State AG Opinions
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Could Baton Rouge pay travel costs for an out-of-state candidate interviewing for a city-parish job?
The AG said the city-parish could pay an out-of-state interviewee’s travel costs only if it had a legal obligation to do so and received a public benefit proportionate to the cost. Whether a…
Could Slidell front city funds to elevate private homes and later seek FEMA reimbursement?
No. The AG concluded that Slidell could not spend its own funds first to pay contractors elevating privately owned homes, even with later FEMA grant reimbursement expected. It distinguished the…
Can a private Texas college join the tuition equalization grant program if it is accredited by a different agency than public universities?
Representative Jim Pitts and the Higher Education Coordinating Board disagreed over whether Education Code section 61.222 let the Board approve a private college (Dallas Christian College) for the…
Can a Texas substitute teacher be paid for serving on a city council, or does the ban on holding two paid public positions block it?
Calhoun County's district attorney asked whether a substitute teacher could be paid while also serving on a city council. The Attorney General said yes. The Texas Constitution generally bars a…
Could the Georgetown County election board amend its bylaws and elect officers without permission from the legislative delegation?
The AG said the Georgetown County Board of Elections and Registrations' existing bylaws remained valid until changed. The board had implied power to amend or adopt bylaws and elect officers other…
Could Louisiana appellate-court employees serve as poll commissioners in an Orleans Parish election?
Yes, if they met the statutory qualifications. The AG said Fourth Circuit Court of Appeal employees were not barred merely because they worked for a court; it highlighted the requirements in R.S.…
Could an elected Louisiana school board member also work as a deputy sheriff?
No. The AG said R.S. 42:63(D) prohibited a person from serving on a school board while holding any office or employment with a sheriff. That covered the proposed deputy-sheriff position.
Could a Louisiana university pay another public university directly for students displaced by Hurricane Katrina?
Possibly. The AG said direct payment from a student's original public university to a host university could be made if an agreement obligated the home institution to compensate the host, subject to…
Could a South Carolina town spanning three counties combine their accommodations taxes to qualify for more hospitality tax uses?
No. The AG said the town could not add the three counties' state accommodations tax receipts to meet the statutory threshold. One county collecting at least $900,000 annually would suffice, and…
Did dismembering a body a month after murder satisfy South Carolina's death penalty aggravator for murder during dismemberment?
No, on the facts presented. The AG said dismemberment a month after a murder, at a different place and outside a continuous series of acts, did not satisfy the statutory aggravator requiring murder…
Do voter-approved limits on a parish health tax apply to money collected before the vote?
Yes. The AG said Lafourche Parish's voter-approved budget percentages applied to both its accumulated health-tax balance and later collections. It also said the parish could not use that tax to buy…
Could a Washington city use hotel-tax revenue to operate a private tourism facility or festival?
The Attorney General concluded in 2006 that a municipality needed an ownership interest to fund facility operations and could not fund a private festival’s operating expenses. It could pay for…
Would Dutch Fork High School's paid closest-to-the-pin golf contest violate South Carolina gambling law?
The AG predicted a court would find the described closest-to-the-pin fundraising contest lawful because success depended primarily on golf skill. It distinguished the contest from a hole-in-one game…
Could a Terrebonne Parish council member also direct the Houma-Terrebonne Housing Authority?
Only if the housing-authority executive-director position was part time. The AG said it was an appointive office and R.S. 42:63(D) barred a local elected official from holding it full time. The…
Could a South Carolina county impose civil speeding fines using video radar and mail citations to vehicle owners?
The AG said the proposed county civil speeding ordinance conflicted with state speeding law and was not authorized. It also found no state law authorizing certified-mail citations to registered…
Did a South Carolina beer wholesaler's agreement bind a new importer after a foreign brewer or brand changed hands?
The AG read Section 61-4-1115 to bind later importers of the same foreign beer brand to the original importer's agreement with a South Carolina wholesaler, even if the brewer changed through…
Could a South Carolina constable serve claim-and-delivery papers by posting them on a defendant's home?
No. For the preseizure-hearing procedure addressed, the AG read Section 22-3-1410 to require delivery to the defendant, a qualifying agent, or a suitable person at the defendant's business or home.…
Did Washington public-school teachers and other public employees have a legal right to strike?
The Attorney General concluded in 2006 that state and local public employees had no legally protected strike right. State law then specified no strike penalty, though courts could enjoin a strike;…
Could Louisiana's Pilotage Fee Commission add a fee solely to fund its operations?
The AG said the commission could set reasonable fees and rates for the pilotage services listed in its enabling law, with those fees covering ordinary operating and administrative costs. It could…
What procedure did a Louisiana municipality have to follow to remove property from its boundaries?
The AG said a municipality seeking to contract its boundaries had to use the same procedure and published notice used for annexation. The same court appeal right applied.
What authority allowed Louisiana to appoint a state medical examiner for Katrina deaths?
The AG said Governor Blanco’s Executive Order KBB 2005-39 authorized the Department of Health and Hospitals secretary to appoint an Office of Public Health state medical examiner to control the…
Could Morehouse Parish keep a fire district’s state revenue sharing money in the parish general fund?
No. The AG identified Bastrop Area Fire Protection District No. 2 as the tax recipient body and said its state revenue sharing money should go into the district’s fund, not the Morehouse Parish…
Could St. Tammany's tourist commission accept low-cost private office space and pay for signs pointing visitors to its tourist center?
Yes. The AG said the tourist commission could accept free temporary space or a $1 annual lease for a certified tourist center and pay for necessary directional signs, even if nearby private…
Could a city court pay for police patrol car cameras and radar?
No. The AG concluded that Abbeville City Court could not equip or fund police patrol units with cameras and radar. The court's indirect financial benefit from more convictions did not supply legal…
Could a Maryland school board lease school land to a private business for 99 years in exchange for cash and other land?
No for the Harford County proposal reviewed in 2006. The Attorney General agreed that the board's proposed 99-year lease to a private commercial user was inconsistent with its duty to hold school…
When could a South Carolina student transfer to an adjacent county or adjoining school district?
For a closer school in an adjacent county, the AG said the home district had to apply for transfer, but the receiving district could refuse. Other 'better accommodated' transfers were discretionary…
Could a St. Landry economic-development district commissioner be reappointed after a term?
No. The AG read the St. Landry district statute to allow original commissioners only their initial staggered terms and to bar reappointment of anyone who later served a full term.
Could a Baldwin police officer serve on Franklin's city council in Louisiana?
Yes. The AG concluded that a Baldwin police officer could hold an elected Franklin city council seat because the two municipalities were separate political subdivisions. The statute barred combining…
How did Louisiana count vacation days for Lake Charles firefighters working shifts of different lengths?
The AG said the statute gave covered firefighters 18 paid vacation days after one year, with a day measured as a 24-hour calendar day rather than a work shift. For an average 40-hour workweek, it…
Did a Louisiana tax debtor's continued possession extend the tax-sale redemption period?
No. Under the law analyzed in 2006, the AG said the three-year redemption period ran from recordation of the tax sale and could not be suspended or interrupted by the tax debtor's continued possession.
Did every Washington shoreline have to be designated a critical area under the Growth Management Act?
The Attorney General concluded in 2006 that shoreline status alone did not make land a Growth Management Act critical area. A jurisdiction designated shoreline areas that met the Act’s critical-area…
Could a Louisiana representative postpone a resignation after the House speaker received the resignation letter?
No. The AG said Representative Tommy Wright's notice became irrevocable when the House speaker received it on December 29, 2005. The stated resignation took effect January 3, 2006; his later letter…
Did Baldwin’s mayor and aldermen have to fire an officer after the police chief recommended dismissal?
No. The AG said the elected police chief had to make recommendations for discipline and dismissal, but those recommendations were advisory. Baldwin’s mayor and board of aldermen could make their own…
Could a Louisiana coroner give towns residents' initials and addresses for fee reimbursement without disclosing privileged medical information?
Yes for the limited information described. The AG said a coroner could provide residents' initials and addresses to municipalities seeking coroner-fee reimbursement because those details did not…
Could a parish public defender also be civil counsel to the sheriff?
The AG said a parish public defender could also represent the sheriff if the sheriff work was limited to civil matters, as described in the request. It cautioned that work on the sheriff's…
Could a Louisiana sheriff close a parish jail after declaring it unsafe?
The AG said the East Carroll sheriff's determination that the parish jail was unsafe fell within his discretion and allowed him to transfer inmates and stop operating it. The police jury could seek…
Was a South Carolina school bus supervisor legally required to report suspected child sexual abuse under the 2006 statute?
The AG said a school bus supervisor was not listed among mandatory reporters in Section 20-7-510 and therefore had no duty under that statute to report suspected child sexual abuse. The opinion said…
Could South Carolina use water recreation funds to dredge privately operated Saluda Lake?
The AG did not decide whether the proposed Saluda Lake dredging or marina lease qualified. It said DNR had statutory discretion over Water Recreational Resources Fund projects, while public access…
Could the New Orleans Aviation Board issue $20 million in revenue notes for airport operating expenses?
The AG said the board had authority to issue the proposed revenue anticipation notes for airport operating working capital, subject to city council approval and a unanimous council declaration of…
Could Maryland's energy office legally move money from a fund set up to make low-interest loans for community energy efficiency projects into a separate fund used to make loans to state agencies?
No, not without further legislative action. The opinion concluded that money appropriated to the Community Energy Loan Program (CELP) Fund could only be spent for CELP's statutory purposes, so the…
Could a South Carolina juvenile justice deputy director also serve as a part-time magistrate?
The AG found no constitutional dual-office violation because the deputy director position appeared to be employment rather than a public office. It nevertheless advised against also serving as a…
Can a New York insurance company or broker charge an extra fee to a customer who pays an insurance premium by credit card?
No. General Business Law § 518 prohibits any seller in a sales transaction from imposing a surcharge on a customer who pays by credit card. The purchase of insurance coverage is a sales transaction…
Could a California school district buy permanent modular school buildings through another agency without bidding?
The California AG concluded in 2006 that a district could not use the public-agency purchasing provision to avoid advertised bids for factory-built components destined for permanent school buildings.
South Dakota water project districts (special-purpose political subdivisions formed under SDCL ch. 46A-18) are funded by tax levy or special assessment, and bond elections need 60% approval. The TLC Water Project District wanted to know who actually gets to vote in those bond elections. Do 'registered voters' have to also be landowners? Do landowners voting on special assessments have to be registered voters, or residents of the district? After 1998 statutory reorganization muddied the rules, district presidents needed a clear answer.
The 2006 AG separated the two voter groups. For bond elections funded by tax levy: registered voters of the district were eligible to vote, and they had to be residents of the district, but they did…
Could a Louisiana district court clerk borrow money through a parish or an intergovernmental agreement?
No. The AG concluded that a district court clerk had no statutory or constitutional authority to incur debt. A parish loan arranged through the Local Services Law would not create that authority if…
Could physicians at federally funded South Carolina health centers dispense prescription drugs to patients?
The AG said health-center physicians could possess and administer drugs and could dispense them under several statutory exceptions, depending on ownership, complimentary trial status, or free care…
Could a South Carolina agency director spend money appropriated for employee cost-of-living adjustments on another purpose?
No. Assuming the appropriation specifically designated cost-of-living adjustments and no statute authorized a transfer, the AG said an agency director had no discretion to spend the funds for…
Could Colleton County create an Edisto Beach special tax district simply to lower residents' general county taxes?
The AG said a special tax district could not be created simply to lower general county taxes without identifying district services. A sufficient petition required an election, but county council…
Could the Colorado Commission on Higher Education grant in-state tuition to undocumented students by policy or regulation?
No. The AG concluded that CCHE's authority was limited to uniform forms and did not include changing statutory tuition-classification criteria; that change required legislation.
Could the York County Commissioners refuse to fill a clerical position the Budget Committee had funded for the District Attorney's office?
The Maine AG concluded that York County Commissioners could not refuse to fill a position funded by the York County Budget Committee. Section 501(1) gives commissioners authority over hiring by…
Can absentee ballots be used in a New York election on whether to incorporate a new village?
No. Article 2 of the New York Village Law does not authorize absentee ballots in an election held to decide whether to incorporate a new village. The general references in article 2 to the Election…
Is it an illegal secret meeting under Delaware's FOIA if just two of seven town council members show up at a private citizens' group meeting?
No, under the law as it stood in 2006. The AG found that two of Smyrna's seven town council members attending an evening gathering of a citizens' group pushing for a town charter recall provision…
Could a Louisiana liquor retailer pick up alcohol from a wholesaler's warehouse instead of receiving wholesaler delivery?
Yes. The Attorney General said Louisiana's Alcoholic Beverage Control Law did not prohibit a retailer from buying beverages at a wholesaler's warehouse and transporting them to its retail premises.
Could South Carolina's State Board of Education restore older biology standards after the Education Oversight Committee approved revised standards with exceptions?
The AG concluded that the Education Oversight Committee had approved the revised biology standards except for four indicators. The State Board therefore could not unilaterally reinstate the 2000…
Did South Carolina's AED statute give civil-liability immunity to people who trained AED users?
The AG said the AED statute did not specifically or implicitly immunize trainers. A trainer could receive immunity only if the person also fit another protected category; the Good Samaritan…
Could the New Orleans Aviation Board borrow for airport operations, existing debt, and capital projects?
The AG said the New Orleans Aviation Board had statutory authority for borrowing tied to airport capital work and existing debt, subject to the required approvals. Borrowing for operating working…
Could a South Carolina regional housing authority commissioner also serve on a county council?
No. The AG concluded that both a regional housing authority commissioner and a county council member held public offices, so serving in both positions at once violated South Carolina's…
Did the Committee Amendment to LD 1481 fix the constitutional problem identified in the Maine AG's June 10, 2005 opinion?
Yes. The Maine AG concluded the proposed Committee Amendment to LD 1481 cured the constitutional issue identified in the office's June 10, 2005 opinion. By imposing the retroactivity restriction…
Does the Banking Law § 374(3) grandfather clause let a bank that already ran electronic check-cashing machines open new staffed check-cashing locations within 3/10 of a mile of a licensed check casher?
No. The grandfather clause in Banking Law § 374(3) for banks that were in the electronic check-cashing business when the statute took effect exempts only additional electronic check-cashing machines…
Did Connecticut require electronic voting machines to show every race on one screen?
No. The AG concluded that Connecticut law in 2006 did not require electronic voting machines to use a full-face ballot displaying every race at once. The Secretary of the State's earlier full-face…
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