Kansas AG Opinions — 2019

A proposed process for the disposition of a dead human body that includes cryogenically freezing the body, applying vibration to shatter the frozen body into particles, and freeze-drying the particles does not meet the definition of "cremation" set out in statute and regulations. Cited herein: K.S.A. 65-1760 and regulations adopted thereunder.

Kansas has no legally adopted standard by which the Department of Revenue may comply with the command of K.S.A. 79-3702(h)(1)(F) that the statute be applied only to those retailers required “to collect and remit tax under the provisions of the constitution and laws of the United States.” The Department’s new policy interpreting the scope of K.S.A. 79-3702(h)(1)(F), as described in Notice 19-04, is of no force or legal effect because it was not lawfully adopted in compliance with Kansas law.

The Kansas Insurance Department lacks authority to deny an application for a certificate to a utilization review organization, a registration to a pharmacy benefit manager, or a license to a third party administrator when the applicant is not licensed under the Kansas Pharmacy Act, yet uses or exhibits the words “drug store,” “pharmacy,” “apothecary,” a combination of such titles, any title or description of like import, or any other term such as “Rx” designed to take the place of such title.

A juvenile who is found guilty in an extended jurisdiction juvenile prosecution is convicted, not adjudicated, of the offense charged. Under the Kansas Offender Registration Act (KORA), the duty to register springs into existence by operation of law immediately upon the existence of statutorily prescribed conditions. Under the circumstances provided, the juvenile's duty to register pursuant to KORA arises once the offender's adult conviction is effective.

The Kansas State Board of Education is subject to the requirements of subsection (b) of K.S.A. 74-120.

April 22, 2019 ATTORNEY GENERAL OPINION NO. 2019- 4 Charles W. Klebe Director and Assistant Attorney General, CCLU 120 SW 10th Ave., 2nd Floor Topeka, KS 66612 Re: Crimes and Punishments—Kansas Criminal Code—Crimes against the Public Safety; Criminal Use of Weapons State Departme…

The Commissioner of Insurance may appoint an acting securities commissioner to exercise all of the powers, duties and functions of the office for not longer than six months pursuant to K.S.A. 2018 Supp. 75-4315a.

A one-story dormitory-type structure having a series of living/sleeping units, each with a separate exterior door, is a “building” under K.S.A. 2018 Supp. 75-7c10. The Personal and Family Protection Act requires that signage for such a structure be posted near all exterior doors of the building. Therefore, signage would need to be placed near the exterior door of each living/sleeping unit.

The supermajority requirement of Article 2, § 13 of the Kansas Constitution is precatory language. The Kansas Legislature may by rule adopt a two- thirds vote requirement to ratify federal constitutional amendments or apply for Congress to call a federal constitutional convention.

January 24, 2019 ATTORNEY GENERAL OPINION NO. 2019- 1 Keith E. Schroeder Reno County District Attorney 206 West First Avenue, 5th Floor Hutchinson, KS 67501-5245 Re: Counties and County Officers—County Commissioners—Powers of Board of Commissioners; Control of Expenditures Distri…