Case law

(1972)

61 Op. Att'y Gen. 276 · Wisconsin Attorney General Reports · Jun 16, 1972

Title I, also known as the Campaign Communications Reform Act, establishes limitations on the expenditures which may be made on behalf of the candidacy of legally qualified candidates for federal elective office, for the … In other words, by establishing maximums for certain types of expenditures, I feel that Congress intended to insure that expenditures of these types would be allowed up to the maximums established, any state law to the contrary

Untitled California Attorney General Opinion

California Attorney General Reports · Nov 21, 1996

Such is clearly the case here. … . . . not clearly fixed" (Webster's Third New Internat.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1982

limiting the use of public medical facilities to bona fide residents of the county without sweeping within its prohibitions those bona fide residents who had moved into the state within the qualifying … Tex. 1979), aff'd, 648 F.2d 425 (5th Cir. 1981), the court upheld a Texas statute which provided that, if a student lived apart from his parents, he was required, in order to establish residency, to show that his presence

Opinion No.

Arkansas Attorney General Reports · Feb 4, 2002

The title to that act clearly reflects the intent to "provide that elections shall be called with respect to certain county sales and use taxes upon petition of the legal voters of the county[.]" … And qualified voters may petition to abolish a sales and use tax adopted under A.C.A. § 26-75-201 et seq. or § 26-75-301 et seq. See A.C.A. §§ 26-75-210 and -310 (Repl. 1997).

Opinion No. (1997)

Nebraska Attorney General Reports · Mar 6, 1997

Herrington , 206 Neb. 516 , 294 N.W.2d 330 (1980), the court said that the established test for vagueness in a statute is whether it either forbids or requires the doing of an act in terms so vague that persons of common … , as is pertinent: The Legislature shall not pass local or special laws in any of the following cases, that is to say: * * * * Granting to any corporation, association, or individual any special or exclusive privileges, immunity

Opinion No. (2010)

California Attorney General Reports · Dec 20, 2010

in mind" 35 when it established and modified the scope of article 8. … "To overcome the presumption the two acts must be irreconcilable, clearly repugnant, and so inconsistent that the two cannot have concurrent operation.

Opinion No.

Arkansas Attorney General Reports · Jul 23, 1999

CREDITS, IN WHOLE OR IN PART, FOR HANDICAPPED, DISABLED, OR ELDERLY INMATES, WHICH SHALL STAND EXCEPT IN CASE OF POLICY DECISIONS SHOWN TO BE WITHOUT RATIONAL BASIS, OR IN THE CASE OF FACTUAL DETERMINATIONS SHOWN TO BE CLEARLY … Who decides which prisoners are "suitably qualified" and "employable"? (Section 3).

(1971)

60 Op. Att'y Gen. 101 · Wisconsin Attorney General Reports · Mar 24, 1971

Zimmerman would be constitutional under the rules later established by the United States supreme court in Reynolds v. Sims . … In my judgment, however such a supposition is clearly without foundation. Consideration of any such action at this time is, at best, most premature.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1969

The statute provides in Section 2(f) (1) for the appointment of qualified experts to examine an accused to determine the accused's sanity and competency to stand trial. … The procedure for commitment of a person accused of crime to a state mental hospital is established by Arti- -2538-  . Dr.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1939

Does the distriot court have original juris- diotion to try delinquent tax suit for foreclosure of tax lien on land againat an estate, with a qualified and acting administratrix, without first … the exeoutor or administrator, either in whole or in part, the owner of suoh olaim may, within ninety days after suoh rejection, aMnot thereafter, brings suit against the executor or administrator for the establish

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1992

Section 81.103(a) of chapter 81 of the Health and Safety Code provides that acquired immune deficiency syndrome (AIDS) and HIV test results are confidential, and that a person who “has knowledge of a test result may not release … Clearly, in informing the board secretary and executive director about a dental health care worker’s HIV status without the dental health care worker’s written authorization, the expert panel would reveal confidential information

Opinion No.

Texas Attorney General Reports · May 28, 1987

All public agencies shall, in the purchase of commodities by competitive bidding, accept the lowest qualified bid from a firm resident in Arkansas, provided that said bid does not exceed the lowest qualified bid from a non-resident … Clearly, section 14-293 discriminates solely on the basis of residence and is the type of provision which article 601g, V.T.C.S., was intended to reciprocate.

Opinion No.

Arkansas Attorney General Reports · Nov 16, 2004

However, notwithstanding the foregoing, it is well established that constitutional provisions, including amendments, take precedence over any law passed by the legislature. Gravett v. … By contrast, the cap imposed in subsection (d) clearly hinges on the owner's status as a senior or a disabled person.

Opinion Number

Louisiana Attorney General Reports · Apr 8, 2009

In so holding, we note that the parish or municipality should establish objective eligibility requirements to ensure that the activity truly serves only the needy. … On the other hand, the Town would not be prohibited from adjusting a water bill that is clearly incorrect, such as in the case of a misread meter.

Opinion No.

Arkansas Attorney General Reports · Feb 7, 1997

Green to officers whose specific qualifications are not established by the constitution, but who must merely meet the general qualifications set by our constitution. … See Comment, County Government Reorganization in Arkansas, supra. 4 Clearly, the legislature may set the duties of the county treasurer.

Opinion No.

Texas Attorney General Reports · May 5, 1983

A deaf, hearing impaired, or speech impaired person who desires to participate in the program is required to apply to the Texas Commission for the Deaf, which is empowered to issue eligibility certificates to qualified individuals … In our opinion, such a program clearly contravenes article III, section 51, and article XVI , section 6 , of the Texas Constitution. In view of this determination, we need not address your other questions.

Opinion Number

Louisiana Attorney General Reports · Sep 3, 2009

Clearly, this is another issue of fact that currently in dispute and contention. Initially, it is important to address this Office's fundamental policy when there are disputed issues of fact. … that an individual's position qualifies as an administrative position. 7 Rather, the employee's salary and duties must be examined to assess whether they satisfy the requirements of the regulations governing the administrative

Attorney General Opinion No.

Kansas Attorney General Reports · May 9, 2002

K.S.A. 2001 Supp. 82a-1038 , which provides how the Chief Engineer establishes an IGUCA clearly requires that in any case (presumably in or out of a GMD) the Chief Engineer must make the findings listed in the statute in … The voting restrictions apply to any public or private corporation; for example, a municipality withdrawing groundwater in an amount of one acre-foot or more per year qualifies as a single eligible voter within the definition

(2000)

85 Op. Att'y Gen. 238 · Maryland Attorney General Reports · Aug 30, 2000

The Act establishes educational, examination, and other prerequisites for licensure as a physical therapist or a physical therapist assistant. HO § 13-302 through § 13-306 . … A staff summary in the legislative file states that "major substantive change" made by the 1993 law was to "clearly defin[e] the professional groups subject to the Act." Bill Analysis for Senate Bill 176 (1993).

Ago

Florida Attorney General Reports · Jun 1, 2005

Fla. 00-57 (2000) (van "designed" to carry cargo but subsequently modified to carry more than 10 children did not qualify for exemption from seat beat law for a bus which is defined as motor vehicle designed for carrying … Stat., was adopted in 1971, see Ch. 71-135, Laws of Fla.; the commission was established in 1983 by Ch. 83-423, Laws of Fla.