Kansas AG Opinions — 2017

A state university policy requiring concealed handguns carried on campus to be carried without a round in the chamber does not violate K.S.A. 2016 Supp. 75-7c03(a).

The common law doctrine of incompatibility of offices does not preclude a person from concurrently serving as a victim-witness coordinator employed by a County Attorney’s Office and as a member of the board of education of a unified school district in the same county.

A board of county commissioners does not have legal authority to supersede another elected county official’s power to appoint, promote, demote, or dismiss his or her personnel.

The petitioning process afforded in K.S.A. 2016 Supp. 12-187(b)(1) is not an option under K.S.A. 2016 Supp. 12-187(b)(5). Whether a question authorizing a countywide retailers’ sales tax, the proceeds of which would be pledged to support health care services, is submitted to the electors is solely within the discretion of the board of county commissioners. A private not-for-profit hospital may be included as health care services under K.S.A. 2016 Supp. 12- 187(b)(5).

A city may own shares in a limited liability company. Whether acquiring shares in a limited liability company violates the public purpose doctrine is a question of fact. The Interlocal Cooperation Act, K.S.A. 12-2901 et seq., provides a framework for arrangements wherein a city intends to reduce financial risk by co-owning property with a third party.

February 2, 2017 ATTORNEY GENERAL OPINION NO. 2017- 4 Sheriff Laurie Dunn Osage County Sheriff's Office 131 W. 14th P.O. Box 639 Lyndon, Kansas 66451 Re: Probate Code—Commitment of Sexually Violent Predators— Commitment of Sexually Violent Predators; County Reimbursed for Costs; …

A building or structure constructed so that it abuts an existing building or that incorporates structural components of a previously existing building or structure may be deemed as “separate” and “newly-constructed” under K.S.A. 12-17,162(p) and may be viewed as a “museum facility.”

December 28, 2017 ATTORNEY GENERAL OPINION NO. 2017-20 The Honorable Blaine Finch State Representative, 59th District 101 W. Second St. Ottawa, KS 66067 Re: State Departments; Public Officers and Employees—Public Officers and Employees; Open Public Meetings—Closed or Executive Me…

A member of the State Banking Board who was appointed to fill a vacancy in an unexpired term and who was subsequently reappointed to serve another term, has served two terms, and therefore, is ineligible under K.S.A. 74-3004 for reappointment.

Cities and counties may use home rule to enact an ordinance or resolution that prohibits the sale of cigarettes and tobacco products to persons less than 21 years of age.

It is unlawful for a person 18 to 20 years of age to carry a concealed handgun except when on the person’s land or in the person’s abode or fixed place of business.

November 20, 2017 ATTORNEY GENERAL OPINION NO. 2017- 17 Tamara Niles City Attorney, City of Arkansas City 125 W. 5th Ave. Arkansas City, KS 67005 Re: Unfair Trade and Consumer Protection—Consumer Protection; Kansas Roofing Registration Act—Kansas Roofing Registration Act; Exempti…

K.S.A. 20-2906(a) prohibits a member of the district judicial nominating commission from concurrently holding an office in a political party but not from holding a public office. Attorney General Opinion No. 94-10 is hereby withdrawn.

K.S.A. 2017 Supp. 12-192(e) authorizes a city to use apportioned revenue received from the county’s imposition of a countywide retailers’ sales tax for public purposes. Further, there is nothing in Kansas law that requires a city to spend the excess revenue on the items specifically listed on the ballot proposition that was submitted to the electors to authorize the tax. Therefore, a city may use such excess revenue deposited in the general fund for public purposes.

The cap on mortgage recording fees found in K.S.A. 2016 Supp. 28-115(j) applies to original mortgages as well as refinanced mortgages. Cited herein: K.S.A. 2016 Supp. 28-115; K.S.A. 2016 Supp. 79-3102.

Fire districts organized under K.S.A. 19-3601 et seq. may be consolidated under the statutory scheme provided by K.S.A. 12-3910 et seq. An election pursuant to K.S.A. 2016 Supp. 12-3913(a) shall be held within 90 days. K.S.A. 2016 Supp. 12-3913 provides a specific grant of authority for the board of county commissioners to dissolve the fire districts being consolidated. The board of county commissioners is not mandated to apply the same tax twice on citizens to provide for the payment of outstanding indebtedness of a fire district being consolidated. Fire “districts” and “departments” are inte

K.S.A. 19-4625 does not specifically address how a county hospital’s debt should be paid upon termination of operation of the county hospital. It only provides that moneys remaining in any fund of the county hospital after termination of its operation and after payment and performance of any obligation thereof shall be transferred to the county general fund.

In counties with an election commissioner, the board of county commissioners is required to include in its budget the expenses necessary to pay salaries and operate the office of commissioner of elections, as certified by the election commissioner.

The Secretary of State is prohibited by Kansas law from releasing the last four digits of a registered voter’s Social Security number and also may not release the residence address of any registered voter who has properly requested that his or her address be concealed as allowed by statute. With those exceptions, Kansas law allows the Secretary of State, in his (or her) discretion, to release records containing the full name, date of birth, and party affiliation of a registered voter.

A township lacks authority to enact local laws or undertake any action not specifically authorized by statute or the state constitution. Lacking such authority, a township may not adopt a uniform code by reference, nor do the provisions in K.S.A. 12-3301 et seq. for the adoption of such codes apply to townships.