenworth, Kansas 66048 Re: Taxation--Property Valuation, Equalizing Assessments, Appraisers and Asses…

The legislature is prohibited, pursuant to article 11, section 4 of the Kansas constitution, from imposing a permanent statewide property tax levy. However, a series of annual or biennial impositions would be permissible. The legislature may require the board of education of each school district to levy a specified number of mills and to transfer a portion of the proceeds to the state for distribution to other school districts if done in compliance with article 11, sections 4 and 5, and any other applicable constitutional provisions.

A church is a public building for purposes of the handicapped accessibility standards act. However, if the church was built before January 1, 1979 and renovations do not consist of an amount equal to 25% or more of the replacement value of the building, this act would not apply to the church.

Directives, guidelines, manuals and course instruction materials promulgated by the director of property valuation to assist county and district appraisers in determining fair market or use value of property and designed to achieve uniformity in appraisal are mandatory in the sense that the director, prosecutors and the board of tax appeals may take actions enumerated herein to penalize an appraiser for failure or refusal to comply with or follow such materials.

To the extent discussed herein the statutory classifications for determining eligibility for and amounts of reimbursement from the underground petroleum storage tank trust fund as set forth in K.S.A. 1990 Supp. 65-34,119 violate the equal protection clause of the United States constitution. Other provisions of the Kansas storage tank act are severable and therefore not affected by this opinion.

Levies for county extension council employee benefit plan expenses are exempted from the limitations of K.S.A. 79-5021 et seq., and amounts produced from such levies should not be considered in computing the county's aggregate limitation.

K.S.A. 68-141a prohibits a board of county commissioners or board of township trustees from renting or hiring machinery or equipment for private use except when that use is for road clearing purposes. K.S.A. 68-141b discusses procedures for the rental or hiring of county equipment or machinery. These statutes may be read in harmony, and thus, K.S.A. 68-141b does not permit the county to take actions that are prohibited by K.S.A. 68-141a.

A resignation pursuant to K.S.A. 19-2606, to be effective, must be accepted by the governor. A resignation may be prospective, becoming effective, upon acceptance, at a future specified date. Once accepted, a resignation cannot be withdrawn. Based on the facts presented to us, a vacancy in the office of Osage county attorney will occur on January 9, 1990. A quo warranto action is the proper remedy to determine the right or title to a public office and to oust an incumbent who is holding the office unlawfully.

K.S.A. 25-1904 precludes any state employee from being a member of the state board of education. A tenured faculty member of a regent's institution is a state employee and thus, unless the employment is terminated, is disqualified from being a state board of education member. In that the constitutionality of statutes is presumed and all doubts resolved in favor of constitutionality, we believe K.S.A. 25-1904, an attempt to assure the independence of the board, is constitutionally sound.

ROBERT T. STEPHAN May 22, 1989 ATTORNEY GENERAL. ATTORNEY GENERAL OPINION NO. 89- 64 The Honorable Debara K. Schauf State Representative, Eighty-First District State Capitol, Room 174-W Topeka, Kansas 66612 Re: Insurance -- Regulation of Certain Trade Practices -- Unfair Methods …

While the state may require abortions to be performed in licensed facilities from and after the first trimester, K.S.A. 21-3407 sweeps too broadly and the offending provisions cannot be severed from the rest without legislative amendment. We note that the United States Supreme Court is currently considering a case which may modify Roe v. Wade, and thus render this opinion invalid. Cited herein: K.S.A. 21-3407. *

In considering possible alternatives for providing property tax relief, the Legislature may not postpone or alter procedures required by article 11, section 1 of the Kansas Constitution. The Legislature may limit local units of government in the total amount of property tax moneys they collect, or adjust payment schedules, with the possible repercussion of private lawsuits based on the local units' inability to meet contractual or other obligations.

Proposed regulations relating to falconry (numbered 23-21-1 through 23-21-14) are within the statutory authority conferred upon the Kansas Department of Wildlife and Parks.

K.S.A. 1987 Supp. 12-3415(b) stipulates that a port authority may not issue revenue bonds without first having received approval, by resolution, of the governing bodies of the cities and counties which comprise such port authority.

Exception number three exempts farmland acquired by a corporation in the acreage as is necessary for the operation of a nonfarming business from the general prohibition against corporate ownership of agricultural land found in K.S.A. 1987 Supp. 17-5904(a). For reasons discussed herein, the acquisition of the land in question is not essential to Hancock's business of lending and finance and thus cannot be acquired under this exemption.

!, STATE OF KANSAS i I OFFICE OF THE ATTORNEY GENERAL t: ,¥ !1"· 2ND FLOOR, KANSAS JUDICIAL CENTER, TOPEKA 66612 ,; 1sERT T. STEPHAN MAIN PHONE t913J 296'2215 • ATIO::SNEY GENERAL August 22, 1988 CONSUMER PROTECTION 296·375 I ~ ~ t ~- t· .', ATTORNEY GENERAL OPINION NO. 88- 117 L…