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Special Alcohol Funds , , / 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 . . .' , 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). * * * "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 - Senator Jeanne".Hoferer 'Page 2 1"--:,.""",. : ; ',' " , . 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 ..,.- . .' 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--.--... ~ 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 . - 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 ,~ - /- /Z/~/'_gL' . ROBERT T. STE?~~ Attorney Gene:-al of K~~sas / . -t'- / ! I j, /'r ! -- I t...L_l....l-,. j. }¿ ~C- -y-tJ;: I" ; ;;ulene L. Mille:- ùeputy Attorney General "