State AG Opinions
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Can a New York police department give the Crime Victims Board a copy of a police report, even when the underlying crime is a sex offense or HIV-transmission offense whose victim's identity is confidential under Civil Rights Law § 50-b?
Yes. Executive Law § 623(4) authorizes the Crime Victims Board to request, and local law enforcement to provide, police reports needed to investigate claims for compensation. Civil Rights Law §…
Can the Justice Court Technology Fund pay for a constable's computer or training?
A county criminal district attorney asked whether Jasper County's Justice Court Technology Fund, built from fees paid by misdemeanor defendants in justice court, could buy a desktop computer for a…
Could a Maryland campaign committee make an unlimited payment for a political party's routine administrative costs?
No. The Attorney General concluded that a campaign finance entity could spend its funds only for electoral purposes. Earmarking a payment to a party solely for ongoing administrative expenses…
Could a statewide Maryland health information exchange share records without special patient authorization?
Yes, under the Maryland law examined in 2007. A health information exchange could share records for care, payment, and other permitted purposes without the Act's special patient authorization if…
Could a Florida town be dissolved through a citizen petition to amend its charter?
The 2007 informal letter did not decide whether Cedar Grove's citizen petition could dissolve the town. It described the separate state-law routes for dissolution and charter amendments, and…
When does a Texas county senior tax freeze take effect, and what year is the base year?
DeWitt County voters approved a property tax freeze for homesteads of people 65 or older or disabled at a November 2005 election, but the commissioners court never adopted a resolution to implement…
Did South Carolina’s ban on expungement destruction fees also bar the solicitor’s processing fee?
The AG concluded that the ban on charging for destruction of records did not include the separate fee collected by a solicitor’s office for administering an expungement application. Under the Chief…
Could a South Carolina voter choose one party’s presidential primary and another party’s state primary?
The AG concluded the state prohibition on voting in two parties’ primaries for the same general election did not bar that combination. It treated the presidential and state or local primaries as…
Could outside officers help decide a Florida police misconduct complaint before the employing agency made its initial findings?
The 2007 informal letter said investigative confidentiality prevented officers from other law enforcement agencies from participating in resolving a complaint before the employing agency made its…
Did South Carolina’s education board have to consider every school district debt service waiver request?
The AG said the board had to consider each request and consult the State Treasurer, but did not have to hold a formal hearing for each one. The board retained discretion to deny a waiver even when…
Could a South Carolina police chief dismiss a municipal court ticket issued by an officer in the department?
The AG concluded a police chief could act as chief prosecutor and enter a nol pros on the municipal court tickets described. It distinguished those cases from general sessions matters and the DUI…
Could a sheriff give a civilian an honorary badge?
The California Attorney General concluded in 2007 that a badge could not falsely imply peace officer authority or, with the sheriff’s knowledge, falsely imply membership in a predominantly law…
Could a Florida community association tell a trespasser to leave an owner's property?
The 2007 letter said section 810.09 included community associations as authorized persons when the owner had authorized the association to act as an agent. The office said the statute would appear…
Could one Beaufort County employee serve as both deputy sheriff and deputy treasurer?
The AG concluded that a deputy sheriff and a deputy treasurer were both public offices for dual office holding purposes. Holding both simultaneously would most probably violate the South Carolina…
Could Connecticut’s Child Advocate obtain mental health agency records for former child-welfare clients over age 18?
Yes, on the facts presented. The AG concluded that the Child Advocate could obtain the requested mental health agency records needed to evaluate services and transitions from child welfare, even…
Can a Texas city lease or sell part of a city park to a school district to build a school?
El Paso County asked, for the Ysleta school district, whether a home-rule city could lease or sell part of an existing city park to a school district for a new school. The Attorney General said yes…
Can a former Texas judge become a prosecutor in the same county where she was a judge?
The Dallas County District Attorney asked about a former district judge, now an assistant district attorney in his office, who is prosecuting and supervising Child Protective Services cases in the…
Can a Texas appraisal district's in-house lawyer also advise the appraisal review board?
No. Because an appraisal review board hears protests against the appraisal district itself, the district's in-house counsel cannot also serve as the board's lawyer; private legal discussions between…
Could Fairfield County schools use prior year surplus to cover a deficit without county council approval?
The AG said the district could allocate prior year surplus to its current deficit under its own budget authority and procedures; that allocation did not appear to require county council approval.…
Did a dealer need a repossession license to collect a voluntarily returned leased car?
The California Attorney General concluded in 2007 that the dealer needed a repossession-agency license when collecting an expired-lease car for the lessor under contract, even though the lessee…
Are photos taken by a medical examiner's investigator at a car accident scene exempt from Florida public records disclosure?
The 2007 letter said the autopsy-record exemption did not cover crime scene photographs merely because a medical examiner held them. Photos made as part of the autopsy process were treated differently.
Does Florida's farm-building exemption cover the whole Building Code or only structural rules?
The 2007 informal letter read the exemption for nonresidential farm buildings on farms as referring to the whole Florida Building Code, not merely its structural provisions. It repeated an earlier…
Could Connecticut's comptroller offer municipalities a pooled, self-funded employee health plan in 2007?
Yes, under the statute discussed in 2007. The Attorney General concluded that the comptroller could offer a voluntary, risk-pooled, self-funded health plan to municipal employers, and that this…
Could Naples change its city election and candidate qualifying dates by ordinance to coincide with the presidential primary?
Yes. The 2007 opinion said Naples could amend its charter by ordinance to hold its regular municipal election alongside the presidential preference primary every four years and set a corresponding…
Could a family living on a 99-year residential land lease qualify for Florida's homestead tax exemption?
The 2007 opinion said a bona fide residential lease with an original term of at least 98 years could qualify, including the home on the leased land. It left technical valuation questions to the…
Could a Florida property appraiser shift a pre-2003 road assessment from subdivision common land to individual lots?
No. The 2007 opinion found that section 193.0235 did not authorize a property appraiser to move an existing special assessment from subdivision common elements to individual lots when the bonds had…
Did five years of pre 1984 school service qualify a retiree for state paid health insurance?
The AG said a qualifying former school or state employee could participate in the state health plan at retirement under the older service exception, but had to pay the full premium. It limited the…
Did five years of pre-1984 school service give a returning employee state paid retiree insurance?
The AG concluded that a person with five qualifying years of state or school district service credited under the state retirement system before July 1, 1984 could join the state health plan upon…
Could a superintendent bar an employee from a public board meeting about his demotion?
The California Attorney General concluded in 2007 that the superintendent could not stop the employee from attending the public school board meeting or speaking during public comment on the agenda…
Could the public inspect a county receipt showing documentary transfer tax?
The California Attorney General concluded in 2007 that the recorder did not have to copy a separate tax-amount paper before returning it with the recorded deed. If the recorder kept an accounting…
Could a county contribute to CalPERS health coverage for retired supervisors with short service?
The California Attorney General concluded in 2007 that a county could contribute for a retired supervisor who was a CalPERS member and otherwise eligible for coverage, even where the supervisor did…
Does a candidate for a Texas community college board of regents have to meet a six-month residency requirement?
Yes. The Attorney General concluded that a candidate for the Del Mar College District Board of Regents must satisfy the Election Code's requirement of having lived in the territory the seat…
What did Maryland's 2007 absentee ballot oath need to say after the State's early-voting court decision?
The Attorney General said the oath then used for absentee ballots should track the Maryland Constitution by asking voters to affirm that they would be absent or unable to vote in person on election…
Could a South Carolina voter choose the Democratic presidential primary and a Republican in the general election?
The AG found no South Carolina election provision barring that choice. The cited restriction on voting in two parties’ primaries applied to primary elections, not a later general election vote.
Was West Union’s earlier unposted council meeting exempt from notice as an emergency?
The AG did not decide whether the earlier meeting was a genuine emergency because that required factual findings. It said the emergency exception to public meeting notice was narrow and a council’s…
Could Maryland agencies use construction-manager-at-risk contracts under State procurement law?
Yes, under the 2007 law examined. The Attorney General said construction manager at risk was a project-delivery method the State could use if it selected the manager through an authorized…
Could Pendleton use either the unfit dwelling law or the new abandoned home law to remove a derelict mobile home?
The AG said the two laws served different purposes and neither repealed the other. A town could proceed under whichever law’s conditions were met; the chosen law controlled the procedure and who…
Could emeritus members of The Citadel Board of Visitors vote in board committees?
The AG concluded that emeritus members could participate in committee work only in an advisory capacity. They could vote on investigation, planning, and recommendations, but could not exercise the…
Could a South Carolina homeowners association charge a transfer fee when a home changed hands?
The AG concluded that a nonprofit homeowners association could charge a member transfer fee unless its articles barred it. For other associations, the authority depended on their agreement with…
Did South Carolina property tax reform repeal school districts’ per pupil funding requirement?
The AG concluded that the school funding requirement remained in force. The reform removed a school district’s ability to exceed the general millage cap solely to meet that requirement, but did not…
Can a journalist or other member of the public get a copy of someone's death certificate from Georgia's Vital Records Division, including the cause of death and any surgical procedures performed, without violating HIPAA medical privacy laws?
Yes. the Georgia Open Records Act makes death certificates public, and the federal HIPAA Privacy Rule does not block this disclosure. HIPAA's regulations (45 C.F.R. § 160.203) explicitly carve out…
When someone operates an ATV on a Georgia highway, do the Uniform Rules of the Road apply despite the ATV's off-road design?
Yes. The opinion reads the definitions of "vehicle" and "motor vehicle" in O.C.G.A. § 40-1-1 to include ATVs. Under § 40-6-3(a), the Uniform Rules of the Road govern vehicle operation on Georgia…
Can a Texas state board adopt its own rule requiring a supermajority vote to pass something?
No. The Attorney General concluded that the State Board of Education's power to adopt its own rules of procedure does not let it require a supermajority (more than a simple majority) to act. Texas…
Can a Texas county contract to provide constable law-enforcement to a private apartment complex or association?
Yes, within constitutional limits. The Attorney General concluded that chapter 351, subchapter D of the Local Government Code, which lets a commissioners court contract to provide county…
Did TABOR require a new vote before Colorado resumed statutory coal severance tax adjustments?
No. The AG concluded that the pre-TABOR statutory formula remained valid, required the Department of Revenue to resume rate adjustments, and left no discretion to use a smaller increase.
Could a South Carolina county demolish unsafe private buildings and pay for debris removal?
The AG said Marion County’s described nuisance procedures appeared supportable if the property was unsafe or hazardous, the owner received notice and an appeal opportunity, and demolition served a…
Could South Carolina remove Pickens school board at large seats through a county specific bill?
The AG concluded that the county specific school board bill did not violate the state constitutional ban on county legislation because education was a legislative responsibility. It said weighted…
When the Maine Legislature decides how much Highway Fund money goes to the State Police, is it bound by the OPEGA report's findings on which State Police activities are highway-related?
No. The AG concluded that determining what portion of the State Police budget can be funded from the Highway Fund is a fact-based legislative judgment under Article IX, Section 19 of the Maine…
Were city owned golf carts or ATVs exempt from South Carolina vehicle registration rules?
The AG found no municipal ownership exemption for golf cart permits. It also said the DMV did not register ATVs as road vehicles, so a city owned ATV could not be driven on public highways under the…
Does the federal motor carrier preemption law block North Carolina from requiring trucking companies to make sure independent truckers have workers' compensation coverage?
The AG concluded that N.C.G.S. § 97-19.1 did not appear to violate 49 U.S.C. § 14501(c). The federal statute preserves state authority over motor-carrier financial responsibility related to…
Should South Carolina court clerks automatically enter every support order on the judgment roll?
The AG said separate child and spousal support orders should not be automatically indexed as judgments. Indexing was appropriate when a statute required it for unpaid support or a court specifically…
Did South Carolina’s millage cap apply to a county fire service area tax?
The AG concluded that county fire protection was a general operating purpose, so an increase in the fire service area millage was subject to the general millage limit unless a statutory exception…
Can a Texas county open or operate a hospital clinic in a neighboring county without that county's permission?
Yes, under the right findings. The Attorney General concluded that under Health and Safety Code section 263.022(c), a county that runs a county hospital may purchase or lease a medical clinic in an…
Could South Carolina approve voting software tested before its lab received federal accreditation?
The AG concluded that the lab had to hold federal Election Assistance Commission accreditation when it certified the system, so later accreditation did not qualify earlier testing. The opinion…
Could UConn use UConn 2000 bond money or student tuition to fix building-code violations in 2007?
The AG found the statutes and legislative record ambiguous about using UConn 2000 bond funds for code repairs. He asked the legislature to clarify funding and urged it, as a policy matter, to…
Could the Comptroller General stop Revenue Department payments to a county with a late audit?
The AG said the Comptroller General could withhold only funds that the Comptroller distributed. After tax relief reimbursements moved to the Revenue Department, the Comptroller could not direct it…
Could a South Carolina city condemn vacant land for transfer to a private developer?
The AG said economic benefit alone did not satisfy the public use requirement and doubted that the described private development qualified. Blight takings had additional constitutional limits; the…
Who is the proper filing officer when a Minnesota school district receives a petition for a special referendum election, and the district sits in more than one county?
The school district clerk. The AG concluded that the Secretary of State's petition rules (Minn. R. ch. 8205) apply to school district referendum petitions generally, but the rules' specific…
Could Maryland's Parole Commission forbid an offender from contacting the offender's own child?
The Attorney General said the Parole Commission could not independently impose a no-contact condition between an offender and the offender's own child unless a court had already done so. It could…
Could Maryland Transportation Authority police patrol MARC trains and the Amtrak stations they used?
Yes, within Maryland. The Attorney General concluded that a 2004 executive order extending Transportation Authority Police jurisdiction to transportation assets covered MARC trains and stations…
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