Volume 43 - Issue 1 - January 4, 2024
State of Kansas
Attorney General
Opinion 2023-4
Re: State Boards, Commissions and Authorities – Law Enforcement Training Center; Commission on Peace Officers’ Standards and Training – Tuition; Reimbursement of Tuition
Synopsis: K.S.A. 74-5609a(b) required that a city which employs a law enforcement officer within on year after the completion of that officer’s training reimburse the city that paid for the officer’s training. AP/KK
Opinion 2023-5
Re: Official Newspaper in Cities of Second and Third Classes; Qualifications; Kan. Const. Art. 12, § 5, Cities’ Powers of Home Rule
Synopsis: 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. AP/KK
Opinion 2023-6
Re: Banks and Banking; Trust Companies—Banking Code; Supervision; Commissioner—Examination of Records and Investigative Materials of Commissioner, Confidential; Disclosure
Banks and Banking; Trust Companies—Banking Code; Crimes and Punishments—Violation of Act; Commissioner or Deputy to Inform County or District Attorney
Synopsis: 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.
The disclosure of confidential information related to other suspected criminal violations is subject to the 10-day advance notice requirement in K.S.A. 2022 Supp. 9-1712(c), but this does not prevent the Bank Commissioner from ultimately reporting those violations. Cited herein: K.S.A. 2022 Supp. 9-519; 9-1712; 9-2014. CM/KK
Opinion 2023-7
Re: Personal and Real Property—First-Time Home Buyers Savings Account Act—Individual Savings Account
Synopsis: 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. Cited herein: K.S.A. 58-4902; K.S.A 58-4903 KK/RO
Opinion 2023-8
Re: Taxation—Miscellaneous Provisions—Budgets of Taxing Subdivision—Tax Levy; Approval to Exceed Revenue Neutral Rate by Taxing Subdivisions; Requirements; Notices and Contents
Synopsis: 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). Cited herein: K.S.A. 79-2988. KK/RO
Opinion 2023-9
Re: Elections—County Boards of Canvassers—Recount; When; Recount Procedure
Synopsis: 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. Cited herein: K.S.A. 25-2912; 25-3107. KK/DC
Opinion 2023-10
Re: Waters and Watercourses—Groundwater Management Districts—Legislative Declaration; Definitions; Board of Directors; Terms of Members; Vote for Actions; District Powers; Extension or Reduction of District Territory by Chief Engineer; No Limitation of Authority of Chief Engineer
State Departments; Public Officers and Employees—Public Officers and Employees—Open Public Meetings—Open Meetings Declared Policy of State; Citation of Act; Meetings of State and Subdivisions Open to Public; Closed or Executive Meetings; Conditions; Authorized Subjects for Discussion
Synopsis: 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. Cited herein: K.S.A. 75-4317; 75-4318; 75-4319; 82a-1020; 82a-1021; 82a-1027; 82a-1028; 82a-1033; 82a-1039. KK/KW
Opinion 2023-11
Re: Counties and County Officers—County Surveyor or Engineer—Recording of Survey Plats, When; Requirements
Personal and Real Property—Land Surveys—Review of Survey Plats; Requirements; Procedure; Costs; Recording of Plat, When
Synopsis: A register of deeds cannot require a submitting land surveyor to certify that a survey complies with all zoning ordinances and regulations. Cited herein: K.S.A. 19-1434; 58-2005. KK/KW
Opinion 2023-12
Re: Schools—Provisions Relating to the Use of School District Property—Disposition of closed school buildings; notice to legislature; adoption of concurrent resolution for state agency to acquire the school building; requirements
Synopsis: “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. KK/AP
Opinion 2023-13
Re: Elections—Original Canvass of Elections—Postelection Audit of Votes Cast; Procedure
Elections—Voting Procedure—Paper Ballot with Distinctive Watermark Required
Synopsis: Election officials conducting postelection audits must review the official paper ballots identified in K.S.A. 25-2912 rather than printed ballot images. Cited herein: K.S.A. 25-2912; 25-3009; 77-420; K.A.R. 7-47-1. KK/DC
Kris W. Kobach
Attorney General
Doc. No. 051763
