Kansas AG Opinions — 1992

A sail board is a watercraft propelled by wind action upon a sail for navigation on the water and accordingly falls within the meaning of the term "vessel" as defined by K.S.A. 1991 Supp. 32-1102(a).

When a person is convicted of theft for obtaining unemployment compensation for which he is - ineligible, the trial court may not order interest pursuant to K.S.A. 1991 Supp. 44-719(b)(2) as part of restitution.

ROBERT T. STEPHAN ATTORNEY GENERAL August 17, 1992 ATTORNEY GENERAL OPINION NO. 92-106 Robert J. Watson City Attorney City Hall 8500 Santa Fe Drive Overland Park, Kansas 66212 Re: Personal and Real Property -- Public Buildings -- Architectural Accessibility Standards Act Synopsis…

An attempt by a board of education and a professional employees' organization to ratify amendments to the contracts of employment of professional employees without submitting the amendments to a vote of the professional employees pursuant to K.S.A. 72-5421 would conflict with the purposes of professional negotiation recognized by the legislature. Any provisions of an agreement conferring such authority upon a board of education and a professional employees' organization would be void and unenforceable.

The provisions, both protections and limitations, of the Kansas tort claims act apply to the board of directors of the information network of Kansas established pursuant to K.S.A. 1991 Supp. 74-9301 et seq.

A specific ad valorem tax levy may be proposed by electors under K.S.A. 12-138a if the authority for the tax is home rule power. If the specific levy is properly proposed under K.S.A. 12-138a, it must be put to a referendum, and if approved, the city must adopt it. A specific ad valorem tax may be proposed by electors under K.S.A. 12-3013 if the authority for the tax is statutory. A proposed levy is not necessarily inherently administrative in character and initiative is not precluded. Any levy adopted pursuant to initiative must be considered in determining the city's aggregate tax levy limit

Pursuant to K.A.R. 92-19-66a, purchases made without first obtaining a project exemption certificate are not entitled to sales tax exemption under K.S.A. 1991 Supp. 79-3606(d), as amended.

Persons and corporations conducting a state funded peer assistance program on behalf of a state agency are subject to the audit authority of the state insofar as such audits relate to the state funded program. The confidentiality and privilege provisions of 42 U.S.C., § 290ee-3, K.S.A. 1991 Supp. 65-4921 et seq. or K.S.A. 1991 Supp. 47-846 et seq. may be read in harmony with the access authority given the legislative division of post audit pursuant to K.S.A. 46-1101 et seq. The record closure laws

A trust company's powers do not include the authority to branch.

Leavenworth county cannot opt out of the regulation prohibiting open burning within 1,000 feet of an occupied dwelling or public roadway through their home rule powers.

ROBERT T. STEPHAN ATTORNEY GENERAL January 2, 1992 ATTORNEY GENERAL OPINION NO. 92- 1 The Honorable Edward F. Reilly, Jr. State Senator, Third District 430 Delaware Leavenworth, Kansas 66048-2733' Re: Constitution of the State of Kansas-- Miscellaneous--Lotteries; Indian Gaming R…