State AG Opinions
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Could Louisiana's dental board expunge a first-time advertising discipline record after three years despite public-records law?
The AG said Act 189 was compatible with Louisiana's Public Records Act because it allowed later disposal of a first-time advertising discipline record that had first been public, rather than making…
Could a Louisiana city court marshal hire a private collection agency for unpaid fines and costs?
No under the law the AG examined. It said the city court clerk or marshal designated by the judge had the collection duty, and a private agency could be used only with special statutory…
Does a Texas commissioners court have to formally decide whether a newspaper is one of 'general circulation' before publishing county notices in it?
The Harrison County Criminal District Attorney asked, with two competing papers each claiming the status, whether the commissioners court had to formally determine which is a 'newspaper of general…
Could Connecticut’s state building inspector overrule a local official’s code interpretation?
The AG concluded that the State Building Inspector could review a local building official’s decision in a specific project, determine whether the State Building Code was misread, and issue an…
What authority did the Lake Wylie Marine Commission have over speeding boats and lake safety in 2005?
The Attorney General said the commission had broad authority to regulate Lake Wylie for public safety, subject to state law, public hearing, and notice requirements. He described law-enforcement…
Could the Caddo Levee District build a boat ramp on district land away from a levee?
No. The AG said the Caddo Levee District lacked authority under La. R.S. 38:325 to build the proposed recreational boat ramp because it would not be on or immediately adjacent to a levee. District…
Could Louisiana's State Mineral Board give a parish sand and gravel for local roads?
No. The AG said the State Mineral Board could not give state sand and gravel to a parish for roads the state had no duty to repair. It could transfer the materials for fair and adequate value or a…
Could a Louisiana city reverse a rezoning when a developer builds something other than the approved plan?
The AG said Zachary could make future rezonings conditional on approved plans and provide for reversion when a developer departed from them. For an earlier approval without that condition, the city…
Could a Maryland candidate chair another candidate's political committee?
A candidate could chair their own campaign finance entity. For another political committee, the 2005 law was ambiguous: the AG called the State Board's practice of permitting a chair without general…
Could South Carolina’s comptroller use unappropriated surplus funds to offset a GAAP deficit without legislative authorization?
The Attorney General concluded that the Comptroller General lacked authority to allocate roughly $104.9 million of unappropriated year-end surplus to offset the state’s GAAP deficit. The legislature…
Could a South Carolina dry cleaner leave the restoration trust fund after switching away from halogenated solvents?
The Attorney General found no statutory option for a participating drycleaner to leave the restoration trust fund after the 1995 election deadlines. Switching from halogenated solvents to other…
Did a South Carolina school board policy define which safety incidents administrators had to report to police?
The Attorney General concluded in 2005 that the phrase “as defined in local board policy” modified only “his property,” not the entire school safety reporting duty. The opinion also identified a…
Can the Texas Real Estate Inspector Committee hold its meetings by telephone conference call as an advisory board?
The Texas Real Estate Commission's administrator asked whether the Texas Real Estate Inspector Committee and its subcommittees could meet by telephone conference call under Government Code section…
How many Jasper County members sat on the Beaufort–Jasper Water and Sewer Authority board under the 1983 ordinances?
The Attorney General concluded in 2005 that the jointly adopted 1983 county ordinances provided two Jasper County seats on a nine-member board, despite a 1975 act describing four Jasper seats on an…
Can the Governor's Office of Consumer Affairs investigate someone who's making fake driver's licenses, IDs, or credit cards, when those fake documents are being used in identity-theft schemes?
Yes, but only when the manufacturers are using computers or computer networks. The criminal investigative authority of the Office of Consumer Affairs (OCA) under O.C.G.A. § 10-1-393.5 reaches anyone…
Were Kentucky Commonwealth's Attorneys subject to the executive-branch ethics code and commission?
No. The AG concluded that Commonwealth's Attorneys were not among the officers and public servants covered by KRS Chapter 11A and were outside the Executive Branch Ethics Commission's jurisdiction.…
Can a Texas appropriations rider force a state agency to competitively bid small contracts that general law exempts from bidding?
The State Board of Dental Examiners asked whether a rider attached to its 2006-07 appropriation could require competitive bidding on all of its contracts, no matter how small, when Government Code…
Can a sitting school board trustee be appointed to fill a vacancy on the same board in Texas?
A senator asked whether a sitting Schulenburg ISD trustee could vote to appoint himself to fill a board vacancy left by another trustee's resignation. The Attorney General said no. The common-law…
Could a private citizen prosecute a South Carolina fraudulent check case if the solicitor declined?
The Attorney General said in 2005 that a private citizen could not personally prosecute the case. The solicitor retained control of magistrate court prosecutions and could allow a private attorney…
Did years of living in South Carolina make a Canadian citizen eligible for in-state tuition in 2005?
The Attorney General declined to decide the student’s eligibility because it required facts the office could not determine in an opinion. The university had to classify his residency under the…
Could Greenville County’s register of deeds satisfy a mortgage when a court order named the clerk of court?
The Attorney General concluded in 2005 that Greenville County’s register of deeds could satisfy the mortgage under the master-in-equity order, even though the order named the clerk of court. In…
Did a California felony conviction bar voting while the person was in county jail in 2005?
The California AG concluded in 2005 that a person jailed for a felony conviction was then ineligible to vote. It read “imprisoned” in the state Constitution to include a local jail, while…
Did a Washington off road vehicle tag allow driving on public roads in 2005?
No. The AG concluded an ORV tag did not authorize operation on a public highway. Local governments could allow use on qualifying nonhighway roads, but could not override the statewide highway restriction.
Could a lawyer licensed only in another state file South Carolina court pleadings without admission or pro hac vice approval?
The Attorney General concluded in 2005 that admission and swearing in another state did not itself authorize practice in South Carolina courts. He read Section 40-5-310 as referring to South…
Could a law firm receive a real estate commission when only one partner held a broker license?
The California AG concluded in 2005 that the firm could receive a brokerage commission for a seller’s transaction if its licensed broker partner handled every act requiring a broker license.…
Does Texas law bar the Workforce Commission from using block grants to fund certain listed employment programs?
A senator asked whether section 302.062(g) of the Labor Code prohibits the Texas Workforce Commission from using block grants to fund the fourteen programs that subsection lists. The Attorney…
If a county appraisal district employee marries the county tax assessor-collector, can the employee keep the job?
The Kerr County Attorney asked what happens when a county appraisal district employee marries the same county's tax assessor-collector, who sits on the appraisal district board as a nonvoting…
Did Washington’s stock watering groundwater exemption have a 5,000 gallon daily limit?
The 2005 AG opinion said no numeric limit appeared in the permit exemption and Ecology could not impose a categorical cap by rule. Other water management laws could still limit a particular withdrawal.
Did a county officer’s bond eliminate personal liability, and did the register still have to record official bonds?
The Attorney General explained in 2005 that liability depended on the Tort Claims Act, insurance, and the facts; the county bond did not answer every liability question. He also said the statute…
Could the Port of Iberia buy or expropriate land in neighboring Vermilion Parish?
No. The AG read the Port of Iberia's enabling statute as permitting the commission to acquire land in Iberia Parish only. It found no other authority to buy or expropriate land in neighboring…
Could a Louisiana municipality annex land across Richwood's boundary after the 2002 annexation amendment?
The AG said the 2002 amendment to Louisiana's annexation statute permitted a municipality to annex noncontiguous land, including the boundary-crossing proposal described by Richwood's mayor. The…
Could a South Carolina city administrator suspend a municipal judge without pay after a citizen filed a misconduct complaint?
The Attorney General said in 2005 that he knew of no authority for a city administrator to do so. Suspension of a municipal judge on misconduct grounds belonged under the state judicial disciplinary…
Could Simmesport demolish dangerous abandoned buildings and clean up unsafe lots?
Yes. The AG said Simmesport could demolish a building that was dilapidated and dangerous to public welfare if it followed the statutory report, notice, and hearing process. It could also adopt an…
Can a Louisiana water district buy land and drill a well in a neighboring parish to supply its customers?
Yes to acquiring appropriate land in the adjoining parish. To drill a well there and bring water back to its district, the AG said Cameron Parish Waterworks District No. 10 needed an agreement…
Could a Louisiana parish install culverts for private landowners in public rights of way if they repaid the cost?
Yes. The AG said Jefferson Davis Parish Police Jury could agree with private landowners to install culverts in public rights of way to improve parish drainage, but it had to recover its actual…
Could an officer take someone into custody for a minor infraction without satisfactory ID in 2005?
The California AG concluded in 2005 that an officer could take a person arrested for a nontraffic infraction into custody if the person lacked satisfactory identification, even when willing to sign…
Could the Terrebonne Parish Council put a proposed smoking ordinance directly to a referendum?
The AG found no authority for the Terrebonne Parish Council itself to put a proposed smoking ordinance on a referendum ballot. Under the parish charter as the AG read it in 2005, proponents could…
Could Bogalusa spend sales tax revenue dedicated to its industrial park on the damaged access road outside the park?
No. The AG said Bogalusa's voter-approved sales tax was dedicated to improvements and maintenance within the industrial park. City Limits Road was a heavily used access route but was outside the…
Was a Caddo industrial development board warehouse exempt from property tax while leased to a private developer, and could the board require a payment instead?
Yes. The AG said a Caddo industrial development board project remained exempt from ad valorem tax while the board held title and leased it to a private developer. The board could require an annual…
Could a Louisiana village defend itself in court without a lawyer, and could a judgment creditor seize village property?
The AG said Rodessa could defend itself through a duly authorized representative only if the case involved an open account, promissory note, or eviction. It also concluded that public village…
Did the St. Tammany police jury have to buy a mapping system needed by the parish assessor?
Yes, if the assessor adequately showed that the computerized mapping system was needed for official duties. The AG said the police jury had to buy it under La. R.S. 33:4713 and bill the parish's…
Did Jefferson Parish have to bus eligible magnet-school students and students attending another school by permit?
The AG said students eligible to attend Jefferson Parish magnet schools without special board permission qualified for free transportation under the statutory conditions, even if they lived outside…
Did advisory groups formed by a Louisiana development district board have to hold open meetings?
Yes for the two proposed groups described to the AG. They were board committees with board members that would recommend action to the district's executive director, so the AG treated their meetings…
Could reporters ask voters exit-poll questions within 600 feet of a Louisiana polling place?
Yes. The AG said voluntary media interviews of voters after they voted were permissible within the 600-foot zone and that the reviewed demographic and policy questions were acceptable. The answer…
Did Louisiana’s waste-tire fund owe processors later payments when a month’s funds fell short?
The AG said the Waste Tire Management Fund did not owe processors a continuing debt for monthly shortfalls. When money was insufficient, the department paid undisputed amounts pro rata and could…
Did Hurricane Katrina or Rita delay a Louisiana home buyer’s closing deadline?
The AG said a buyer was not liable for missing a closing deadline when a hurricane made performance impossible, and temporary impossibility could suspend performance. It reasoned that a seller’s…
Could a Louisiana hospital award allied-health scholarships to licensed practical nurses even though another nursing scholarship law excluded them?
Yes. The AG said licensed practical nurses were eligible as a profession for allied-health scholarships under La. R.S. 46:1151. Their exclusion from the separate registered-nurse scholarship program…
Could Zachary remove a council member who interfered with city employee hiring?
The AG said Zachary's charter provided a forfeiture mechanism if a council member actively interfered with appointment, removal, direction, or supervision of city staff. It said the process needed…
Does an assigned Louisiana justice of the peace receive the pay of the judge whose duties he takes over?
The AG said a judge assigned to a court was entitled to compensation no less than that of the court’s judges, including additional compensation. It applied that rule to a justice of the peace who…
Could Zachary's mayor remove one set of duties from a combined department job without council approval?
No. The AG said Zachary's mayor could propose changes to department functions or duties, but Section 4-11 of the city's home rule charter required council approval. Allowing the holder of a…
Did Zachary need a separate ordinance to raise municipal civil-service pay rates already approved in its budget?
No. The AG concluded that increasing rates in Zachary's municipal civil-service pay plan did not change the provisions governing civil service, so the charter's separate-ordinance requirement was…
Did Simmesport need a voter election or public bids to sell its municipal natural-gas system?
The AG said Simmesport could sell its gas system, but a sale to a private entity required the statutory proposal, notice, hearing, voter-approval, and ordinance steps. A sale to another public…
Could Maringouin's elected police chief also work full time as an Iberville Parish deputy sheriff?
Yes. Although Louisiana's general dual-officeholding rule would bar an elected police chief from also holding the full-time appointive office of deputy sheriff, the AG said a specific exception for…
Could a Louisiana water district credit a customer's bill for a leak without proof of the repair?
The AG said the district's policy, as written, was deficient because it did not require customers to document leaks and repairs before getting a bill adjustment. It described credits as permissible…
Could a Crowley alderman also work for a locally run, federally funded assistance program?
The AG concluded that the Crowley alderman could not also hold his A.S.S.I.S.T. job on the assumption that his work involved federally funded activities. It relied chiefly on the Hatch Act's…
Were Connecticut purchase of service contracts exempt from AG review and competitive procurement?
The AG concluded that Connecticut’s personal service agreements and purchase of service contracts had no legal distinction that exempted the latter from Attorney General review or competitive…
Did South Carolina’s 1974 local act still support New Ellenton police jurisdiction over the school campus outside town?
The Attorney General concluded in 2005 that the 1974 act retained its presumption of constitutionality, while acknowledging that local facts could affect the special-law analysis. He also identified…
Could a California city charge more than Caltrans for an oversized-load permit?
The California AG concluded in 2005 that a city or county’s permit fee could not exceed Caltrans’ comparable fee or the locality’s estimated administration cost. Necessary special services for an…
Could another Connecticut agency register apprentices instead of the Labor Department?
The AG concluded that Connecticut’s Department of Labor held the exclusive statutory authority to register apprenticeship programs and individual apprentices. The State Apprenticeship Council had…
How did Maryland assess whether its public universities had dismantled the effects of past segregation?
In 2005 the AG advised a four-step review: ask whether a policy traces to past segregation, still has segregative effects, serves a sound educational purpose, and could feasibly achieve that purpose…
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