Kansas AG Opinions, 1988

Moneys in a special alcohol and drug programs fund established pursuant to K.S.A. 1987 Supp. 79-41a04 may not be used to finance drug law enforcement operations.

ROBERT T. STEPHAN ATTORNEY GENERAL February 4, 1988 ATTORNEY GENERAL OPINION NO. 88- 16 The Honorable Leroy F. Fry State Representative, One Hundred Fifth District Statehouse, Room 272 West Topeka, Kansas 66612 Re: Public Health -- Solid and Hazardous Waste; Hazardous Wastes -- L…

ROBERT T. STEPHAN ATTORNEY GENERAL February 4, 1988 ATTORNEY GENERAL OPINION NO. 88- 15 The Honorable Bob Ott State Representative, Seventy-First District State Capitol, Room 180-W Topeka, Kansas 66612 Re: Counties and County Officers -- Mental Health Centers -- Community Mental …

Pursuant to K.S.A. 1987 Supp. 19-101a(20), counties may not exempt or change the provisions contained in K.S.A. 1987 Supp. 19-211. Pertinent language of Attorney General Opinion No. 87-164 is amended so as to be consistent with this rule.

ROBERT T. STEPHAN ATTORNEY GENER AL February 2, 1988 ATTORNEY GENERAL OPINION NO. 88- 13 Judith K. Stringer Consumer Credit Commissioner Landon State Office Building 900 Jackson, Room 352 Topeka, Kansas 66612 Re: Consumer Credit Code--Insurance; Consumer Credit Insurance--Amount …

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.

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: …

Neither Kansas statutes nor the common law doctrine of incompatibility of offices precludes one person from holding the position of council member (in a city of the first class having the mayor-council- city manager form of government) simultaneously with that of chief attorney of the Kansas Department of Social and Rehabilitation Services.

Assuming the Kansas Commission on Civil Rights (KCCR) otherwise has the authority to waive jurisdiction over employment and housing discrimination complaints filed by its employees, it is our opinion that the KCCR would not be precluded by the Equal Protection Clause from doing so.

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.

A class A city may reduce the rate of its city retailers' sales tax by adopting an ordinance under home rule powers granted by Article 12, Section 5 of the Kansas Constitution.

Water conservation measures which reduce an existing water right are compensable takings if such measures are imposed to preserve water for future public use. Compensation is not necessary if conservation is required in order to promote health, safety and welfare.

ROBERT T. STEPHAN ATTO RNEY GENERAL. January 19, 1988 ATTORNEY GENERAL OPINION NO . 88- Mr. Gary L. Flory McPherson County Counselor P.O. Box 1103 McPherson, Kansas 67460 Re: Cities and Municipalities -- Governmental Organization -- Consolidation of Operations, Procedures and Fun…

The Metropolitan Topeka Airport Authority is subject to a special assessment for a water main extension project of the city of Topeka. Cited herein: K.S.A. 12-6a01; 27-330. *

ROBERT T. STEPHAN ATTORNEY GENERAL. January 8, 1988 ATTORNEY GENERAL OPINION NO. 88-3 The Honorable Alfred G. Schroeder Kansas Racing Commission 128 N. Kansas Avenue Topeka, Kansas 66603 Re: Laws, Journals and Public Information -- Records Open to Public -- Kansas Racing Commissi…

Under the provisions of subsection (c) of K.S.A. 46-922, the head of a state agency may pay up to $500 to persons for loss or damage to property, where such loss or damage was caused by the negligence of the state or any agency, officer or employee thereof. Claims for personal injuries may not be paid under the provisions of the aforesaid statute.

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…

Proposed regulations relating to falconry (numbered 23-21-1 through 23-21-14) are within the statutory authority conferred upon the Kansas Department of Wildlife and Parks.

K.S.A. 1987 Supp. 12-3415(b) stipulates that a port authority may not issue revenue bonds without first having received approval, by resolution, of the governing bodies of the cities and counties which comprise such port authority.

Exception number three exempts farmland acquired by a corporation in the acreage as is necessary for the operation of a nonfarming business from the general prohibition against corporate ownership of agricultural land found in K.S.A. 1987 Supp. 17-5904(a). For reasons discussed herein, the acquisition of the land in question is not essential to Hancock's business of lending and finance and thus cannot be acquired under this exemption.

!, 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…