Kansas AG Opinions — 1988

When a conditional license is granted to an applicant, competing applications are denied. At such time, the unsuccessful applicants are eligible for the process of refunding the deposit to commence. The refund is subject to set-off for administrative and investigative expenses incurred after April 7, 1988. The statutes and regulations do not preclude the applicant from refiling an application when the competing applicant's conditional license expires for lack of a financial commitment.

Section 7 of the Kansas Bill of Rights and the First Amendment to the United States Constitution guarantee free exercise of religion. Students do not shed these rights when they enter school grounds. Absent a compelling state interest, a student may not be prohibited from reading a Bible or other religious text during free reading periods or unstructured recesses.

Pursuant to the provisions of K.S.A. 48-323, the Kansas Military Board is to procure and keep in force fire and extended coverage insurance on armories under its control. Although the term "armory" is not defined in the statute, such term would include storage buildings (constructed upon property generally managed and cared for by the Kansas Military Board pursuant to K.S.A. 48-301 et e2a designed and used principally for .)

1988 House Bill No. 2812 (L. 1988, ch. 126) requires "any item of clothing . . . intended to protect firefighters from death or injury while fighting fires" to meet the standards established by the National Fire Protection Association. This requirement does not extend to work/station clothing worn by firefighters while on duty.

!, STATE OF KANSAS i I OFFICE OF THE ATTORNEY GENERAL t: ,¥ !1"· 2ND FLOOR, KANSAS JUDICIAL CENTER, TOPEKA 66612 ,; 1sERT T. STEPHAN MAIN PHONE t913J 296'2215 • ATIO::SNEY GENERAL August 22, 1988 CONSUMER PROTECTION 296·375 I ~ ~ t ~- t· .', ATTORNEY GENERAL OPINION NO. 88- 117 L…

It is our opinion that the Kansas parimutuel racing act does not permit simulcasting between licensed racetrack facilities.

It is our opinion that a valid petition pursuant to K.S.A. 1987 Supp. 19-27a03 must: 1) contain the statements set forth in subsection (b) of that statute, and 2) follow the applicable provisions of K.S.A. 25-3601 et seq. Without a proper petition, or the alternative action by the secretary of health and environment or the local health officer, the board lacks jurisdiction to take action pursuant to K.S.A. 1987 Supp. 19-27a01 et seq.

K.S.A. 1987 Supp. 2-610(b) does not mandate action by the board of county commissioners within 10 days after initial receipt of a proposed budget. If the proposed budget is not approved within 10 days after its receipt, it should be returned to the board in a timely manner. The board may then resubmit it to the commission for action according to the procedures set forth in the statute.

In light of 1988 legislative changes, production contracts that do not involve pork processors as defined by L. 1988, ch. 99., sec. 56 and that by statute do not result in the acquisition of agricultural land, do not violate the corporate farming act, K.S.A. 17-5902 et seq. Cited herein: K.S.A. 17-5902 et seg., as amended by L. 1988, ch. 99, §5 53-56; K.S.A. 47-1501(c).

Courts presume the constitutionality of a statute and resolve all doubts in favor of its validity. This presumption, when combined with the lack of prohibitory language in K.S.A. 25-3802, leads us to conclude that, while state law does not require an officer of a county central committee to be a member of a precinct committee, a political party may require such membership.

ROBERT T. STEPHAN ATTORNEY GENERAL August 12, 1988 ATTORNEY GENERAL OPINION NO. 88- 111 The Honorable Robert G. Frey State Senator, Thirty-Eighth District P.O. Box 1177 Liberal, Kansas 67901-1177 Re: Census -- Population or Census Statistics; Application -- Enumeration of Residen…

K.S.A. 8-237 allows a restricted licensee to operate a motor vehicle (1) while going to or from or in connection with any job or employment or (2) for purposes of school attendance. In our opinion the work related criteria does not require a formal employment agreement. The school attendance restriction permits operation of a motor vehicle only for attendance purposes and does not permit operation for the purpose of driving to and from school for other functions or activities. Cited herein: K.S.A. 8-237; 8-245; 72-1111.

ROBERT T. STEPHAN ATTORNEY GENERAL February 2, 1988 ATTORNEY GENERAL OPINION NO. 88- 11 Steven L. Boyce Coffey County Attorney 514 Neosho, P.O. Box 452 Burlington, Kansas 66839 Re: Counties and County Officers -- County Commissioners -- Powers of Board of Commissioners Synopsis: …

Fee title to real estate properly dedicated to public use vests in the local unit of government in trust for such public use, and may not be lost through nonuse. Absent an exemption, the local unit of government which owns the fee is responsible for property taxes thereon. Cited herein: K.S.A. 1987 Supp. 12-406.

ROBERT T. STEPHAN ATTORNEY GENERAL August 5, 1988 ATTORNEY GENERAL OPINION NO. 88- 108 Melvin F. Corn, Director Area Vocational-Technical School 2215 N. Kansas P.O. Box 1599 Liberal, Kansas 67905-1599 Re: Schools -- Miscellaneous Provisions -- Use of Tobacco Products in Public Sc…

L. 1988, ch. 115, which allocates good time credits for the purpose of determining parole eligibility and conditional release should be applied retroactively to those sentenced under K.S.A. 21-4618 prior to July 1, 1982.

Moneys credited to the alcohol and drug safety action fund pursuant to K.S.A. 1987 Supp. 8-1008(e) may not be used to pay for a training course on drug and alcohol abuse attended by a municipal court judge.

A voting machine meets the requirement of providing facilities for write-in votes if it provides a key board on which a voter may "type" a write-in candidate's name.

ROBERT T. STEPHAN ATTORNEY GENERAL July 19, 1988 ATTORNEY GENERAL OPINION NO. 88- 104 The Honorable George Teagarden State Representative, Twelfth District Route 2, Box 89A LaCygne, Kansas 66040 Re: Mentally Ill, Incapacitated, Dependent Persons -- Social Welfare -- Powers and Du…

Under the provisions of subsection (d) of K.S.A. 25-3602, any person who has signed a petition who desires to withdraw his name may do so by giving written notice to the county election officer or other designated official not later than the third day following the date upon which the petition is filed. In our opinion, the written notice of withdrawal is subject to the verification requirement imposed by subsection (c) of K.S.A. 25-3602.

CHAMBERS OF FRANK J. YEOMAN, JR. JUDGE OF THE DISTRICT COURT DIVISION EIGHT SUITE 3 I 0 July 13, 2000 Robin Wolfe, Supervisor Amendment Unit, Vital Statistics 900 SW Jackson, Suite 151 Topeka, KS 66612-2221 RE: Proposed Change of Birth Certificate--In re: K.K.D. 199510024673 Dear…

ROBERT T. STEPHAN ATTORNEY GENERAL July 13, 1988 ATTORNEY GENERAL OPINION NO. 88- 100 The Honorable Fletcher Bell, Commissioner Kansas Insurance Department 420 SW 9th St. Topeka, Kansas 66612 Re: Automobiles and Other Vehicles--Driving Under the Influence of Alcohol or Drugs; Rel…

The Crime Victims Reparations Board (Board) does not have authority to pay reparations to claimants if it does not have funds. However, even if the Board has no money, the Board still has the duty to process claims and make awards. For reasons stated in this opinion, the Board does not have authority to prorate claims.

ROBERT T. STEPHAN ATTORNEY GENERAL January 6, 1988 ATTORNEY GENERAL OPINION NO. 88- 1 Mr. Charles A. Peckham Rawlins County Attorney 308 Main Atwood, Kansas 67730 Re: Bonds and Warrants -- Cash-Basis Law -- Creating Indebtedness In Excess Of Funds Unlawful; Exceptions Aircraft an…