State AG Opinions
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Is a capitated employer health benefits plan considered insurance that the state can regulate?
The Attorney General concluded in 1990 that the health care providers participating in the Healthnet program were engaged in the business of insurance and fell under the Insurance Commissioner's juris…
Are Maryland CPAs, lawyers, engineers, insurance agents, or teachers exempt from registering as investment advisers?
Only certified public accountants and lawyers currently qualify, and only if they also meet the exemption's other three conditions (no commissions for referrals, no custody of client funds, and not ot…
If a city has a platted street showing a 60-foot right-of-way but the actual paved street is narrower, can the city widen the street to the full 60 feet without doing a new survey and plat?
Yes, no new survey needed. If the original plat showing the 60-foot right-of-way was duly dedicated to and accepted by the city, the public is considered to have accepted the entire dedicated width. E…
Can the Pennington County treasurer accept monthly installments on delinquent real-estate property taxes (in exchange for not starting tax-deed proceedings), and can the Pennington County sheriff accept installments on delinquent mobile-home taxes after the treasurer has issued a distress warrant?
Treasurer: yes, but only when the county commissioners have first authorized partial payments under SDCL 10-21-7. Sheriff: no, never. Once the treasurer hands the sheriff a valid distress warrant, the…
Was Idaho's 1990 concealed-weapons licensing statute constitutional?
No. The AG concluded that Idaho Code § 18-3302 was void for vagueness in nearly every operative provision: who qualifies, what 'sport' or 'travel' means, who decides on revocation, when the outdoors-e…
Were Maryland nursing homes covered by the Health-General Article's resident protections, and did the Health Services Cost Review Commission approve nursing home rates?
The Attorney General concluded in 1990 that nursing homes were included in the definition of 'facility' in HG §19-343(a) of the Health-General Article, so their residents got the protections of HG §§1…
Does Idaho's penny-per-gallon fee on petroleum delivery, used to fund underground-tank cleanup insurance, illegally divert money that the state Constitution earmarks for highways?
No. The AG concluded the one-cent transfer fee is a regulatory fee tied to the cost of cleanup insurance, not a tax on motor-vehicle fuel. Even if a court called it a tax, it would tax the act of deli…
Can a Texas city or county put up four-way stop signs to stop cut-through traffic in a neighborhood?
Yes. The Attorney General concluded that neither state law nor the state's traffic control manual requires specific traffic conditions before a local authority may install multi-way stop signs to addr…
Can the Texas Legislature pass a special appropriation to pay claims the state has no existing legal duty to pay?
No. The Attorney General concluded that two 1989 appropriations meant to pay the unpaid wages and vendor bills of a defunct nonprofit job-training contractor were unconstitutional, because Article III…
Does interest earned on Idaho hunting and fishing license revenue belong to the Fish and Game Account or to the state general fund?
It belongs to the Fish and Game Account. A 1989 amendment to federal regulations (50 C.F.R. § 80.4) defined license revenue to include the interest it earns. Because Idaho accepts Pittman-Robertson an…
If I get a housing code violation ticket in DC, can I skip the hearing examiner and appeal straight to the Board of Appeals and Review?
No. You have to go to a DCRA hearing examiner first under the 1985 Civil Infractions Act. The Board of Appeals and Review only has jurisdiction over final orders the hearing examiner already issued. T…
Does Maryland need Congress's approval to join a multistate lottery like Lotto America?
No. The Attorney General concluded that Maryland's participation in a multistate lottery agreement, like the six-state Lotto America pact, does not violate federal anti-gambling statutes (which exempt…
Can a Maryland county open a new street inside an incorporated town without the town's consent?
No. The Attorney General concluded that Frederick County had no authority to open a street inside the Town of New Market over the town's objection, because the road-opening statutes for counties apply…
In a Maryland county with its own liquor board, who actually issues an alcoholic beverages license, the board or the clerk of the circuit court?
The Attorney General concluded in 1990 that in Charles County, the Board of License Commissioners had to decide whether to approve or deny an alcoholic beverages license application and certify any ap…
Does a federal savings bank have to pay interest on my mortgage escrow account in Maryland?
The Attorney General concluded in 1990 that Maryland's law requiring lenders to pay interest on residential first-mortgage escrow accounts (CL §12-109) could not be applied to federal savings associat…
Can a neighborhood nonprofit hold a charitable raffle to pay for opposing a landfill permit before a Texas state agency?
The Attorney General concluded that opposing a landfill permit before the Texas Department of Health is not lobbying under the Charitable Raffle Enabling Act, so a nonprofit corporation raising raffle…
Can a Maryland State's Attorney or assistant volunteer for free civil legal aid work if the law bans their 'private practice of law'?
Yes, in every Maryland county. The Attorney General concluded that Article 10, §40's various bans on the 'private practice of law' by State's Attorneys and their staff exist to control outside income,…
If a Texas AG opinion changes the rule on unconfirmed recess appointees staying in office, does that ruling undo appointments already made?
The Attorney General reaffirmed Opinion JM-1161 but held it applies prospectively only, from May 1, 1990: recess appointees who were not yet confirmed but were properly holding office on that date rem…
Can the public get records of a state investigation into abuse or neglect at a licensed drug treatment center in Texas?
The Attorney General concluded no. Records made by the Texas Commission on Alcohol and Drug Abuse during its investigation of alleged abuse or neglect at a licensed drug treatment facility were confid…
If a justice precinct's boundaries change after a wet-or-dry vote, does a later election to change that vote happen in the old boundary lines or the new ones?
The Attorney General concluded that a 1989 statute requiring a subsequent local option election to be held in the original territory of a justice precinct, rather than in its current, possibly redrawn…
Can a Texas public school hold a raffle to raise money, or does that have to be done through the PTA?
The Attorney General concluded that an independent school district is not authorized to organize or conduct a raffle under the Charitable Raffle Enabling Act, because the constitutional provision and …
Can a Texas state agency hire the relative of a board member who oversees the agency, or does the nepotism law block it?
The Attorney General concluded the Texas Department of Banking could hire the son of a Finance Commission member as a hearings officer, because the nepotism statute only applies when the relative's go…
Can a Maryland town annex the state-owned land under a navigable creek?
The Attorney General concluded in 1990 that the Town of Queenstown could annex the land underlying Queenstown Creek even though the beds of navigable waters are owned by the State in trust for its cit…
Did Texas need to pass a new law before extending Medicaid coverage to more young children under a new federal requirement?
The Attorney General concluded no. Existing Human Resources Code provisions already gave the Department of Human Services broad authority to provide medical assistance required by federal law as a con…
When the State's Mental Health, Mental Retardation and Substance Abuse Services Commission writes rules for inmate substance-abuse treatment, does it have to give the Department of Correction's Substance Abuse Advisory Council a direct chance to weigh in? And can the Commission's rules drop the statutory preference for hiring recovering alcoholics and substance abusers as counselors?
No to the first, no to the second. The 1990 AG concluded that under G.S. § 148-19(d), the Commission for Mental Health, Mental Retardation and Substance Abuse Services has final authority to set inmat…
Can a Texas municipal utility district use property tax money to buy land just to build a public park?
The Attorney General concluded no. A municipal utility district operating under chapter 54 of the Water Code could not use tax revenue to purchase real property for the independent purpose of developi…
Can the Maine Legislature use an emergency resolve to authorize the State to buy real estate, when the state constitution forbids emergency bills from including provisions for the purchase of real estate?
Yes in this case. AG Tierney concluded the Edwards Dam resolve did not violate Article IV, Part 3, Section 16 because the underlying real-estate authority already existed in 12 M.R.S.A. § 6252-A(5); t…
Can a Maryland lawyer who serves as a part-time court trust clerk still practice law?
Yes. The Attorney General concluded that a private attorney appointed as a court's part-time trust clerk is not barred from practicing law by BOP §10-603(b)(4), because more than a century of legislat…
Can the Maryland General Assembly direct state income tax money to specific counties without a formal budget appropriation?
The Attorney General advised Governor Schaefer in 1990 that House Bill 134, which directed the Comptroller to pay set amounts of state income tax revenue to Baltimore City and three counties, was not …
Can a Texas sheriff charge an inmate $20 just to file a bail bond for release?
The Attorney General concluded no. The only $20 personal-bond fee in the law was one a court could assess when it released a defendant on the recommendation of a personal bond office, and the only fee…
Can a North Carolina landlord and tenant agree in a lease that any eviction case will be heard by a magistrate in a different county from where the rental property sits?
No. A summary ejectment action is a small claims case under N.C.G.S. § 7A-210(2), and § 7A-211 only lets a Chief District Court Judge assign a small claim to a magistrate when the defendant is a resid…
If a Texas banking-disclosure exception still uses the word 'bank' after a 1989 law expanded the statute, does the exception cover savings and loan associations too?
The Attorney General concluded no. Even though a 1989 amendment expanded most of article 342-705 of the Texas Banking Code to cover 'financial institutions' generally, including savings and loan assoc…
When a Texas law required one state agency to sell land to another, did the seller keep the mineral rights unless the law said so?
The Attorney General concluded no. Senate Bill 52's directive that the Department of Corrections and the Board of Mental Health and Mental Retardation "shall sell" certain tracts of state-owned land t…
Could the Texas Department of Health lower income eligibility for a children's health program without the Board of Health adopting a rule?
The Attorney General concluded no. Under the Health and Safety Code, only the Texas Board of Health, acting by rule, could define eligibility criteria and set priorities for the Chronically Ill and Di…
Does every tow truck in Texas have to be registered, even ones not used for hire?
The acting director of the Texas Department of Licensing and Regulation asked whether a 1989 amendment removing the words 'for compensation' from the tow truck registration statute meant all tow truck…
Does a discount referral program that lists dentists or chiropractors offering a discount need an HMO license in Texas?
The State Board of Insurance's commissioner asked whether referral programs that charge enrollees a fee to connect them with a list of single health care providers, such as dentists, optometrists, or …
Can police give a suspect a sample of a forfeited drug to bait a bigger drug deal?
A district attorney asked whether it was legal for a law enforcement officer to deliver a sample of a previously forfeited controlled substance to a suspected drug trafficker, as bait to induce the su…
Can a local North Carolina school board levy taxes on its own to fund its schools?
Not on its own, but yes if the General Assembly grants it the authority. Public school financing in North Carolina rests primarily with the State and the counties. Local school administrative units do…
Can a North Carolina state agency deny a performance-pay raise to an employee who has already hit the top of the salary range for the job?
Yes. A state senator asked whether N.C.G.S. § 126-7(c)(4)'s mandatory-sounding language ('shall receive a performance increase unless the employee's supervisor justifies in writing the decision not to…
Can a mayor keep her city salary while working as an independent contractor for a nonprofit that receives state funding?
A Nueces County attorney asked whether the mayor of Corpus Christi, who worked as an independent contractor for a private corporation serving people with disabilities that received some of its revenue…
Does Texas law require public works contracts to count fringe benefits as part of the prevailing wage?
A state senator asked the Attorney General to revisit an earlier opinion and hold that the prevailing-wage law for public works, V.T.C.S. article 5159a, requires public bodies to include the value of …
Can an out-of-state insurance agent call or mail a Texas resident directly to sell or renew a policy?
The chairman of the State Board of Insurance asked whether a licensed non-resident property and casualty insurance agent could sell to Texas residents (including corporate affiliates or franchisees), …
Does a Texas district clerk have to keep court-deposited money in a separate or interest-bearing account?
Tarrant County's criminal district attorney asked seven questions about a district clerk's duties regarding funds held in trust pending a court's final disposition, including which kinds of deposits c…
If the governor appoints a judge during a legislative recess and the Senate never votes on it, does the judge stay in office?
A state senator asked about a district judge Governor Clements appointed during a Senate recess, whose name was never submitted to the Senate during the special session that followed, after which the …
Can a Texas county let employees donate unused sick leave to a coworker who has run out?
A Smith County prosecutor asked whether the commissioners court could grant extra sick leave to an employee who had used up their allotment, and whether the county could let employees transfer or pool…
Can North Carolina's Private Protective Services Board pull a private investigator's case file when reviewing a trainee, and does a private investigator with a gun have to pay the full armed security guard registration fee?
Yes on all three questions. The Board has authority under N.C.G.S. § 74C-5(3) to inspect licensees' records as part of investigations or trainee evaluations, and the disciplinary rule against unauthor…
If a school reports a truant child to juvenile probation, can the parent still be separately charged for the child's absences?
A state senator asked three questions about a 1989 law aimed at students at risk of dropping out. The Attorney General concluded that a school attendance officer does not 'file a complaint' against a …
Does a private bus company that hauls students for a school district get the same gas-tax exemption the school district gets?
The Speaker of the Texas House asked whether a new motor fuels tax exemption for gasoline sold to a public school district for its exclusive use would also cover gasoline bought by a private transport…
Can a county tax assessor-collector also serve on the board of directors of the local appraisal district?
A Hunt County attorney asked whether an independent school district could contract with the county to collect its taxes when the county tax assessor-collector also sat on the board of directors of the…
Under the 1989 Texas law creating the Child Care Development Board, can the state build a brand-new building just to house a child care center for state employees, and can it lease that space to a child care provider for less than what the space would normally rent for?
The Attorney General concluded the state cannot build a new building solely to house a child care facility; the law only lets child care space be included when the state is already constructing or ren…
Can a single Texas county commissioner, acting alone as the ex officio road commissioner for his precinct, accept a donation of gravel or equipment for road repairs, or donate his own materials, without getting the whole commissioners court to approve it first?
No. The Attorney General concluded that only the commissioners court as a whole, not an individual commissioner acting as ex officio road commissioner, can accept donations of material to maintain cou…
If a repair shop or other business bills an insurance company directly and just doesn't ask the customer to pay their deductible, is that a crime under the Texas law aimed at insurance deductible schemes?
The Attorney General concluded no. Simply declining to collect the deductible isn't the same as advertising to "pay" the deductible or give a "rebate" of it, which is what section 27.02(a) of the Busi…
Does Maryland's crime of distributing drugs require proof that the person knew what they were handling?
The Attorney General concluded in 1990 that knowledge is a required element of the Maryland crime of unlawfully manufacturing, distributing, or dispensing a controlled dangerous substance under Articl…
Can a Maryland county make its contractors and lobbyists disclose campaign contributions to local officials?
The Attorney General concluded in 1990 that nearly all of Prince George's County Council Bill 17-1990, which required people doing business with the county to disclose campaign contributions, barred l…
Can a Maryland county impose its own fire-safety building requirements on state-certified modular and prefabricated buildings?
The Attorney General concluded in 1990 that Maryland's Industrialized Building and Mobile Homes Act preempted any local ordinance, including one labeled a fire-control regulation, that regulated the m…
If a Maryland town purges me from its voter list, can I still vote in town elections?
The Attorney General concluded in 1990 that Maryland's law requiring county election boards to cancel the registration of voters who had not voted in five years (Article 33, §3-20) did not apply to vo…
Can a public university have a privately funded kosher dining hall without violating the separation of church and state?
The Attorney General concluded in 1990 that a privately funded kosher kitchen in leased dining space at Towson State University would not violate the Establishment Clause of the First Amendment. The k…
Did the Texas Legislature need a two-thirds vote in each house to legally create Central Texas University (now part of Texas A&M University-Central Texas) in 1989, or was a regular majority vote enough?
A regular majority vote was enough. The Attorney General concluded that the two-thirds-vote language in article VII, section 17(c) of the Texas Constitution sets a standard for whether a newly created…
If a private company runs a county jail under contract, do the guards it employs have to be certified by the state, or does that requirement only apply to jailers the sheriff directly employs?
The Attorney General concluded that jailers employed by a private vendor under contract with a county aren't "county jailers" in the strict statutory sense, since that term applies only to people the …
Can the Texas Legislature use a budget rider (a clause tucked into the state appropriations bill) to expand which university employees are eligible for the optional retirement program, when a separate Government Code statute already sets narrower eligibility rules?
No. The Attorney General concluded that the rider conflicts with and attempts to amend section 830.101 of the Government Code, making it a matter of general legislation that the one-subject rule for a…
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