State AG Opinions
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Could Greenville record sworn affidavits saying neighboring land had long been used as a farm?
The 2005 AG said no. The affidavits described farm use and a neighbor’s residence but did not concern title to land, so they had no basis for recording under the statute he examined.
If a New York village regulates anchoring, mooring, and dock construction in waters off its shoreline, but the town owns the underwater land, can the town also require its consent before someone builds a dock or drops an anchor?
Yes. A town that owns underwater lands (here, the Town of Huntington, holding them under colonial patents) retains property rights subject to the public trust and to riparian access. Village…
If a New York city alderman sues another city official and takes private donations to cover the legal bills, do those donations count as 'gifts' the alderman must disclose?
Yes. The AG concluded that donations for an alderman's personal lawsuit against another city official are gifts under General Municipal Law § 805-a. A gift worth seventy-five dollars or more…
Could a Louisiana juvenile court hire a person with an expunged criminal or juvenile record?
The AG said an expunged adult record alone did not prohibit hiring, but a conviction for a crime listed in LSA-R.S. 15:587.1(C) barred it. It said an expunged juvenile delinquency record should not…
Could a Louisiana mayor also work for the town's community center?
No. The AG concluded that the mayor of Waterproof could not also work for its community center because the center was a municipal entity. The cited dual-officeholding statute barred local elected…
If a city council member raises an off-agenda topic during the public comment portion of a meeting, can the council act on it right then?
No, and that's what Dover correctly did, under the law as it stood in 2005. The AG found the City of Dover did not violate FOIA when a councilman raised pension plan investment concerns during the…
If Delaware council members privately agreed how to vote before a public meeting, who has to prove it happened?
The person alleging the secret meeting has to come forward with real evidence, not just suspicion, that a quorum actually met; only then does the burden shift to the public body to prove no FOIA…
Does a Delaware county council have to explain why it amended a meeting agenda to name a specific employee in a personnel matter?
No, under the law as it stood in 2005. The AG found New Castle County Council did not violate FOIA when it called a special meeting about its County Auditor on roughly 32 hours' notice, since the…
Could a California community college district spend public money to research or promote a bond measure?
In the 2005 opinion, district money could fund surveys and focus groups to assess whether to propose a bond measure, but could not fund a campaign to win approval. After the district's measure…
Did a California store that accepted goods for online auctions need a secondhand dealer license?
The California AG concluded in 2005 that an in-state drop-off store accepting used goods for online auction, storing them, arranging payment and delivery, and charging sellers a fee had to be…
Did a Louisiana officer hired before 1986 need POST training after a break in service?
The AG concluded that a peace officer first employed before 1986 who later left service and was rehired was subject to POST certification requirements. The POST Council had authority to amend its…
Does a Texas city that limits police tow fees have to follow the state tow-fee study law?
Transportation Code section 643.204 says a city that 'regulates' nonconsent tow fees must set up a procedure letting towing companies request a tow-fee study, and must set the allowed fees at fair…
Does a Texas community college's service area grow when it teaches courses outside its assigned territory?
Texas law assigns each junior (community) college district a fixed 'service area,' a defined territory that matters for things like real-property powers, annexation, and reduced tuition. The Alvin…
Could a Washington public library charge residents to borrow materials or fine them for overdue returns?
The Attorney General concluded in 2005 that a public library could not charge residents for traditional library services, including borrowing materials, but could assess reasonable fines for overdue…
Could a South Carolina magistrate compel production of documents with a subpoena duces tecum?
The 2005 AG said no absent specific statutory authority or a court rule. The provisions allowing summary courts to summon witnesses did not authorize them to compel production of documents.
Which Washington local boards counted as an elected legislative body for the public-resources ballot-measure exception?
The Attorney General concluded in 2005 that RCW 42.17.130’s exception applied only to a body directly elected by voters and empowered to make general laws. City and town councils and county…
Could Hardeeville charge fire and emergency medical response fees to nonresidents after traffic crashes?
The 2005 AG concluded that Hardeeville’s ordinance was authorized and predicted a court would uphold it. Nonresidents paid for services because they did not pay city taxes; residents paid fees when…
Could Greenville’s register of deeds also be appointed county tax collector?
The 2005 AG said no. Both were separate public offices, and the statutory ex officio arrangement allowing some clerks of court to act as registers of deeds did not cover this separate appointment.
Can a Delaware citizen force a school district to create a new report instead of just handing over the underlying records?
No. The opinion found that once a school district hands over all the underlying documents responsive to a records request, Delaware's FOIA does not require it to also compile or reformat that data…
Did the firearm ban apply on Francis Marion University roads that were not open full time to public traffic?
The 2005 AG said yes on the campus police chief’s stated facts. The statutory road exception required roads to be open full time to public vehicles, and the chief said these roads were not.
Can the Maine Legislature amend or override a school funding law that voters approved by citizen initiative?
The AG concluded the Legislature had constitutional authority to amend or repeal a citizen-initiated law and that P.L. 2005, c. 2's five-year phase-in toward the 55% state-share goal was a lawful…
Could bypassing a municipal water meter and taking unpaid water be charged as larceny?
The 2005 AG said theft of water from a municipality could be common-law larceny, even though a separate meter-tampering statute existed. He did not decide whether the greenhouse operator committed…
How did the South Carolina AG assess the proposed 2005 Right to Life Act’s constitutionality?
The 2005 AG considered the proposed act facially constitutional as state-law guidance outside abortion regulation. He said it could not be applied to deny the federal abortion right recognized by…
Can a state agency that makes student loans (the Georgia Student Finance Authority) accept electronically signed promissory notes from student borrowers, or does the requirement that promissory notes be 'negotiable instruments' force the use of paper documents with wet signatures?
Yes, electronic promissory notes are valid here. Georgia's Electronic Records and Signatures Act (O.C.G.A. § 10-12-4) generally allows electronic signatures, but excludes 'negotiable instruments.' A…
How many vacation days did a Louisiana firefighter use for a 24-hour shift?
The AG concluded that a Natchitoches firefighter taking off a 24-hour shift running from 7 a.m. to 7 a.m. used two statutory vacation days, because the governing law counted calendar days rather…
Could Washington’s industrial insurance appeals board pay for public-employee death-benefit appeals from the accident and medical aid funds?
The Attorney General concluded in 2005 that the board could use the accident and medical aid funds for appeals of the specified public-employee death-benefit determinations. The Legislature could…
Was the Five Wishes advance-directive form legally binding in South Carolina in 2005?
The 2005 AG said the reviewed Five Wishes form did not substantially conform to South Carolina’s statutory living-will or health-care power-of-attorney forms, so it was not legally binding. It could…
Could South Carolina change appointments to a one-county water district through a district-specific bill?
The 2005 AG predicted that a court would likely find proposed H.3728 unconstitutional if the Startex-Jackson-Wellford-Duncan district’s tax and service areas stayed entirely within Spartanburg…
Could a city council member vote on a land lease to someone he asked to donate to a park trust?
Yes, under the facts reviewed in 2005. The council member was an unpaid director of the trust, and neither he nor the trust would lease the land or gain financially from the lease.
When did ordinary bills from Kentucky's 2005 legislative session take effect?
The AG said those 2005 regular-session acts took effect at the first moment of June 20, 2005, after 90 full days had elapsed following final adjournment. General appropriation measures and acts with…
Could a juvenile detention center assistant director also serve as a Louisiana parish police juror?
The AG concluded that the Ware Youth Center assistant director could run for police juror, but could not hold both roles if the Natchitoches Parish Police Jury transferred money to the center's…
Could a Maine town commit its 2005 property taxes before a new homestead-exemption law took effect, and could it later have to redo those commitments retroactively?
The AG advised that municipalities could not apply the increased homestead exemption before P.L. 2005, ch. 2 took effect, but the safest approach was to delay commitment until the act became…
Could a private college trustee also serve on a South Carolina public university board in 2005?
The AG said trustees of private Limestone and Sherman colleges could also sit on the South Carolina State University board. A member of the Lancaster County Commission on Higher Education could not…
Did the Nonresident Violators Compact apply after a driver appeared in court but failed to pay a traffic fine?
The Attorney General concluded in 2005 that the compact applied when a driver appeared, pleaded guilty, and then failed to pay the fine. He reached the same conclusion for the described Georgia and…
Did Kentucky's Constitution bar the legislature from authorizing gambling beyond lotteries?
The AG said Section 226(3) barred lotteries and similar paid prize schemes decided purely by chance, subject to the Constitution's express exceptions. It concluded that other forms of gambling were…
Did the 2005 petition to recall Port Vincent alderman David Carter have enough valid signatures?
No. The AG said the petition to recall David Carter, Port Vincent's alderman, lacked enough valid signatures for the governor to order a recall election. The registrar certified 97 qualified…
Did the 2005 petition to recall Port Vincent alderman Jeffery Scott Martone have enough valid signatures?
No. The AG said the petition to recall Jeffery Scott Martone, Port Vincent's alderman, lacked enough valid signatures for the governor to order a recall election. The registrar certified 98…
Did the 2005 petition to recall Port Vincent mayor Laura Savoy have enough valid signatures?
No. The AG said the petition to recall Laura Savoy, Port Vincent's mayor, lacked enough valid signatures for the governor to order a recall election. The registrar certified 98 qualified electors…
Can a Texas county force a justice of the peace to use the county's collection company for unpaid court fines?
Brazoria County's commissioners court hired a private attorney to collect overdue justice-court fines, fees, and costs (with a 30% collection fee under Code of Criminal Procedure article 103.0031),…
Does working as a prosecutor in another state count toward a Texas assistant prosecutor's longevity pay?
No. The opinion concluded that time spent working as an assistant prosecutor for a district attorney's office in another state does not count toward the four years of lifetime service credit Texas…
Could a sheriff’s reserve officer also serve on the Clemson City Council in 2005?
The Attorney General concluded that a reserve officer who was not a commissioned constable could not serve on Clemson City Council at the same time. Both positions counted as offices under the…
Could a Louisiana village pay to extend water service outside its limits for residents who could not afford it?
The AG said Calvin could not simply use public money to extend water service to private homes beyond village limits. It could do so through a social-welfare program for needy residents if the…
Could a parish party chair name a different designee for a single election-supervisors meeting?
Yes. The AG said the party chair could designate another member of the same parish executive committee for a meeting the chair could not attend. That designation did not have to last for the chair's…
Could a Louisiana town use its fire department to protect parish land outside town limits for free?
The AG said Woodworth could not provide free fire protection beyond town limits or use its dedicated fire tax to subsidize that service. It could agree to serve the parish area if the parish covered…
Could a Louisiana town contribute public money to support a veterans hospital through a parish agreement?
The AG concluded that Elton could contribute to the VA hospital in Jennings and use a cooperative agreement with the parish. The agreement needed a legal obligation, a public purpose, and a cost…
Could a Louisiana village use a street-maintenance tax to pay workers to cut grass and remove litter?
Yes. The AG said clearing litter and cutting grass around streets and sidewalks fit the voter-approved purpose of maintaining them. Tax proceeds could pay only for time spent on that work, unless an…
Was a privately owned Louisiana cemetery automatically exempt from parish property tax?
No. The AG said operating land as a cemetery did not itself make it tax-exempt. The assessor had to determine whether its owner was a qualifying nonprofit and whether the property met the…
Could Louisiana schools hire a vocational agriculture teacher for less than twelve months?
The AG said no for the full-time teachers described. A vocational agriculture teacher had to have a twelve-month employment term, whether teaching agriculture exclusively or along with other…
Could Louisiana's Causeway commission spend leftover Highway Fund money on rehabilitation?
No. The AG concluded that Act 875's specific spending instructions did not authorize the Greater New Orleans Expressway Commission to use surplus revenue for its proposed rehabilitation program.…
Could a Louisiana town buy one alderman an individual health policy instead of group coverage?
No. The AG concluded that Amite's ordinance and the cited state statute authorized town-paid group health insurance, not a separate individual policy for one alderman. The result did not depend on…
Could a Louisiana school board reimburse members for home internet service?
Yes, on the described facts. The AG concluded that St. Tammany Parish School Board could reimburse members for the average cost of home internet service used with board-provided laptops for official…
Could a Louisiana farmer use a Mule or similar off-road vehicle on a public road?
The AG said a Mule, Ranger, or Rhino designated for farm use through a proper motor-vehicle application could be treated as farm equipment. It quoted limited permission to travel public-road…
Can a Texas appraisal review board schedule a property tax protest hearing before the property owner has filed a written protest?
No. The opinion concluded that an appraisal review board has no authority to schedule a hearing on a property tax appraisal protest, or to notify the property owner of a hearing date, until the…
Does showing Maine's Circuit Breaker property tax program as a 'tax expenditure' rather than a General Fund appropriation violate the state constitution's appropriations clause?
The AG concluded that listing the Circuit Breaker (Maine Residents Property Tax) program as a 'tax expenditure' deducted from total revenue rather than as a General Fund appropriation did not…
Did a 1984 South Carolina AG opinion still bar licensed dealers from selling tasers in 2005?
The AG concluded that a 1990 amendment made the 1984 interpretation inapplicable to the described taser, which he understood lacked a die-cast metal alloy frame or receiver. The dealer statute did…
Did South Carolina’s 2005 dealer restriction cover a taser with no die-cast metal alloy frame?
The AG said no on the stated understanding that the taser lacked the frame or receiver described in the amended statute. He also said the dealer statute did not decide whether police could possess…
Could Connecticut’s Judicial Review Council investigate misconduct without a signed complaint?
The AG concluded that the Judicial Review Council could start an investigation without a specific notarized complaint if information gave it reason to believe statutory misconduct had occurred, or…
Could Vermont's nineteenth-century abortion statute, 13 V.S.A. § 101, be applied to physician assistants and advanced practice nurses, or only to people without medical training?
The statute did not apply to licensed physicians, osteopaths, physician assistants, or advanced practice nurses if the procedure was within their approved scope of practice. It could be applied to…
Can Maine sell its future lottery revenues for an upfront payment without voter approval, and could the state retirement system buy the resulting bonds?
The AG concluded the Legislature could authorize the sale of future lottery revenues without voter approval if the transaction was structured so it did not pledge the State's full faith and credit,…
Did paid political consulting automatically cost a California farm labor board member his office?
The California AG concluded in 2005 that the board member’s paid political work appeared to violate the ban on outside employment, but it did not automatically vacate his office. The AG denied…
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