Kansas AG Opinions, 1992

Boards of libraries established or maintained in accordance with K.S.A. 12-1219 are subject to the provisions of K.S.A. 1990 Supp. 12-1223 and 12-1225.

An insurance plan covering a service that can be provided by two different licensed professionals cannot categorically deny reimbursement to one without violating K.S.A. 40-2,100 when (1) the service provided is covered by the contract; and (2) the service provided is within the lawful scope of practice under the healing arts act; and (3) the service was provided by a podiatrist, optometrist or dentist within the lawful scope of his/her license.

A board of education for a unified school district may establish and implement an affirmative action contracting program. Any racial classification set forth in the program must be justified by a compelling governmental interest and the means chosen to effectuate the purpose for the program must be narrowly tailored to the achievement of that goal.

Under the circumstances stated herein, municipal and district courts in Johnson county may sentence DUI offenders to a facility located in Wyandotte county. The mandatory imprisonment required by K.S.A. 1990 Supp. 8-1567, as amended, for second offenses may be partially served in a restrained environment such as the Kansas City weekend intervention program as long as the offender remains under the custody and control of law enforcement officials throughout the time the minimum sentence is being served.

ROBERT T. STEPHAN ATTORNEY GENERAL January 2, 1992 ATTORNEY GENERAL OPINION NO. 92- 1 The Honorable Edward F. Reilly, Jr. State Senator, Third District 430 Delaware Leavenworth, Kansas 66048-2733' Re: Constitution of the State of Kansas-- Miscellaneous--Lotteries; Indian Gaming R…

The property of a cooperative created pursuant to K.S.A. 1991 Supp. 72-8230 is not entitled to a property tax exemption under K.S.A. 79-201 First or K.S.A. 79-201a Second during the term of a lease purchase agreement.

The provisions, both protections and limitations, of the Kansas tort claims act apply to the board of directors of the information network of Kansas established pursuant to K.S.A. 1991 Supp. 74-9301 et seq.