Kansas AG Opinions — 2022

The Kansas Energy Choice Act prohibits city ordinances that restrict where propane or natural gas tanks may be used but does not prohibit the regulation of the size and placement of these tanks in all instances. Cities cannot directly enforce federal Occupational Safety and Health Administration regulations. Cited herein: K.S.A. 55-1802; K.S.A. 2022 Supp. 66-1288; Kan. Const., Art. 12, § 5.

Sheridan County has established a hospital and provided for its governance by an elected board pursuant to K.S.A. 19-4601 et seq. K.S.A. 19-205 does not preclude a person employed in the hospital as a clinic director from serving as a county commissioner. The common law doctrine of incompatibility of offices does not preclude a person from concurrently serving as Sheridan County commissioner and clinic director.

The Value Them Both Amendment to the Kansas Constitution, if adopted, would not ban or restrict abortion or any medical treatment. Rather, it leaves the regulation of abortion to the people, through their elected representatives.

A vacancy on the Kansas Supreme Court Nominating Commission occurs when the residence of a lawyer member is no longer located in the congressional district from which elected due to redistricting changes of the boundaries of the congressional district. The resulting vacancy shall be filled by the procedure in K.S.A. 20-128.

The Kansas Legislature has broad authority to establish and alter appropriation and procurement processes for state agencies. 2022 Substitute House Bill 2463 delays the onset of a new MCO procurement cycle and extends the existing KanCare system by one year, which could potentially Representatives Haswood, Meyer, Wolfe Moore, and Ruiz Page 2

Kansas law does not prohibit physicians and other authorized prescribers from prescribing FDA approved generic drugs such as ivermectin and hydroxychloroquine for off-label uses in the prevention or treatment of COVID- 19 so long as the healthcare provider meets the standard of care obligations to the patient in the process.

Persons who were convicted of crimes for which registration was required under the Kansas Offender Registration Act (KORA) and who completed their 10-year registration periods prior to the effective date of the 2011 amendments to K.S.A. 22-4906 are not required to re-register and complete the longer periods of registration prescribed by L. 2011, ch. 95, § 6. Cited herein: K.S.A. 2020 Supp. 22-4902, 22-4903, 22-4904, 22-4905, 22-4906, 22-4908, and 22-4909; L. 2011, ch. 95, § 6.

February 10, 2022 ATTORNEY GENERAL OPINION NO. 2022- 2 The Honorable Dinah H. Sykes State Senator, 21st District State Capitol, Room 318-E Topeka, KS 66612 Re: Automobiles and Other Vehicles—Drivers Licenses—Definitions; Disqualification from Driving Commercial Vehicle; Diversion…

Real property taxes paid on real property located within the boundaries of a redevelopment district are to be allocated pursuant to the formula set out in K.S.A. 2021 Supp. 12-1775(b) beginning with the first payment of taxes which are levied following the date of the establishment of the redevelopment district. The city is not required to adopt a redevelopment project plan before real property taxes received by the county treasurer are paid to the special fund of the city.