Volume 43 - Issue 28 - July 11, 2024
State of Kansas
Attorney General
Opinion 2024-1
Re: Cities and Municipalities – Planning and Zoning – Planning, Zoning and Subdivision Regulations in Cities and Counties – Same; Subdivision Regulations; Adoption and Amendment
Synopsis: Although the Kansas Legislature may legally permit a city to impose its land subdivision requirements on county residents within three miles of city limits, it should be cautious when granting cities extraterritorial authority. Cited herein: K.S.A. 12-749. KK/KW
Opinion 2024-2
Re: Cities and Municipalities – Miscellaneous Provisions – Transient Guest Tax Act
Counties and County Officers – General Provisions – County Home Rule
Synopsis: The Transient Guest Tax Act is a nonuniform act. As such, a county may exempt itself from provisions of the Act under its home-rule powers through a charter ordinance or resolution. Sherman County’s Charter Resolution No. 18 was a permissible use of its statutory authority. However, once it exempted itself, Sherman County cannot then require the Kansas Department of Revenue to collect the tax. Cited herein: K.S.A. 12-1696; K.S.A. 12-1697; K.S.A. 12-1698; K.S.A. 12-1699; K.S.A. 12-16,113; K.S.A. 19-101; K.S.A. 19-101a; K.S.A. 19-101b; K.S.A. 75-704. KK/RO
Opinion 2024-3
Re: Elections – Election Crimes – Electioneering – Prosecution of Election Crimes
Crimes and Punishments – Sentencing – Classification of Misdemeanors and Terms of Confinement – Fines
Synopsis: County election officers may constitutionally prohibit electioneering on private property within 250 feet of a polling place on election day. Cited herein: K.S.A. 21-6602; 21-6611; 25-2430; 25-2435. KK/KW
Kris W. Kobach
Attorney General
Doc. No. 052277