http://ksag.washburnlaw.edu/ en-us Copyright Washburn University School of Law Opinions from the Kansas Attorney General hosted by Washburn University School of Law. martin.wisneski@washburn.edu martin.wisneski@washburn.edu Fri, 26 June 2026 11:40:00 -0500 Synopsis: A community college’s taxing district is established and limited by statute. The Legislature has not granted community colleges the authority to remove or transfer territory from one community college district to another. If one of the two community colleges in Montgomery County closed, the other one cannot absorb the closed college’s taxing district because no statutory mechanism exists to do so. Once a community college closes, its taxing district no longer exists, and the territory within that taxing district is no longer be part of a community college district. Another community college could seek to add territory from the defunct community college district provided it complies with the applicable statutory provisions. Cited herein: K.S.A. 71-1101; K.S.A. 71-1102; K.S.A. 71-1201; K.S.A. 71-1301; K.S.A. 71-1303; K.S.A. 71-1304; K.S.A. 71-1305; K.S.A. 71-1402; K.S.A. 72-521. Kris W. Kobach Fri, 26, June 2026 11:40:00 -0500 http://ksag.washburnlaw.edu/opinions/2026/2026-009.pdf http://ksag.washburnlaw.edu/opinions/2026/2026-009.pdf Synopsis: Residents’ rooms in Kansas Office of Veterans Services’ skilled nursing facilities do not constitute a "facility" as defined by SB 244 and therefore are not subject to the law’s multiple-occupancy private space provisions. Kansas Department of Wildlife and Parks’ cabins are not “facilities” and, as a result, are not multiple-occupancy private spaces. Kansas Department of Corrections’ prison cells are a “facility” for purposes of SB 244 when they contain a toilet within the cell. These cells cannot be shared by inmates of different biological sexes. However, various exceptions in SB 244 allow prison staff to enter the cells as necessary, even if they are of the opposite biological sex. Dormitory style housing, which has dedicated bathrooms and showers separate from the living unit, do not constitute a “facility” and are not subject to the law’s multiple-occupancy private space provisions. Cited herein: 2026 H. Sub. for Senate Bill 244. Kris W. Kobach Thu, 14, May 2026 08:10:00 -0500 http://ksag.washburnlaw.edu/opinions/2026/2026-008.pdf http://ksag.washburnlaw.edu/opinions/2026/2026-008.pdf Synopsis: The Kansas Pharmacy Act authorizes Kansas pharmacists to dispense prescriptions written by mid-level practitioners. K.S.A. 65-1626(tt) defines mid-level practitioners as Physician Assistants licensed under the Physician Assistant Licensure Act and Advanced Practice Registered Nurses licensed under K.S.A. 65-1131. K.S.A. 65-28a04(a) requires Physician Assistants to be licensed by the Kansas Board of Healing Arts. Once licensed, K.S.A. 65-28a08(b) permits Physician Assistants, under the direction and supervision of a physician, to prescribe medications. Similarly, K.S.A. 65-1131 requires Advanced Practice Registered Nurses to be licensed through the Kansas Board of Nursing. Once licensed, K.S.A. 65-1130(d) permits Advanced Practice Registered Nurses to prescribe medications. In summary, Physician Assistants and Advanced Practice Registered Nurses must hold the appropriate Kansas license from their respective boards to have prescriptive authority in the state. Cited herein: K.S.A. 65-1625; 65-1626a; 65-1626; 65-28a01; 65-28a02; 65-28a03; 65-28a04; 65-28a06; 65-28a07; 65-28a08; 65-1113; 65-1130. Kris W. Kobach Mon, 23, Mar 2026 16:40:00 -0500 http://ksag.washburnlaw.edu/opinions/2026/2026-007.pdf http://ksag.washburnlaw.edu/opinions/2026/2026-007.pdf Synopsis: The Seward County Board of County Commissioners appoints Southwest Medical Center’s hospital board. K.S.A. 19-4607(c) requires non-elected hospital boards to submit a proposed budget and the portion of the budget requested to be funded by a tax under K.S.A. 19-4606 to the county commissioners. K.S.A. 19-4610(a) directs that a hospital board shall have control over all expenditures, except those raised by revenue bonds. These statutes do not conflict, as they apply to two different subjects. K.S.A. 19-4607(c) directs a non-elected hospital board to submit a proposed budget to the county commissioners regardless of whether the hospital board is requesting any portion be funded by a tax under K.S.A. 19-4606. Thus, K.S.A. 19-4607(c) requires SWMC to submit its proposed budget to the Seward County Board of County Commissioners each year for approval. Cited herein: K.S.A. 19-4601; K.S.A. 19-4606; K.S.A. 19-4607; K.S.A. 19-4610; K.S.A. 19-4616. Kris W. Kobach Tue, 24, Feb 2026 08:20:00 -0500 http://ksag.washburnlaw.edu/opinions/2026/2026-006.pdf http://ksag.washburnlaw.edu/opinions/2026/2026-006.pdf Synopsis: K.S.A. 76-731a provides certain illegal aliens with in-state tuition at Kansas postsecondary educational institutions. Because this statute provides a tuition benefit not available to U.S. citizens and provides an impermissible public benefit, the statute violates federal law. Cited herein: K.S.A. 76-731a. Kris W. Kobach Thu, 12, Feb 2026 14:20:00 -0500 http://ksag.washburnlaw.edu/opinions/2026/2026-005.pdf http://ksag.washburnlaw.edu/opinions/2026/2026-005.pdf Synopsis: K.S.A. 72-5179 requires the Kansas State Board of Education to pay for certain exams, including the ACT, for "any person who is regularly enrolled in any public school or accredited nonpublic school located in Kansas." Nonpublic schools may seek and obtain accreditation by the Board, and the Legislature has consistently used the term "accredited nonpublic school" to refer to those schools that have done so. Accordingly, under K.S.A. 72-5179 the Board is only required to pay for exams for students who attend a public school or a nonpublic school that has been accredited by the Board. Cited herein: K.S.A. 72-255; 72-5178; 72-5179. Kris W. Kobach Wed, 4, Feb 2026 14:15:00 -0500 http://ksag.washburnlaw.edu/opinions/2026/2026-004.pdf http://ksag.washburnlaw.edu/opinions/2026/2026-004.pdf Synopsis: K.S.A. 2-611 mandates that county residents elect the members of county extension councils. Because this statute concerns elections, counties may not invoke their home rule authority to exempt themselves from it. Cited herein: K.S.A. 2-611; 19-101a. Kris W. Kobach Wed, 4, Feb 2026 14:15:00 -0500 http://ksag.washburnlaw.edu/opinions/2026/2026-003.pdf http://ksag.washburnlaw.edu/opinions/2026/2026-003.pdf Synopsis: K.S.A. 12-16,140 and 12-16,141 obligate state and local law enforcement officers to cooperate with federal immigration officials and to honor ICE detainer requests on the basis of such cooperation. State and local law enforcement officers are also authorized to arrest illegal aliens in cooperation with federal immigration officials. Cited herein: K.S.A. 12-16,140; 12-16,141. Kris W. Kobach Fri, 30, Jan 2026 11:27:00 -0500 http://ksag.washburnlaw.edu/opinions/2026/2026-002.pdf http://ksag.washburnlaw.edu/opinions/2026/2026-002.pdf Synopsis: Article 11, Section 1 of the Kansas Constitution requires a "uniform and equal basis of valuation and rate of taxation of all property subject to taxation." Taxation is a legislative power and can only be exercised under the authority of a state statute. The Legislature’s exclusive power to tax extends to the power to remit portions of an assessed tax. Thus, a county may not implement a tax rebate program unless it is authorized by, and complies with, a state statutory scheme. Harper County instituted the Ad Valorem Rebate Program to offer tax rebates from county ad valorem property taxes to program participants. Because this Office lacks information on whether the Rebate Program was implemented under the authority of a state statute, we cannot determine its validity under state law. But, for the Rebate Program to be valid, it must be based on, and comply with, a state statutory tax rebate scheme. Cited herein: K.S.A. 12-6a26; K.S.A. 12-1740; K.S.A. 12-1781; K.S.A. 12-2908; K.S.A. 12-17,114; K.S.A. 12-17,121; K.S.A. 79-1703. Kris W. Kobach Wed, 7, Jan 2026 9:40:00 -0500 http://ksag.washburnlaw.edu/opinions/2026/2026-001.pdf http://ksag.washburnlaw.edu/opinions/2026/2026-001.pdf 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. Kris W. Kobach Tue, 30, Dec 2025 10:07:00 -0500 http://ksag.washburnlaw.edu/opinions/2025/2025-026.pdf http://ksag.washburnlaw.edu/opinions/2025/2025-026.pdf