Case law

Opinion Number

Louisiana Attorney General Reports · Dec 24, 2002

As previously noted in our answer to your second question, the hospital service district's board of commissioners is clearly in charge of the district, the district's hospital and other assets, including the hospital building … To establish positions of employment and to appoint and employ personnel necessary for the operation of the health care facility or facilities under his jurisdiction to establish rates of pay; to abolish positions; and to

Opinion Number

Louisiana Attorney General Reports · Apr 7, 2003

Clearly, the conduct in question comes within the broader mission of law enforcement agencies, and thus within the duties of law enforcement officers. … A person who has locked their keys in their car is clearly in distress.

Opinion Number

Louisiana Attorney General Reports · Sep 17, 2001

There is no indication that it is meant to be an exception to the rule of § 14(A); the exceptions are clearly contained in § 14(B). … Unless the fundamental rights or privileges or immunities of a person are involved, a strong presumption exists that the legislature, in adopting legislation, has acted within its constitutional authority.

Opinion Number

Louisiana Attorney General Reports · Feb 27, 2007

Conversely, the Clerks of Court Certification Program, established in La. … At the time the legislation was introduced, there were five registrars who qualified for the enhancement.

Opinion Number

Louisiana Attorney General Reports · May 9, 2002

except on a court order as provided above or with the written consent of the chief officer of the agency or department where he is employed or in which he holds office, and to this end said officer or employee shall be immune … In those municipalities governed by the provisions of this Part, R.S. 33:321 et seq., which have a chief of police elected by the qualified voters thereof, he shall make recommendations to the mayor and the board of aldermen

Opinion Number

Louisiana Attorney General Reports · Aug 3, 2007

This process clearly provides many opportunities for in person registration. However, state law provides an alternative to in person registration, that being registration by mail. … If that person has previously registered to vote in person, then he would follow the procedures established by law for voting absentee by mail.

Opinion Number

Louisiana Attorney General Reports · Mar 10, 2000

Clearly, the employees of the Lafourche Basin Levee District are public employees. Thus, there is no constitutional prohibition to establishing such a plan for the employees of the District. Further, La. … R.S. 42:861 authorizes a political subdivision of the state to adopt a group plan which allows for the purchase of annuities, life insurance or mutual funds which qualify for deferred federal taxation benefits as provided

Opinion Number

Louisiana Attorney General Reports · Apr 1, 2008

As noted by the Court in Meyers , "[s]ince the object of plaintiff's suit is to secure an exemption from taxation, the exemption must be clearly established." Id. … It is our opinion that there is no evidence that such an exemption is established, clearly or ambiguously, in the Louisiana Constitution.

Opinion Number

Louisiana Attorney General Reports · Nov 10, 2005

Your request asked whether licensed practical nurses qualify as allied health professionals to receive professional scholarships under the provisions of La. … R.S. 46:1131 establishes a scholarship program for nursing students enrolled in an accredited school of nursing.

Opinion Number

Louisiana Attorney General Reports · Mar 31, 1993

LSA-R.S. 17:3042.31 et seq. established the Louisiana Honors Scholarship Program ("Program"). … The language of this statute clearly gives the power to determine eligible recipients to the city and parish school boards.

Opinion Number

Louisiana Attorney General Reports · Mar 18, 2005

Thus, an exemption, being an exceptional privilege, must be clearly, unequivocally and affirmatively established. Zapata Haney Corp. v. Larpenter , 583 So.2d 867 (La.App. 1st Cir. 1991) writ denied. … Previous opinions of this office state that an Assessor must inquire into the facts to determine whether the taxpayer in question complies with the criteria necessary to qualify for the exemption.

Opinion Number

Louisiana Attorney General Reports · Feb 9, 2009

The election shall be held according to the timetable and procedures established by state law for the filling of vacancies in elected local offices. 3. … govern the filling of the vacancies, except that the provisions of La.R.S. 18:402 shall apply to the time and manner of calling the special elections to fill the vacancies." 4 In view of the fact that the City Council has clearly

Opinion Number

Louisiana Attorney General Reports · Dec 22, 1997

Manufacturing and Nan Ya Plastics qualify as new manufacturing establishments for the exemption of ad valorem taxes under Article VII , Section 21 (F) of the Louisiana Constitution of 1974. … Further, in order for a facility to qualify for tax exempt status under Section 21 (F), it must either be a new "manufacturing establishment" or and "addition" to an existing manufacturing establishment, as those terms are

Opinion Number

Louisiana Attorney General Reports · Nov 3, 2000

Thus, an exemption, being an exceptional privilege, must be clearly, unequivocally and affirmatively established. Zapata Haney Corp. v. Larpenter, 583 So.2d 867 (La.App. 1st Cir. 1991) writ denied and Ruston Hospital v. … Citing Article III of the Club's Articles of Incorporation, he takes the position that the Club qualifies as a tax exempt fraternal organization.

Opinion Number

Louisiana Attorney General Reports · May 29, 1996

Louisiana's present constitutional and statutory scheme clearly allows the inclusion of all registered voters in elections of the type presented. La. Const. Art. … The legislature enacted Chapter 6-A of the Louisiana Election Code to establish a uniform procedure to conduct elections to authorize the issuance of bonds, the assumption of indebtedness, and the imposition or increase of

Opinion Number

Louisiana Attorney General Reports · Oct 21, 1992

Manufacturing and Nan Ya Plastics qualify as new manufacturing establishments for the exemption of ad valorem taxes under Article VII , Section 21 (F) of the Louisiana Constitution of 1974. … Further, in order for a facility to qualify for tax exempt status under Section 21(F), it must either be a new "manufacturing establishment" or and "addition" to an existing manufacturing establishment, as those terms are

Opinion Number

Louisiana Attorney General Reports · Jun 7, 2010

XII, § 3, which provides, "[n]o person shall be denied the right to observe the deliberations of public bodies and examine public documents, except in cases established by law." … Thus, the analysis turns to whether the gathering qualifies as a "meeting" under the Open Meetings Law.

Opinion Number

Louisiana Attorney General Reports · Jan 22, 2002

All ERISA plans must establish reasonable, written procedures to determine the qualified status of a domestic relations order, to communicate those procedures to alternate payees, and to administer the distribution of benefits … It is our recommendation that the domestic relations order clearly specify each plan to which such order applies.

Opinion Number

Louisiana Attorney General Reports · Jun 13, 1994

As is clearly stated in the statute, the intent of Congress was to encourage States, local agencies, and private interests to establish trails on unused or seldom used railroad rights-of-way in furtherance of a national policy … However, the law also clearly provides that the interim use of rights-of-way must be subject to future possible restoration or reconstruction for railroad purposes.

Opinion Number

Louisiana Attorney General Reports · Jul 8, 2002

be given, and pursuant to R.S. 33:253 only property taxpayers may vote at this special election as furnished by the registrar of voters, and no defect in the list "shall affect the validity of the election unless it be established … In response to your inquiry whether dissolution is subject to federal pre-clearance we must conclude it would be insofar as this clearly would affect voting rights.