Case law

Opinion No. Oag 23-86, (1986)

75 Op. Att'y Gen. 115 · Wisconsin Attorney General Reports · Jul 1, 1986

To qualify for the exemption, the following shall be furnished to the department. 1. … The exemption in Maryland's immunization statute contravenes this principle of governmental neutrality regarding different religious beliefs.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2013

(holding that the establishment of general policy is a legislative function). … or employee of the state, a peace officer, or a qualified handgun instructor liable for damages caused by: (1) an action authorized under this subchapter or a failure to

Opinion No. Oag 51-80, (1980)

69 Op. Att'y Gen. 183 · Wisconsin Attorney General Reports · Aug 26, 1980

Second, the federal government has authority to qualify this power. … In Santa Clara Pueblo , the Court declared that "Indian tribes have long been recognized as possessing the common-law immunity from suit traditionally enjoyed by sovereign *Page 194 powers" and that this immunity has not

Opinion No.

Texas Attorney General Reports · Nov 27, 1991

MacLean: You have requested an opinion regarding whether the Texas Department of Health (the "department") may release a copy of a death certificate that lists acquired immune deficiency syndrome ("AIDS") or human immunodeficiency … While some potential "properly qualified applicants," such as the deceased's spouse, are persons to whom AIDS test results may be disclosed under the CDPCA, most potential "properly qualified applicants" are not.

Opinion No.

Arkansas Attorney General Reports · Dec 28, 1999

The term "public body" has been consistently applied in the Code to entities that appear clearly to qualify as "units of government." … Court concluded that the AEA and the ATA were private organizations, rather than agencies of the state, and that any use of tax dollars to fund its members' retirement offended the Arkansas Constitution's privileges and immunities

Ago

Florida Attorney General Reports · Oct 9, 1985

These provisions of subsection (2)(b) appear to clearly supply the answer to your first question. See also, AGO 74-108. Cf., s. 394.461 (4)(e), F.S. (1984 Supp.). … QUESTION TWO You secondly ask whether a county facility which cannot house patients for a 72 hour period is qualified to be designated a receiving facility.

Opinion No.

Arkansas Attorney General Reports · Apr 18, 2006

MSHS operates in accordance with standards established by the Division and is subject to overall control by the Division. … In enacting A.C.A. § 4-35-105 , the legislature clearly contemplated the possible conversion of an entire private nonprofit corporation into a public rehabilitative services corporation.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2004

On the other hand, under the jurisdictional test of Guaranty Petroleum and Lohec, the BHI clearly fails to qualify as a state agency within the executive branch of state government. … While the entitlement to sovereign immunity ofboth state and local governmental entities is well established in Texas law, no judicial decision has considered its applicability to hybrid entities such as the BHI.

Ago

Florida Attorney General Reports · Mar 24, 1993

of their status as subdivisions of the state. 5 However, it is unclear to you whether the cooperative itself is entitled to the limitations on liability established by s. 768.28 , F.S. (1992 Supp.). … This office is without authority to qualify or read into this statute an interpretation or define words in the statute in such a manner which would result in a construction that seems more equitable under these circumstances

Opinion No. (2005)

California Attorney General Reports · Jun 1, 2005

The Legislature has enacted two statutes granting immunity from liability for hospital peer review committee members. … All of the inducements described in section 32121.3 are intended to attract qualified physicians to practice in the community.

(1974)

63 Op. Att'y Gen. 34 · Wisconsin Attorney General Reports · Feb 19, 1974

Only facilities owned, operated or contracted for by the Department or a county agency are immune from local zoning by virtue of state immunity. … In summary, it is my opinion that foster homes owned, operated, or contracted for by the Department or a county agency are immune from local zoning ordinances by virtue of state immunity.

Opinion No. (2010)

California Attorney General Reports · Sep 9, 2010

viewed as obtaining samples on behalf of the DNA Database Program, the Act itself provides immunity from civil liability to persons who are authorized to take samples and who do so within professional standards. 60 As for … For these reasons, a would-be plaintiff could not establish a civil cause of action.

Attorney General Opinion No.

Kansas Attorney General Reports · Jun 2, 1999

If not a waiver of sovereign immunity, what about having the County's insurance carrier, as well as the [Tribe's] insurance carrier, waiving the defense of sovereign immunity?" … As discussed previously, tribes do have the ability to waive their immunity.

No.

Colorado Attorney General Reports · Aug 30, 1983

Consequently, the LPWA does not qualify under 40 U.S.C. § 484 (j)(3)(A) to participate in the Federal Surplus Property Program. … 101 (1982 repl. vol. 10) or 24-4-102 (3) (1982 repl. vol. 10) (State Administrative Procedure Act), nor within the definition of "public entity" under C.R.S. 1973, 24-10-103 (5) (1982 repl. vol. 10) (Colorado Governmental Immunity

Ago

Florida Attorney General Reports · Oct 4, 1990

The council shall be established by ordinance and composed of nine members who shall be appointed by the governing board. . . . … County tourism promotion agencies are clearly designated county agencies by the terms of s. 125.0104 (9), F.S.

Opinion No.

Arkansas Attorney General Reports · Nov 28, 2011

With respect to your fifth question, a district superintendent is cloaked with a qualified immunity from tort liability in the conduct of district affairs unless the conduct was "intentional" in the legal sense of that term … Individual board members are cloaked from tort liability by the qualified immunity discussed in my response to your previous question.

Opinion No.

Arkansas Attorney General Reports · Jan 10, 2003

Once federal immunity from taxation is established, Congress must express any waiver of that immunity as a "clear, express, affirmative desire." Federal Reserve Bank of St. Louis, supra. … In response to your question, then, I believe federal land banks are clearly exempt from personal property tax on "furniture, fixtures and equipment owned by them and located within the local office."

Ago

Florida Attorney General Reports · Apr 4, 2000

A county may not agree to indemnify another party to a contract or alter the state's waiver of sovereign immunity such that the county's liability may be extended beyond the limits established in section 768.28 , Florida … Question Four As discussed above, the county may not agree to alter the state's waiver of sovereign immunity and extend the county's liability beyond the limits established in section 768.28 , Florida Statutes.

Ago

Florida Attorney General Reports · Jun 29, 2000

The Court determined that the statutory authorization for municipalities to impose the utility tax did not constitute a waiver of the well-established immunity of state or county government from taxation by a municipality … Noting that "[t]he State's immunity from taxation is so well established in Florida's jurisprudence that little elaboration is needed here," the Court concluded that the state and the county were immune from the public service

No.

Colorado Attorney General Reports · Dec 1, 1998

Those violations would not qualify for immunity under the self-audit law. However, a discharge violation by an unpermitted entity, for example, would qualify for immunity. … Clearly then, EPA's attempt to impose its own penalty policy on the states has the same effect as a rule. However, this approach does not comply with the rulemaking requirements and procedures of the APA.