Volume 43 - Issue 28 - July 11, 2024

State of Kansas

Attorney General

Opinion 2024-1

Re: Cities and Municipalities – Planning and Zoning – Planning, Zoning and Subdivision Regulations in Cities and Counties – Same; Subdivision Regulations; Adoption and Amendment

Synopsis: Although the Kansas Legislature may legally permit a city to impose its land subdivision requirements on county residents within three miles of city limits, it should be cautious when granting cities extraterritorial authority. Cited herein: K.S.A. 12-749. KK/KW

Opinion 2024-2

Re: Cities and Municipalities – Miscellaneous Provisions – Transient Guest Tax Act

Counties and County Officers – General Provisions – County Home Rule

Synopsis: The Transient Guest Tax Act is a nonuniform act. As such, a county may exempt itself from provisions of the Act under its home-rule powers through a charter ordinance or resolution. Sherman County’s Charter Resolution No. 18 was a permissible use of its statutory authority. However, once it exempted itself, Sherman County cannot then require the Kansas Department of Revenue to collect the tax. Cited herein: K.S.A. 12-1696; K.S.A. 12-1697; K.S.A. 12-1698; K.S.A. 12-1699; K.S.A. 12-16,113; K.S.A. 19-101; K.S.A. 19-101a; K.S.A. 19-101b; K.S.A. 75-704. KK/RO

Opinion 2024-3

Re: Elections – Election Crimes – Electioneering – Prosecution of Election Crimes

Crimes and Punishments – Sentencing – Classification of Misdemeanors and Terms of Confinement – Fines

Synopsis: County election officers may constitutionally prohibit electioneering on private property within 250 feet of a polling place on election day. Cited herein: K.S.A. 21-6602; 21-6611; 25-2430; 25-2435. KK/KW

Kris W. Kobach
Attorney General

Doc. No. 052277