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Publications iconKansas Register

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Volume 42 - Issue 27 - July 6, 2023

State of Kansas

Attorney General

Opinion 2022-8

Re: Counties and County Officers – County Commissioners – Eligibility to Office of Commissioner; State, County, Township or City Office; County Hospital Clinic Director; Incompatibility of Offices.

County and County Officers – Hospitals and Related Facilities – County Hospitals; Management of Hospital; Hospital Board; Powers and Duties of Board; Clinic Director; County Commissioner; Incompatibility of Offices September 14, 2022.

Synopsis: Sheridan County has established a hospital and provided for its governance by an elected board pursuant to K.S.A. 19-4601 et seq. K.S.A. 19-205 does not preclude a person employed in the hospital as a clinic director from serving as a county commissioner. The common law doctrine of incompatibility of offices does not preclude a person from concurrently serving as Sheridan County commissioner and clinic director. Cited herein: K.S.A. 19-205; 19-4601; 19-4605; 19-4606; 19-4607; 19-4610; 77-109. RDS

Opinion 2022-9

Re: Public Utilities – Miscellaneous Provisions – Kansas Energy Choice Act; Customer’s Use of Utility Service; Limitations on Municipalities Related Thereto December 12, 2022.

Synopsis: The Kansas Energy Choice Act prohibits city ordinances that restrict where propane or natural gas tanks may be used but does not prohibit the regulation of the size and placement of these tanks in all instances. Cities cannot directly enforce federal Occupational Safety and Health Administration regulations. Cited herein: K.S.A. 55-1802; K.S.A. 2022 Supp. 66-1288; Kan. Const., Art. 12, § 5. PK

Opinion 2023-1

Re: Waters and Watercourses – Appropriation of Water for Beneficial Use – Multi-Year Flex Accounts; Definitions, Establishment, Conditions; Term Permits; Fees Waters and Watercourses – Appropriation of Water for Beneficial Use – Kansas Water Banking Act January 6, 2023.

Synopsis: 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. Cited herein: K.S.A. 82a-736; 82a-761; 82a-762; 82a-763. KKW

Derek Schmidt
Former Attorney General

Doc. No. 051283

Secretary of State Seal