State AG Opinions
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Could a South Carolina charter school be closed automatically over enrollment limits or lost payments?
The AG did not find an automatic shutdown rule for a charter school’s departure from the enrollment limits. It said the statutes left many proposed fact patterns unresolved, while charter revocation…
Did a South Carolina real estate auction need both an auctioneer and a real estate license?
The AG concluded that a real estate auction needed both a licensed real estate broker and a licensed auctioneer. One person could hold both licenses, or two separately licensed people could participate.
Was the Horry County treasurer a county officer or a state officer?
The AG concluded that the Horry County treasurer held a county office, citing earlier AG opinions and statutes that expressly described county treasurers as county officers.
Did serving as an undersheriff and county veterans service officer violate California’s dual-office rule?
The Attorney General denied permission to sue over the combined positions. It characterized the county veterans service officer role as employment rather than a public office for the common law…
Did California retirement boards with appointed staff count operating capital assets against their administration expense cap?
The 2004 opinion said yes for a board that appointed its own personnel under the 1937 retirement law. Operating capital assets counted as administrative expenses subject to the annual limit, with…
Could Kentucky change or end competitively bid state employee health-insurance contracts, and owe lost profits?
The Attorney General said amendments to Kentucky’s competitively bid employee health-insurance contracts had to follow procurement procedures and could not materially defeat competitive bidding.…
Is the Texas grandparent visitation law constitutional after the Supreme Court's Troxel v. Granville decision?
Yes, according to this 2004 opinion. Family Code section 153.433 is constitutional on its face, but a court applying it must require the grandparent to overcome a presumption that a fit parent is…
Can a Texas district attorney's office keep forfeited property, like seized vehicles or cash, for its own use?
Yes, according to this 2004 opinion. A district attorney's office qualifies as a "law enforcement agency" under Code of Criminal Procedure article 59.01(5) because it employs peace officers, so an…
Can a Delaware school district keep its union contract negotiation drafts and strategy secret until a final deal is reached?
Yes, according to this opinion. The AG found draft contract proposals and negotiating strategy tied to ongoing collective bargaining are exempt from FOIA and can be discussed in closed executive…
Are NC Tax Review Board meetings subject to the Open Meetings Law, and what tax information can board members discuss publicly?
Yes for general meetings, no for deliberations. The AG concluded the Tax Review Board was a public body subject to the Open Meetings Law, but the § 143-318.18(7) exemption let it deliberate in…
Could Texas barber licensing use online applications while requiring a physician's health certificate?
Yes. This 2004 opinion held that the State Board of Barber Examiners had to participate in TexasOnline while still requiring a physician's health certificate before issuing or renewing a license.…
Does Texas's Public Funds Investment Act limit how a municipal utility can invest nuclear plant decommissioning trust money?
No, according to this 2004 opinion, as long as the municipal utility holds the decommissioning trust funds only as a custodian to pay decommissioning costs on behalf of the selling utility's…
Could a Connecticut marshal charge 15 percent to collect delinquent taxes?
The AG concluded that Connecticut marshals executing alias tax warrants were entitled to a ten percent collection fee, not the general fifteen percent execution fee. Marshals who charged the higher…
Could noncommittee councilmembers join committee discussions without triggering South Carolina FOIA meeting notice?
The AG predicted that a court would likely treat a committee gathering as a meeting of the full town council when participating noncommittee members brought a council quorum together. In that…
Could South Carolina use education lottery money to cover the drug and alcohol agency's operating costs?
The Attorney General concluded that lottery proceeds could not restore cuts to the drug and alcohol agency's general operating budget when the money would pay staff and expenses unrelated to…
Could a Washington housing authority administer Section 8 contracts for a public housing agency in another state?
The Attorney General concluded in 2004 that a Washington housing authority could perform Section 8 contract administration for an out-of-state public agency under a qualifying interlocal agreement,…
Could a South Carolina school district withhold records or remove elected school improvement council members?
The AG said a school improvement council could obtain district records unless a specific FOIA exemption applied, and copying charges could not exceed the statutory cost limits. It also said a…
Can a New York village set its own truck weight limits and write tickets for commercial vehicle safety violations, or do state laws preempt that?
A village may pass a local law excluding from designated village highways trucks below the state maximum weight in VTL § 385, but it may not duplicate § 385 itself; conduct that violates the state…
Does a city charter amendment that guarantees every speaker at least five minutes of preliminary public comment at council meetings require a public referendum to pass?
Yes. A Binghamton charter amendment requiring the City Council to give every speaker at least five minutes of preliminary public comment before the legislative agenda would substantially constrain…
Can a Texas police officer take an off-duty job as a private security guard without breaking the law against public officials accepting honoraria?
Yes, according to this 2004 opinion. A commissioned peace officer's typical off-duty security work does not violate the Penal Code's honorarium ban, because employers hire the officer for training…
Did South Carolina procurement law prohibit design-build or construction manager at risk contracts for school buildings?
The AG accepted the procurement office's view that § 11-35-3245 did not categorically bar design-build or construction manager at risk contracts, but restricted separate construction contracts after…
Could a South Carolina state agency agree to indemnify a county if the agreement said it applied only as state law allowed?
The Attorney General said a state agency lacked authority to enter an indemnification agreement. Adding 'so far as the laws of the State permit' would not supply that authority; the office overruled…
Can a hospital, doctor, or other HIPAA-covered entity legally hand over a child's protected health records to the Georgia Child Fatality Review Panel or to a county-level child fatality review committee without patient or family authorization?
Yes. HIPAA's privacy rule (45 C.F.R. § 164.512(b)) lets covered entities disclose protected health information without authorization to a 'public health authority' that's authorized by law to…
Could private security at a South Carolina resort stop drivers and issue fines under community traffic rules?
The AG said private security could enforce a covenant-based sanction only if an agreement bound the driver, and could not use its state arrest powers for that purpose. It rejected blue-light stops…
Can someone with a sealed criminal record in Texas voluntarily let a federal background check see it anyway?
Not by waiving the order themselves, according to this 2004 opinion, since Texas law gives no one the power to waive a section 411.081(d) nondisclosure order. But the record can still legally reach…
Can a Texas sheriff's civil service commission restrict who a sheriff is allowed to hire as a deputy?
Yes, according to this 2004 opinion. Unlike a county commissioners court, which cannot tell a sheriff whom to select, a civil service commission created under Local Government Code chapter 158,…
Can the Texas board that licenses real estate appraisers add its own classroom-hour requirements for appraiser trainees?
No, according to this 2004 opinion. Occupations Code chapter 1103 lets the Texas Appraiser Licensing and Certification Board set qualifications for certificate and license categories, but a trainee…
Could Weatherford College lease campus land on favorable terms to a Methodist-affiliated nonprofit for a student center and chapel?
Potentially. The college district had implied authority to lease land to a private nonprofit, including a religiously affiliated one, but the lease could not impair college use or surrender board…
Can a Texas school district discipline its own police officers without giving them a copy of a signed written complaint first?
No, according to this 2004 opinion. The Education Code rules on school district peace officers don't override the Government Code's complaint procedure, so a school district police department still…
Can a Georgia city pledge its full faith and credit (its taxing power) to secure a loan from the Georgia Environmental Facilities Authority for water or sewer projects without holding a voter referendum?
Yes. Under the intergovernmental contracts clause of the Georgia Constitution (Art. IX, § III, ¶ I(a)), GEFA loans for water and sewer facilities are treated as a contractual 'service' rather than…
Can a Texas county clerk also serve as a director of a river authority at the same time?
Yes, according to this 2004 opinion. Both jobs would normally count as a paid 'civil office of emolument,' which the Texas Constitution bars one person from holding two of at once, but Government…
If a NC notary public is being reappointed, can they take the oath of office before the effective date of the new commission, or do they have to wait until the new term starts?
Under the statute in effect in 2004, a notary could take the oath within 90 days of commissioning, including before a renewed commission's effective date. The AG found no requirement in that statute…
Would Connecticut indemnify a court monitor helping reform its juvenile training school?
The AG concluded that Connecticut had to defend and indemnify the Juan F. court monitor for work at the Connecticut Juvenile Training School if that work fell within his duties under the revised…
By 2004 the City of Watertown was seeing more and more electric scooters: kick-style two-wheeled platforms, electric mopeds, motorized-bicycle-looking devices, some capable of 38 mph. Riders of all ages were using them on public and private property. Watertown's city attorney wanted to know whether these things could legally be driven on the public highways of South Dakota.
Electric motor scooters with two or three wheels were motorcycles under the cited South Dakota definition. Whether a particular scooter also qualified as a moped depended on inspection of its drive…
Could a Burnettown police officer also work for a private contractor at the Savannah River nuclear site?
The AG said the officer could keep his part-time police commission because his Wackenhut job had no law enforcement authority and he held neither a special constable commission nor a private…
Could Anderson County require separate property tax bills for county and school costs?
The AG said the statutory requirement for a tax bill appeared to call for a single bill, so the county council did not appear authorized to make the auditor send separate county and school tax notices.
Could a California school district charge a family to process an interdistrict transfer application?
No, under the 2004 opinion. A district could not charge the proposed $20 processing fee to a student living in another district because no law specifically authorized it under the state school-fee…
Do neighborhood deed restrictions apply to land a Texas public university acquired by purchase or condemnation?
No, according to this 2004 opinion. Under Texas case law, deed restrictions and restrictive covenants don't bind a governmental entity, particularly one with condemnation power, on property it…
Could a company legally broadcast a televised bingo game like BingoTV in Texas without a state bingo license?
No, according to this 2004 opinion. BingoTV met the legal definition of bingo, the company wasn't licensed to conduct bingo, and its television-and-online format didn't fit the narrow promotional…
Could an Ocean City condo owner register to vote in Worcester County while living elsewhere most of the year?
Only if the owner chose Ocean City as their domicile, or primary legal residence. Owning and sometimes using a condo there was not enough while another place remained the person's primary residence.
Did South Carolina require a second owner and lienholder search before selling an abandoned vehicle?
The AG said the amended abandoned-vehicle law did not require a second owner and lienholder search under the cross-referenced storage statute. Certified or registered mail to the known owner and…
Could Charleston County put roads, transit, and greenbelts into one yes-or-no sales tax vote?
The AG said the county could list several transportation projects within one ballot question, but each separate project needed its own yes-or-no vote. It said the statute did not permit unrelated…
Can elected and appointed officials in Maine use their offices and public funds to campaign against a ballot initiative like a property tax cap?
Maine officials and government bodies may inform the public about a ballot initiative and may express views as public officials, but may not expend public funds solely or primarily for partisan…
Can a Delaware town bar someone from a public meeting because it suspects he posted critical comments online?
No, under the law as it stood in 2004. The AG found the Town of Cheswold violated FOIA and the First Amendment by barring a recently terminated employee from a town council meeting based on…
Did a certified used oil collection center avoid cleanup costs for oil produced by its own oil-change shop?
No. The exemption examined in the 2004 opinion covered used oil the center received from the public, if the statutory handling conditions were met. It did not cover oil generated by the center’s…
Could a Texas county auditor approve payment on a contract awarded without following the County Purchasing Act?
A county auditor who determined that a contract violated the County Purchasing Act had to reject payment claims under section 113.065. The contract was not automatically void from inception, but a…
When did a South Carolina DUI license suspension begin: at conviction or after written notice?
The AG said the suspension under the statute it examined began at conviction, sentencing on a plea, or forfeiture of bail, subject to statutory exceptions, rather than when the driver later received…
Can a Texas municipal fire and police civil service commissioner be reappointed to a second consecutive term?
No, according to this 2004 opinion. A civil service commissioner counts as holding a 'public office,' and the statute bars appointing anyone who has held a public office within the preceding three…
Can a Texas district court's courtroom be moved to a different spot within the county seat city, not just the original historic town site?
Yes, according to this 2004 opinion. The Texas Constitution requires district courts to sit at the 'county seat,' but that term isn't frozen to the original founding-era acreage; a 1987 statute…
Did the Kerr County judge have to conduct mental-health hearings at the state hospital, and could the county offset the judge’s salary supplement?
Kerr County’s constitutional county court and county court at law had concurrent Mental Health Code jurisdiction, and hearings could—but generally did not have to—occur at Kerrville State Hospital.…
Could Hidalgo County's civil service plan protect deputy district clerks who serve at the district clerk's pleasure?
No, according to this 2004 opinion about Hidalgo County. The Attorney General concluded that its deputy district clerks were not covered by the Hidalgo County civil service plan and that the…
Could a Connecticut naturopath use lasers for hair removal under phototherapy authority?
The AG concluded that the naturopathic phototherapy provision did not then authorize laser therapy. The State Board of Natureopathic Examiners could not expand its practice scope alone; the health…
Could Wyoming's State Engineer be required during the May–September irrigation season to shut off junior upstream Wyoming irrigators so the Bureau of Reclamation could fill Pathfinder Reservoir?
No. Attorney General Patrick Crank concluded that neither the U.S. Supreme Court's modified decree in Nebraska v. Wyoming nor Wyoming water law required the State Engineer to honor a Bureau of…
How should a South Carolina school crime report an incident handled without an arrest?
The AG said the school crime incident report could be marked 'Handled by school' when the school handled the matter and no arrest was made. A qualifying incident still had to be reported to the…
Could a South Carolina magistrate dismiss a traffic citation just because it listed the wrong code section?
The AG said a magistrate should give the officer an opportunity to correct a wrong section number before trial when the offense was otherwise correctly described and the error was known. Dismissing…
Could a solicitor threaten a worthless-check warrant because someone failed to pay diversion program fees?
The AG said the solicitor's diversion fees were lawful but separate from the $30 service charge in the fraudulent-check statute. Failure to pay the diversion fees did not create the statute's…
Could a paid nonemployee agent represent a South Carolina business in civil magistrate court?
The AG said Section 33-1-103 should be read consistently with a South Carolina Supreme Court decision allowing a business to use a compensated nonlawyer agent in civil magistrate court. The statute…
Can a Texas county create an emergency services district and vote on its sales tax at the same election?
No, according to this 2004 opinion. Health and Safety Code chapter 776 requires the district to exist first and appoint its board before that board can call a separate election to adopt a sales and…
Did DCF have to notify a school when its employee abused a child outside that school?
The AG concluded that Connecticut's child welfare department had to notify and provide records to an employing superintendent after substantiating abuse by a covered school employee, even when the…
Did an architect’s insurer have to report a settlement even when the architect denied wrongdoing?
Yes. Under section 5588 as interpreted in 2004, a settlement or arbitration award over $5,000 involving alleged wrongful architectural conduct had to be reported. An admission or finding of fault…
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Two states are not listed and are not pending: New Hampshire publishes its opinions on a page that automated retrieval cannot read, and Rhode Island publishes no complete full-text archive at all. We will add them if that changes.