Kansas AG Opinions — 2016

May 24, 2016 ATTORNEY GENERAL OPINION NO. 2016-9 The Honorable Kay Wolf State Senator, 7th District 8339 Roe Prairie Village, KS 66207 Re: Cities and Municipalities‒Miscellaneous Provisions‒Firearms and Ammunition; Regulation by City or County, Limitations State Departments; Publ…

The Kansas Health Information Technology Act does not abrogate a health treatment facility’s duty to protect provider-patient privileged treatment information.

A private or public agency or organization that provides only attendant care services may provide such services without being licensed as a home health agency under K.S.A. 65-5101, et seq. The conclusions regarding whether an attendant must be licensed stated in Attorney General Opinion No. 2002-49 are affirmed.

A racetrack gaming facility in Sedgwick County, after the referendum vote against the placement of electronic gaming machines (EGMs) in the county, is a “similar gaming facility” as used in Paragraph 30 of the South Central Facility Management contract and K.S.A. 2015 Supp. 74-8734(h)(19)(A)(ii).

A public school district employee without a Kansas concealed carry license violates the Gun-Free School Zones Act by carrying a concealed handgun inside a school zone unless a federal statutory exception applies, notwithstanding the Kansas law that allows public school districts to permit concealed carry by school employees inside school buildings. Cited herein: K.S.A. 2015 Supp. 21-6301; 21-6302; 75-7c03; 75-7c05; K.S.A. 2012 Supp. 75-7c10; K.S.A. 2015 Supp. 75-7c10; 75-7c20.

The Tax Increment Finance Act does not require or authorize the “base year assessed valuation” as defined in K.S.A. 2015 Supp. 12-1770a(b) to be revised when a taxpayer obtains a reduction in the assessed valuation of such taxpayer's real property for the year in which the redevelopment district was established.

Whether the Kansas Open Meetings Act applies to a specific body is a fact specific determination. If the Workers Compensation and Employment Security Boards Nominating Committee is a public agency subject to the Kansas Open Meetings Act, it may not recess into closed or executive session to interview and/or discuss the applicants for workers compensation administrative law judges, workers compensation appeals board members, or employment security board of review members because such applicants are not personnel within the meaning of the Kansas Open Meetings Act.

December 5, 2016 ATTORNEY GENERAL OPINION NO. 2016-21 Barry R. Wilkerson, County Attorney Riley County Attorney's Office Carnegie Building 105 Courthouse Plaza Manhattan, Kansas 66502-0106 Re: Public Health—Hospitals and Other Facilities—Qualified Persons at Medical Care Faciliti…

As determined in Attorney General Opinion No. 82-8, a person who serves as a police officer holds a city office. Therefore, a person who serves as a city police officer is prohibited by K.S.A. 19-205 from serving as a county commissioner.

When a board of county commissioners appoints an acting county attorney pursuant to K.S.A. 19-723, the county compensates such attorney from its general funds. When a court appoints an acting county attorney pursuant to K.S.A. 19-711, the county, with the cooperation of the chief judge, compensates such attorney from the funds for the operation of the district court if the county has not adopted a different system.

A juvenile intake and assessment center never obtains legal custody over a juvenile brought to the center by a law enforcement officer.

When unpaid user fees from a sewer district, established by a county commission pursuant to K.S.A. 19-27a01 et seq., are converted into a lien against the property to which the services were provided, authority to enforce that lien against claims with senior priority cannot be inferred nor read into the statute. In the absence of explicit authority, such liens are subject to the established rules of priority.

A state agency may adopt personnel policies to require an employee to disclose whether the employee is carrying a concealed handgun while in the workplace or while otherwise engaged in work duties. A state agency may restrict the type of knife that an employee may carry while in the workplace or while otherwise engaged in work duties.

In the absence of a requisite showing that a county has a special need to conduct random drug testing of all county employees, a county's personnel policy and procedure requiring random drug testing would Dale E. Pike Page 2

September 20, 2016 ATTORNEY GENERAL OPINION NO. 2016-15 Dr. Blake Flanders President and CEO Kansas Board of Regents 1000 SW Jackson, Suite 250 Topeka, KS 66612 Re: State Departments; Public Officers and Employees‒Firearms‒Personal and Family Protection Act; Restrictions on Carry…

The board for a health care facilities and services hospital district is only authorized to construct a home for the aged that is located within the boundaries of the health care facilities and services hospital district. Cited herein K.S.A. 19-2106; 80-2501; 80-2503; 80-2550; 80-2552; and 80- 2553.

The common law doctrine of incompatibility of offices precludes a person from concurrently serving as a County Commissioner for Ness County and the Ness County economic development director.

Whether the common law doctrine of incompatibility of offices precludes a person from concurrently serving in a position of public official and public employment is dependent on specific facts regarding the relationship of the two roles. Based on the facts presented, a person is precluded from concurrently serving as a county commissioner and either a volunteer emergency medical technician in the same county or facility coordinator for the county emergency medical services system.

The medical director of an ambulance service may require certified emergency medical staff to complete training beyond that which is mandated by the Kansas Board of Emergency Medical Services. Cited herein: K.S.A 65-6101; K.S.A. 2015 Supp. 65-6110; 65-6111; 65-6112; K.S.A. 65-6125; K.S.A. 2015 Supp. 65-6126; 65-6129; K.A.R. 109-10-1a; K.A.R. 109-10-2b; K.A.R. 109-10-1c; K.A.R. 109-10-1d.

A county may not apply zoning regulations to a beef cattle feedyard or dairy, or to any structure on that property used for such purposes, such as a feed mill, scale house, office, or machine shop. A county may not require buildings used solely for agricultural purposes to comply with construction codes adopted by the county government. A county may require a person desiring to construct an agricultural building to receive a prior determination that the building is exempt from county zoning regulations and building codes.

The Kansas Offender Registration Act requires the registering law enforcement agency to register and verify registration of civilly committed sexually violent predators receiving care and treatment and residing at a special hospital located in the county.