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March 18, 2003

LA Attorney General Opinions

Summaries of Attorney General opinions released from March 10 through March 14 are provided compliments of the the Louisiana Attorney General's Office. Written legal opinions are case-specific and are intended to be used and interpreted by the requestor. To order a copy of the full opinion, please contact the Louisiana Attorney General's Office at 225-342-7013.

Addresses issues concerning the statutory authority of LASFAC in promulgating rules implementing the Tuition Opportunity Program for Students (TOPS). (Whitney)
Op to Mr. Jack L. Guinn, Office of Student Financial Assistance, Baton Rouge, LA
Date Released: March 12, 2003

Funeral homes which offer refrigeration services as an alternative to embalming may not hold a body, even if it is refrigerated, for more than thirty hours without embalming. (Pitman)
Op to Honorable Daniel T. Flavin, State Representative, Lake Charles, LA
Date Released: March 14, 2003

According to the General Records Retention Schedule for the clerk of court, set by the Archives & Records Management Department of the Secretary of State, traffic summons shall be held for three years from the date of issuance, and DWI records shall be held for ten years from their date of issuance. (Braud)
Op to Maurice B. Friedman, Judicial Administratorís Office, New Orleans, LA
Date Released: March 14, 2003

A constable who does not perform his duties at the direction of the Justice of the Peace can be reported to the District Attorney for possible malfeasance. (Rutledge)
Op to Mr. A.J. Montalbano, Justice of the Peace, Lacombe, LA
Date Released: March 14, 2003

La. Const. (1974) Art. 7, '14(B)(2) expressly authorizes contributions of public funds to pension and insurance programs for the benefit of public employees; therefore, contributing public funds for this purpose does not violate La. Const. (1974) Art. 7, '14. (Halligan)
Op to Mr. Robert J. Clouatre, Ascension Parish School Board, Donaldsonville, LA
Date Released: March 14, 2003

Discrimination on the basis of familial status in the sale or rental of housing is unlawful
unless it may designated housing for older persons. (Rutledge)
Op to Hon. Jennifer Sneed, State Representative, District 81, Metairie, LA
Date Released: March 14, 2003

Citations for violations under La. R.S. 56:326 F (1) should be given when the dealer timely provides the required information and the enforcement officerís investigation produces probable cause to believe that the dealerís information is false or not in conformity with La. R.S. 56:326 F (2). Further, boiled crabs should not be checked for violations of this statute. (Perry)
Op to Mr. Jerald Horst, Louisiana Seafood Industry Advisory Board, Metairie, Louisiana Date Released: March 14, 2003

There is no violation of dual officeholding then both positions are held in the executive
branch of government and one is full-time but the other is part-time. (Rutledge)
Op to Ms. Susan S. Pellegrin, Department of Transportation, Baton Rouge, LA
Date Released: March 14, 2003

There are three separate and independent school districts within East Baton Rouge ParishCviz., the East Baton Rouge Parish School District, the City of Baker School District, and the City of Zachary School DistrictCthe territorial area of each of which is mutually exclusive of the others. Likewise, it is our opinion that each of these three school districts has its own EFI District, whose territorial boundaries are coterminous with its school district. When any of these EFI Districts submits a tax proposal to the voters, only the voters of that particular EFI DistrictCand not any of the voters of the other two EFI DistrictsCmay vote on the tax proposal. Of course, if any EFI District=s tax proposal receives the approval of its voters, its tax proposal will become effective only within its own EFI District but will have no effect in either of the other two EFI Districts. (Halligan)
Op to Mr. Clayton M. Wilcox, E.B.R. Parish School District, Baton Rouge, LA
Date Released: March 14, 2003

Posted by AJR at March 18, 2003 09:19 PM
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