Volume 41 - Issue 31 - August 4, 2022
State of Kansas
Attorney General
Opinion 2022-1
Re: Cities and Municipalities – Buildings, Structures and Grounds; Development and Redevelopment of Areas In and Around Cities – Purpose of Act; Issuance of Special Obligation Bonds and Full Faith and Credit Tax Increment Bonds; Taxing Subdivision and Real Property Taxes Defined; Assessment and Distribution of Taxes February 10, 2022
Synopsis: 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. Cited herein: K.S.A. 2021 Supp. 12-1770; 12-1770a; 12-1771; 12-1772; 12-1774; 12-1775; K.S.A. 12-1778. RDS
Opinion 2022-2
Re: Automobiles and Other Vehicles – Drivers Licenses – Definitions; Disqualification from Driving Commercial Vehicle; Diversion Agreements Not Allowed; Plea Agreements: Driving Under the Influence
Cities and Municipalities – Code for Municipal Courts; Proceedings After Arrest and Prior to Trial – Municipal Diversion Agreements; Provisions of Diversion Agreements
Criminal Procedure – Procedure After Arrest – Definitions; Diversion Agreements February 10, 2022
Synopsis: A driving under the influence (DUI) diversion is statutorily defined by K.S.A. 2021 Supp. 8-1567 as a “conviction,” meets the definition of “conviction” in K.S.A. 2021 Supp. 8-2,128 (h) and 49 C.F.R. § 383.5, appears on a commercial driver’s license (CDL) holder’s record and is posted on the Commercial Driver’s License Information System (CDLIS) by the Department of Revenue, Division of Vehicles, and therefore is lawful. Plea bargaining of a DUI charge that results in the avoidance of the numerous mandatory penalties of K.S.A. 2021 Supp. 8-1567 is prohibited. An amendment of a DUI charge committed by a CDL holder, pursuant to plea bargaining, irrespective of the merits, violates the masking prohibition in 49 C.F.R. § 384.226. LCB
Diversion of a traffic control law violation committed by a CDL holder, other than DUI, is not defined as a “conviction,” does not appear on a person’s record, and is not posted to the CDLIS, and therefore is prohibited. Plea bargaining or charging amendments of non-DUI traffic control law violations, committed by a CDL holder, that result in convictions for lesser or fewer violations are not prohibited by K.S.A. 2021 Supp. 8-2,150 but would violate 49 CFR § 384.226’s masking prohibition, unless done to conform with the evidence. Cited herein: K.S.A. 2021 Supp. 8-249; 8-2,128, 8-2,142, K.S.A. 8-2,148, K.S.A. 2021 Supp. 8-2,150, 8-1567, 12-4413, 12-4414, 12-4415, 12-4416, K.S.A. 22-2907, K.S.A. 2021 Supp. 22-2908, 22-2909. LB
Opinion 2022-3
Re: Criminal Procedure – Offender Registration – Registration of Offender; Duties of Court, Correctional Facility, Treatment Facility, Registering Law Enforcement Agency, Kansas Bureau of Investigation, Attorney General Time Period in Which Required to Register; Termination of Registration Requirement; Effect of Statutory Amendments after Expiration of Registration Period February 10, 2022
Synopsis: 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. SLS
Opinion 2022-4
Re: Procedure, Civil – COVID-19 Response and Reopening for Business Liability Act – Definitions; Healthcare Provider Immunity; COVID-19 Public Health Emergency; Immunity Related to Qualified Products
Public Health – Healing Arts – Revocation, Suspension, Limitation or Denial of Licenses; Censure of Licensee; Grounds; Definitions
Public Health – Physician Assistants – Definitions; Revocation, Suspension, Limitation, Censure or Denial of License; Practice of Physician Assistant; Direction and Supervision of Physician; Prescription of Drugs; Rules and Regulations; Drug Defined
Public Health – Regulation of Nursing – Definitions; Grounds for Disciplinary Actions; Advanced Practice Registered Nurse; Rules and Regulations; Prescription of Drugs Authorized March 24, 2022
Synopsis: 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. Cited herein: K.S.A. 2021 Supp. 60-5501; 60-5502; 60-5503; 60-5505; 65-1113; 65-1120; 65-1130; 65-2836; K.S.A. 65-2837; 65-2869; 65-2870; 65-28a02; 65-28a-05; 65-28a-08; K.A.R. 100-28a-8; 100-28a-7 SLS
Opinion 2022-5
Re: Constitution of the State of Kansas – Legislative – Legislative Power
Constitution of the State of Kansas – Legislative – Appropriations
Mentally Ill, Incapacitated and Dependent Persons; Social Welfare – Social Welfare – Powers and Duties of Secretary for Children and Families; Community Work Experience Programs; Disbursal of Property Including Food Stamps; Division of Services for the Blind; Children and Youth Service Program; Medical Care for Needy Persons; Payment Schedules for Health Care Providers; Centralized Payment of Welfare Expenditures
Mentally Ill, Incapacitated and Dependent Persons; Social Welfare – Social Welfare – Implementation of Managed Care System to Provide Medicaid Services; Contracts; Areas of State Selected for Implementation; Waivers; Managed Care Implementation Committee; Reports; Managed Care Project at University of Kansas Medical Center Terminated March 25, 2022
Synopsis: 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 expose the state to litigation related to challenges to the procurement process. Cited herein: K.S.A. 2021 Supp. 75-3738–3744; K.S.A. 2021 Supp. 39-7,112; Kan. Const., Art. 2 § 1; Kan. Const., Art. 2 § 16; Kan. Const., Art. 2 § 24; 2022 Substitute House Bill 2463; 42 U.S.C. § 1315; 42 U.S.C. § 1396; 42 C.F.R. pts. 430–56; 42 CFR § 431.412; 42 C.F.R. § 431.420; 42 C.F.R. § 438.806. RCH
Opinion 2022-6
Re: Constitution of the State of Kansas – Judicial – Selection of Justices of the Supreme Court; Supreme Court Nominating Commission; Congressional District; Resident Member of the Bar; Change in Congressional District Lines; Effect
Courts – Supreme Court – Supreme Court Nominating Commission; Certified Roster of Attorneys; Certificate Evidencing Qualifications and Voting; Record of Election and Appointment to Commission May 23, 2022
Synopsis: 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. Cited herein: K.S.A. 20-119; 20-120; 20-124; 20-125; 20-127; 20-129; 25-2022a; 77-201; Kan. Const., Art 3, § 5; Substitute for Senate Bill 355; Substitute for Senate Bill 563. JLA
Opinion 2022-7
Re: Constitution of the State of Kansas – Bill of Rights – Regulation of Abortion
Public Health – Abortion July 22, 2022
Synopsis: 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.
The Value Them Both Amendment to the Kansas Constitution, if adopted, would not affect a physician’s ability to render care for ectopic pregnancies, miscarriages, or fetal demise. Cited herein: 2021 House Concurrent Resolution 5003; K.S.A. 21-5419; 38-2003; 40-2,190; 60-1901; 65-4a01; 65-6701; 65-6703; 65-6704; 65-6705; 65-6709; 65-6721; 65-6723; 65-6724; 65-6731; 65-6732; 65-6738; 65-6742; 65-6743. DRC
Derek Schmidt
Attorney General
Doc. No. 050386
