Kansas AG Opinions — 2018

Kansas law does not require any additional procedural steps to be taken when the Chief Engineer of the Division of Water Resources retires or resigns from that position during proceedings to designate a local enhanced management area.

The Kansas State Board of Healing Arts has the legal authority to decide whether a particular activity is within the scope of naturopathy as defined by K.S.A. 2017 Supp. 65-7202(b) so long as such decision is consistent with state law and is not unreasonable, arbitrary, or capricious. Cited herein: K.S.A. 2017 Supp. 65-2802; 65-2836; 65-2864; 65-7201; K.S.A. 2017 Supp. 65-7202; 65-7203; 65-7204; 65-7208; 65-7211; K.A.R. 100- 72-3.

The mayor of a second or third class city is a member of the city’s governing body for the purposes of K.S.A. 12-1651.

January 26, 2018 ATTORNEY GENERAL OPINION NO. 2018- 6 Tamara Niles, Legal Counsel Unified School District No. 470, Cowley County 125 W. 5th Avenue Arkansas City, Kansas 67005 Re: Corporations—Cemetery Corporations—Definitions; Cemetery Corporation Roads and Bridges—General Provis…

Under Kansas law, it is unlawful to possess or sell products or substances containing any amount of cannabidiol. It also is unlawful to possess or sell products or substances containing any amount of tetrahydrocannabinol. Cited herein: K.S.A. 2017 Supp. 21-5701; 21-5706; 65-4101; 65-4105, 65-4107, 65- 4109, 65-4111, 65-4113.

K.S.A. 19-2921 prohibits a county from imposing zoning regulations upon land used for agricultural purposes.

The Division of Alcoholic Beverage Control may promulgate administrative rules and regulations to implement amendments to the Cereal Malt Beverage Act, K.S.A. 2017 Supp. 41-2701 et seq. This authority extends to regulating trade practices and below-cost sales of beer containing not more than 6.0 percent alcohol by volume as well as such necessary and appropriate matters as recordkeeping and inspections. The Legislature did not provide for a separate licensing scheme for cereal malt beverage retailers that sell beer containing not more than 6.0 percent alcohol by volume, nor did the Legislature

A utility may violate the Kansas Consumer Protection Act (KCPA) by engaging in deceptive or unconscionable conduct related to a program whereby customer bills are rounded up to the next dollar and the proceeds donated to charity. Whether deceptive or unconscionable acts or practices occur in a particular consumer transaction is a question of fact. Cited herein: K.S.A. 50-623; K.S.A. 2017 Supp. 50-624; 50-626; K.S.A. 50-627; 50-6,105.

December 21, 2018 ATTORNEY GENERAL OPINION NO. 2018- 19 The Honorable John E. Barker State Representative, Seventieth District 103 Wassinger Avenue Abilene, KS 67410 Re: Constitution of the State of Kansas—Judicial—Compensation of Justices and Judges; Certain Limitation Synopsis:…

When a board of county commissioners appoints a county counselor, all duties in civil matters, otherwise required by law of the county attorney, pass to the county counselor, including the filing of child in need of care petitions.

A licensee does not violate K.S.A. 2018 Supp. 58-3062(a)(3) or (4) when a portion of the commission or fee paid to the licensee is used to purchase a gift card that is conveyed to the licensee’s client, provided the proceeds of the gift card do not reduce the amount of commission, fee or purchase price paid by the licensee’s client.

K.S.A. 2018 Supp. 25-2711 does not abridge the freedom of speech and, therefore, is not subject to scrutiny under the First Amendment of the United States Constitution.

October 22, 2018 ATTORNEY GENERAL OPINION NO. 2018- 15 The Honorable Brett Parker State Representative, 29th District 8323 W. 108th St., Apt. F Overland Park, KS 66210 Re: Elections—Election Crimes—Disorderly Election Conduct; Intimidation of Voters; Electioneering Synopsis: The …

Asset forfeiture funds credited to a special prosecutor’s trust fund pursuant to K.S.A. 2017 Supp. 60-4117(c)(3)(A) may be used to pay for salaries only if the county or district attorney or other governmental agency’s attorney determines the expenditure is for an appropriate and additional law enforcement and prosecutorial purpose, and the expenditure is supplemental to, but does not supplant, normal operating expenses. However, if such salary subsequently becomes a “normal operating expenditure,” then such salary shall not be paid from the special prosecutor’s trust fund.

Unless the State identifies a legitimate local purpose not adequately served by reasonable, nondiscriminatory means, the domestic grape content requirement in the Kansas farm winery licensing scheme violates the dormant Commerce Clause of the United States Constitution.

Townships derive their powers from the legislature. A township may not exercise a power not granted by the legislature.

Neither state statute nor the common law doctrine of incompatibility of offices precludes a retiree from serving as a member of the school board for the school district from which the retiree retired. Because benefits received by a retiree of a unified school district from the Kansas Public Employees Retirement System or the school district’s early retirement program are earned during the retiree’s employment with the school district and are not compensation for work or duties performed as a board member, K.S.A. 2018 Supp. 72-1137 does not preclude a retiree from receiving the benefits during

Effective May 24, 2018, it is not unlawful under Kansas state law to possess or sell products or substances containing any amount of cannabidiol. Further, Epidiolex is a Schedule IV drug and is excluded from the definition of “marijuana” under subsection (2) of K.S.A. 2018 Supp. 65-4101(aa) and 21-5701(j).

January 8, 2018 ATTORNEY GENERAL OPINION NO. 2018-1 Eric R. Yost Sedgwick County Counselor 525 North Main, Suite 359 Wichita, KS 67203-3731 Re: State Departments; Public Officers and Employees—Public Officers and Employees; Open Public Meetings—Closed or Executive Meetings; Condi…