Attorney General Opinions

This page only contains an index of opinions of interest to law enforcement.
See All AG Opinions Here (Washburn University Webisite)
Opinions since 1/1/2011 are also on the AG's Website
OPINIONS ARE LISTED IN REVERSE DATE ORDER (NEWEST FIRST)

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NOTICE: AG Opinions are based on the law in effect at the time the opinion is rendered. Amendments to the cited statutes and new relevant case law occurring after the opinion is rendered may affect the applicability of the opinion under current law. It is wise to have your legal adviser, city/county attorney, or other attorney review the opinion in light of today's statutes and case law before applying AG Opinions to your decisions and actions. The older the opinion, the more likely the law forming the foundation of the opinion has changed.

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2022

Offender Registration: Retroactivity for 2011 amendments
2022-003
SYNOPSIS: Persons who were convicted of crimes for which registration was required under the Kansas Offender Registration Act (KORA) and who completed their 10-year registration periods prior to the effective date of the 2011 amendments to K.S.A. 22-4906 are not required to re-register and complete the longer periods of registration prescribed by L. 2011, ch. 95, § 6.​

DUI Diversion: CDL Licensed Operators
2022-002
SYNOPSIS: A driving under the influence (DUI) diversion is statutorily defined by K.S.A. 2021 Supp. 8-1567 as a “conviction,” meets the definition of “conviction” in K.S.A. 2021 Supp. 8-2,128 (h) and 49 C.F.R. § 383.5, appears on a commercial driver’s license (CDL) holder’s record and is posted on the Commercial Driver’s License Information System (CDLIS) by the Department of Revenue, Division of Vehicles, and therefore is lawful. Plea bargaining of a DUI charge that results in the avoidance of the numerous mandatory penalties of K.S.A. 2021 Supp. 8-1567 is prohibited. An amendment of a DUI charge committed by a CDL holder, pursuant to plea bargaining, irrespective of the merits, violates the masking prohibition in 49 C.F.R. § 384.226. Diversion of a traffic control law violation committed by a CDL holder, other than DUI, is not defined as a “conviction,” does not appear on a person’s​ ​record, and is not posted to the CDLIS, and therefore is prohibited. Plea bargaining or charging amendments of non-DUI traffic control law violations, committed by a CDL holder, that result in convictions for lesser or fewer violations are not prohibited by K.S.A. 2021 Supp. 8-2,150 but would violate 49 CFR § 384.226’s masking prohibition, unless done to conform with the evidence. 

2021

Delta-8 THC is a Schedule I Drug Except When Produced from Hemp and Contained Within a Lawful Hemp Product Having No More Than 0.3% Total THC Content
2021-004
SYNOPSIS: Delta-8 tetrahydrocannabinol (Delta-8 THC) comes within the definition of a Schedule I controlled substance and is unlawful to possess or sell in Kansas unless it is made from industrial hemp and is contained in a lawful hemp product having no more than 0.3% total tetrahydrocannabinols (THC). Unlawful hemp products include cigarettes, cigars, teas, and substances for use in vaping devices. Delta-8 THC derived from any source other than industrial hemp is a Schedule I controlled substance and unlawful to possess or sell in Kansas. Other federal and state laws and regulations place additional limits on the legality of products containing THC and other cannabinoids.

Public Auctions May Be Online Auctions
2021-003
SYNOPSIS: K.S.A. 79-2804 requires foreclosure sales be held by public auction. The requirement for public auction is satisfied by use of an online auction site with members of the public being allowed an in-person place in the county to observe or bid. Kansas law does not specifically require a public auction be held solely in person.

Scrap Metal Dealers Must Report Transactions of Catalytic Converters
2021-001
SYNOPSIS: A scrap metal dealer registered under the Scrap Metal Theft Reduction Act is required to submit information required by the Kansas Bureau of Investigation for each transaction. Such regulated scrap metal includes catalytic converters, as their primary value is derived from stainless steel and the platinum, palladium or rhodium contained in the core.

2020

State of Disaster Declarations
2020-008
SYNOPSIS: A state of disaster emergency declaration may be ratified by concurrent resolution of the Legislature pursuant to K.S.A. 48-924. A second or subsequent successive disaster emergency declaration arising from the same ongoing disaster is legally suspect, but whether a new state of emergency arises from a disaster will depend on the facts.

State of Disaster Declarations
2020-006
SYNOPSIS: Boards of county commissioners have statutory authority to issue an order relating to public health that is less stringent than the provisions of Executive Order 20-59, if the required statutory findings are made. Boards of county commissioners, acting as a county board of health, also have authority to review, amend, or revoke any orders issued by a local health officer as a result of an executive order of the governor. In addition, local public schools also may obtain such flexibility from their local school boards, which ordinarily have statutory and constitutional authority to adopt local policies governing matters such as wearing masks, social distancing, washing hands, and temperature taking in local schools, and Executive Order 20-59 has not displaced that preexisting local authority.

2019

Offender Registration: Juvenile
2019-006 Offender Registration; Juvenile Offender Registration
SYNOPSIS: A juvenile who is found guilty in an extended jurisdiction juvenile prosecution is convicted, not adjudicated, of the offense charged. Under the Kansas Offender Registration Act (KORA), the duty to register springs into existence by operation of law immediately upon the existence of statutorily prescribed conditions. Under the circumstances provided, the juvenile's duty to register pursuant to KORA arises once the offender's adult conviction is effective.

Concealed Carry: Prohibited Persons
2019-004 Are there circumstances in which the Attorney General would be obligated by statute to issue a concealed carry handgun license (“CCHL”) to a person who cannot legally possess a firearm under K.S.A. 2018 Supp. 21-6301
SYNOPSIS: The Attorney General may deny a concealed carry handgun license to an applicant for only the reasons stated in the Personal and Family Protection Act. The Act authorizes the Attorney General to deny a license to an individual who is prohibited from shipping, transporting, possessing or receiving a firearm or ammunition pursuant to 18 U.S.C. § 922(g). The Act does not permit the Attorney General to deny a license to an individual who has been convicted of criminal possession of a firearm pursuant to K.S.A. 2018 Supp. 21-6301(a)(15) through (18). Because 18 U.S.C. § 922(g)(2), (5), (8), and (9) and K.S.A. 2018 Supp. 21-6301(a)(15) through (18) do not criminalize the same conduct, there are situations in which an individual might have been convicted under K.S.A. 2018 Supp. 21-6301(a)(15) through (18) and qualify for a concealed carry handgun license.

Concealed Carry: Sign Requirements
2019-002 Restrictions on Carrying Concealed Handgun; Sign Requirements; Dormitory
SYNOPSIS: A one-story dormitory-type structure having a series of living/sleeping units, each with a separate exterior door, is a“building” under K.S.A. 2018 Supp. 75-7c10. The Personal and Family Protection Act requires that signage for such a structure be posted near all exterior doors of the building. Therefore, signage would need to be placed near the exterior door of each living/sleeping unit.

2018

2018-018 Filing of CINC Cases--Who is responsible for filing in counties with a county counselor
SYNOPSIS: When a board of county commissioners appoints a county counselor, all duties in civil matters, otherwise required by law of the county attorney, pass to the county counselor, including the filing of child in need of care petitions.

2018-016 Political Signs--Placement of Political Signs during Election Period; Constitutionality
SYNOPSIS:  K.S.A. 2018 Supp. 25-2711 [prohibiting cities and counties from regulating placement of political signs] does not abridge the freedom of speech and, therefore, is not subject to scrutiny under the First Amendment of the United States Constitution.

2018-015 Election Crimes—Disorderly Election Conduct; Intimidation of Voters; Electioneering
TOPIC: Election Crimes—Disorderly Election Conduct; Intimidation of Voters; Electioneering
SYNOPSIS:  The mere presence of a person offering non-partisan voter assistance, or signage advertising the same, within 250 feet of the entrance to a polling place does not constitute electioneering so long as such activities do not include acts prohibited by K.S.A. 2018 Supp. 25-2430(a). The offering of non-partisan voter assistance or signage advertising such assistance, by themselves, do not constitute unlawful disorderly election conduct or intimidation of voters unless the person or persons conducting such activities also engaged in conduct prohibited by K.S.A. 25-2413 or K.S.A. 2018 Supp. 25-2415, respectively. Whether the offering of non-partisan voter assistance and education, or the posting of signage advertising a non-partisan voter assistance hotline or website, constitutes the crimes of electioneering, disorderly election conduct, or intimidation of voters depends on the facts of each individual case.

A polling place is a nonpublic forum subject to reasonable restrictions on speech. The election board of each polling place is authorized to guide, manage, direct, and oversee the polling place to ensure that voting is conducted in an orderly manner.

2018-014 May Civil Asset Forfeiture Funds be used for salaries.
TOPIC: Asset Seizure and Forfeiture—Disposition of Forfeited Property; Use of Proceeds of Sale; Salary
SYNOPSIS:  Asset forfeiture funds credited to a special prosecutor’s trust fund pursuant to K.S.A. 2017 Supp. 60-4117(c)(3)(A) may be used to pay for salaries only if the county or district attorney or other governmental agency’s attorney determines the expenditure is for an appropriate and additional law enforcement and prosecutorial purpose, and the expenditure is supplemental to, but does not supplant, normal operating expenses.  However, if such salary subsequently becomes a “normal operating expenditure,” then such salary shall not be paid from the special prosecutor’s trust fund.

2018-010 Is cannabidiol (also known as CBD) oil that does not contain tetrahydrocannabinol (THC) legal to possess and/or sell in Kansas?
TOPIC: Unlawful Possession of Controlled Substances; Cannabidiol
SYNOPSIS:  Effective May 24, 2018, it is not unlawful under Kansas state law to possess or sell products or substances containing any amount of cannabidiol. Further, Epidiolex is a Schedule IV drug and is excluded from the definition of “marijuana” under subsection (2) of K.S.A. 2018 Supp. 65-4101(aa) and 21-5701(j). It is important to note that the changes in law regarding cannabidiol have not changed the law regarding other controlled substances. For instance, it remains unlawful to possess or sell products or substances containing a Schedule I controlled substance, such as any amount of tetrahydrocannabinol.

2018-005 Is cannabidiol (also known as CBD) oil that does not contain tetrahydrocannabinol (THC) legal to possess and/or sell in Kansas?
SEE UPDATED INFORMATION IN OPINION 2018-10.
TOPIC: Unlawful Possession of Controlled Substances; Cannabidiol
SYNOPSIS:  Under Kansas law, it is unlawful to possess or sell products or substances containing any amount of cannabidiol. It also is unlawful to possess or sell products or substances containing any amount of tetrahydrocannabinol.

NOTE: Portions of this opinion may not be valid after 2018 SB282 becomes effective on May 3, 2018. That bill changes the definition in the drug schedules and in the criminal code to allow CBD with no THC. See the more recent opinion, 2018-010 (above), based on 2018 SB282.

2017

2017-018  Regulation of the Manner of Carrying of a Firearm by a Person Age 18, 19, or 20.
TOPIC:  Firearms‒Criminal Carrying of a Weapon; Personal and Family Protection Act; License to Carry Concealed Handgun.
Synopsis: It is unlawful for a person 18 to 20 years of age to carry a concealed handgun except when on the person’s land or in the person’s abode or fixed place of business.

2017-009  Regulation of the Manner of Carrying of a Firearm on a College Campus
TOPIC:  Firearms‒Personal and Family Protection Act; License to Carry Concealed Handgun.
Synopsis: A state university policy requiring concealed handguns carried on campus to be carried without a round in the chamber does not violate K.S.A. 2016 Supp. 75-7c03(a).

2017-007  ENFORCEMENT OF COUNTY ANTI-NEPOTISM PERSONNEL RULES ON EMPLOYEES OF AN ELECTED OFFICIAL
TOPIC:  Counties and County Officers—Budget; Limitation of Personnel Action.
Synopsis: A board of county commissioners does not have legal authority to supersede another elected county official’s power to appoint, promote, demote, or dismiss his or her personnel.

2017-004  SEXUALLY VIOLENT PREDATOR JAIL EXPENSES
TOPIC:  Sexually Violent Predators: County Reimbursed for Costs; Responsibility for Costs of Medical Care and Treatment.
Synopsis: A county responsible for costs relating to the custody of a person awaiting determination of a civil commitment proceeding pursuant to the Kansas Sexually Violent Predator Act may seek reimbursement for such costs and expenses from the sexually violent predator expense fund or by presenting a claim against the state pursuant to K.S.A. 2016 Supp.5929a04(e).  Such county may not seek reimbursement for medical costs from the sexually violent predator expense fund or by presenting a claim against the state.

2016

2016-021  SEXUAL ASSAULT EXAMINATIONS
TOPIC:  Qualified Persons at Medical Care Facilities to Examine Victims of Sexual Offenses, When; Remedy for Refusal; Costs, Consent and Notice.
Synopsis: Pursuant to K.S.A. 2016 Supp. 65-448, the victim or any law enforcement officer with the written consent of the reported victim may request a sexual assault examination and collection of a sexual assault kit for the purpose of gathering evidence of the enumerated crimes. The county where the alleged offense was committed is the responsible party to pay for such examination and sexual assault collection kit but may seek reimbursement as court costs from the convicted defendant for the costs paid by the county. In order to verify the validity of an invoice from the hospital or medical care facility, the county may request non-individually identifiable information associated with the victim to establish a sexual assault examination was conducted and a sexual assault kit was collected pursuant to K.S.A. 2016 Supp. 65-448. A minor, by statute, is competent to give or refuse consent for a sexual assault examination and collection of a sexual assault kit for the purpose of gathering evidence of the enumerated crimes. The hospital or medical care facility shall give written notice to the parent or guardian of a minor that such an examination has taken place even when the parent or guardian is the alleged assailant.

2016-020 POLICE OFFICER HOLDING ELECTED OFFICE
TOPIC:  Eligibility to Office of Commissioner; City Office; Police Officer.
Synopsis: A  person who serves as a police officer holds a city office.  Therefore, a person who serves as a city police officer is prohibited by K.S.A. 19-205 from serving as a county commissioner.

2016-019 JUVENILE CUSTODY: LEO AND INTAKE
TOPIC:  Kansas Juvenile Justice Code—Juvenile Taken Into Custody, When; Procedure. Juvenile Intake and Assessment System; Dispositional Alternatives; Custody of Child; Conditions of Release.
Synopsis: A juvenile intake and assessment center never obtains legal custody over a juvenile brought to the center by a law enforcement officer.

2016-017 FIREARMS AND KNIVES
TOPIC:  Firearms and Knives: 1) Knives and Knife Making Components; Regulation by Municipality, Limitations. 2) State Departments; Public Officers and Employees‒Firearms‒Personal and Family Protection Act; Restrictions on Carrying a Concealed Handgun; Concealed Handguns in Public Buildings.
Synopsis: A state agency may adopt personnel policies to require an employee to disclose whether the employee is carrying a concealed handgun while in the workplace or while otherwise engaged in work duties. A state agency may restrict the type of knife that an employee may carry while in the workplace or while otherwise engaged in work duties.

2016-016 RANDOM DRUG TESTS OF PUBLIC EMPLOYEES AND ELECTED OFFICIALS
TOPIC:  Applicability of County Personnel Policies on random drug testing to elected county officials.
Synopsis: In the absence of a requisite showing that a county has a special need to conduct random drug testing of all county employees, a county's personnel policy and procedure requiring random drug testing would violate the Fourth Amendment to the United States Constitution and § 15 of the Bill of Rights of the Constitution of the State of Kansas. A board of county commissioners does not have legal authority to subject a county clerk, county treasurer, county sheriff or county register of deeds to personnel policies and procedures requiring random drug testing.

2016-015 FIREARMS: RESTRICTED ACCESS ENTRANCES
TOPIC:  Firearms‒Personal and Family Protection Act; Restrictions on Carrying Concealed Handgun; Concealed Handguns in Public Buildings and Areas; Authorization for Restricted Access Entrances
Synopsis: A state university may not ban concealed carry within a university building by designating the entire building as a restricted access building. The Personal and Family Protection Act (PFPA) only allows employees and persons who obtain authorization pursuant to K.S.A. 2016 Supp. 757c20(d)(2)(A) through (C) to enter a state or municipal building through a restricted access entrance without passing through security measures at public entrances. A state university may adopt rules governing the manner in which concealed handguns are carried within university buildings.

2016-009 FIREARMS: STATE OWNED OR STATE LEASED HOSPITALS
TOPIC:  State Owned or State Leased Medical Facilities and Firearms and Ammunition; Regulation by City or County, Limitations; State Departments; Public Officers and Employees‒Firearms‒Personal and Family Protection Act; Restrictions on Carrying Concealed Handgun; Certain Local Ordinances and Resolutions Inapplicable; Concealed Handguns in Public Buildings 
Synopsis: A state-owned or leased medical care facility must either allow concealed carry inside the facility or install adequate security measures and post signage to prohibit concealed carry, unless the facility has temporarily exempted itself from the provisions of K.S.A. 2015 Supp. 75-7c20. After any such exemption expires, a state-owned or leased medical care facility must comply with the provisions of K.S.A. 2015 Supp. 75-7c20. If concealed carry is allowed inside a state-owned or leased medical care facility, the facility may regulate the manner of carrying concealed handguns inside the facility. Medical personnel of a state-owned or leased medical care facility may require patients to temporarily store concealed handguns during medical treatment.

2016-005 FIREARMS: CONCEALED CARRY IN SCHOOLS
Topic: Firearms—Personal and Family Protection Act; Employees Permitted to Carry
Synopsis: A public school district employee without a Kansas concealed carry license violates the Gun-Free School Zones Act by carrying a concealed handgun inside a school zone unless a federal statutory exception applies, notwithstanding the Kansas law that allows public school districts to permit concealed carry by school employees inside school buildings..

2016-001 REGISTERED OFFENDERS
Topic: Criminal Procedure—Offender Registration—Duties of Sheriff and Duties of Offender Required to Register
Synopsis: The Kansas Offender Registration Act requires the registering law enforcement
agency to register and verify registration of civilly committed sexually violent predators receiving care and treatment and residing at a special hospital located in the county.

2015

2015-017
Topic: Firearms‒Personal and Family Protection Act; Restrictions on Carrying a Concealed Handgun; Concealed Handguns in Public Buildings
Synopsis: The Personal and Family Protection Act (PFPA) does not authorize a city to adopt a “prescreen” process whereby certain members of the public may apply to be approved to bypass security measures at the public entrances to the city hall.

2015-014  
Topic: 1. Crimes and Punishments‒Crimes Against the Public Safety‒Criminal Use of Weapons 2. Unfair Trade and Consumer Protection‒Manufacturers of Firearms, Firearms Accessories, Ammunition‒Second Amendment Protection Act; Personal Firearms, Accessories and Ammunition Manufactured in Kansas
Synopsis: The defense of compliance with the National Firearms Act (NFA) is available to a person in possession of a firearm sound suppressor that is manufactured in Kansas and remains within Kansas state borders. State law requires a person to comply with the NFA if he or she wishes to lawfully possess any firearm sound suppressor in Kansas, including those that are manufactured in Kansas and remain within Kansas state borders.

2015-011 Concealed Carry: Public Buildings Leased in Their Entirety to Private Entity
Topic: State Departments; Public Officers and Employees‒Firearms‒Personal and Family Protection Act; Restrictions on Carrying Concealed Handgun; Liabilities; Sign Requirements Synopsis: The definition of “state or municipal building” in the Personal and Family Protection Act (PFPA) excludes county-owned buildings leased in their entirety by private entities. A private non-profit entity that leases a county owned building is not required to install adequate security measures in order to prohibit the carrying of concealed handguns inside the building. The PFPA shields private entities from increased liability following the 2013 amendments to the PFPA.

2015-010 Open Records: Private Devices Used by Public Employees Not Subject to Open Records
Topic: Public Records, Documents and Information–Records Open to the Public–Open Records Act; Certain Records Not Required to be Open
Synopsis: State employees who utilize a private device and do not utilize public resources to send an email from his or her private email account (private email) are not a “public agency” as defined by the Kansas Open Records Act (KORA) in K.S.A. 2014 Supp. 45-217(f). Accordingly, their private emails are not records subject to the provisions of the KORA.

2015-009 Lotteries and Fantasy Sports
Topic: Fantasy Sports are not lotteries under the definitions provided in 2015 HB2155.
Synopsis: If fantasy sports leagues fall within the definition provided in 2015 Senate Substitute for HB 2155, then fantasy sports leagues are games of skill and therefore are not lotteries. Further, because the Legislature has the
exclusive authority to legislate and may determine what conduct may be punished as a crime, we conclude that Section 19 of 2015 Senate Substitute for HB 2155 does not violate the constitution.

2015-005 Constitutionality of KSA 21-5419 Alexi's Law
Topic: Crimes and Punishments—Crimes Against Persons—Application of Certain Crimes to an Unborn Child State Departments; Public Officers and Employees—Attorney General—Duties and Responsibilities; Authority to Prosecute and Defend Constitution of the State of Kansas—Bill of Rights—Equal Rights
Synopsis: K.S.A. 2014 Supp. 21-5419(b) does not violate Section 1 of the Kansas Bill of Rights. Unless a statute is clearly unconstitutional, the Attorney General is required to defend the statute.

2015-003 Firearms: Concealed Carry: Schools, Grounds of Public Buildings, Employee's Vehicle, Regulating Firearm Storage, Gun Free School Zones,
TOPIC: Cities and Municipalities‒Miscellaneous Provisions‒Firearms and Ammunition; Regulation by City or County, Limitations; State Departments; Public Officers and Employees‒Firearms‒Personal and Family Protection Act
Synopsis: The Personal and Family Protection Act (PFPA) allows state and municipal buildings, public schools, public postsecondary institutions, state or municipal-owned adult care homes, community mental health centers, indigent health care clinics, state or municipal-owned medical care facilities, the Kansas State School for the Deaf and the Kansas State School for the Blind to regulate, restrict or prohibit concealed carry inside those institutions’ buildings. The PFPA does not permit a city, county or other political subdivision to regulate, restrict or prohibit concealed carry on the grounds of public buildings. A public employer may not prohibit an employee from storing a firearm in the employee’s personal vehicle, even while the vehicle is on the employer’s premises. K.S.A. 2014 Supp. 12-16,124(a) generally prohibits cities and counties from regulating the carrying or storage of firearms, but
K.S.A. 2014 Supp. 12-16,124(d) allows a city or county to adopt an ordinance, resolution, regulation or personnel policy consistent with the PFPA. The federal Gun-Free School Zones Act (GFSZA) prohibits a person without a valid concealed carry license from carrying a firearm inside a school zone. A person with a valid Kansas concealed carry license may carry a firearm into a school zone without violating the GFSZA, but the PFPA still allows public school districts to prohibit concealed carry by posting signage on a school district building. The extent to which a person possesses a constitutional right to carry a firearm in public is unclear following the United States Supreme Court’s decisions in District of Columbia v. Heller and McDonald v. City of Chicago.

2014

2014-022 Firearms and Ammunition; Regulation by Municipalities
TOPIC: Firearms and Ammunition; Regulation by City or County, Limitations
SYNOPSIS: A city may not invoke the federal Gun-Free School Zones Act (GFSZA) to prohibit the carrying of firearms inside city buildings located within a school zone. A city may not prohibit the carrying of concealed handguns by persons licensed to do so except as provided by the Personal and Family Protection Act and K.S.A. 2014 Supp. 12-16,124. A city may not adopt regulations governing the carrying of firearms into city buildings except as provided by K.S.A. 2014 Supp. 12-16,124.

2014-018 Private Use of Publicly Owned Vehicles
Topic: Publicly Owned Motor Vehicles—Private Use Forbidden
Synopsis: A vehicle is “publicly owned” for purposes of K.S.A. 8-301 if it is owned by a governmental entity, even if the governmental entity used private donations to purchase the vehicle. With the repeal of K.S.A. 8-307 in 1995, a violation of K.S.A. 8-301 is not a crime in itself, but some violations of K.S.A. 8-301 may constitute the crime of official misconduct under K.S.A. 2014 Supp. 21-6002(a)(1).

2014-015 Order of Foreclosure and Sale of Real Estate by County for Delinquent Taxes
Topic: Taxation‒Judicial Foreclosure and Sale of Real Estate by County‒Order of Sale
Synopsis: A clerk of a district court is authorized to sign orders of sale issued
pursuant to K.S.A. 79-2804.

2014-014 Firearms: Open Carry; In Vehicles
Topic: Taxation‒Judicial Foreclosure and Sale of Real Estate by County‒Order of Sale
Synopsis: A clerk of a district court is authorized to sign orders of sale issued
pursuant to K.S.A. 79-2804.

2014-012 requirements for a jail in every county seat
Topic: Counties and County Officer-Jails-Jail at County Seat

Synopsis: KSA 19-1901 requires every county to maintain a county jail at the county seat. For purposes of this statute, the term "jail" should be given its ordinary meaning. Nothing in KSA 19-1901 requires that the jail be a "full service jail.

2014-010 Sheriffs Concurrently Holding Office as Mayor of a City of the Second Class
Topic: Cities of the Second Class—City Officers—Elective and Appointive Officers; Council Members, Election, Residence, Vacancy in Offices of Mayor or Council Member; Service as City Council Member and County Sheriff Counties and County Officers—Sheriff—Sheriff; Election, Term, Bond; Qualifications for Office; Preservation of Peace; Service as County Sheriff and City Council Member; Incompatibility of Offices

Synopsis: The common law doctrine of incompatibility of offices precludes a person from concurrently serving as a mayor [or council member] of a city of the second class operating under the mayor-council form of government and sheriff of the county in which the city is located.

2014-009 Use of a flashlight or spotlight by a law enforcement officer at an intersection from a public vantage point to see if the occupants of a motor vehicle are wearing seatbelts.
Topic: Constitution of the United States—Amendment 4; Searches and Seizures—Plain View Exception Constitution of the State of Kansas—Bill of Rights—Search and Seizure; Plain View Exception Wildlife, Parks and Recreation—Enforcement—Unlawful Acts—Seizure of Wildlife, Devices, Equipment, and Firearms; Wildlife Checkpoint

Synopsis: The use of a flashlight or spotlight by a law enforcement officer at an intersection from a public vantage point to see if the occupants of a motor vehicle are wearing seatbelts is not a search and does not violate the Fourth Amendment. Roadway checkpoints may be constitutional if they serve a purpose other than detecting evidence of ordinary criminal wrongdoing. If a checkpoint serves an acceptable purpose, its constitutionality depends on how it is conducted.

2014-007 Whether State Board's Investigative Committees are Subject to KOMA
Topic: State Departments; Public Officers and Employees–Public Officers and Employees–Open Meetings Act; Meetings of State and Subdivisions Open to Public; Exceptions; Closed or Executive Meetings Statutes; Administrative Rules and Regulations and Procedure–Administrative Procedure Act–Orders Affecting Licensure; Hearings

Synopsis: The Kansas Administrative Procedure Act (KAPA) applies to the activities of the investigations committee of a state licensing board only to the extent that the board’s statutes expressly provide that proceedings under those statutes are governed by the KAPA. KAPA proceedings are not required to be open to observation by the public with the exception of an evidentiary hearing. Under the KAPA, an agency’s decision is made in an order that is served on the parties; a public vote is not required.

If the KAPA does not apply, then the actions of an investigations committee must be held in accordance with the Kansas Open Meetings Act (KOMA). Under the KOMA, the investigations committee of a licensing board may consult with an attorney in a closed or executive session and it may recess to engage in quasi-judicial deliberations regarding a decision in a specific case. However, all other parts of an investigative or disciplinary proceeding and all policy or general discussions must occur in a public meeting, unless otherwise provided by law. Under the KOMA, binding decisions must be made by a vote in an open meeting.

2014-006 Firearms and Community Colleges
Topic: Cities and Municipalities‒Firearms and Ammunition; Regulation by City or County, Limitations Cities and Municipalities‒Miscellaneous Provisions‒Knives and Knife Making Components; Regulation by Municipality, Limitations Schools‒Community Colleges‒Organization, Powers and Finances of Boards of Trustees‒Boards of Trustees; Powers and Duties State Departments; Public Officers and Employees‒Firearms‒Personal and Family Protection Act.

Synopsis: The board of trustees of a community college may prohibit the open carry of firearms on campus by any person. The board of trustees of a community college may restrict or prohibit the concealed carry of handguns inside some or all campus buildings by exercising the exemption found in K.S.A. 2013 Supp. 75-7c20(j)(5), or by providing adequate security measures in a building and posting that building as prohibiting concealed carry. A community college may not ban the carrying of concealed handguns by persons licensed to do so on the grounds of the community college. The board of trustees of a community college may not enact a new rule prohibiting the carrying of knives as defined in K.S.A. 2013 Supp. 12-16,134(c)(1) on campus or inside campus buildings. If a community college enacted such a rule prior to July 1, 2013, the community college may continue to enforce that rule. The board of trustees of a community college may ban the carrying on campus of weapons other than knives, such as billy clubs or metal knuckles.

2014-005 DUI: Ignition Interlock Devices
Topic: Driving Under Influence of Alcohol or Drugs; Ignition Interlock Devices

Synopsis: When a person’s driver’s license has been restricted pursuant to K.S.A. 2013 Supp. 8-1014 to driving only with an ignition interlock device for a specific period of time, K.S.A. 2013 Supp. 8-1015(d) requires that the person install an ignition interlock device for the entire restriction period in order to obtain full reinstatement of the license. If the person never installs an ignition interlock device, K.S.A. 2013 Supp. 8-1015(d) requires that the person’s license remain restricted indefinitely.

2014-002 Public Employees and CCH
Topic: State Departments; Public Officers and Employees‒Firearms‒Personal and Family Protection Act

Synopsis: The Personal and Family Protection Act (PFPA) does not prohibit a county from demanding disclosure of an employee’s concealed carry licensure status in order to verify whether the employee is entitled to certain protections available only to concealed carry licensees. The PFPA does not prohibit a county from making a record of an employee’s licensure status, but such record must remain confidential and may not be disclosed. A county may discipline an employee for refusing to disclose his or her licensure status for the purpose of determining whether the employee may lawfully carry a concealed handgun into the employee’s work place. Lastly, it is unlikely that a Kansas or federal court would recognize a county employee’s claim for discrimination on the basis of concealed carry licensure status.

2014-001 Firearms; knives; CCH in the workplace; Criminal Use of Weapons; Criminal Carrying of Weapons
Topic: Cities and Municipalities‒1) Miscellaneous Provisions‒Firearms and Ammunition; Regulation by City or County, Limitations; 2) Cities and Municipalities‒Miscellaneous Provisions‒ Knives and Knife Making Components‒Regulation by Municipality, Limitations & Definitions; 3) Crimes and Punishments‒Crimes Against the Public Safety‒Criminal Use of Weapons; 4) Crimes and Punishments‒Crimes Against the Public Safety‒Criminal Carrying of a Weapon 5) State Departments; Public Officers and Employees‒Firearms‒Personal and Family Protection Act

Synopsis: 1) A person may carry a knife, concealed or unconcealed, regardless of the length of the blade, without violating K.S.A. 2013 Supp. 21-6301 or 21-6302. The term “knife,” as defined by K.S.A. 2013 Supp. 12-16,134,
includes swords and machetes. A city may prohibit the possession of knives only if the city enacted an ordinance or rule prohibiting such possession prior to July 1, 2013.

2) The Attorney General is responsible for administering the Personal and Family Protection Act (PFPA), but the PFPA is silent on enforcement of the provisions of K.S.A. 2013 Supp. 75-7c20. A state or municipal building that is not exempt from the provisions of K.S.A. 2013 Supp. 75-7c20 and does not provide adequate security measures may not prohibit a concealed carry licensee from carrying a concealed handgun into the building.

3) A municipality, as defined by K.S.A. 2013 Supp. 75-7c20(l)(2), may adopt personnel policies to restrict the concealed carry of handguns in the municipal building in which the employee’s work place is located if the
building is exempt from the provisions of K.S.A. 2013 Supp. 75-7c20, or if the building is posted as prohibiting concealed carry and adequate security measures are provided.

4) A municipality may adopt personnel policies to restrict the carrying of concealed handguns by employees while acting in the scope of their employment outside the building in which the employee’s work place is located, but may not prohibit the possession of a handgun in a private means of conveyance. Even if such personnel policies exist, it is not a violation of the PFPA for a state or municipal employee licensed under the PFPA to carry a concealed handgun into a state or municipal building through a restricted access entrance.

5) The security plan described in K.S.A. 2013 Supp. 75-7c20(i) must provide adequate security as determined by the municipality.

6) K.S.A. 2013 Supp. 75-7c20 does not apply to a municipal building that is leased by a private party during the lease period.

7) A knife is not a weapon for the purposes of the PFPA. A city that enacted an ordinance or rule prohibiting the carrying of knives into city buildings prior to July 1, 2013, may continue to prohibit the carrying of knives into city buildings. Such city is not required to provide adequate security measures in order to prohibit the carrying of knives into city buildings.

8) A city that did not enact a rule or ordinance prohibiting the carrying of knives into city buildings prior to July 1, 2013, may not prohibit the carrying of knives into city buildings, even if adequate security measures are provided in order to detect and restrict the carrying of weapons into a city building.

9) The prohibition against enacting local knife regulations in K.S.A. 2013 Supp. 12-16,134(a) applies only to municipalities, not state government agencies.

2013

2013-021 Concealed Carry: Clarification of application of "state or municipal building" where space is leased.
Topic: Application of Personal and Family Protection Act's "state or municipal building" to buildings containing space leased by the state or an included municipality.
Synopsis: An office leased by the state or a municipality in a privately-owned multi-tenant office building is not a “state or municipal building” for the purposes of the Personal and Family Protection Act (PFPA). An office in a strip shopping center, as described herein, that is leased by the state or a municipality is a “state or municipal building” for the purposes of the PFPA.


2013-020 Concealed Carry: Voting Places: More clarification on whole building or partial building application of Personal and Family Protection Act
Topic: Elections-Voting Places and Materials Therefor: State Departments; Public Officers and Employees-Firearms-Personal and Family Protection Act
Synopsis: [Shortened] Except as described herein, the use of real property as a polling place does not transform the nature of that property for the purposes of the PFPA. Any concealed carry requirements that applied to that property immediately before its temporary use as a polling place continue to apply during its use as a polling place and thereafter.

The Personal and Family Protection Act (PFPA) authorizes concealed carry licensees to carry a concealed handgun into a polling place to the extent that concealed handguns are permitted to be carried into the building in which the polling place is located.

The provisions of K.S.A. 2013 Supp. 75-7c20 apply only to buildings that are owned or leased in their entirety by the state or a municipality. If the PFPA requires concealed carry to be permitted in a state or municipal building, then concealed carry licensees must be permitted to carry a concealed handgun in all parts of the building, including areas used as polling places, with the exception of courtrooms, ancillary courtrooms, and secure areas of correctional facilities, jails and law enforcement agencies.

Concealed carry is not required to be permitted in a polling place located inside a privately-owned building unless the county has leased the entire privately-owned building.

Concealed carry is not required to be permitted in polling places located inside public school district buildings because a public school district is not a municipality for the purposes of the PFPA.


2013-017 Firearms and Ammunition; Regulation by City or County, Limitations
Topic: Cities and Municipalities‒Miscellaneous Provisions‒Firearms and Ammunition; Regulation by City or County, Limitations
Synopsis: A city or county may not require persons licensed to carry concealed handguns to completely encase long guns in a container when transporting such long guns by vehicle. Cited herein: K.S.A. 2013 Supp. 12-16,124; 75-7c01.

2013-014 Firearms - Personal and Family Protection Act - Partial Building Application of Adequate Security Measures Not Permissible; "Adequate Security Measures" and "Adequate Security" are not synonymous.
Synopsis: For the purposes of the Personal and Family Protection Act (PFPA), a “state or municipal building” does not include a single floor within a county courthouse. A county may restrict the carrying of firearms into a county courthouse only by providing adequate security measures at the public entrances to the courthouse and by posting the courthouse as prohibiting the concealed carry of handguns in accordance with the PFPA and regulations promulgated by the Attorney General. The chief judge of a judicial district may prohibit the carrying of concealed handguns into courtrooms or ancillary courtrooms within the district provided that other means of security are employed.

"Adequate security measures” and “Adequate Security” are not synonymous for the purposes of K.S.A. 2013 Supp. 75-7c20. Cited herein: K.S.A. 2013 Supp. 75-7c01; 75-7c10; 75-7c20; K.A.R. 16-11-7.

2013-013 Firearms and Ammunition; Regulation of Cities and Counties; Limitations
Topic: Procedure, Civil—Asset Seizure and Forfeiture—Disposition of Forfeited Property; Use of Proceeds of Sale
Synopsis: A city ordinance banning the open carry of firearms by all persons except those in possession of a valid state-issued concealed carry license would be pre-empted by state law.

2013-011 Home Rule Not Applicable to Opting Out of New Laws on Concealed Carry Laws in State and Municipal Buildings
Topic: Counties and County Officers–General Provisions–County Home Rule Powers; Limitations, Restrictions and Prohibitions; Charter Resolutions. State Departments; Public Officers and Employees‒Firearms‒Personal and Family Protection Act
Synopsis: A county may not enact a charter resolution to exempt the county from L. 2013, Ch. 105, § 2. [The provision of the concealed carry law pertaining to state and municipal buildings.]

2013-010 Forfeiture, Use of Funds for Victim/Witness Relocation
Topic: Procedure, Civil—Asset Seizure and Forfeiture—Disposition of Forfeited Property; Use of Proceeds of Sale
Synopsis: Asset forfeiture funds may be used to pay for victim or witness relocation if the prosecutor determines the expenditure is for an additional law enforcement and prosecutorial purpose or the head law enforcement officer determines the expenditure is for a special, additional law enforcement purpose and the expenditure is not used to supplant normal expenditures. In addition, counties are not prohibited from agreeing to pay certain expenses for such victim or witness relocation so long the appropriate official in each county determines the expenditure meets the applicable statutory requirement.

2013-007 Mutual Aid with Indian Tribes
Topic: Militia, Defense and Public Safety–Emergency Preparedness for Disasters–Kansas Mutual Aid System; Participation by Political Subdivisions
Synopsis: An Indian tribe is not a political subdivision for the purposes of [automatic inclusion to] the Kansas Intrastate Mutual Aid Act. [But they may enter into mutual aid agreements with other agencies.]

2013-006 Health Insurance for Retirees
Topic: Cities and Municipalities—Retirement Systems—Group Health Care Benefits Plan; Availability for Retirants; Coverage, End; Eligibility; Cost of Coverage; Definitions
Synopsis: K.S.A. 12-5040 does not require a local government to make coverage under its group health care benefits plan available to former employees who left employment with the local government for reasons other than retirement.

2013-004 Sheriff Qualifications
Topic: Counties and County Officers—Sheriff—Qualifications for Office; Conviction of Possession or Consumption of Cereal Malt Beverage by a Person Under 21 Years of Age; Effect of Conviction
Synopsis: K.S.A. 2012 Supp. 19-801b(a)(3) provides that a person who was convicted of any violation of federal or state laws or city ordinances relating to liquor is not eligible to serve as sheriff. A person who was convicted under K.S.A. 2012 Supp. 41-727(a) of possessing or consuming either an alcoholic liquor or cereal malt beverage when over 18 years of age but under 21 years of age is disqualified from serving as sheriff pursuant to K.S.A. 2012 Supp. 19-801b(a)(3).

2013-003 Sheriffs (and other elected officials) Authority to Pay Bonuses
Topic: Sheriff—Sheriff; Deputies and Undersheriffs; Budget; Limitation of Personnel Action
Synopsis: The authority of county elected officials to pay bonuses to their employees is subject to any county-wide pay plan adopted by the board of county commissioners. When a pay plan establishes specific salaries for county employees and is silent on the issue of bonuses, the pay plan should generally be read as prohibiting bonuses. County elected officials whose salaries are set by the board of county commissioners may not pay themselves bonuses without the board’s approval.

2013-001 Care and Treatment Act for Mentally Ill Persons
Topic: Probate Code—Care and Treatment Act for Mentally Ill Persons—Definitions; Investigation; Emergency Detention, Authority and Duty of Law Enforcement Officers
Synopsis: K.S.A. 59-2953(a) authorizes a law enforcement officer to take a person into custody without a warrant and to transport such person to a treatment facility for a mental evaluation if the officer forms a reasonable belief based upon an investigation that the person is a mentally ill person and such person's mental illness is likely to cause harm to self or others if allowed to remain at liberty. Although the definition of a "treatment facility" in K.S.A. 59-2946(n) creates an ambiguity regarding the location for performing the mental evaluation, the legislative intent is that the physician or psychologist performing the evaluation determines the location to conduct the mental evaluation based upon the welfare of the detained person; however, such location may not include a non-medical facility used to detain persons charged with or convicted of a crime such as a jail or a law enforcement patrol vehicle.

2012

2012-013  Court fees relating to law enforcement forfeiture cases.
Synopsis: The court may not require payment of a docket fee by law enforcement agencies to file an asset forfeiture case pursuant to the Kansas Standard Asset Seizure and Forfeiture Act. However, once the case has been filed, the court has statutory authority to exercise its discretion in taxing costs against the parties for maintaining an action. The docket fee is allowable as court costs. Once the court determines to award court costs, the amount of the docket fee shall be assessed as costs. We conclude the 2011 legislative amendments to K.S.A. 60-4107(b)(3) and 60-4109(b) do not change this conclusion. Cited herein: K.S.A. 2011 Supp. 60-2001; 60-2003; 60-2005; K.S.A. 60-4101; K.S.A. 2011 Supp. 60-4104; 60-4107; 60-4109; 60-4112; 60-4113; K.S.A. 60-4114; and 60-4115.

2012-010  Vehicle inspection funds, charging cities for incarcerating city prisoners, release of city prisoners by sheriffs when the prisoner isn't arraigned in 48 hours, and the requirement for a sheriff to accept a city prisoner.
Synopsis: A sheriff must pay over to the county treasurer fees collected by the sheriff’s department for performing an inspection of vehicle identification numbers. A sheriff may charge cities for the costs of incarcerating prisoners jailed on municipal charges in an amount equal to that provided by the county for the incarceration of county prisoners. A sheriff may release a prisoner jailed on municipal charges upon the prisoner signing a valid notice to appear if the prisoner has neither posted bond nor been arraigned by the municipal court within 48 hours. A sheriff may not decline to incarcerate persons brought to a county jail by the authority of city law enforcement officers under any circumstances. Cited herein: K.S.A. 2011 Supp. 8-116a; 12-4209; 12-4212; 12-4213; K.S.A. 12-4302; 19-506; 19-811; 19-814; 19-1903; 19-1930; 28-175

2012-007 Concealed Carry
Synopsis: A city may limit the concealed carry of firearms by persons licensed under the Personal and Family Protection Act only by posting buildings as premises where carrying a concealed handgun is prohibited and/or by personnel policies. A city council may not allow only city council members to carry concealed handguns into city council meetings. Cited herein: K.S.A. 75-401; K.S.A. 2011 Supp. 75-7c10; 75-7c17.

2012-002 Firearms, Home Rule
Synopsis: K.S.A. 2011 Supp. 12-16,124 preempts local zoning regulations that prohibit home-based businesses engaged in the sale of firearms or ammunition over the internet. Cited herein: K.S.A. 2011 Supp. 12-16,124; Kan. Const., Art. 12, §5; L. 2007, Ch. 166.

OLDER OPINIONS RELEVANT TO LAW ENFORCEMENT

Note: These may or may not still be relevant. Check with your appropriate legal council for advice.

2011-24 City or County Regulation of Open Carry of Firearms

2011-15 Smoking Prohibited:Electronic Cigarettes not Violation

2011-10 and 2011-11 Diversion for Traffic Violations for Person Holding CDL

2011-06 City or County Regulation of Open Carry of Firearms

2010-3 Open Records:Personnel Files

2009-22 Open Meetings:Serial and Interactive Communications

2009-21 Open Meetings:Personnel Issues vs. Policy Matters

2009-20 Personal and Family Protection Act: Prosecutors

2009-18 Open Records: Certification that Names and Addresses Will Not Be Used in Violation of Law

2007-40 Personal and Family Protection Act and Concealed Carry While Engaged in Certain Acts While Hunting

2007-39 Duty of Sheriff to Accept City Prisoner/Responsibility of Prisoner Arrested on State Charges Pending Booking in County Jail

2007-37 Wildlife and Parks Conservation Officers Not in Violation of Criminal Trespass When Entering Private Land for Official Duites

2007-35 School Safety and Security Act: Certain Information to be Provided to Law Enforcement

2007-15 Use of [State] Forfeiture Funds

2007-12 Tampering with a landmark

2007-08 Strip Searches

1999-34 Law Enforcement Qualifications: Effect of Juvenile Offender Status

1974-63 Is work performed by jail trustees "suitable public employment."