Kansas AG Opinions — 2014

The use of a flashlight or spotlight by a law enforcement officer at an intersection from a public vantage point to see if the occupants of a motor vehicle are wearing seatbelts is not a search and does not violate the Fourth Amendment.

A limited corporate partnership as used in K.S.A. 2013 Supp. 17- 5904(a)(12) means a limited partnership as defined in K.S.A. 2013 Supp. 17-5903(c).

The Kansas Administrative Procedure Act (KAPA) applies to the activities of the investigations committee of a state licensing board only to the extent that the board’s statutes expressly provide that proceedings under those statutes are governed by the KAPA. KAPA proceedings are not required to be open to observation by the public with the exception of an evidentiary hearing. Under the KAPA, an agency’s decision is made in an order that is served on the parties; a public vote is not required.

The board of trustees of a community college may prohibit the open carry of firearms on campus by any person.

When a person’s driver’s license has been restricted pursuant to K.S.A. 2013 Supp. 8-1014 to driving only with an ignition interlock device for a specific period of time, K.S.A. 2013 Supp. 8-1015(d) requires that the person install an ignition interlock device for the entire restriction period in order to obtain full reinstatement of the license. If the person never installs an ignition interlock device, K.S.A. 2013 Supp. 8-1015(d) requires that the person’s license remain restricted indefinitely.

January 22, 2014 ATTORNEY GENERAL OPINION NO. 2014- 04 The Honorable Lance Kinzer State Representative, 30th District State Capitol, Room 165-W Topeka, KS 66612 Re: Elections—Voting Places and Materials Therefor—Voting Places, Equipping and Supplying; Instructions, Books and Othe…

The common law doctrine of incompatibility of offices precludes a person from concurrently serving as a member of a county planning commission and a mayor of a city of the third class operating under the mayor-council form of government that is located in the county served by the planning commission.

A city may not invoke the federal Gun-Free School Zones Act (GFSZA) to prohibit the carrying of firearms inside city buildings located within a school zone. A city may not prohibit the carrying of concealed handguns by persons licensed to do so except as provided by the Personal and Family Protection Act and K.S.A. 2014 Supp. 12-16,124. A city may not adopt regulations governing the carrying of firearms into city buildings except as provided by K.S.A. 2014 Supp. 12-16,124.

A city may levy a retailers’ sales tax for the purpose of providing funds to a technical college if doing so serves a valid public purpose. If the electors of a city, by voting to approve a proposed sales tax, determine that providing funds to a technical college serves a valid public purpose, a court would likely defer to that judgment.

Under K.S.A. 2014 Supp. 65-6119, paramedics are not strictly limited to working at the scene of a response or in an ambulance during patient transport. During emergencies, subsection (d)(3) of the statute allows paramedics to perform activities specifically authorized by medical protocols, even in hospital settings. Subsection (d)(2), which authorizes a paramedic to perform medical tasks while in voice contact with a physician or certain other health care professionals authorized by a physician, is not limited to emergency situations. To the extent Attorney General Opinion No. 90-134 reached a

January 10, 2014 ATTORNEY GENERAL OPINION NO. 2014- 02 The Honorable Jim Howell State Representative, District 81 125 East Buckthorn Road Derby, KS 67037 Re: State Departments; Public Officers and Employees‒Firearms‒Personal and Family Protection Act Synopsis: The Personal and Fa…

The language “temporary hair removal from the face or any part of the body by use of the hands or mechanical or electrical appliances” in K.S.A. 2014 Supp. 65-1901(d)(1) does not permit a cosmetologist to shave with a professional grade razor, such as a straight razor.

A vehicle is “publicly owned” for purposes of K.S.A. 8-301 if it is owned by a governmental entity, even if the governmental entity used private donations to purchase the vehicle.

The notification center created by the Kansas Underground Utility Damage Prevention Act is a public agency.

An ordinary ordinance may include a contingency. The “day” of the contingency may be stated as a specific calendar day or the occurrence of an action or event.

A clerk of a district court is authorized to sign orders of sale issued pursuant to K.S.A. 79-2804.

Effective July 1, 2014, a law-abiding person may openly carry a rifle, shotgun or other long gun without violating state or municipal laws. However, a person may not openly carry any firearm into a building that is lawfully posted as prohibiting open carry. Representatives Howell, Couture-Lovelady and O’Brien Page 2

An area that is currently included in a community college district may not be removed or transferred from such district. Territory that may be added to a community college district pursuant to K.S.A. 2013 Supp. 71-1201 is territory that is not already included within the territory of another community college district.

K.S.A. 19-1901 requires every county to maintain a county jail at the county seat. For purposes of this statute, the term “jail” should be given its ordinary meaning. Nothing in K.S.A. 19-1901 requires that the jail be a “full service jail.”

The Brokerage Relationships in Real Estate Transactions Act (BRRETA) limits, but does not entirely supplant, the common law liability of real estate licensees. The provisions of K.S.A. 58-30,111 apply equally to statutory agents and transaction brokers.

The common law doctrine of incompatibility of offices precludes a person from concurrently serving as a mayor of a city of the second class operating under the mayor-council form of government and sheriff of the county in which the city is located.

A person may carry a knife, concealed or unconcealed, regardless of the length of the blade, without violating K.S.A. 2013 Supp. 21-6301 or 21- 6302. The term “knife,” as defined by K.S.A. 2013 Supp. 12-16,134, includes swords and machetes. A city may prohibit the possession of knives only if the city enacted an ordinance or rule prohibiting such possession prior to July 1, 2013.