Kansas AG Opinions — 2023

If an election recount requestor asks for a hand count of the original paper ballots, the recount must be conducted in that manner and not by using ballot images instead.

K.S.A. 79-2988(b)(2)’s use of “shall” is mandatory. As a result, a governing body of a taxing subdivision may not levy a tax rate in excess of the revenue neutral rate where the county clerk fails to timely send out the required notice to the taxpayers pursuant to K.S.A. 79-2988(b)(2).

A certificate of deposit qualifies as an individual savings account that may be designated as a first-time home buyers savings account under K.S.A. 58-4903. Although neither a savings account nor a certificate of deposit is defined by the statute, other sources shows a savings account is commonly understood to include a certificate of deposit.

The State Banking Code requires the Bank Commissioner to report criminal violations of the Banking Code to the county or district attorney of the county in which the bank or trust company is located. This includes information that would otherwise be considered confidential.

K.S.A. 12-1651(a) requires second and third class cities to designate an official city newspaper for the publishing of official city business, provided the newspaper meets the qualifications set forth in K.S.A. 12- 1651(b). However, under the home rule provisions of the Kansas Constitution, Kan. Const. Art. 12, § 5, which allows cities to exempt themselves from nonuniform acts of the legislature, a city may exempt itself by charter ordinance from the requirements set forth in K.S.A. 12-1651 because the statute is not uniformly applicable as it applies only to second- and third-class cities.

K.S.A. 74-5609a(b) requires that a city which employs a law enforcement officer within one year after the completion of that officer’s training reimburse the city that paid for the officer’s training.

The Kansas Automobile Insurance Plan and Kansas Automobile Assigned Claims Plan are subject to the Kansas Open Records Act and the Kansas Open Meetings Act.

SB 180, in conjunction with K.S.A. 8-243(a), requires that driver’s licenses issued by the Kansas Department of Revenue (KDOR) list the licensee’s biological sex at birth. If KDOR knows that the sex listed on an existing license does not reflect the licensee’s biological sex at birth (such as when KDOR has previously changed the sex on a person’s driver’s license), SB 180 requires KDOR to update its data set to reflect the licensee’s sex at birth and include that sex on any licenses it issues to that individual in the future.

Election officials conducting postelection audits must review the official paper ballots identified in K.S.A. 25-2912 rather than printed ballot images.

“Dispose of” (and like phrases) in 2023 House Sub. for S.B. 113, sections 4 and 11 (to be codified at K.S.A. 2023 Supp. 72-1439 and K.S.A. 2023 Supp. 72-3216(d)) means to deal with conclusively, give away or sell, or to get rid of a school district building. It does not include leasing or renting a building.

A register of deeds cannot require a submitting land surveyor to certify that a survey complies with all zoning ordinances and regulations.

Members of a public body may exclude other members of the body who have threatened litigation against the body from an executive session held to consult with the body’s attorney about the potential litigation.

Holders of groundwater rights may establish either a multi-year flex account or place their water in a safe deposit account in a water bank, but not both.