Case law

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Florida Attorney General Reports · Oct 8, 1975

Article VIII, State Const., relating to home rule for counties and cities, provides in s. 1(c) thereof as follows: Pursuant to general or special law, a county government may be established by charter which shall be adopted … (The proposal may be initiated by resolution of the board of county commissioners or by petition of at least 15 percent of the qualified electors of the county. Section 125.61 .)

Attorney General Opinion No.

Kansas Attorney General Reports · Jul 16, 2007

The KOMA applies to the meetings of bodies representing public agencies, as set forth by K.S.A. 75-4318 . 1 K.S.A. 72-4468 et seq. authorize the establishment of technical colleges and the creation of boards. … Such a board clearly qualifies as "a legislative and administrative body which receives or expends and is supported in whole or in part by public funds."

Opinion Number

Louisiana Attorney General Reports · Aug 20, 1992

Pursuant to Article XII, Section 8 of the Constitution, the Legislature has established a system of public health including a hospital system for indigent persons. … The establishment of such an entity has been said to be within the constitutional powers of the Legislature by the Supreme Court.

Opinion No. (2009)

California Attorney General Reports · Jan 9, 2009

The case most often cited as establishing the exception is City of Los Angeles v. … Involuntary indebtedness was clearly the focus of the opinion, and we are not inclined to read it more expansively than that. Cf. All Persons Interested , 152 Cal.

Opinion Number

Louisiana Attorney General Reports · Apr 9, 2007

The Supervisory Committee on Campaign Finance Disclosure is established. … In your letter you object to language contained in our opinion, and to quote from your letter, "particularly, the Attorney General's interpretation of laws clearly under the Board's jurisdiction in R.S. 18:1511.1 , et seq

Opinion Number

Louisiana Attorney General Reports · Jul 18, 1997

The Title 41 provisions referenced above authorize leases between political subdivisions and state agencies and establish requirements for such agreements. … The language of R.S. 17:3055 (7) which authorizes the Authority to lease its property, "on any terms and conditions as may be lawful . . ." indicates clearly that the Authority is given broad discretion and that this grant

Opinion No.

Texas Attorney General Reports · Jan 27, 1978

The latter statute authorizes every incorporated city with a regularly organized active fire department to establish a firemen's retirement fund. … Clearly, fire protection constitutes a `public purpose.'

Opinion No.

Arkansas Attorney General Reports · Jul 23, 1999

IN WHICH THE MOST RECENT MEASURING RACE WAS NOT TABULATED, ON THE SIGNATURES OF THE LESSER OF TEN PERCENT (10%) OF THE WHOLE NUMBER OF VOTERS REGISTERED WITHIN THE TAXING UNIT, OR 100 TAXPAYING VOTERS OF THE TAXING UNIT; ESTABLISHING … Such entities are prohibited, under your proposal, from borrowing money without the approval of the "qualified electors thereof."

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1991

Your request letter states that you have concluded that “to be eligible and qualified to write a bail bond for a case pending in a court in Tarrant County, the person acting as bondsman must be licensed by … Counties of over 110,800 population must, and counties with smaller Ropulations may, establish county bail bond boards. Id 0 5(a).

Opinion No.

Arkansas Attorney General Reports · Dec 19, 2001

Both men are qualified. … As reflected in my response to your previous two questions, I believe Act 1835 clearly applies to all of the other officers listed in your request.

Opinion No.

Texas Attorney General Reports · Dec 30, 1983

Article 1581e-1, V.T.C.S., was enacted in 1969 to enable coastal counties to qualify for participation in the National Flood Insurance Program. … [the predecessor of section 16.315] clearly is not an unconditional grant of authority for political subdivisions to enact land use regulations not otherwise sanctioned by law.

Opinion No. 108-80 (1980)

Missouri Attorney General Reports · Apr 8, 1980

We believe that § 205.374 was only intended to establish and make certain the procedure for the board of trustees and the judges of the county court to sell all of the county hospital property. … Clearly there is no such authority.

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Florida Attorney General Reports · Nov 29, 1976

These sections create only a qualified exemption from the provisions of the Public Records Law for certain records kept and maintained by the board and investigative reports and records made or received by the board. … Hence, it is clearly beyond the scope of the authority of the board to adopt and enforce any rules and regulations which qualify, extend, or enlarge upon the accountant-client privilege. See Greenberg, supra.

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Florida Attorney General Reports · Feb 10, 1997

This makes the cost of sex offender victimization to society at large, while incalculable, clearly exorbitant." 2 The statute establishes mandatory community notification procedures for those sex offenders who are determined … court noted that the cause of action against a police department for outrageous infliction of mental distress resulting from the unauthorized display of a police autopsy videotape at a private party, was barred by sovereign immunity

Opinion No.

Texas Attorney General Reports · Jul 8, 1987

In Attorney General Opinion JM-340 (1985), it was noted that prior opinions had established that an entity will be covered by the Open Meetings Act if it is a "governmental body" which holds "meetings" as those terms are … Flack be, and he is hereby, appointed as County Auditor of Harris County, Texas for a term beginning January 1, 1987 and ending December 31, 1988, and until his successor is appointed and shall have qualified.

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Florida Attorney General Reports · Oct 18, 1995

Any comments expressed herein, therefore, must be qualified accordingly. 8 While federal law regulates gambling on cruise ships in the territorial waters of the United States, it does not appear that such regulation is preemptive … The Gambling Ship Act, 18 U.S.C. ss. 1081-1083 , is applicable to gambling ships, which the act defines as "vessel[s] used principally for the operation of one or more gambling establishments." 18 U.S.C. § 1081 .

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Florida Attorney General Reports · Aug 19, 1976

That section provides, inter alia: (1) Each county fee officer shall establish an annual budget for his office which shall clearly reflect the revenues available to said office and the functions for which money is to be expended … As qualified above, your third question is answered in the negative.

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Florida Attorney General Reports · Jun 25, 2003

Canteen Corporation , 369 So.2d 391 (Fla.2d DCA 1979) (absent specific constitutional or statutory requirements, public agency has no obligation to establish a bidding procedure and may contract in any manner not arbitrary … Fla. 73-250 (1973) (specific provisions in body of act clearly expressing legislative intent control over a clause in the act that conflicts with such intent). 8 Section 287.055 (2)(b), Fla.

Opinion No.

Texas Attorney General Reports · Nov 4, 1981

In 1962, the Texas Legislature created the Jefferson County Drainage District No. 7, a special district established pursuant to article XVI , section 59 of the Texas Constitution. Acts 1962, 57th Leg., ch. 34, at 98. … The legislature is clearly empowered to determine that the requisite number of signatures on a petition to call an election be less than a majority.

Opinion No.

Arkansas Attorney General Reports · Aug 24, 2005

qualify as "public records" under this definition. … The FOIA does not define the phrase "clearly unwarranted invasion of personal privacy."