Kansas Attorney General Opinion 2017-003

January 18, 2017
ATTORNEY GENERAL OPINION NO. 2017-3
Antonio J. Soave, Secretary
Kansas Department of Commerce
1000 SW Jackson St., Suite 100
Topeka, KS 66612-1354
Re: 	Cities 	and 	Municipalities—Buildings, 	Structures 	and 	Grounds;
Sales 	Tax 	and 	Revenue 	Bond 	Districts—Definitions; 	Museum
Facility
Synopsis: 	A building or structure constructed so that it abuts an existing
building or that incorporates structural components of a previously
existing building or structure may be deemed as “separate” and
“newly-constructed” under K.S.A. 12-17,162(p) and may be viewed
as a “museum facility.” 	Cited herein: 	K.S.A. 2016 Supp. 12-
17,160; 12-17,162; 12-17,164; 12-17,165; 12-17,166; 12-17,169.
* 	* 	*
Dear Mr. Secretary:
As Secretary for the Kansas Department of Commerce, you request our opinion
on two questions regarding whether a building, in order to meet the definition of
“museum facility” under the STAR Bonds Financing Act, must be completely
freestanding 	and 	wholly 	of 	new 	construction. 	First, 	you 	ask 	whether 	the
Legislature intended the word “separate” in K.S.A. 2016 Supp. 12-17,162(p) to
mean that a “museum facility” must be a freestanding building or structure
physically distinct from any other building or structure or whether a “museum
facility” may be a building or structure that shares common walls with an adjacent
building or structure. 	Second, you ask whether the Legislature intended the
phrase “newly-constructed” in K.S.A. 2016 Supp. 12-17,162(p) to mean that each
and every component of a “museum facility” be of new construction or whether a

Antonio J. Soave
Page 2
“museum 	facility” 	may 	incorporate 	into 	its 	design 	and 	construction 	certain
structural 	components, 	such 	as 	a 	facade 	or 	common 	wall, 	of 	an 	existing
structure.
In 2007, the Kansas Legislature enacted the STAR Bonds Financing Act.1
The purpose of [the Act is] to promote, stimulate and develop the
general and economic welfare of the state of Kansas and its
communities and to assist in the development and redevelopment
of eligible areas within and without a city thereby promoting the
general welfare of the citizens of this state, by authorizing cities and
counties to acquire certain property and to issue sales tax and
revenue (STAR) bonds for the financing of STAR bond projects. . .
. 2
A redevelopment project is pursued under the Act by a city or county through a
two-step process that involves establishment of a redevelopment district within
an eligible area 3 and adoption of a STAR bond project plan. 4 	“Any such project
plan may be implemented in separate development stages.”5
Once the STAR bond project district has been established and the STAR bond
project plan adopted, a city or county may “issue special obligation bonds in one
or 	more 	series 	to 	finance 	the 	undertaking 	of 	any 	STAR 	bond 	project 	in
accordance with the provisions of th[e Act].”6 To be eligible for financing through
issuance of special obligation bonds, the STAR bond project must first be
approved by the secretary of commerce.7
The secretary, upon approving the project, may approve such
financing in an amount not to exceed 50% of the total costs
including all project costs and any other costs related to the project.
The proceeds of such STAR bond financing may only be used to
pay for incurred project costs.8
“‘Project costs’ means those costs necessary to implement a STAR bond project
plan, including costs incurred for: . . . (17) [a] museum facility. . . .”9 	A “museum
facility” is:
1 K.S.A. 2016 Supp. 12-17,160 et seq.
2 K.S.A. 2016 Supp. 12-17, 160.
3 K.S.A. 2016 Supp. 12-17,165.
4 K.S.A. 2016 Supp. 12-17,166.
5 K.S.A. 2016 Supp. 12-17,166(a).
6 K.S.A. 2016 Supp. 12-17,169(a)(1).
7 K.S.A. 2016 Supp. 12-17,164(b); see K.S.A. 2016 Supp. 12-17,162(bb).
8 K.S.A. 2016 Supp. 12-17,164(b).
9 K.S.A. 2016 Supp. 12-17,162(r).

Antonio J. Soave
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[A] 	separate 	newly-constructed 	museum 	building 	and 	facilities
directly related and necessary to the operation thereof, including
gift shops and restaurant facilities, but excluding hotels, motels,
restaurants and retail facilities not directly related to or necessary to
the operation of such facility. The museum facility shall be owned
by the state, a city, county, other political subdivision of the state or
a non-profit corporation, shall be managed by the state, a city,
county, 	other 	political 	subdivision 	of 	the 	state 	or 	a 	non-profit
corporation and may not be leased to any developer and shall not
be located within any retail or commercial building. 10
In determining whether a building, in order to meet the definition of “museum
facility” under the STAR Bonds Financing Act, must be completely freestanding
and wholly of new construction, we turn to the rules of statutory construction.
[T]he fundamental rule to which all other rules are subordinate is
that the intent of the legislature governs if that intent can be
ascertained. When language is plain and unambiguous, there is no
need to resort to statutory construction. 	An appellate court merely
interprets the language as it appears; it is not free to speculate and
cannot read into the statute language not readily found there.
Statutory language is our paramount consideration because the
best and only safe rule for ascertaining the intention of the makers
of any written law is to abide by the language they have used. 	But
even when various statutory provisions are unambiguous, we may
still construe them in pari materia with a view of reconciling and
bringing the provisions into workable harmony. 11
Separate
The term “separate” is not defined in the Act, so we ascertain its meaning from its
ordinary definition. 12 “Separate” is commonly understood to mean “to set or keep
apart: 	. . . to block off,”13 or “[f]orming or viewed as a unit apart or by itself: 	1.1
[n]ot joined or touching physically: 1.2 [d]ifferent; distinct.” 14 	We note that
applying the appropriate definition is qualified by the Legislature’s recognition
that a “museum facility” may exist within another building, provided that building
is neither a retail building nor a commercial building. 	Given that understanding,
we determine that a museum facility need not be physically separated by air on
10 K.S.A. 2016 Supp. 12-17,162(p) (emphasis added).
11 Neighbor v. Westar Energy, Inc., 301 Kan. 916, 918-19 (2015) (internal quotation marks and
citations omitted). See also Ullery v. Othick, 304 Kan. 409 (2016).
12 	“[The] first step in interpreting a statute is to try to ascertain legislative intent through the
statutory language enacted, giving common words their ordinary meanings.” 	In re LaFarge
Midwest/Martin Tractor Co., Inc., 293 Kan. 1039, 1045 (2012).
13 https://www.merriam-webster.com/dictionary/separate; accessed on December 31, 2016.
14 https://en.oxforddictionaries.com/definition/separate; accessed on December 31, 2016.

Antonio J. Soave
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all sides to be deemed “separate” under 	K.S.A. 2016 Supp. 	12-17,162(p).
Rather, the requirement is met when a museum facility is housed in a museum
building that is distinct and surrounded by clearly identifiable and substantial
boundaries. 	This is consistent with the widely held view that a downtown
business district consists of separate buildings even though the buildings are
connected by common walls. 	Thus, we conclude that a museum building that
shares a common wall with another building or structure may still be viewed as
“separate” under K.S.A. 2016 Supp. 12-17,162(p).
Newly-Constructed
Again, the term “newly-constructed” is not defined in the Act so we turn to the
common definition to ascertain its meaning. 15 	“Newly” is defined as “anew,
afresh,”16 with “anew” defined as “in a new or different form.”17 	The provision
implies that something new is created. 	We believe that the “newly-constructed”
requirement is intended to be viewed as an overall requirement, that the museum
building when viewed overall is newly constructed. 	It does not require that each
and every facet of the museum building be new. 	This again recognizes that a
“newly-constructed museum building” may be located in a building that is not a
retail or commercial facility. 	There is no requirement that the non-retail or non-
commercial building in which the museum building is constructed be newly
constructed. 	Returning to the analogy of a downtown business district, a
structure may be gutted so that only a facade or side walls remain. 	A building
that is constructed in the vacant area behind the facade or between existing
buildings 	would 	ordinarily 	be 	viewed 	as 	“newly 	constructed,” 	despite 	its
incorporation of a previously existing facade or common walls. 	Thus, we
conclude that a museum building that incorporates certain structural components
of an existing structure may be considered “newly constructed” under K.S.A. 12-
17,162(p) and may be viewed as a “museum facility.”
Sincerely,
Derek Schmidt
Kansas Attorney General
Richard D. Smith
Assistant Attorney General
DS:AA:RDS:sb
15 In re LaFarge Midwest/Martin Tractor Co., Inc., 293 Kan. at 1045.
16 https://www.merriam-webster.com/dictionary/newly; accessed on January 3, 2017.
17 https://www.merriam-webster.com/dictionary/anew; accessed on January 3, 2017.