Special Alcohol Funds
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RECEIVED
NOV 2 0 1987
CITY MANAGER'S OFFICE
TO:
Bill Harris
FROM:
Robert K. Biles
DATE:
November 20, 1987
SUBJECT:
Special Alcohol Funds
Scott Bogart, Central Kansas Foundation, contacted me this week questioning
whether DV ACK was eligible to receive Special Alcohol Funds. Mr. Bogart
referred specifically to Attorney General Opinion 87-103 and the second
paragraph on page three to support his contention.
Greg and I have discussed the concerns raised by Mr. Bogart.
borderline situation exists in this instance.
We agree that a
Rather than reopening the question of allocating 1988 Special Alcohol Funds, I
would recommend allowing city staff to develop definite guidelines and
criteria which programs must meet in order to qualify for these funds. I
would anticipate proposing criteria along the lines of those suggested by the
Attorney General in the third paragraph of page three. These criter.ia would
be attached to our letter soliciting requests for 1989 Special Alcohol Funds.
( would anticipate having a first draft of criteria and guidelines available
for Commission review after the first of the year.
RKB/lg
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ROBERT T. STEPHAN
ATTO"N~Y G~N~""~
t(Q) ~'V
STATE OF KANSAS
OFFICE OF THE ATTORNEY GENERAL
2ND F\.OOR. KANSAS JUDICIA\. CENTER. TOPEKA 66612
July 16,1987
MAli" ""ON~: (.':11 a..-a:ll's
CON.U"~" P"O"~C:TION' U.-JTSI
"'N~IT"U.T a...n...
ATTORNEY GENERAL OPINION NO.8 7.- 103
The Honorable Jeanne Hoferer
State Senator, Eighteenth Dis~rict
1916 Oakley
Topeka, Kansas 66604
Re:
Synopsis:
Taxation--Sales of Liquor by Clubs--Qualifications
of Programs for Receipt of Tax Moneys
1986 House Bill No. 2822, Section 3 raises the
standard of K.S.A. 79-41a04(e) to the point that in
order to receive moneys from the special alcohol
and drug programs fund, a service or program must
have at least one of the following as its principal
purpose: alcoholism and drug abuse "prevention and
education: alcohol and drug detoxification:
intervention in alcohol and drug abuse: or
treatment of persons who are alcoholics or drug
abusers or are in danger of becoming alcoholics or
drug abusers. This language would allow for aid to
programs aimed at family members and relatives, as
long as the principal purpose of the program is one
listed in the "statute. Cited herein: K.S.A. 1986
Supp. 79-41a04(e).
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"Dear Senator Hoferer:
As Senator for the Eighteenth District, you request our
opinion concerning 1986 House Bill No. 2822. Specifically,
you inquire as to whether this bill changes the language of
K.S.A. 41a04,(e) to suggest that a certain percentage of él
program's overall activities must be directly related to
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Senator Jeanne".Hoferer
'Page 2 1"--:,.""",.
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alcohol and drug abuse prevention, education, etc. In
addition, you inquire whether the new language suggests that
for services to qualify, they must necessarily be limited to
persons who are themselves alcoholics or drug abusers, as
opposed to being services for families or relatives of
alcoholics.
As to your initial inquiry, in Attorney General Opinion No.
82-222 this of=ice stateå that:
"(Ilf an organization dealing generally
with åomestic violence could show that a
certain percentage of its clients haå also
been the victims of alcohol or drug abuse,
either by their own hands or the hands of
others, in our opinion it would qualify
for receipt of funås from the special
alcohol and drug programs fund."
This opinion was baseå upon the language of K.S.A. 1981 Supp.
79-41aO4(e) which read, in pertinent part:
"Moneys in the special alcohol and drug
programs fund shall be expended only' for
the purchase~ establishment, maintenance
or expansion of services or programs of
alcoholism and drug abuse prevention and
education, alcohol anå ¿rug
detoxification, intervention in alcohol
and drug abuse or trea~ent of persons who
are alcoholics or drug abusers or are in
danger or becoming alcoholics or drug
abusers."
'this language was amended by 1986 Rouse Bill No. 2822 to read
as fo llows:
"Moneys in the sgecial alcohol and drug
programs fund shall be expended only for
the purchase, establishment, maintenance
or expansion of services or programs
whose ~rinciDal DurDose is alcoholism
and drug abuse prevention and education,
alcohol and drug detoxification,
intervention in alcohol and drug abuse or
treatment of persons who are alcoholics or
drug abusers ~r are in danger of "becoming
..,.-
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Senator Jeanne Hoferer
l'age 3
alcoholics or drug abusers."
added. )
(Emphas is
This change would appear to raise the standard used in
Attorney General Opinion No. 82-222 from "a certain perceni:age
of [the programrsl clientsW being the victims of alcohol 01~
drug abuse, to the point where it can be said that the
"principal pu.rposew of the program seeking the funds is that
of alcohol and drug abuse prevention, etc.
In light of the above discussion your second inquiry would be
answered in the negative. The broad language of the statu"l:e
concerning prevention and education would allow for programs
aimed at family members or relatives of an alcoholic or dr"'-lg
abuser to receive funds, as long as alcoholism and drug abuse
prevention or education is the primary'purpose of the
program. For example, programs for f~~ilies with an alcoholic
member which focus on dealing with problems associated with
alcoholism would probably qualify for these funds. On the
other hand, programs dealing with domestic violence generally
may only tangentially involve alcoholism and drug abuse
prevent~on and education. In our opinion, these types of
programs would probably not fall within the statutory
language, and therefore would not be entitled to these ta~:
moneys.
r--.--...
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It should be noted that the statute grants to the éòunty
commission the power to make these determinations, subject~ to
the recommendations of an alcohol and drug advisory commit~tee
which may be organized for such purpose. Although this office
is not at liberty to make these factual determinations, WE~ can
suggest some criteria that a board or commission may wish to
consider. These criteria may include any statement of thE~
primary purpose of a program, which may be gleaned from any
'existing by-la\.¡s, brochures, etc., or any evidence of the
amount of time a particular program devotes to ~~e preven":ion,
education, treatment, etc. of alcohol and drug abuse, such as
employee time sheets.
In conclusion, 1986 House Bill No. 2822, Section 3 raises the
standa~d of K.S.A. 79-4laO4(e) to the point that in order to
receive moneys from the special alcohol and drug programs
fund, a service or program must have at least one of the
following as its principal purpose: alcoholism and drug abuse
prevention and education; alcohol and drug detoxification;
intervention in alcohol and drug abuse; or treatment of
persons who are alcoholics or drug abusers'or are in danger of
becoming alcoholics or drug abusers. This language would
"
- .'Senator Jeanne Hofe:-er
. '" Page 4
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allow foræid to progr~s ai~ed at family members and
relatives, as long as the principal purpose of the prog=~ is
one listed in the statute.
RTS: JL'1: jm
Very t--uly yours,
¿ ~/L ,~
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/Z/~/'_gL' .
ROBERT T. STE?~~
Attorney Gene:-al of K~~sas
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I" ;
;;ulene L. Mille:-
ùeputy Attorney General
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