Case law

Ago

Washington Attorney General Reports · Aug 4, 1999

The state constitution provides that the Legislature shall establish a uniform system of county government throughout the state. Const. art. XI, § 4. … The sentence providing for alternative proposals clearly encompasses both the initial approval or rejection of the charter by the voters and the voters' approval or rejection of a subsequent amendment.

(1974)

63 Op. Att'y Gen. 313 · Wisconsin Attorney General Reports · Aug 21, 1974

As in those cases, the parts of a bill which were disapproved by the executive prescribed conditions upon which the payment of the appropriation was expressly made contingent, so that the parts vetoed were clearly integral … In the latter case, an express approval of the law as enacted being required and only a qualified approval given, the act wholly fails. Nowell v. Harrington , 122 Md. 487 , 89 Atl. 1098 ; Wood v.

Opinion Number

Louisiana Attorney General Reports · Jan 26, 2001

The rationale of that opinion does not clearly support the conclusion in Opinion 90-149 although it does allude to a provision in the Lawrason Act. … The person filling this vacancy on an interim basis may qualify for this position at the subsequent election.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1951

Further extens~ion of the proviso clearly is not re- quired or justified by the intent and meaning of the context of the Act. … Clearly, an exten- sion of the proviso so as to qualify the total percentage of par- ticipation and the total amount to be used annually in assigning the amount of participation by local school districts is unauthor

Ago

Florida Attorney General Reports · Jan 29, 1982

The intent of this funding provision is set out clearly in s 394.76 (4)(b), F.S.: It is the intent to establish a uniform funding percentage of 75 percent state financial participation for all community-based, state-aided … In order to be qualified for receipt of state matching funds, there must be in existence within the board district applying for such funds those services described in s 394.75 (3)(a-f), F.S., as set forth above.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2002

Furthermore: [i]f a temporary director fails to qualify for office, the temporary directors who have qualified shall appoint a person to fill the vacancy. … The Honorable Frank Madla - Page 4 (JC-0455) subdivision, such as a city or county, clearly occupies an office.

(1974)

63 Op. Att'y Gen. 473 · Wisconsin Attorney General Reports · Oct 4, 1974

[T]o pass muster under the Establishment Clause the law in question, first, must reflect a clearly secular legislative purpose, . . . second, must have a primary effect that neither advances nor inhibits religion, . . . and … However, as indicated in Nusbaum (1974), at *Page 481 p. 323, a finding of proper secular legislative purpose does not immunize the Act from further constitutional challenge on the basis of possible "primary effect which

Opinion No.

Arkansas Attorney General Reports · Oct 27, 1999

Sections 4(d) (e) of Act 1185 empower the Assessment Coordination Department to establish training, experience, and testing requirements that assessors and others must comply with in order to be qualified to manage the reappraisals … The reappraisal of property upon the basis of which school districts will receive an increased income clearly is a benefit for the schools.

Opinion No.

Texas Attorney General Reports · Mar 25, 2002

The first two elements — the distribution of one or more prizes by chance — are clearly present in the sweepstakes game here. … The Charitable Raffle Enabling Act authorizes qualified organizations — qualified religious societies, qualified volunteer fire departments, qualified volunteer emergency medical service organizations, or qualified nonprofit

Opinion No.

Arkansas Attorney General Reports · Mar 20, 2008

It is of course well established that a statute should be construed just as it reads, giving the words their ordinary and usually accepted meaning. See, e.g., Todd v. Ligon , 356 Ark. 187 , 148 S.W.3d 229 (2004). … Accordingly, in my opinion the answer to your first question is clearly "no" with regard to a request for leave for the purpose of military training.

(1971)

60 Op. Att'y Gen. 284 · Wisconsin Attorney General Reports · Aug 10, 1971

The public right of full access is, however, qualified in three respects: 1. … Any member of the natural resources board or any employe of the department may enter any industrial establishment for the purpose of collecting such information, and no owner of an industrial establishment shall refuse to

Opinion No.

Texas Attorney General Reports · Aug 2, 1978

-Austin 1940, writ ref'd) the court considered whether a hospital superintendent qualified as a state officer. … Clearly the Texas Advisory Commission on Intergovernmental Relations possesses these same badges of sovereign power. Members of the commission are required to take an oath of office under V.T.C.S. article 16.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1950

Articles 4478, 4494c, 4494g, and 4437a, dealing with county hospitals, all require that the voters of the county shall determine whether a tax for establishing and maintaining a hospital will … It is well established as a proper and rea- sonable means of local determination as to the need and uses of au- thorized local taxes.

Opinion Number

Louisiana Attorney General Reports · Sep 24, 1996

fund to satisfy its obligations upon the establishment of the fund . . . . § 1196. … While GSI-Funds do not constitute insurance or insurance companies, they are clearly subject to regulation by the Commissioner.

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Louisiana Attorney General Reports · Oct 26, 2000

R.S. 33:713 is a provision of the Commission-City Manager Plan for municipalities established by R.S. 33:611 — 851. … Clearly, the hiring of Mr. Nielsen by the mayor for an election contest suit was for a private purpose.

Opinion No.

Arkansas Attorney General Reports · Aug 14, 2000

Although Arkansas law does not clearly address this issue, it is nevertheless my opinion that the special election can be held before the judgeship becomes vacant. … See, e.g., Citizens to Establish a Reform Party v. Priest, 325 Ark. 257 , 926 S.W.2d 432 (1996) (addressing the interpretation of statutes); Gazaway v.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1961

Vernon’s Penal Code, is well established and clearly constitutional. City of Wichita Falls v. Cox , 300 S. W. 2d 317 ,(Civ. App. 1957, error ref., n. r. e. ) and, Cases cited therein. … The authority of the Legislature to establish the Firemen’s and Policemen’6 Civil Service, Article 1269m.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1987

We think that the legislative intent behind this hastily-drafted and ambiguous statute is most clearly reflected in Representative Morales' statements. … Then Representative Morales qualifies those statements by saying that the tax would apply to a lawyer's services if, the lawyer "is doing what debt collectors do and that is all."

Ago

Florida Attorney General Reports · Jul 28, 1982

The preceding cases clearly establish that a governmental agency may not deny a license to a person who has been adjudicated a bankrupt solely because the person filed for bankruptcy. … Therefore, I conclude that the Construction Industry Licensing Board may not consider the past or present bankruptcy of an applicant for certification as a contractor in determining whether to qualify an applicant for certification

Opinion No.

Arkansas Attorney General Reports · Oct 22, 2001

Given your latest question, I will qualify my earlier conclusion to the extent of opining that if the pending action qualifies as what you have designated a " county " misdemeanor prosecution — i.e., a prosecution for a misdemeanor … The exercise of its discretion with respect to the termination of pending prosecutions should not be judicially disturbed unless clearly contrary to manifest public interest. United States v.