Volume 45 - Issue 2 - January 8, 2026
State of Kansas
Attorney General
Opinions 2025-13 through 2025-26
Opinion 2025-13
Re: Cities and Municipalities – General Provisions – Countywide and City Retailers’ Sales Taxes
Counties and County Officers – General Provisions – Home Rule Powers; Limitations, Restrictions and Prohibitions; Procedure
Synopsis: 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 Board has exceeded its authority and that the resolution is null and void. Cited herein: K.S.A. 12-187; K.S.A. 19-101a. Issued July 21, 2025. KK / AS
Opinion 2025-14
Re: Intoxicating Liquors and Beverages – Miscellaneous – Hours and Days of Sale of Alcoholic Liquor and Cereal Malt Beverage; Local Option
Synopsis: 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. Cited herein: K.S.A. 41-2911. Issued July 24, 2025. KK / DC
Opinion 2025-15
Re: Cities and Municipalities – Local Residential Housing – Kansas Reinvestment Housing Incentive District Act – Exemption from Certain Requirements in a County under a Federal or State Disaster Declaration
Cities and Municipalities – Local Residential Housing – Kansas Reinvestment Housing Incentive District Act – Nullification of Plan, When
Synopsis: 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.
The provisions of K.S.A. 12-5246(c), which authorize other taxing entities to nullify or void a city or county’s establishment of a Reinvestment Housing Incentive District, apply even when the city or county is not required to hold a public hearing. This action must be taken with 30 days of the adoption of the ordinance or resolution establishing the district. Issued July 25, 2025. KK / DC
Opinion 2025-16
Re: Notaries Public and Commissioners – Revised Uniform Law on Notarial Acts – Authority to Perform Notarial Acts
Notaries Public and Commissioners – Revised Uniform Law on Notarial Acts – Notarial Act in Another State
Notaries Public and Commissioners – Revised Uniform Law on Notarial Acts – Acceptance of Tangible Copy of Electronic Record
Synopsis: K.S.A. 53-5a21 requires the notarial officer who executed the notarial certificate within an electronic record be the one who certifies the tangible copy of such record as accurate in order to satisfy any originality requirement by the register of deeds. K.S.A. 53-5a11 allows a notarial act performed in another state by someone authorized to perform notarial acts to have the same effect in Kansas as when a Kansas notarial officer performs a notarial act. When the original certification in the electronic record is performed by an out-of-state notarial officer, K.S.A. 53-5a11 and 5a21 together mean this notarial officer must be the one to certify the accuracy of the tangible copy to receive the benefit of K.S.A. 53-5a21. Cited herein: K.S.A. 53-5a04; K.S.A. 53-5a11; K.S.A. 53-5a21. Issued July 30, 2025. KK / RO
Opinion 2025-17
Re: Procedure, Civil – Rules of Civil Procedure – Subpoenas
Procedure, Civil – Rules of Civil Procedure – Subpoenas of nonparty records
Courts – Contempts of Court – Indirect contempt; procedure
Synopsis: Law enforcement subpoenas and warrants that comply with regulations regarding disclosure of protected health information (PHI) promulgated under the Health Insurance Portability and Accountability Act (HIPAA) create a legal obligation on Kansas healthcare providers to disclose such information. A healthcare provider may not require a law enforcement agency to sign an agreement to be bound by HIPAA’s disclosure requirements before the provider discloses PHI to law enforcement as required by law. Withholding PHI that is required to be disclosed based on such a contingency may subject the healthcare provider to adverse action, such as contempt. Moreover, a healthcare provider may not rely on inapplicable out-of-state disclosure restrictions that are more stringent than HIPAA to avoid compliance with Kansas subpoenas and court orders requiring disclosure of PHI. Cited herein: K.S.A. 60-245; K.S.A. 20-1204a; 42 U.S.C. §§ 1320d-5, 1320d-6, 1395x; 45 C.F.R. §§ 160.103, 160.202, 160.203, 164.103, 164.104, 164.502, 164.512. Issued August 12, 2025. KK / AL
Opinion 2025-18
Re: Cities and Municipalities – Public Recreation and Playgrounds – Recreation Commission; Membership; Selection; Existing Commissions
Synopsis: 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. Cited herein: K.S.A. 12-1907 (1979); K.S.A. 12-1926. Issued August 12, 2025. KK / DC
Opinion 2025-19
Re: Elections – Election and Terms of State Officers – Governor and Lieutenant Governor; Nomination and Election Jointly
Elections – Election and Terms of State Officers – Governor and Lieutenant Governor; Filing of Nomination Petitions or Declaration of Intention to Become Candidates; Deadline for Filing
Elections – Election and Terms of State Officers – Governor and Lieutenant Governor; Declaration; Fee
Synopsis: 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 become candidates. Cited herein: K.S.A. 25-4003; 25-4004; 25-4006. Issued August 29, 2025. KK / AS
Opinion 2025-20
Re: Corporations – Professional Corporations – Incorporators; Articles of Incorporation; Regulating Boards to Issue Certificates
Corporations – Professional Corporations – Valuation and Purchase of Shares Upon Death or Disqualification of Shareholder; Procedure; Conversion to a General Business Corporation
Corporations – Professional Corporations; Forfeiture of Corporate Right, When; Trustees, Powers
Livestock and Domestic Animals – Registration of Veterinarians – Practice Without License Prohibited
Livestock and Domestic Animals – Registration of Veterinarians – Registration of Veterinarian Premises
Public Health – Regulation of Dentists and Dental Hygienists – License Required to Practice Dentistry or Dental Hygiene
Public Health – Regulation of Dentists and Dental Hygienists – Selling or Closing Dental Practice of Deceased or Substantially Disable Dentist
Public Health – Healing Arts – Prerequisite to Practice a Profession Regulated by the Board
Public Health – Healing Arts – Certain Acts Prohibited
Synopsis: An unlicensed heir cannot own a doctor’s, veterinarian’s, or dentist’s office and a hire a licensed practitioner to run the practice. K.S.A. 65-2803(a) prohibits anyone from practicing medicine without a license, and K.S.A. 65-2867(a) prohibits an unlicensed person from maintaining a doctor’s office. Similarly, K.S.A. 47-817 prohibits a person from practicing veterinarian medicine without a valid license, and K.S.A. 47-840(e) prohibits a veterinary practice from being run by an unlicensed person. The licensing statutes do not provide what steps an unlicensed heir must take upon inheriting a practice. We believe the answer can be found in the Kansas professional corporation code. K.S.A. 17-2719 requires a professional corporation to forfeit its articles of incorporation if, at the end of the calendar year, an unlicensed individual has held ownership issues for the previous 12 months. Thus, an unlicensed heir must divest himself or herself any ownership interest in that time frame. K.S.A. 65-1421 requires anyone practicing dentistry to be licensed. K.S.A. 65-1424(b) allows an unlicensed heir to hire a dentist to run the practice for no more than 18 months, while the heir sells or closes the practice. If the heir can show a good faith effort to do so, the Kansas Dental Board can authorize up to two 6-month extensions. Though K.S.A. 65-1424(b) seems to conflict with K.S.A. 17-2719’s timeframe, K.S.A. 65-1424(b) controls as it is the more specific statute. While an unlicensed heir cannot own or operate a licensed practice, nothing in the law prevents the heir from owning the land or building and leasing them to a licensed provided to run a practice. Cited herein: K.S.A. 17-2706; 17-2707; 17-2708; 17-2709; 17-2712; 17-2713; 17-2714; 17-2717; 17-2719; 17-6001; 17-7668; 47-817; 47-840; 47-834; 65-1421; 65-1424; 65-1425; 65-2803; 65-2867; 65-2869. Issued September 8, 2025. KK / AL
Opinion 2025-21
Re: Corporations – Agricultural Corporations – Swine Production Facilities; Establishment in County; Procedure
Kansas Uniform Partnership Act – Limited Liability Partnership – Statement of Qualification
Synopsis: 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. Cited herein: K.S.A. 17-5903; 17-5904; 17-5908; 56-1a101; 56a-101; 56a-1001. Issued August 18, 2025. KK / DC
Opinion 2025-22
Re: Insurance – Public Adjusters Licensing Act – Definitions
Insurance – Public Adjusters Licensing Act – License Required; Limitations; Exceptions
Synopsis: 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. Issued September 18, 2025. KK / AS
Opinion 2025-23
Re: Crimes and Punishments – Crimes Affecting Public Trust – Official Misconduct
Synopsis: 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. Cited herein: K.S.A. 21-6001; 21-6002. Issued October 2, 2025. KK / AS
Opinion 2025-24
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. 79-2988(b)(2) states a governing body seeking to exceed the revenue neutral rate shall notify the county clerk about the date, time, and location of the public hearing on or before July 20. Because the Sedan City Clerk notified the Chautauqua County Clerk of a new hearing date less than 10 days before September 2, 2025, this statutory requirement was not met. Thus, the county clerk lacked statutory authority to send out a second notice. But, in a situation where a public hearing is rescheduled and the governing body notifies the county clerk on or before July 20, nothing prevents the county clerk from sending out a notice with the new hearing date. Cited herein: K.S.A. 79-2988. Issued December 16, 2025. KK / RO
Opinion 2025-25
Re: Elections – Voting Places and Materials Therefore – Preservation of Ballots and Election Records
Synopsis: 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. Cited herein: K.S.A. 25-2708. Issued December 16, 2025. KK / AP
Opinion 2025-26
Re: Criminal Procedure – Uniform Criminal Extradition Act – Fugitives from Justice; Duty of Governor
Synopsis: Kansas does not have discretion to refuse extraditions of fugitives under Article 4, Section 2 of the United States Constitution or the Uniform Criminal Extradition Act, K.S.A. 22-2701, et seq. The Governor may request that the demanding state enter into an executive agreement, conditioning extradition on the demanding state’s agreement not seek the death penalty. But the demanding state may not be forced to enter into any executive agreements. Ultimately, the enforceability of such an agreement is questionable given Article IV, Section 2; the inherent roles of distinct elected officials; and the changes in the Kansas Governor over time. Additionally, Kansas may seek extradition of a capital defendant in the future, and limiting extradition of capital defendants from this State may present problems in those cases. Cited herein: U.S. Const. Art. IV, § 2; K.S.A. 22-2701 et seq. Issued December 29, 2025. KK / TW
Kris W. Kobach
Attorney General
State of Kansas
Doc. No. 053768
