State AG Opinions
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Does a town's special meeting notice still violate FOIA if there was a genuinely good reason for the short notice?
Yes, under the law as it stood in 2001, even when the underlying rush is legitimate. The AG found the Town of Odessa violated FOIA by posting notice of a December 23, 2000 special meeting, called to g…
Can an Oregon district attorney run for reelection while their disbarment is on appeal to the Oregon Supreme Court?
Yes for the candidacy, no for the term. A trial-panel decision to disbar did not disqualify a district attorney from running. But Supreme Court disbarment after reelection would create an automatic va…
Which open-government and procurement laws apply to a Texas local government corporation?
The Attorney General concluded that local government corporations created under chapter 431, subchapter D of the Transportation Code must comply with the Texas Open Meetings Act and the Texas Public I…
Is there a time limit to discipline a sheriff's department employee under a Texas county civil service system?
The Attorney General concluded there is no statutory time limit for taking disciplinary action against a sheriff's department employee covered by a subchapter A county civil service system, though the…
Can a Texas school district operate a campus outside its own geographic boundaries?
The Attorney General concluded that an independent school district may not operate a school outside its geographic boundaries. Boles ISD, located in Hunt County, wanted to run the former private Phoen…
Can a school board discuss disagreements between its own members in a closed personnel executive session?
No, under the law as it stood in 2001. The AG found the Indian River School District violated FOIA by discussing "Boardsmanship," personal disagreements among the board's own members that led to a boa…
Can a New York county ban drivers from using hand-held cell phones on its roads, or does state law preempt the local rule?
There is a substantial possibility the local law would be preempted. The AG concluded that Vehicle and Traffic Law § 1604 expressly prohibits local laws that 'in any other way' restrict motor vehicles…
Can Idaho Correctional Industries sell its prison-made goods to a private retailer or wholesaler that just wants to use the goods itself, instead of reselling them to the public?
No. Idaho Correctional Industries can sell to retail or wholesale establishments only if those buyers intend to resell the goods to the general public. The 1978 amendments to Idaho Code 20-413 dropped…
Does a Texas city have to apply its telecom right-of-way excavation permit rules to every other company too?
The Attorney General concluded that Chapter 283 of the Local Government Code does not force a city to extend a certificated telecommunications provider (CTP) excavation-permit ordinance to entities th…
Can the spouse of a county political party chair serve as an early voting ballot board judge in Texas?
The Attorney General concluded that the wife of the San Jacinto County Republican Party chairman could serve as a judge on the Early Voting Ballot Board, because her husband was not an opposed candida…
Can a Texas county commissioner use county equipment to dig graves in a private cemetery?
The Attorney General concluded that an individual county commissioner may not use county labor and equipment to open and close graves in a private cemetery, even free of charge, because public labor a…
If the tax office never sent the required notice, do I owe years of penalties and interest on my delinquent Texas property tax?
The Attorney General concluded that when a tax collector fails to send the five-year delinquency notice that section 33.04(b) of the Tax Code requires, the property owner is not responsible for any pe…
Does the Texas Open Meetings Act apply to a city economic development corporation's board?
The Attorney General concluded that the board of the Bryan-College Station Economic Development Corporation was not subject to the Texas Open Meetings Act. The corporation was a nonprofit organized un…
Does the Texas rule requiring a city to treat all proposers fairly apply to every request for proposals?
The Attorney General concluded that because his office cannot make findings of fact, it could not determine whether San Antonio broke the law in awarding a roughly $4.6 million advertising contract fo…
Can a Texas city or government agency ban concealed handgun license holders from its buildings and property?
The Attorney General concluded that a unit of government cannot ban concealed handgun license holders from carrying on its property just by passing its own rule, regulation, or policy, because the sta…
Can the Texas pest control board control what's in an exterminator's contract or force the company to honor it?
The Attorney General concluded that the Texas Structural Pest Control Board, an agency with only the powers the legislature gave it, may regulate the language of contracts between its licensees and co…
Does a Texas county clerk have to time-stamp a document the moment it's filed, and can the clerk close early to process filings?
The Attorney General concluded that no statute expressly requires a county clerk to 'file stamp' a document, but the clerk must note the date and time on each instrument immediately when it is receive…
Does a Texas home warranty company need both a Real Estate Commission license and a state licensing department registration?
The Attorney General concluded that two Texas statutes regulate two different kinds of service contracts and do not overlap. Article 6573b (the Residential Service Company Act) requires a license from…
When the federal Environmental Protection Agency shares draft hazardous-site rankings or other pre-decisional documents with North Carolina's environmental department, do North Carolina's open records laws require the state to release them to the public, or can the state keep them confidential under federal Freedom of Information Act exemptions?
The state can keep them confidential, but only by using a specific statutory channel. The 2001 NC AG opinion explained that N.C.G.S. § 130A-304(a)(2), added in 1991 at the EPA's request, makes informa…
Did Oregon's ban on campaign contributions to elected officials during legislative sessions violate the state free-expression clause?
Yes. ORS 260.174's session contribution ban violated Article I, section 8 of the Oregon Constitution. Under Vannatta v. Keisling, contributions are expression, and Oregon's strict free-speech doctrine…
Could North Carolina successfully challenge the federal open-container law in court, on the theory that Congress overstepped its spending power by conditioning federal highway funds on states adopting that specific drunk-driving rule?
No, the 2001 NC AG opinion concluded that a constitutional challenge to the federal open container requirements in 23 U.S.C. § 154 would not likely succeed. The 1987 U.S. Supreme Court decision in Sou…
Which of fifteen new misdemeanor offenses created by the Georgia General Assembly in 2000 should be added to the list for which arrestees must be fingerprinted by the Georgia Crime Information Center?
Three. The Georgia AG designated O.C.G.A. § 48-13-60 (innkeeper false or fraudulent excise tax returns), § 50-25-7.9(b) (improper personal purchases through the Georgia Technology Authority), and § 50…
Does a mortgage banker or broker's bankruptcy filing pause a New York State Banking Department proceeding to suspend or revoke its license for consumer fraud or undercapitalization?
No. The AG concluded that an NYSBD enforcement action under Banking Law § 595 for fraudulent consumer practices or undercapitalization fits the 'police or regulatory power' exception to the bankruptcy…
Are Georgia's statutes letting public school classrooms display 'In God We Trust' and including 'respect for the creator' in the K-12 character curriculum facially unconstitutional under church-state separation principles?
No. The Georgia AG concluded that neither O.C.G.A. § 50-3-4.1 (the 'In God We Trust' display) nor § 20-2-145 (the character-education trait of 'respect for the creator') is unconstitutional on its fac…
Can a Georgia physician's assistant write prescriptions for controlled substances and obtain a DEA registration number?
Yes, in a limited way. The Georgia AG concluded that under O.C.G.A. § 43-34-103(e.1), a PA may prescribe Schedule III, IV, and V controlled substances when acting under proper physician supervision an…
Can you expunge your arrest record after deferred adjudication probation in a Texas county court?
The Attorney General concluded that a person who pleaded guilty to a class C misdemeanor in a county criminal court, paid a fine, and was placed on deferred adjudication probation is not entitled to e…
Can a Texas county require bidders to attend a mandatory prebid conference for a public works contract?
The Attorney General concluded that a county commissioners court could not condition acceptance of public-works bids on attendance at a mandatory prebid conference. The County Purchasing Act (chapter …
If a city council member automatically resigns by running for another office, must the city hold a special election to replace them?
The Attorney General concluded that when a home-rule city has extended its council terms beyond two years, a vacancy created by a member's automatic resignation must be filled by a special election, n…
If a developer sues a New York village board, do the board members automatically have to recuse from later applications by the same developer or a related entity?
No. Pending litigation does not automatically disqualify board members from hearing later applications by the plaintiff. The board must look at the specific facts, including personal liability exposur…
Can the North Carolina Board of Mortuary Science still enforce its long-standing rule against funeral home advertising of discounts and credits, given recent U.S. Supreme Court cases protecting commercial speech under the First Amendment?
Yes, but only carefully. The 2000 NC AG opinion drew a sharp distinction. When N.C. Gen. Stat. § 90-210.25(e)(1)f is applied to prohibit funeral home licensees from paying actual referral fees or comm…
Does writing 'signed under duress' on a traffic ticket get you out of going to court?
The Attorney General concluded that writing protest words such as 'forced to sign under threat, duress and coercion' next to your signature on a traffic ticket changes nothing. Traffic law is public l…
Can Texas state agencies buy goods through online reverse auctions?
The Attorney General concluded that a 'reverse auction,' where prequalified vendors watch each other's prices fall and keep underbidding online, is not the sealed-bid competitive bidding Texas law req…
Can a state vendor count purchases from a minority-owned broker toward its HUB goal?
The Attorney General concluded that the Texas Lottery Commission may count a vendor's purchases made through a HUB broker or 'pass-through' entity toward the vendor's good-faith historically underutil…
Who has final say over hiring at a Texas probation (CSCD) department, the judges or the director?
The Attorney General concluded that the district judges who manage a community supervision and corrections department, not the department director, hold the final authority to approve the people the d…
When a Mecklenburg County Superior Court judge is elected in 1998 to fill a vacancy left by a retiring judge, is the elected term eight years or only the unexpired remainder of the prior judge's term?
Eight years. AG Mike Easley's office concluded that under N.C. Gen. Stat. § 163-9(b)'s second paragraph, when a vacancy occurs in a multi-judge superior court district located entirely in a county not…
Did the Maine Turnpike Authority chair violate state conflict-of-interest law by voting on a turnpike interchange while owning nearby property?
After an investigation requested by Governor King, the Maine AG concluded that Maine Turnpike Authority Chair Julian Coles did not violate the substantive conflict-of-interest prohibition in 5 M.R.S.A…
Can a New York village charge for use of its public docks with a parking meter, and run boat parking tickets through a village traffic court?
The village may use meters to collect dock fees but cannot run boat parking tickets through a traffic violations bureau. The AG concluded that Village Law § 4-412(3)(8) lets a village charge for use o…
Could the South Dakota State Auditor set a cutoff time after which late-arriving wage garnishment summonses would not attach to an already-printed state employee paycheck, so the payroll system could be fully automated?
Not under existing statutes, but the Legislature could add one. The AG concluded that SDCL 21-18-12 and 21-18-40 fixed garnishee liability at the moment a summons was served, so neither the Auditor no…
Does a public board's committee meeting become an open meeting if a quorum of the full board shows up?
The Attorney General concluded that a committee of the Edwards Aquifer Authority's board, normally not covered by the Open Meetings Act, becomes subject to the Act once enough other board members atte…
When does an arrested person become the county sheriff's responsibility in Texas?
The Attorney General concluded that a person arrested by another law enforcement agency, and hospitalized because of that arrest, becomes the sheriff's responsibility the moment a magistrate issues a …
Is a public hospital district's building tax-exempt if it's leased to private doctors?
The Attorney General concluded that a building the Karnes County Hospital District owns but leases to private physicians for their own medical practice is not exempt from property tax. To qualify, the…
Can Fort Worth police and firefighters retire on pension for a line-of-duty injury under section 143.073?
The Attorney General concluded that Fort Worth's retirement fund, which covers all city employees, is not a 'fire fighter's or police officer's pension fund.' Because Local Government Code section 143…
Can a kid under 14 be hired to sign up newspaper subscribers in Texas?
The Attorney General concluded that a child under 14 generally cannot be employed to solicit newspaper subscriptions, because Texas law classifies solicitation as a hazardous occupation closed to work…
Does a Texas state board have to follow the Open Meetings Act when its members attend a legislative hearing?
The Attorney General concluded that when a quorum of a state board attends a legislative committee hearing and one or more members joins in discussing matters within the board's jurisdiction, the gath…
Can a private citizen be charged under the Open Meetings Act for lobbying county commissioners one at a time?
The Attorney General concluded that a private citizen who, on their own initiative, goes to county commissioners one by one to urge them to put an item on the agenda or to vote a certain way does not …
Can the elected mayor of a North Carolina town also serve as Tribal Chairman of the Lumbee Indian Tribe, or does North Carolina's dual office holding rule force the mayor to give up one of the positions?
Yes, the mayor can do both. The 2000 NC AG opinion concluded that Mr. Milton R. Hunt, the elected mayor of Pembroke, could also serve as Tribal Chairman of the Lumbee Tribe without violating North Car…
Can the Maine Senate elect two co-Presidents to share the office at the same time?
The Maine AG concluded the Maine Constitution does not permit two co-Presidents of the Senate. Article IV, Part 2, § 8 contemplates a single President. The President is first in the line of gubernator…
Can the same person serve as both the village's volunteer fire chief and its fire marshal in New York?
No, on the specific Southampton facts. The AG concluded that because the Southampton Village Code gave the fire marshal authority to investigate whether the fire department and fire chief had responde…
Who is the 'judicial officer who collected the fees' for Texas time-payment fee funds, the clerk or the judge?
The Attorney General concluded that the 'judicial officer who collected the fees' in Government Code section 51.921(d) is the court clerk who actually receives time-payment fees under subsection (a), …
If a Texas county drops out of the county-court judge salary program midyear, does it still get its share of the money?
The Attorney General answered two questions about a county that stops collecting the section 51.702 court fees in the middle of a program year. First, the Comptroller does not have to keep sending tha…
Can an out-of-state nonprofit be certified as a nonprofit health organization by the Texas Medical Board?
The Attorney General concluded that the Texas State Board of Medical Examiners may certify only nonprofit corporations chartered under the Texas Non-Profit Corporation Act, not foreign (out-of-state) …
Is a Delaware school district still in violation of FOIA if it eventually turns over records, just later than the requester wanted?
Not necessarily. The Delaware AG found no FOIA violation where a school district eventually provided everything a requester asked for, including enrollment figures, meeting minutes, and access to meet…
When a New York village votes to move its general election from March to November, how are sitting officers' terms adjusted to avoid gaps in office?
The AG concluded the terms of incumbent and newly elected officers are extended (never truncated) to bridge the gap to the new election date. Election Law § 15-104(2) extends the terms of officers ele…
Do Texas manufactured-home dealers and installers need a license to buy refrigerants?
The Attorney General concluded that manufacturers, retailers, rebuilders, and installers of manufactured homes are exempt from the entire Air Conditioning and Refrigeration Contractor License Law (art…
Can Texas change how state employees are paid for unused vacation accrued years earlier?
The Attorney General concluded that state employees do not have a vested constitutional right to the particular formula the state once used to value their accrued vacation when they leave. Even assumi…
Can a Texas county change the name of a county road that already has a name?
The Attorney General concluded that a county commissioners court's power under Transportation Code section 251.013 to name public roads in unincorporated areas includes the power to rename a road that…
When a county board fires an entire hospital authority and there are no remaining hospital commissioners to nominate replacements, who can appoint the new commissioners?
The AG declined to issue an advisory opinion because the same issue was already being litigated in Onslow County Superior Court. The AG's office said it ordinarily declines to opine on matters that ar…
Does a city have to produce a funding statement under FOIA if it never actually wrote one?
No, under the law as it stood in 2000. The AG found Newark didn't violate FOIA by not producing a written funding statement for a new power project because the city never actually created that documen…
Could a Texas county grant a tax abatement to a business that leased tax-exempt real property in a reinvestment zone?
No. The Attorney General concluded that Tax Code section 312.206(a) allowed a county to make the derivative tax-abatement agreement only with the owner of taxable real property. A leaseholder of tax-e…
Does claiming a property tax exemption trigger the agricultural rollback tax on Texas open-space land?
The Attorney General concluded that qualifying agricultural open-space land for a youth-development-association tax exemption under Tax Code section 11.19 does not, by itself, count as a change of use…
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