Case law

Maryland Attorney General Opinion 100OAG120

Maryland Attorney General Reports · Oct 21, 2015

The language the Department emphasizes is clearly the language of requirement and, as applied to the Department, it operates as such. … Where the requirement clearly meets and is simply more stringent than a corresponding State requirement, the answer is no and the inquiry ends there.

Opinion No.

Arkansas Attorney General Reports · Sep 28, 2007

Can the county election commission establish the position? If not, can some other county officer establish the position? … Clearly the doctrine applies to "offices" held, but it is unclear whether it also applies to mere "employments." See Thompson v.

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Florida Attorney General Reports · Dec 22, 1976

S., on a statewide basis, shall be required to establish his competency and qualifications to be certified as provided in part II of Ch. 468, F. S. … An "accessory use" is one which is subordinate to, clearly incidental to, customarily in connection with, and ordinarily located in the same lot with principal use. Board of County Com'rs of Boulder County v.

Opinion No.

Arkansas Attorney General Reports · Dec 16, 1999

CARE OF THE INMATE, EXCEPT WHERE THE INMATES ARE USED FOR HIGHWAY CONSTRUCTION; PROVIDING THAT INMATES ENTRUSTED TO ACC OR OTHER AUTHORIZED ENTITY MAY BE EMPLOYED AT ANY SUITABLE EMPLOYMENT EXCEPT OPERATING PUBLIC RETAIL ESTABLISHMENTS … Additionally, if it is contemplated that any state funds will flow to ACC or any other entity entrusted with inmates, I believe this should be clearly stated.

Attorney General Opinion No.

Kansas Attorney General Reports · Nov 21, 1995

There is no question that Kansas state university, under the control of the Kansas board of regents, is a state institution and thereby qualifies as a governmental entity. K.S.A. 1994 Supp. 76-711 (a); Brown v. … Clearly, an entity that has sovereign powers or is legislatively granted governmental status for purposes of the act is covered by the act. See Dougan v. Rossville Drainage District , 24 Kan. 315 , 318 (1988).

Opinion Number

Louisiana Attorney General Reports · Jun 14, 1999

Joseph Seminary College would apply for membership in LAICU, and in the event that said membership would be accepted, would qualified students be able to receive the Tuition for Opportunity Program (TOPS) scholarships or … 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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Florida Attorney General Reports · Oct 10, 1996

The program is established in the statutory chapter for worker's compensation and identifies types of drug testing that will qualify an employer for reduced rates for workers' compensation insurance when a drug-free workplace … implement a policy of random drug testing and has not conditioned such testing on a finding of reasonable suspicion of illegal drug use by the employee. 5 Use of the word "random" to describe the testing would appear to clearly

Opinion No.

Texas Attorney General Reports · Sep 19, 1991

The county clerk must provide a petition to qualified voters under the following circumstances: If 10 or more qualified voters of any county, justice precinct, or incorporated city or town file a written application, the … county clerk of the county shall issue to the applicants a petition to be circulated among the qualified voters of that political subdivision.

Opinion Number

Louisiana Attorney General Reports · Oct 1, 1998

Definitions As used in this Subpart, the following words and phrases shall have the following meanings ascribed for each unless the context clearly indicates otherwise: (1) `Hospital Health Services' means but is not limited … Therefore, should the Town elect to sell the Hospital pursuant to Section 4341, a referendum resulting in a in favorable vote of a majority of the qualified electors is a prerequisite.

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Florida Attorney General Reports · Feb 28, 2001

In adopting "The Florida Sexual Predators Act," section 775.21 , Florida Statutes, the Legislature clearly expressed its concern with the threat to society represented by sexual offenders and sexual predators 1 and determined … would provide an on-going forum for local law enforcement agencies to provide notice to the community at large of the presence of sexual predators. 14 I would also note that section 775.21 (9), Florida Statutes, provides immunity

Opinion No.

Arkansas Attorney General Reports · Apr 2, 2004

It establishes requirements with respect to employee work attendance and attendance records, areas clearly falling within the Quorum Court's local legislative authority, assuming no conflict with policies that bear uniquely … This of course assumes that the "deputized" employees would, in fact, thereby qualify as law enforcement officers.

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Florida Attorney General Reports · Mar 11, 1976

The establishment of a uniform license renewal form, while not clearly included in those related administrative functions which shall be exercised by the head of the department, is a specific function which may be assigned … For instance, s. 464.051(3)(b) provides that one of the duties of the board is to "[e]xamine, license, and renew the license of each duly qualified applicant," (Emphasis supplied.) and s. 464.21(2) imparts a quasijudicial

(1974)

63 Op. Att'y Gen. 391 · Wisconsin Attorney General Reports · Sep 19, 1974

Thus, initially we must examine the proposed amendments in the bill to determine if the apparent purpose so intended was clearly effectuated. … Const., clearly provides that a proposal to extend the right of suffrage to persons not enumerated in Art. III must be approved by a referendum of the voters in a general election. 44 OAG 106 (1955), 50 OAG 50 (1961).

Attorney General Opinion No.

Kansas Attorney General Reports · Mar 27, 2002

Consistently, however, the monies in the various funds may be expended only for the specific purposes for which the funds are established. … The doctrine dictates that the inclusion of one thing in a statutory scheme implies the exclusion of another. 35 A board of education may authorize the payment to any qualifying high school activities association of monies

Opn. No.

New York Attorney General Reports · Feb 28, 2007

While the 1998 amendment to Civil Service Law § 167 was clearly intended to allow unpaid board members of public authorities to participate in NYSHIP (provided the board member has served in the position for six months), … § 167 (2) ("Each participating employer shall be required to pay not less than [50%] of the cost of premium or subscription charges for the coverage of its employees and retired employees who are enrolled in the [plans] established

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Florida Attorney General Reports · Mar 2, 1982

their jurisdiction and powers,' that could be taken to immunize the Dade County Home Rule Charter or the charters of Dade County municipalities from the operation of the Constitution or of general law; rather, the Court … City of Miami Springs, 245 So.2d 80 (Fla. 1971), wherein the Florida Supreme Court stated that as s 169.021, F.S., related to all municipalities in Florida, it clearly complied with the constitutional restriction contained

Opinion Number

Louisiana Attorney General Reports · Jul 26, 1994

It is the opinion of this office that Section 1927(C) clearly provides that the recapture of premium tax credits taken by investors (i.e., Insurco) are due and payable by the CAPCO and other investors (i.e., Insurco) according … We have recognized that "rights once legally established cannot be divested by the repeal of the law authorizing their creation . . .

Opinion No.

Arkansas Attorney General Reports · Mar 3, 2006

TO OWN AND OPERATE SEVEN CASINO GAMING ESTABLISHMENTS ONE EACH IN SEBASTIAN, PULASKI, GARLAND, MILLER, CRITTENDEN, BOONE AND JEFFERSON COUNTIES; AND TO ESTABLISH THE ARKANSAS EDUCATIONAL TRUST FUND AND THE ARKANSAS GAMING … As a consequence, these issues must be clearly delineated prior to their accurate summarization in a ballot title for your measure.

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Florida Attorney General Reports · Jun 6, 1983

Burton: This is in response to your request for an opinion on substantially the following question: CAN A MUNICIPALITY REPEAL OR AMEND WITHOUT REFERENDUM A CHARTER PROVISION ESTABLISHING THE PROCEDURE FOR AND PLACING LIMITATIONS … Section 90 of Ch. 9940, supra, conditioned the effectiveness of the Act upon ratification by the qualified electors of the city.

Opinion No.

Arkansas Attorney General Reports · Jul 22, 2008

In my opinion, the answer to this question is clearly "no." A similar issue was discussed in the Ingram case mentioned earlier in this opinion. … The General Assembly has provided certain statutory authority for tax-qualified "defined contribution plans" whereby university employees may defer income.