Kansas AG Opinions — 2010

Information transmitted between the parties and a mediator during a mediation involving a dispute is confidential provided the mediation is conducted pursuant to the Dispute Resolution Act. The confidentiality provision, as well as the evidentiary privileges, found in the Act and the Rules of Evidence are not limited to disputes referred by a court. Cited herein: K.S.A. 5-501, 5-502; 5-512; K.S.A. 2009 Supp. 60-452a.

A regulation requiring animal breeders to have electric power in kennels does not violate the Free Exercise Clause of the First Amendment to the United States Constitution regardless whether this requirement conflicts with a breeder's religious practice.

Cities and counties can utilize their home rule authority to regulate lodging establishments by requiring licenses, establishing license fees, and imposing civil penalties for violations of ordinance/resolutions establishing safety and sanitary standards. Such fees and penalties can be used to support the regulatory programs.

The governing board of a technical college does not have implied authority to enter into contracts to borrow money.

Information concerning applicants and recipients of assistance from the Kansas Department of Social and Rehabilitation Services (SRS) is confidential and privileged, except in limited circumstances. When SRS delegates by contract the administration and award of assistance to another agency, that agency remains bound by the same requirements of confidentiality.

K.S.A. 40-2248 - which provides that a sponsor of proposed mandatory health insurance coverage legislation submit an impact report assessing the effects of mandated coverage - does not violate Article 2, § 1 of the Kansas Constitution. K.S.A. 40-2248 does not prohibit the legislature from considering and enacting mandatory health insurance coverage legislation in the absence of such report.

Records listing the salaries of public employees are open under the Kansas Open Records Act. "Salary" is fixed compensation paid regularly for services and does not include accrued, but unpaid, vacation or sick leave. Rather, records identifying unpaid accrued vacation and sick leave are individually identifiable records pertaining to public employees and, as such, may be discretionarily closed. However, records of payments made to employees for vacation or sick leave are open.

A newspaper is eligible for designation as the official county newspaper if the newspaper meets the requirements of K.S.A. 64-101(b). One of the requirements is that the newspaper is published in the county publishing the official publication. A newspaper's place of publication is generally where the newspaper is first put into circulation or where the newspaper has its principal office.

A board of county commissioners cannot use its home rule power to exempt the county from the motor fuel tax apportionment statute because altering a statutory tax apportionment formula is not “county business” for purposes of K.S.A. 19-101a. Additionally, the requirement to allocate motor fuel taxes to cities and counties is a statutory directive that the county treasurer is obliged to follow. A board of county commissioners cannot direct the treasurer to allocate funds in a manner inconsistent with K.S.A. 79-3425c.

Attorney General Opinion No. 97-26 concluded that the “Lucky Shamrock Phone Card Dispenser” is not an illegal gaming device. However, as the machine described in that opinion does not resemble the type of phone card dispensing machines that are being operated now, the opinion is withdrawn.

State law requires that all insurers file with the Kansas Insurance Department (KID) rate plans and supporting information which is subject to inspection by the public. KID may, but is not required to, refuse to provide copies of materials that are copyrighted. Should KID refuse to provide copies, it will have the burden of establishing that the records that are the subject of the request are protected by copyright. While KORA allows agencies to refuse to disclose certain enumerated records, there is no exception for records containing trade secrets. Therefore, KID cannot refuse to provide cop

Motor vehicles are not "taxable tangible property" as that phrase is used in the ancillary school facilities weighting statute, the cost of living weighting statute, and the declining enrollment weighting statute.

June 25, 2010 ATTORNEY GENERAL OPINION NO. 2010- 15 The Honorable Scott Schwab State Representative, 49th District P.O. Box 2672 Olathe, Kansas 66063 Re: State Boards, Commissions and Authorities--State Highway Commission-- Division of Vehicles, Records; Disclosure; Disclosure of…

The purpose of the technology fund is to provide a source of funding enabling counties to acquire computer equipment, associated software, and support to maintain records in an electronic format. Salaries may be an appropriate expenditure provided the activities performed by staff are related to the storing, recording, archiving, retrieving, maintaining and handling of data recorded or stored in the office of the register of deeds.

The 2008 amendment to the healing arts statutes establishing a new basis for disciplinary action for a single occasion of substandard patient care operates prospectively.

Cereal malt beverage licenses issued pursuant to K.S.A. 41-2702 can only be issued on an annual basis or for the calendar year. As beer distributors can only sell cereal malt beverages to "retailers licensed under K.S.A. 41-2702," such distributors cannot sell cereal malt beverages or furnish equipment to a person holding a license that was not issued on an annual basis or for the calendar year. This does not preclude a city from imposing its own cereal malt beverage license requirement for festivals, concerts, and other short-term events, in addition to the license required pursuant to K.S.A.

An applicant for admission to a law enforcement training course is not disqualified from admission because the applicant was placed on diversion, as a juvenile, for a felony crime. To the extent that the conclusion in Attorney General Opinion No. 99-34 differs, it is withdrawn.

A contractual provision, which would require appointed counsel to raise the issue of payment of the BIDS application fee at sentencing, does not conflict with the restriction in K.S.A. 22-4520 that prohibits BIDS from making any decision regarding the handling of any case or interfering with appointed counsel in carrying out their professional duties.

Subject to the membership requirements of K.S.A. 12-16,101, a city governing body or county commission may determine the membership of a convention and tourism committee and may impose a limit on the number of terms served. Moreover, a city governing body or county commission may, by resolution, establish a term of office, not to exceed four years, but condition the term of office on removal by the appointing authority prior to the expiration of the term.