Case law

Opinion Number

Louisiana Attorney General Reports · Sep 14, 2001

purpose of constructing, acquiring and improving capital improvements for the Parish (including but not limited to sewers and sewerage disposal works, drains, drainage canals, pumps and pumping plants, dykes and levees) as established … Clearly, the language of these propositions would allow the use of the tax revenues generated thereby for sewerage and drainage improvements (such improvements would certainly fall under the category of "any lawful public

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Louisiana Attorney General Reports · Jan 23, 1996

this title, the term "public office" means any state, district, parish or municipal office, elective or appointive, or any position as member on a board or commission, elective or appointive, when the office or position is established … The members of the Atchafalaya Basin Levee District clearly qualify as "public officers" under these provisions.

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Louisiana Attorney General Reports · May 2, 2000

In carrying out such programs, the governing authority must establish objective eligibility requirements and formal guidelines to ensure that all individuals qualifying are needy and have an equal opportunity of receiving … Such a program must be administered in accordance with the establishment of formal guidelines to insure that all individuals qualifying are truly needy and have an equal opportunity of receiving public assistance.

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Louisiana Attorney General Reports · Apr 1, 2008

The Smoke-free Act attempts to clearly define these exempted areas and further provides penalties for violating certain provisions of the act. … Accordingly, even though an establishment may sell or offer for sale food to the public, guests, or employees, it may still qualify as a bar *Page 5 under the Smoke-free Act.

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Louisiana Attorney General Reports · Mar 23, 1993

The Primary Place will comply with Louisiana laws dealing with health and safety requirements, student immunization, nondiscriminatory practices, student discipline, and the public school fee law. … voters of the school district in which it is situate, it is a school which is established and maintained at a public expense. . . .

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Louisiana Attorney General Reports · Apr 19, 1999

Your question raised the issue of legal guardianship, and asked whether or not the jail in which a minor is incarcerated qualifies as a "legal guardian" under La. R.S. 14:91.8 (F) (2) (a). … The context and syntax of the provision indicate that the term "legal guardian" should be construed by its accepted and established meaning.

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Louisiana Attorney General Reports · Apr 2, 2009

Bernard Parish Council, as a post-1974 home rule charter entity, empowered to adopt an ordinance which alters the selection and removal *Page 2 process for the hospital service district board of commissioners established … The only qualification requirements imposed by La.R.S. 46:1053 (A) are that members of the board of commissioners be qualified voters and residents of the district.

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Louisiana Attorney General Reports · May 13, 2005

Unless the fundamental rights or privileges and immunities of a person are involved, a strong presumption exists that the legislature in adopting legislation has acted within its constitutional authority. … The opponent must establish clearly and convincingly that the constitutional aim was to deny to the legislature the power to enact the legislation. Id . at 388." We trust the foregoing to be of assistance.

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Louisiana Attorney General Reports · Jul 2, 2002

You state as follows: By codifying the right of free passage for "law enforcement personnel" under the State Police Law with the long established exemption from tolls for state police, the legislature chose to limit the newer … Loren , 587 So.2d 162 (La.App. 4 Cir. 1991) that the court stated "probation officers are peace officers with all of their power and immunities" and cites C.Cr.P. Art. 899 , as does State ex rel Strain v.

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Louisiana Attorney General Reports · May 31, 2000

Joseph Seminary College would apply for membership in LAICU and is accepted, qualified students would be able to receive the TOPS award. … The Establishment Clause clearly does not prevent any form of public aid or service to any church affiliated institution. Roemer v. Board of Public Works , 387F. Supp. 1282 citing Hunt v. McNair , 413 U.S. 734 .

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Louisiana Attorney General Reports · Dec 11, 1998

The Court concluded that the statutory language clearly refers to food products. … This language clearly refers to Paragraph (H)(1)-(3).

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Louisiana Attorney General Reports · Nov 7, 2002

A review of pertinent constitutional debates clearly establishes that legislative action was the sole intent of this provision. … that "local governmental autonomy or home rule exists only to the extent that the state constitution endows a local governmental entity with two interactive powers: the power to initiate local legislation and the power of immunity

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Louisiana Attorney General Reports · Oct 15, 2008

This requires an analysis of whether or not it qualifies as a "public body" under the definition in La.R.S. 42:4.2 (A)(2). … They clearly qualify as a committee under the definition provided above. The definition of "public bodies" in La.R.S. 42:4.2 (A)(2) includes committees created by municipal authorities or city governing authorities.

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Louisiana Attorney General Reports · Jul 19, 2004

Can the Town Council allow the establishment to remain open until 2:00 a.m. Monday — Friday? 3. … hours of establishments located within corporate municipal limits.

Opinion

Louisiana Attorney General Reports · Nov 8, 2011

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." … opinion, with respect to your concerns regarding transparency of public business, we note the potential application of the Public Records Act to any documents created by the council members during a public meeting which qualify

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Louisiana Attorney General Reports · Jun 17, 2008

The *Page 2 records of the taxing authority shall clearly reflect the objects and purposes for which the proceeds of the tax are used. … We agree with your assessment that the use of public funds to establish a viable economic development plan for the parish is of importance and further qualifies as a public purpose.

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Louisiana Attorney General Reports · Mar 17, 2010

The Roth court explained the nature of a property right in the following passage: To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it. … While a qualifying student is eligible to receive a TOPS award for eight semesters (or twelve terms as applicable), he or she is not automatically entitled to the award for each semester.

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Louisiana Attorney General Reports · Jul 21, 2008

The corporation shall be either organized under the laws of the state of Louisiana or qualified to do business within the state of Louisiana. … After reading the statutes quoted above, it can clearly be concluded that, under state law, the requirements of citizenship and residency do not apply to officers, directors and stockholders of corporations applying for liquor

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Louisiana Attorney General Reports · Jan 14, 1997

Dear Representative McDonald: You have requested an Attorney General Opinion relative to the sale of a hospital facility owned by a duly established hospital service district. … Can a hospital owned by a duly established hospital service district be sold ? 2.

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Louisiana Attorney General Reports · Apr 13, 1992

The terms of R.S. 22:1076 require that an insurer that wishes to qualify for the lower tax treatment must have invested one-sixth (1/6th) of its total admitted assets, less foreign reserve, within the state of Louisiana. … The Louisiana statute does not establish an arbitrary distinction but indeed, treats both equally. We hope that this answers your questions concerning this statute.