Kansas AG Opinions, 2025

February 20, 2025 ATTORNEY GENERAL OPINION NO. 2025-5 Dr. Marcus Garstecki Barton County Community College President 245 NE 30 Road Great Bend, Kansas 67530 Re: Schools—School District Employment Contracts State Boards, Commissions, and Authorities—Public Employees Retirement Sys…

When a county has established the position of county counselor and there is a temporary vacancy in that position, a county attorney is not prohibited from receiving a fee in addition to the county attorney’s salary for performing the duties of the county counselor on an interim basis.

The common law doctrine of incompatibility of office precludes a person from concurrently holding the positions of a county hospital board member and a physician in the same hospital.

December 29, 2025 ATTORNEY GENERAL OPINION NO. 2025-26 Justin Whitten General Counsel Kansas Governor Laura Kelly Room 541-E 300 SW 10th Ave. Topeka, KS 66612 Re: Criminal Procedure—Uniform Criminal Extradition Act—Fugitives from Justice; Duty of Governor Synopsis: Kansas does no…

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.

December 16, 2025 ATTORNEY GENERAL OPINION NO. 2025-24 Jeffrey Chubb Sedan City Attorney 204 E. Laurel P.O. Box 747 Independence, Kansas 67301 Re: Taxation—Miscellaneous Provisions—Budgets of Taxing Subdivisions Synopsis: K.S.A. 79-2988(b)’s use of the word “shall” is mandatory. …

K.S.A. 21-6002(b)(2) provides that “[u]pon conviction of official misconduct a public officer or employee shall forfeit such officer or employee’s office or employment.” Because the forfeiture is tied to the offense, and the offense is tied to the abuse of a specific position, the forfeiture is limited to the position held when the offense was committed.

The Public Adjusters Licensing Act defines public adjusting only in the context of helping to settle first-party claims under commercial lines insurance contracts. Because the Act has a narrow focus and does not prohibit public adjusting for claims under other types of insurance contracts, the Act neither regulates nor prohibits public adjusting for claims arising under residential lines insurance contracts. Cited herein: K.S.A. 40-5502; 40-5503.

A limited liability partnership is not a “limited partnership” that must obtain approval under K.S.A. 17-5908 in order to establish a swine production facility in a county.

September 8, 2025 ATTORNEY GENERAL OPINION NO. 2025-20 The Honorable Larry Alley State Senator, 32nd District State Capitol, Room 441-E Topeka, Kansas 66612 Re: Corporations—Professional Corporations—Incorporators; Articles of Incorporation; Regulating Boards to Issue Certificate…

The Governor’s use of the line-item veto to excise the questioned proviso contained within Section 2(a) of 2024 House Substitute for Senate Bill 387 while leaving the specific item of appropriation of $5 million exceeded the authority granted to the Governor under Article 2, Section 14(b) of the Constitution of the State of Kansas.

Because the candidates for Governor and Lieutenant Governor run together as a joint candidacy, a vacancy in one slot terminates the candidacy unless state law provides a means for filling the vacancy. When the vacancy occurs after the candidacy has filed for the primary election but before the filing deadline, the remaining member cannot fill the vacancy because no statute authorizes him to do so. But he may re-file as part of a new candidacy, which must fulfill all the statutory requirements for ballot access, including paying the full filing fee when submitting a declaration of intention to

Because the membership of the joint recreation commission between Independence and U.S.D. 446 was consistent with state law when it was established in 1979, K.S.A. 12-1926(b) allows the commission to continue as constituted, provided the majority of commissioners have not voted to reorganize the commission.

August 12, 2025 ATTORNEY GENERAL OPINION NO. 2025-17 Michael Kagay District Attorney Third Judicial District of Kansas 200 SE 7th Street, Suite 214 Topeka, Kansas 66603 Re: Procedure, Civil—Rules of Civil Procedure—Subpoenas Procedure, Civil—Rules of Civil Procedure—Subpoenas of …

July 30, 2025 ATTORNEY GENERAL OPINION NO. 2025-16 Mr. James R. Campbell Anderson County Counselor 511 Neosho St. Burlington, KS 66839 Re: Notaries Public and Commissioners—Revised Uniform Law on Notarial Acts—Authority to Perform Notarial Acts Notaries Public and Commissioners—R…

K.S.A. 12-5252(a) exempts cities in counties subject to the FEMA-1711- DR or FEMA-1699 disaster declarations and those counties from certain statutory requirements for the establishment of a Reinvestment Housing Incentive District, including the requirement of holding a public hearing on the proposal, but this exemption only applied prior to July 1, 2013.

K.S.A. 41-2911(b)(1) requires city ordinances authorizing Sunday sales of alcoholic liquor and cereal malt beverages to be published twice. If an adopted ordinance is defeated by protest petition but subsequently included in a new compilation of the city code that is only published once, the city has not validly authorized Sunday sales.

The Board of County Commissioners of Johnson County recently enacted a resolution that purports to place the renewal of an existing sales tax under K.S.A. 12-187(b)(21)—which authorizes a tax to fund the construction and operation of public safety projects—on the November 2025 ballot. The resolution seeks to fund, among other things, mental health services and emergency medical services. Because the resolution tries to fund measures that do not qualify as public safety projects and it would fund different projects than that for which the existing tax was enacted, a court would find that the Bo

A recent bill in the Kansas House of Representatives—2025 House Bill 2384—would authorize the Kansas State Historical Society to transfer the Shawnee Indian Mission in Fairway to the Shawnee Tribe. Certain restrictions would be included in the deeds and conveyances. If the Mission were transferred to the Tribe, then the restrictions could be enforced against the Tribe if it clearly and unequivocally waived its sovereign immunity.

The Wyandotte Nation, a federally recognized tribe, wants to negotiate in good faith with the State of Kansas for a gaming compact under the federal Indian Gaming Regulatory Act (IGRA) that would allow it to conduct Class III gaming on land in the State. Under the Kansas Expanded Lottery Act (KELA), the State Lottery owns one casino in each of the four statutorily designated geographic areas, and each casino is managed by an outside entity. KELA and the governing management contracts for these casinos prevent the State from Justin H. Whitten Page 2

Kansas law allows a school district board of education to expend funds to improve leased property. General obligation bonds may fund improvements to leased properties that are necessary for school district purposes. However, capital outlay funds may not be used to improve leased properties.

As a race-based classification, the requirement that the State Board of Cosmetology have at least one African-American member is constitutional only if it is narrowly tailored to achieve a compelling government interest.