Kansas AG Opinions — 2020

The basis for determining the number of write-in votes required for a person’s name to appear on the general election ballot is the total of the current voter registration designated in the state, county or district in which the office is sought.

August 11, 2020 ATTORNEY GENERAL OPINION NO. 2020- 8 Hon. Kristey Williams Hon. Renee Erickson State Representative, 77th District State Representative, 87th District 506 Stone Lake Court 26 N. Cypress Dr. Augusta, KS 67010 Wichita, KS 67206 Hon. Ty Masterson Hon. Cheryl Helmer S…

Article 4, § 1 of the Kansas Constitution prescribes the methods by which votes may be cast but is silent on the method to be used for allocating votes and therefore does not prohibit the use of ranked-choice voting methodology.

A state of disaster emergency declaration may be ratified by concurrent resolution of the Legislature pursuant to K.S.A. 48-924.

K.S.A. 2019 Supp. 79-2925c allows a city or county to maintain a consistent level of funding in constant or real dollars. Any increase above that level, however, is subject to approval by the electorate, unless the increase falls within the provisions of subsection (b) of K.S.A. 2019 Supp. 79-2925c.

The cap on mortgage recording fees found in K.S.A. 2019 Supp. 28-115(j) applies to initial mortgages as well as second mortgages or successive subordinate lien mortgages. Further, the cap applies to the mortgage on the primary or main residence inhabited by the mortgagor, regardless of whether the mortgagor had a previously qualifying mortgage.

February 10, 2020 ATTORNEY GENERAL OPINION NO. 2020- 3 The Honorable Julia Lynn State Senator, 9th District State Capitol, Rm. 445-S Topeka, Kansas 66612 Re: State Departments; Public Officers and Employees—Department for Children and Families—Kansas Commission for the Deaf and H…

A physician licensed by the Kansas State Board of Healing Arts to practice medicine and surgery may delegate acts which would constitute the practice of healing arts to a person licensed by the Kansas State Board of Healing Arts as a physician assistant pursuant to a detailed plan of care with the physician. A physician licensed by the Kansas State Board Healing Arts to practice medicine and surgery may delegate acts which would constitute Mr. Daniel W. Peters Page 2

December 11, 2020 ATTORNEY GENERAL OPINION NO. 2020- 12 The Honorable Mark Samsel State Representative, Fifth District 508 E. 4th Street Wellsville, KS 66092 Re: Constitution of the State of Kansas—Legislative—Organization and Sessions Constitution of the State of Kansas—Miscella…

The Kansas statutes imposing residency requirements on persons seeking a license to sell liquor as a retailer or to sell liquor by the drink, K.S.A. 2020 Supp. 41-311 and 41-2623, facially discriminate against nonresidents. It is unlikely that the State could advance a legitimate local purpose for the requirements. Thus, the residency requirements in K.S.A. 2020 Supp. 41- 311 and K.S.A. 2020 Supp. 41-2623 would likely be found unconstitutional under the dormant Commerce Clause of the U.S. Constitution and are therefore unenforceable.

December 8, 2020 ATTORNEY GENERAL OPINION NO. 2020- 10 The Honorable Mary Jo Taylor State Senator, 33rd District 114 N. Union Stafford, KS 67578 Re: Cities and Municipalities—City Land Banks—City Land Banks; Exemption of Property from Taxation; Exceptions Synopsis: The county tre…

If a county imposes a countywide retailers’ sales tax to finance designated health care services, and a city within the county has not previously exercised its authority to impose a city retailers’ sales tax to finance health care services, no statutory provision authorizes remitting to a city that portion of the countywide tax revenue collected by retailers within such city. A county shall not use the sales tax revenues for any purpose other than the purpose specifically stated in the ballot proposition.