Attorney General Opinion No. 1983-093 PDF Download
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Author: Robert T. Stephan
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Languages : en
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Neither a sheriff, nor a board of county commissoners, may, as a precondition to receiving prisoners committed to a county jail by a city, require that the city covenant to hold the county and sheriff harmless, and to indemnify the county and sheriff for any civil liability arising out of the commitment of city prisoners to the county jail. Pursuant to the provisions of K.S.A. 19-1930, cities are liable for the expenses of housing city prisoners in the county jail, including medical expenses of such prisoners. Kansas Attorney General Opinion No. 78-66 is affirmed. Cited herein: K.S.A. 19-101a (as amended by Section 1 of 1983 Senate Bill No. 302), 19-1930.
Author: Robert T. Stephan
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Languages : en
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Neither a sheriff, nor a board of county commissoners, may, as a precondition to receiving prisoners committed to a county jail by a city, require that the city covenant to hold the county and sheriff harmless, and to indemnify the county and sheriff for any civil liability arising out of the commitment of city prisoners to the county jail. Pursuant to the provisions of K.S.A. 19-1930, cities are liable for the expenses of housing city prisoners in the county jail, including medical expenses of such prisoners. Kansas Attorney General Opinion No. 78-66 is affirmed. Cited herein: K.S.A. 19-101a (as amended by Section 1 of 1983 Senate Bill No. 302), 19-1930.
Author: Robert T. Stephan
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Criminal pretrial proceedings must be conducted in the county of venue unless the governing statute specifically permits the proceeding to be conducted in another county. A pretrial proceeding conducted in a county other than the county of venue, without specific statutory authorization therefor, unless waived, is void for lack of jurisdiction. Cited herein: K.S.A. 22-2901, K.S.A. 22-2902, Kan. Const., Bill of Rights section 10.
Author: Robert T. Stephan
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Languages : en
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K.S.A. 82a-1316 provides that any contract for the withdrawal of water held in conservation storage by the state may be amended by written agreement of the parties, provided that such amendment does not affect the rate per unit of water or the minimum charge payable each year. Provisions specifying the point of withdrawal of water, however, may be amended so as to change the reservoir named in the contract. Such an amendment must, in order to have effect, be transmitted to and approved by the legislature in the same manner as water purchase contracts. Cited herein: K.S.A. 19-3435, 82a-1301, K.S.A. 1982 Supp. 82a-1307, K.S.A. 82a-1316, L. 1976, ch. 441, section 4, L. 1982, ch. 438, section 1.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Robert T. Stephan
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Languages : en
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County attorneys must maintain an office at the seat of justice, unless otherwise provided by law or the board of county commissioners. Cited herein: K.S.A. 19-2601.
Author: Robert T. Stephan
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Languages : en
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1983 Senate Bill No. 28, enacted as L. 1983, ch. 202, provides a limited legislative grant of immunity to a donor of free food to a charitable or non-profit organization which subsequently distributes the food to the public. Except in cases where injury is a direct result of the negligence, recklessness or intentional misconduct of the donor, no liability shall attach. However, the law is restricted to a good-faith donor of canned or perishable food, with the former term defined to mean food which is commercially processed and prepared for human consumption. Food which is processed by an individual in their home, even if by accepted methods of canning, cannot be considered as commercially processed unless the individual normally engages in the sale of such canned goods for profit. Cited herein: L. 1983, ch. 202.
Author: Robert T. Stephan
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Languages : en
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For purposes of civil proceedings under the Code for Care of Children, the legislature defined types of behavior which would constitute sexual abuse by reference to sex offenses in the criminal code, however, it did not thereby intend to adopt a criminal definition of sexual abuse. Thus, while certain acts described as sex offenses in the criminal statutes may not be punishable crimes if committed with a child age 16 years or older; those same acts may constitute abuse of that child under the definition of that term in the Code for Care of Children. Cited herein: K.S.A. 21-3501, 21-3503, 21-3504 as amended by L. 1983, ch. 109; 21-3509, 21-3510, 21-3511, 21-3516, K.S.A. 1982 Supp. 38-1502 as amended by L. 1983, ch. 140, 42 U.S.C. sections 5102, 5104, 45 C.F.R. section 1340.2, 1340.14, 48 Fed. Reg. 3698 (January 26, 1983).
Author: Robert T. Stephan
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Languages : en
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The Kansas Water Office, as the successor to the authority of the Kansas Water Resources Board, may enter into agreements with the federal government by which water may be held in storage by the state in projects constructed by agencies of the federal government. As provided by K.S.A. 1982 Supp. 82a-934, such agreements are binding upon the state to the extent that future appropriations are made in support thereof. While no applicable sections of the Kansas Constitution limit the period of time an appropriation may extend, K.S.A. 46-155 imposes a limit of at most four years for capitol improvement appropriations. As no exception has been made for water storage agreements, the Kansas Water Office is without authority to make agreements which do not contain the limiting language provided by K.S.A. 1982 Supp. 82a-934. However, as this statute does authorize the Water Office to reimburse the federal government for damages resulting from the use of, or a release from, water storage, it may agree to language which states this in a contract. Cited herein: K.S.A. 40-3405, 46-155, K.S.A. 1982 Supp. 75-4704b, 82a-934, Kan. Const., Art. 2, section 24, Art. 11, sections 6,7,9, 42 U.S.C.A. section 1962d-5b.
Author: Robert T. Stephan
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Languages : en
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The classification of natural gas in storage prescribed by the Federal Energy Regulatory Commission for regulatory purposes does not address nor resolve the issue of whether stored natural gas may be subjected to a nondiscriminatory state property tax at the location where such gas has come to rest. Correspondingly, the FERC classification of natural gas stored in underground storage areas as "current gas" is not determinative of whether such stored natural gas is subject to property taxation in the state of Kansas. Such natural gas may or may not be subject to such taxation based upon the occasion and purpose of its storage. If such storage is for the benefit, business purposes and convenience of its owners, and not due to transportation, safety or natural-cause reasons, the Commerce Clause of Article I, section 8 of the U.S. Constitution does not prohibit its taxation in the state of Kansas. Cited herein: K.S.A. 1983 Supp. 79-201f, as amended by L. 1984, ch. 350, section 1; U.S. Const., Art. I, section 8, cl. 3.
Author: Robert T. Stephan
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Pursuant to the provisions of K.S.A. 55-211a, a city may enter into an agreement for the cooperative development of oil and gas rights, provided that such an agreement serves a public purpose. Cited herein: K.S.A. 55-211a, Kan. Const., Art. 12, section 5.
