State AG Opinions
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Did an unpaid Maryland Bay Restoration Fee automatically become a property lien collectible at tax sale?
No. The Bay Restoration Fund statute, enacted in 2004, did not itself create a real-property lien. An applicable local or other law might cover the fee if it expressly reached charges beyond water…
Can the public get a mug shot from a Maryland police department under the Public Information Act?
Maryland's Attorney General concluded that a booking photo (mug shot) held by a police department is not the kind of protected criminal history record information that must be kept confidential. It…
Which Bowie ethics-commission records had to remain confidential?
The Attorney General found Bowie's advisory-opinion and complaint disclosure provisions consistent with State ethics law. Under the Public Information Act rules examined, the subject's identity had…
Could a rural water district director also serve on South Carolina’s environmental certification board?
The AG concluded that both positions were public offices exercising state power, so one person could not hold them at the same time under the state constitution.
Could a volunteer firefighter serve on the board overseeing the same fire service area?
The AG said the constitutional dual office ban exempted firefighters, but the board’s oversight of firefighter appeals, policies, and stipends likely created a master servant conflict. If a court…
Can a Texas justice of the peace also give polygraph tests for the district attorney's office?
The Attorney General did not give a yes-or-no answer, because that call belongs to someone else. It explained that the State Commission on Judicial Conduct, not the Attorney General, is the body…
Did South Carolina’s 2006 tax reform end school funding effort rules or let Fairfield exceed millage caps?
The AG said the maintenance of effort requirement remained and was calculated from the prior year’s effort adjusted for inflation, with specified reimbursements counted. Neither the general nor…
When a county wants to upgrade a gravel road in an unorganized township by paving it with asphalt, can the county use SDCL 31-13-51 (the up-to-80-cents-per-front-foot special assessment for maintaining or repairing township roads) to pay for the work? And if it could, could the county set up multi-year installment payments using the municipal-financing chapter (SDCL ch. 9-43)?
No on both. SDCL 31-13-51 authorizes an annual front-foot assessment only for 'maintaining or repairing' roads. Asphalt surfacing of a gravel road is an 'improvement' under SDCL 31-13-33 (which…
Did South Carolina forestry protection law invalidate Charleston County’s tree preservation rules?
The AG concluded that the county’s tree preservation and removal restrictions did not make forestry operations a nuisance, so they did not violate the cited forestry nuisance protection statute. The…
If a Texas constable resigns by running for another office, what happens when his precinct is abolished?
The Attorney General concluded that a constable who automatically resigns by declaring candidacy for another office of profit or trust still must hold over in the constable's office until a…
Did escort advertisements in a South Carolina telephone directory prove illegal prostitution solicitation?
The AG identified the prostitution and procuring statutes but declined to decide whether any particular advertisement violated them. It said that factual determination belonged to local law…
Could Connecticut's Siting Council require a utility to cover injuries along a power line easement?
Yes. The 2007 AG opinion said the Siting Council could make a utility's certificate conditional on indemnifying property owners for injuries and damage tied to building or operating a transmission…
Who recommended and appointed directors of the Lower Florence County Hospital Board?
The AG concluded that the Florence legislative delegation recommended candidates and the Governor appointed them. The Florence County Council had neither power, and the opinion expressly departed…
Did the 2007 Wyoming Legislature's $3.35 million appropriation to help pay state-plan health insurance premiums for already-retired state, university, and community-college employees violate the Wyoming Constitution's bar on 'extra compensation' to public employees after services were rendered?
No. Attorney General Patrick Crank concluded that Article 3, Section 30 was rooted in anti-fraud concerns about contracted services, not a categorical ban on post-employment payments to retirees,…
Could off duty and reserve police officers carry concealed handguns on South Carolina school property?
The AG concluded that the then existing school firearm prohibition did not apply to law enforcement officers, including reserve officers. It read the general handgun exception as having no off duty…
Could Kentucky public universities offer domestic-partner health benefits under Section 233A?
Under its 2007 reading of Section 233A, the AG said universities could offer health coverage to domestic partners or other household members, but the specific eligibility definitions then used by…
Did Connecticut polling places need accessible private voting equipment for state and local elections in 2007?
Yes, under Connecticut's Voter's Bill of Rights as interpreted in 2007. Each polling place needed a system allowing voters with physical disabilities to vote privately and independently in…
Could Connecticut’s Child Advocate inspect children’s substance-abuse treatment records for a program evaluation?
Yes. The AG concluded that the federal audit and program-evaluation exception permitted disclosure of the requested treatment records to the Child Advocate in her oversight role. Before receiving…
Could town employees work the polls in a municipal election involving their council employers?
The AG found no state law barring municipal employees from serving as poll managers or clerks, even when council seats were on the ballot. A town ordinance or personnel policy could impose a…
Did moving a town election and extending council terms count as an unlawful council pay raise?
The AG said municipalities could change election dates even if doing so extended terms. Continued payment at the same rate during the extension was not a pay raise, but a new salary ordinance still…
How does Texas calculate the school property value deduction for a tax increment financing (TIF) zone?
The Attorney General concluded that under Government Code section 403.302(d)(4), the Comptroller deducts only the portion of a school district's captured appraised value in a tax increment…
Does the minimum Medicaid reimbursement rate for Oregon long-term care facilities under § 24(4)(f) of Oregon Laws 2003, chapter 736 freeze at one biennium's calculation, or does it recalculate every two years?
It freezes. The AG concluded that § 24(4)(f) was a one-time calculation tied to the 70th percentile of allowable costs in the 2005-2007 biennium, which set a fixed dollar floor for future…
Can a Texas taxing unit waive property tax penalties if the appraisal district caused the delinquency?
Only if the deadline is met. The Attorney General explained that Tax Code section 33.011 requires a taxing unit to waive penalties (and lets it waive interest) when the taxpayer's failure to pay on…
When did South Carolina have to make a formal veterinarian complaint public?
The AG said the Department had to give the veterinarian a copy before making a filed formal complaint public. It could not wait for an answer; any answer later filed also had to be available for…
Was a real estate agent practicing law by filling blanks in an attorney prepared sales contract?
The AG thought merely inserting transaction facts in the described prefabricated contract, without giving legal advice, probably was not unauthorized practice. It emphasized that the South Carolina…
Could Connecticut use its Enhanced 9-1-1 phone database to call residents with emergency alerts in 2007?
No, not under the Connecticut authorization then in place. The AG concluded that state legislation was needed before the Enhanced 9-1-1 subscriber database could be used for outgoing emergency…
Could Woodruff require planning commissioners to own city land and destroy council meeting tapes?
The AG said local officials could set commission qualifications and change terms, but the land ownership requirement might violate equal protection depending on its justification; only a court could…
When could a South Carolina coroner order an autopsy, and did a county have to fund unlimited autopsies?
The AG said coroners had broad discretion to order an autopsy to determine cause of death, with specific mandatory requests in child and vulnerable adult investigations. A county had to fund a…
Could South Carolina’s state canvassers certify election results by conference call?
The AG said the Board of State Canvassers had to meet physically because its statutes specified a meeting location. The general permission for public bodies to meet electronically did not override…
Could a South Carolina municipal officer routinely ask for a driver's Social Security number during a traffic stop?
No. In this 2007 clarification, the Attorney General said a municipal officer should not routinely request a driver's Social Security number during a traffic stop because doing so could intrude on…
Could a South Carolina volunteer fire department bill homeowners or their insurers for fire response?
The AG said the private Teal's Mill volunteer department could contract with residents to charge for responding to fires if its bylaws allowed it and state law did not prohibit it. Whether an…
Did South Carolina's Department of Mental Health need court approval to sell five acres near Bull Street?
Yes, in the AG's 2007 view. Although the five acres were outside the Bull Street property addressed directly by the state Supreme Court, they were part of a tract the court reviewed and were subject…
Can Texas require a veterinarian to register with DPS before dispensing controlled substances?
Yes. The Attorney General concluded that the Texas Board of Veterinary Medical Examiners had authority to adopt its rule (22 Tex. Admin. Code section 573.43) barring a licensed veterinarian from…
Can a Texas hospital district house and manage a private imaging business inside its own hospital?
Yes, with conditions. The Attorney General concluded that the Angleton-Danbury Hospital District had implied authority under Special District Local Laws Code chapter 1002 to house and manage a…
Does a Delaware university's board of trustees violate open meetings law just by attending a national conference together?
No, under the law as it stood in 2007. The AG found that thirteen of Delaware State University's seventeen trustees attending a national trusteeship conference in Phoenix did not create a FOIA…
Can the public get payroll records for Delaware State University employees under the state's FOIA law?
Only if the employee is paid from public funds. The AG found two Delaware State University employees paid entirely from the university's private, non-public restricted funds were outside FOIA, so…
Can a Delaware elections committee hold a voter-eligibility meeting on just three days' notice right before an election?
Under the law as it stood in 2007, yes, according to the AG. The Elections Committee had a compelling need to inform voters before a February 24, 2007 town election, though it should have explained…
Can a Delaware town satisfy FOIA's meeting-notice rule by posting at the post office instead of its own regular meeting hall?
No, under the law as it stood in 2007. The AG found the Town of Bethel had to post meeting notices at its own regular meeting place (the Community Center), not just at the post office and a local…
Could a Delaware town call a last-minute 'special' meeting instead of an 'emergency' meeting to skip FOIA's notice rules before an election?
Partly. The AG found the Town of Bethel's two-day notice was valid as a special meeting because there was a genuine compelling need to appoint election officials before an upcoming vote, but the…
Could an Abbeville city school resource officer arrest someone at an assigned school outside city limits?
Yes. The AG said South Carolina law gave an assigned school resource officer statewide authority to arrest someone committing a crime connected to a school activity or sponsored event, so the city…
Could someone serve on Spartanburg's planning or hospital board and its higher education commission at the same time?
The AG said no under the South Carolina Constitution's dual office rule as applied in 2007. It treated the planning commission, higher education commission, and regional hospital board positions as…
Could a South Carolina police officer require a driver to give a Social Security number at a routine traffic stop?
The AG said a municipal officer should not routinely require a driver's Social Security number at a traffic stop. The office found no applicable law making disclosure mandatory and said an officer…
If a New York town changes from second class to first class, what happens to the unexpired four-year terms of the town supervisor, town clerk, and highway superintendent?
When a New York second-class town voluntarily reclassifies as a first-class town under Town Law § 12, the four-year terms of the town supervisor and town clerk end the day before the change takes…
Can a New York town issue a fireworks display permit for a private wedding reception, and can it require fireworks permit applicants to also get a separate noise permit?
No on both questions. Penal Law § 405.00 lets a town issue a fireworks display permit only to a municipality, fair association, amusement park, or organization of individuals for a public display. A…
Could a Kentucky District Court hear a criminal case without allowing the county attorney to participate?
No. The AG concluded that a county attorney's statutory duty to prosecute District Court criminal cases carried a right to be present and heard when those cases were called in open court. The court…
When the Idaho Land Board disclaims state ownership of formerly submerged land, can it require a 25-foot public-use easement in exchange without it being an unconstitutional taking?
Yes. The AG concluded the 25-foot easement requirement is a programmatic settlement of a competing-claim boundary dispute, with the easement representing valuable consideration for the State's…
Can a Texas county auditor hire outside lawyers without the county attorney's consent?
Yes, on the facts here. The Attorney General concluded that the Henderson County Attorney had no exclusive duty to represent the county in all civil legal matters, so the county auditor's retention…
Could Beaufort County's sheriff enforce Hilton Head's smoking ordinance if violations carried only a civil fine?
The AG said it appeared the sheriff's department could enforce the 2007 no-smoking ordinance and initiate a civil action to collect its fine. The letter relied on an earlier opinion and acknowledged…
Could the Citadel Board of Visitors member appointed to lead SCDOT keep both positions?
The AG said no. It treated the SCDOT executive director, including an interim director, as a public officer because the position exercised state power; accepting that role while serving on the…
Can a Texas county medical examiner charge a tissue procurement organization for using its facility?
No. The Attorney General concluded that section 693.002(b) of the Health and Safety Code does not authorize a county medical examiner to recoup costs from a tissue procurement organization that uses…
Could MUSC's trustees add sexual orientation to the university's nondiscrimination policy?
Yes, according to the 2007 AG opinion. The trustees had broad authority to set university policy, and the AG found no state or federal law barring them from adding sexual orientation as a protected…
Who had to approve a principal working at a second Charleston County school in 2007?
The AG said the answer depended on whether the second school assignment was a transfer between constituent districts or a new principal appointment. A transfer between districts required the…
Could a South Carolina firefighter work full time for two fire departments?
The AG found no South Carolina law prohibiting a firefighter from serving two departments. The law contemplated multiple departments and required each one to register the firefighter, but the…
Could Springdale’s planning commission chair also serve on the Lexington Medical Center board?
The AG said the overlap likely violated South Carolina's dual office rule. It treated a planning commission seat as a public office and found that the Lexington Medical Center board also exercised…
Could Mount Pleasant make a restaurant and bar smoking ban a civil offense enforced in municipal court?
No, in the AG's 2007 view. It said the proposed civil smoking ban conflicted with South Carolina's statewide Clean Indoor Air Act and its criminal fine, so the town could not authorize that…
Can a Texas county cremate the body of an unidentified pauper?
No. The Attorney General concluded that even though a county may dispose of a deceased pauper's body by cremation under Health and Safety Code section 694.002(a), section 716.101 flatly prohibits a…
How must a Texas sheriff dispose of a vehicle abandoned when its occupants run off?
The Attorney General concluded that Transportation Code chapter 683, the abandoned-vehicle statute, did not govern. A vehicle is only 'abandoned' under that chapter if it sat unattended or illegally…
Did South Carolina's 2006 property tax reform repeal the school funding index of taxpaying ability?
The AG said no. Although the reform reduced the connection between property values and school districts' ability to raise revenue, the office found the tax reform and Education Finance Act could…
Was a charity poker tournament legal in South Carolina if admission was voluntary and no prizes were awarded?
The Attorney General concluded that the advertised charity poker challenge appeared to be an unlawful card game under South Carolina law, despite the absence of required donations or prizes. He…
Did South Carolina require computer forensic examiners gathering evidence for clients to hold private investigator licenses?
The AG concluded that the better reading of South Carolina law required private investigator licenses for paid computer forensic examiners who extracted information for clients and court…
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