Volume 44 - Issue 28 - July 10, 2025
State of Kansas
Attorney General
Opinions 2025-1 through 2025-12
Opinion 2025-1
Re: State Boards, Commissions and Authorities – State Board of Cosmetology – Kansas State Board of Cosmetology; Appointment; Qualifications
Synopsis: 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. Cited herein: K.S.A. 74-2701. Issued January 13, 2025. KK/AS
Opinion 2025-2
Re: Constitution of the State of Kansas – Legislative – Approval of Bills; Vetoes; Governor’s Line-item Veto Power
Synopsis: 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. Issued January 24, 2025. KK/AP
Opinion 2025-3
Re: Counties and County Officers – Hospitals and Related Facilities – Hospital Board
Synopsis: 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. Cited herein: K.S.A. 19-4605; 19-4610; Kan. Const., Art. 2, § 18. Issued February 6, 2025. KK/AL
Opinion 2025-4
Re: Counties and County Officers – County Attorney – Opinions and Advice to County
Counties and County Officers – County Commissioners – County Counselor
Synopsis: 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. Cited herein: K.S.A. 19-247; 19-248; 19-702; 19-704. Issued February 7, 2025. KK/DC
Opinion 2025-5
Re: Schools – School District Employment Contracts
State Boards, Commissions, and Authorities – Public Employees Retirement Systems – State School Retirement System Merger into KPERS
Synopsis: The purpose of continuing contract law is to prevent any uncertainty or controversy regarding the status of a teacher’s continued employment by treating the time between the end of a teaching contract and the beginning of the renewed contract as part of continued employment. Continuing contract law does not apply after a contract’s term ends when the teacher has provided the school with proper notice of nonrenewal. After a contract ends and is not renewed, the teacher is no longer considered employed by the school. The teacher is entitled to receive all benefits from the contract but is not entitled to continued voluntary benefits like optional group life insurance. Thus, Barton County Community College is not required to withhold and remit premiums for optional group life insurance to Kansas Public Employees Retirement System after a teacher on a nine-month contract provides notice of nonrenewal of the contract and the contract’s term ends. Cited herein: K.S.A. 72-2251; K.S.A. 74-4940. Issued February 20, 2025. KK/RO
Opinion 2025-6
Re: Automobiles and Other Vehicles – Uniform Act Regulating Traffic; Rules of the Road – Miscellaneous Traffic Rules – Driving Upon Sidewalk
Synopsis: K.S.A. 8-1575 prohibits a person from driving a golf cart on a sidewalk. Whether a particular pathway constitutes a “sidewalk” depends on the facts. A city may not exempt itself from this statute by enacting a charter ordinance. Cited herein: K.S.A. 8-2001; 8-1465; 8-1575; Kan. Const., Art. 12, § 5. Issued February 27, 2025. KK/DC
Opinion 2025-7
Re: Automobiles and Other Vehicles – Licensure of Vehicle Sales and Manufacture – Licensure of Vehicle Sales and Manufacture; Definitions
Automobiles and Other Vehicles – Licensure of Vehicle Sales and Manufacture – License Required
Automobiles and Other Vehicles – Licensure of Vehicle Sales and Manufacture – Ownership and Operation of New Vehicle Dealership by Certain Entities Prohibited; Exceptions
Automobiles and Other Vehicles – Licensure of Vehicle Sales and Manufacture – Delivery of Motor Vehicles to Persons in State; Who Authorized to Deliver
Synopsis: The Kansas Vehicle Dealers and Manufacturers Licensing Act is an all-encompassing licensing regime for the sale of motor vehicles in Kansas. Because the Act permits only dealers that operate under an agreement with a manufacturer or distributor to obtain a license to sell new vehicles, a manufacturer may not engage in direct-to-consumer retail sales. Cited herein: K.S.A 8-2401; K.S.A. 8-2404; K.S.A. 8-2438; K.S.A. 8-2439. Issued March 24, 2025. KK/AS
Opinion 2025-8
Re: Cities and Municipalities – Miscellaneous Provisions
Crimes and Punishments – Kansas Criminal Code – Crimes Against Persons
Statutes; Administrative Rules and Regulations and Procedure – Statutory Construction
Synopsis: The Kansas City, Kansas Community Identification Act adopted by the Unified Government does not facially violate K.S.A. 21-5432(a)(1). Because the person providing a Community ID card would not necessarily know an applicant’s immigration status, the person would likely lack the mens rea required under K.S.A. 21-5432(a)(1)(A). Additionally, it would be difficult for anyone to violate K.S.A. 21-5432(a)(1)(C) because it is unlikely the person providing the Community ID card as provided in the ordinance would ever know an applicant was being exploited for the financial gain of another. However, it is possible, in particular instances where this information is known, issuance of the card could violate the law.
A similar reasoning applies to a person possessing the Community ID card. Because a Community ID card does not purport to establish a person’s legal presence in the United States, and because a Community ID card applicant must give identifying and residence information to a government entity, mere possession of a Community ID card cannot amount to the bearer harboring or concealing oneself.
However, the Community ID card program does implicate 8 U.S.C. §1324(a)(1)(A)(iv), which makes it a crime to “encourage[ ] or induce[ ] an alien to come to, enter, or reside in the United States, knowing or in reckless disregard of the fact that such coming to, entry, or residence is or will be in violation of law.” The Unified Government clearly intended to facilitate the continued unlawful presence of illegal aliens when it acted to create the Community ID card program. The program therefore stands as an obstacle to accomplishment of Congress’s objectives and is likely preempted.
The ordinance is also subject to the provisions of K.S.A. 77-207 as the ordinance requires the collection of “vital statistics.” Cited herein: K.S.A. 12-16,139; K.S.A. 12-16,140; K.S.A. 12-16,142; K.S.A. 21-5108; K.S.A. 21-5202; K.S.A. 21-5432; K.S.A. 77-207; 8 U.S.C. § 1324. Issued April 17, 2025. KK/RO
Opinion 2025-9
Re: Cities and Municipalities – General Provisions – Countywide and City Retailers’ Sales Taxes
Cities and Municipalities – General Provisions – Apportionment of Revenue from Countywide Retailers’ Sales Tax Between County and Cities Located Therein
Counties and County Officers – General Provisions – Home Rule Powers
Elections – Official Ballots – Ballot Language, Phrasing
Synopsis: The Morton County Board of Commissioners adopted a resolution placing a ballot measure before the electors regarding a countywide 1% retailers’ sales tax to fund the county hospital. The resolution cited K.S.A. 2014 Supp. 12-187(b)(1), a general tax provision, rather than K.S.A. 2014 Supp. 12-187(b)(5), which specifically addresses funding health care services. The voters approved the measure. After the voters approved the measure, but before adopting the tax, the Board passed and published an amended resolution correcting the authorizing provision to be K.S.A. 2014 Supp. 12-187(b)(5). But the Kansas Department of Revenue (KDOR) informed the Board that it would divide the revenue between the County and the county municipalities, per the requirements of K.S.A. 2014 Supp. 12-187(b)(1) and K.S.A. 2014 Supp. 12-192(a).
It is apparent the Board intended to implement this tax under K.S.A. 2014 Supp. 12-187(b)(5), and any citation to K.S.A. 2014 Supp. 12-187(b)(1) was a clerical error that should not defeat this intent. K.S.A. 2014 Supp. 12-187 does not require the authorizing statutory subsection to be listed. K.S.A. 2014 Supp. 12-187(g) lists the required information to be placed on the ballot measure. The statutory subsection is not included. K.S.A. 25-605a requires all ballot questions to be written in such a way that electors understand a “yes” vote indicates approval of the matter. Here, the ballot question was phrased in such a way that the electors understood a “yes” vote was a vote to approve a countywide 1% retailers’ sales tax to fund the county hospital. Under K.S.A. 2014 Supp. 12-192(d)(2), revenue raised from a retailers’ sales tax for health care services is remitted to the county, rather than divided between the county and the county municipalities.
The sales tax approved by the electors was to fund the county hospital. KDOR should remit all revenue collected from the tax to the County to fund the county hospital. Cited herein: K.S.A. 12-187; K.S.A. 12-192; K.S.A. 19-101a; K.S.A. 25-605a. Issued May 19, 2025. KK/RO
Opinion 2025-10
Re: Schools – School District Board of Education Powers and Duties – Boards of Education; Meeting Times; Quorum; Abstention from Voting; General Powers; Legal Counsel for Officers and Employees
Schools – School District Bonds and Capital Improvement State Aid – General Obligation Bonds; Purpose for Issuance; When Election Required; Contest of Validity; Limitations; Temporary Notes, Tax Levy
Schools – Capital Outlay State Aid—Capital Outlay Fund; Use of Moneys; Investments Authorized
Synopsis: 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. Cited herein: K.S.A. 72-1138; K.S.A. 72-3216; K.S.A. 72-5457; K.S.A. 72-53,116. Issued May 28, 2025. KK/AL
Opinion 2025-11
Re: Legislature – State-Tribal Relations – Negotiation of Compacts; Submission to Legislature; Approval or Rejection; Attorney General as Legal Counsel; Compact Provisions; Report of Governor to Legislature
Legislature – State-Tribal Relations – Negotiation of Sports Wagering Compacts
State Boards, Commissions and Authorities – State Lottery – Definitions
State Boards, Commissions and Authorities – State Lottery – Lottery Gaming Facilities; Gaming Zones; Gaming Facility Management Contract Requirements; Privilege Fees
Synopsis: 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 entering into additional management contracts or designating additional areas of the State for gaming by lottery gaming facilities and similar gaming facilities. Because KELA and the management contracts do not prohibit efforts that further tribal gaming under IGRA, they do not prohibit negotiating with the Wyandotte Nation over a compact. And sports wagering is eligible to be included in any compact with the Wyandotte Nation because Kansas currently permits this type of Class III gaming. Cited herein: K.S.A. 46-2302; K.S.A. 46-2305; K.S.A. 74-8702; K.S.A. 74-8734. Issued May 30, 2025. KK/AL
Opinion 2025-12
Re: State Departments; Public Officers and Employees – State Historical Society – State Historical Society; Acquisition and Disposition of Property
Synopsis: 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. Cited herein: K.S.A. 75-2701; K.S.A. 75-2756. Issued June 10, 2025. KK/AS
Kris W. Kobach
Attorney General
Doc. No. 053295
