State AG Opinions
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Did a South Carolina bail bondsman need a court hearing to get off a bond after surrendering a defendant?
The AG said the surety had to file a motion and the court had to schedule a hearing before relief from the bond. In the specified urgent circumstances, the surety could first take the defendant to…
Could a retired officer qualify to run for South Carolina sheriff, and could a process-serving constable use a blue light?
The AG said a retired former certified officer could meet the sheriff experience requirement if otherwise qualified; service certified only in another state did not meet it. It also repeated a prior…
Could South Carolina pharmacists perform cholesterol tests under the law reviewed in 2004?
The Attorney General doubted that state pharmacy law then authorized pharmacists to administer cholesterol tests and thought a court would more likely treat the testing as the practice of medicine.…
Could Louisiana's Public Service Commission withhold letters exchanged with the Legislative Auditor during an audit?
Generally no. The AG said the Auditor's custody-based records exemption did not automatically shield the Commission's own copies of audit correspondence. He treated the draft audit report and the…
Could a South Carolina Transport Police officer teach a technical college driving course under contract in 2004?
Yes, as to the constitutional dual office holding rule reviewed by the AG. The teaching contract was not a second public office; the opinion separately told the officer to check Department of Public…
Can a zoning board of adjustment refuse to let ordinary citizens speak at a quasi-judicial hearing but let one citizen argue as a party representative?
Mixed, under the law as it stood in 2004. The AG found Rehoboth Beach's Board of Adjustment could lawfully limit its quasi-judicial hearing to legal argument from the parties, but violated FOIA once…
Can a city call an emergency meeting to impose a rental permit moratorium right after a court strikes down its housing ordinance?
Mostly yes, under the law as it stood in 2003. The AG found the City of Newark had genuine exigent circumstances to call a next-day special meeting after a Chancery Court ruling struck down its…
Could a Louisiana community development district use bonds to buy roads that would be gated against the general public?
The AG concluded that the district could not use its bonds to acquire roads as public infrastructure if the public entity would control access to those public roads. Public roads had to remain…
Could Kenner apply Louisiana's homestead exemption to its municipal property tax?
No. The AG concluded that the Louisiana Constitution barred the exemption for municipal property taxes and that the Legislative Auditor should not certify Kenner's taxes with the exemption applied.
Could a Charleston County parks commissioner also direct the county elections board in 2004?
The AG said the two roles did not create a dual office holding problem unless the elections director was deputized to take voter applications and issue registration certificates. It saw no conflict…
Did Louisiana's sex offender registration law apply to people convicted before it was enacted?
Yes. The AG concluded that the registration requirements in effect in January 2004 applied to sex offenders convicted before the law was enacted. It relied on the Louisiana Supreme Court's ruling…
Who had final say over what appeared on the Town of Iowa council meeting agenda?
The AG said the mayor had final authority to review and change the council meeting agenda, including deciding which items appeared on it. The opinion relied on the mayor's statutory administrative powers.
Could a hospital district commissioner collect meeting per diem for work done during a month without attending the meeting?
No. The AG read Louisiana's hospital district statute as allowing per diem for attendance at commission meetings, not for district work outside a meeting. A commissioner who missed the monthly…
Who was responsible for fire protection after part of Acadia Parish Fire District No. 7 was annexed into Duson?
The AG concluded that the Town of Duson, rather than Fire District No. 7, was responsible for the annexed area because Duson had not agreed to include its municipal territory in the district.
When Maine's Legislature gets an initiated bill, can it call a special election sooner than the next general election, and can a two-thirds majority be required for any companion measure?
AG Rowe attached two earlier authorities: AG Opinion 86-8 (April 9, 1986) said the Legislature may by joint order require a special election sooner than the general election on an initiated bill,…
Could a nonprofit run a paid poker tournament with prizes in South Carolina in 2004?
The AG concluded that the proposed tournament would violate South Carolina gambling law. It viewed poker as most likely a game of chance and said nonprofit sponsorship and a full payout to players…
Could Kentucky retroactively stop retirees from collecting a pension while working again?
The Attorney General concluded that Kentucky could not retroactively end the pension treatment available to retirement-system members who had already been reemployed under the “double dipping”…
Did an earlier conviction or a later traffic offense block expungement under South Carolina’s 2004 rules?
The AG said an earlier general sessions conviction did not by itself bar expunging a later first magistrate-court conviction if the required conviction-free period followed. A prior motor-vehicle…
Did South Carolina’s 2004 accident statute require a driver to report damage to property beside a highway?
The AG said the cited statute applied if the damaged item was a fixture legally on or adjacent to the highway. Whether a garden, porch, or swing qualified depended on its attachment to the land and…
Could a Thibodaux council member also serve as full-time Lafourche Parish administrator?
No. The AG concluded that an elected Thibodaux council member could not also hold the full-time appointive office of Lafourche Parish administrator and would have to decline one position.
Could the Abbeville legislative delegation choose members of the Donalds-Due West Water Authority board in 2004?
The AG did not say the delegation already had that power. It said there were good arguments that the authority was a multi-county body and that the General Assembly could amend its enabling law to…
Could Laurens County limit planning commission seats by residence and require a vote before later zoning action?
The AG thought the county could set the proposed residence qualifications for planning commissioners. It concluded that the ordinance could not bind a future county council to hold an advisory…
Could a Chesapeake College trustee remain in office after a four-year term ended?
Yes under the 2004 law. The AG concluded that a Chesapeake College trustee whose four-year term had expired continued serving until a successor was appointed and qualified.
South Dakota conservation officers (the GF&P uniformed wildlife law enforcement officers) routinely walk onto private farms and ranches to check licenses and look for game violations, without first getting a warrant and without the landowner's permission. Is that constitutional? Is it criminal trespass? The GF&P Secretary wanted a definitive answer.
Constitutional, and not trespass. The 2004 AG ruled that conservation officers may enter privately owned open fields without probable cause, reasonable suspicion, consent, or a search warrant in the…
Could a federal postal employee serve on Natchitoches' city council?
No. The AG concluded that a federal postal employee could not serve on the Natchitoches council under the dual-officeholding law. An exception for postal employees elected in villages or towns with…
Could West Feliciana Parish use its health and social services tax for garbage collection?
No. The AG concluded that the voter-approved tax for public health facilities and other social services did not cover solid-waste collection or disposal. The parish could ask voters to rededicate…
Could Idaho allow video lottery terminals at selected horse-racing facilities without violating its gambling and local-law restrictions?
The AG predicted a court would likely treat the proposed terminals as prohibited slot machines. He also warned that limiting eligible facilities to seven counties would likely make the proposal a…
Could South Carolina DNR use the Water Recreational Resources Fund to buy watercraft in 2004?
No. The AG concluded that the fund could be used to acquire, create, or improve qualifying public waters, but the statute did not authorize buying watercraft. County delegations could recommend…
Were donations for a Colorado elected official’s public service campaign contributions?
The 2004 attorney general opinion said no when the money or property was given solely to support public service or defray the cost of holding office. It said those gifts instead fell under annual…
After the 2000 Census added portions of eight new counties to the Atlanta Urbanized Area, can a county like Walton County participate in the Atlanta Regional Commission as the federal Metropolitan Planning Organization while remaining a member of its existing Regional Development Center (the Northeast Georgia RDC)?
Yes. The Attorney General concluded that a county or municipality can hold limited membership in the ARC as the federal MPO for the urbanized portion of the county while keeping its full RDC…
Could a South Carolina county withhold a tax receipt after taxes were paid but demolition costs remained unpaid?
The AG expressed substantial doubt that a treasurer could withhold a receipt once the taxes were paid, because a demolition charge was a lien collectible like taxes but was not itself a tax. The…
Could Bluffton submit the same annexation petition again after a council motion died for lack of a second?
Yes. The AG said the petition could be presented a second time because the first motion died for lack of a second. The statute did not expressly address resubmission, and the opinion relied on…
Which election call should Louisiana's Secretary of State process when Kenner officials sent conflicting proclamations?
The AG said the Secretary of State should process the first election-call document received unless it was invalid on its face. For Kenner's mayoral vacancy, it treated the December 22, 2003…
Did a South Carolina concurrent resolution itself grant state recognition to Indian tribes named in it?
No. The AG said the resolution asked the federal Bureau of Indian Affairs to recognize the named tribes and organizations, but it did not have the force of law or grant state recognition. Proposed…
Could public workers and materials build a fence between private parcels to stop vehicle intrusion?
The AG advised against using public resources for the described fence and said the project would likely violate the public-purpose rule. The fence primarily protected private land, with only an…
Did a South Carolina Migratory Waterfowl Committee appointment count as a public office after the committee joined DNR?
Yes, for an appointed member. The AG said the committee's transfer into DNR did not change that status for the constitutional dual-office rule; it distinguished members serving ex officio.
Were lay pastors, deacons and elders automatically clergy under South Carolina's child abuse reporting law?
Generally no, the AG said, but a person's denomination and actual religious role could make the answer different in a particular case. The opinion also said a person outside the mandatory clergy…
When did South Carolina's procurement code apply to a school district's construction project in 2004?
The AG's short letter gave a threshold, not a direct ruling on the proposed design-bid-build project: the code applied to districts with annual expenditures of $75 million including debt service,…
Could a full-time Catahoula Parish school employee also work as Sicily Island's juvenile officer?
Yes, on the AG's assumption that the juvenile-officer job was part time. The cited dual-employment rule barred two full-time public positions, while the combination described had only one.
Could a South Carolina county jail refuse a prisoner sent by a municipal court because the city and county disputed jail costs?
No. The AG said county jail officials could not refuse a prisoner committed by a municipal court order unless that order was changed or superseded. City and county should resolve who pays for…
Could a South Carolina officer use a uniform traffic ticket for an offense that was not a traffic violation?
Yes, in the circumstances the AG described. The 2004 opinion said the ticket could be used for an offense committed in the officer's presence when its punishment fell within magistrate or municipal…
Are inmates and youth offenders working in Oregon city, county, and state correctional programs covered by Oregon OSHA?
It depends. The 2004 AG opinion concluded that adult jail inmates were covered by OR-OSHA only if the city or county had elected workers'-compensation coverage for them under ORS 656.041(2). Without…
Could a Washington advanced registered nurse practitioner prescribe abortion medication without physician supervision under the law considered in 2004?
The Attorney General concluded in 2004 that an advanced registered nurse practitioner acting within their professional license could prescribe or furnish a lawful abortion-inducing drug without…
Could a live-in domestic worker invite visitors into an employer's home when the employer was a foreign diplomat?
In 2004 the AG said a live-in worker's tenancy depended on whether the employment arrangement gave the worker exclusive control of the occupied space. Without tenancy, the worker lacked a tenant's…
Could a Maryland orthopedic group send its own patients for MRI or CT scans on machines it owned?
No under the Maryland law the AG examined in 2004. An orthopedic or other non-radiology group could not refer its own patients for MRI or CT tests on machines it owned, even if a radiologist in the…
What could a South Carolina municipal court do when someone failed pretrial intervention and could not be reached?
The AG said the solicitor could resume the pending prosecution after a program violation. For an unreachable defendant, the court should ask the solicitor how to proceed; the opinion described a…
Could a South Carolina clerk's office process server put a flashing blue light on his vehicle?
No, on the duties described. The AG said the vehicle had to be used primarily for law enforcement, meaning a majority of the time; serving court papers with only occasional arrests did not meet that…
Could the Mohegan race book use wireless betting terminals under its compact?
The AG concluded that two wireless wagering devices could be used inside the Mohegan Sun Race Book without violating the compact's telephone-betting moratorium. The devices could not be authorized…
Does New York's 2004 MTBE gasoline ban prohibit shipping MTBE-blended gasoline through the state in transit?
No. The 2004 MTBE ban prohibits importing, selling, dispensing, or offering for sale MTBE-blended gasoline in New York. The AG read 'import' in its ordinary sense: to bring in for use. Gasoline that…
Were Washington county prosecutor campaigns subject to state or county contribution limits?
Under the 2003 law, state campaign disclosure rules applied, but the state contribution caps for specified state offices did not. A charter county could impose its own consistent campaign limits on…
Could a school district use voter-approved bond money for a facility different from the one voters understood the ballot to fund?
The AG said a materially misleading school-bond referendum could raise a serious legal issue, but only a court could decide the facts and whether the spending matched the authorized purpose. The…
Can a New York town set up its own administrative tribunal or hire a hearing officer to handle building code violations?
No. Building code violations are state-law offenses that fall in the trial jurisdiction of local criminal courts. A town cannot create an administrative tribunal to decide them, and cannot hire its…
Could a South Carolina deputy sheriff also serve as a volunteer fire district commissioner?
No, for the fire district board described. The AG said both deputy sheriff and Holly Springs Volunteer Fire District commissioner were public offices, so holding them together violated the state…
Could a Louisiana sheriff seek bids for jail prescription drugs priced at each vendor's acquisition cost plus a margin?
No. The AG said the advertised acquisition-cost method was prohibited cost-plus bidding and should be canceled and rebid. It approved bids using a recognized drug price index, with competition on…
When does federal HIPAA privacy law override Maryland's medical records confidentiality law?
Rarely, according to the opinion. HIPAA only overrides Maryland's medical records law where the two truly conflict, and Maryland's law survives preemption whenever it is at least as protective of…
Was a nonprofit's affordable housing project for people with disabilities exempt from South Carolina development impact fees?
The AG said Fort Mill Housing Services' proposed fourteen-unit project should qualify for the impact-fee exemption if the required share of system improvements was funded from another source. Its…
Could a South Carolina town adopt juvenile curfews and drug-loitering rules without violating constitutional limits?
The AG viewed Saluda's proposed juvenile curfews as probably constitutional, but said the proposed drug-loitering ban was probably overbroad. It also regarded a separate loitering rule tied to…
Could a South Carolina town add nuisance cleanup costs to a property owner's municipal tax notice?
Yes. The AG said a town could collect authorized property-cleanup costs like municipal taxes, including by placing them on the town's tax notice. The statute also allowed the costs to become a lien…
Could Louisiana's unclaimed-property administrator hire an attorney for a share of recovered property?
Yes. The AG said the unclaimed-property statute expressly allowed a percentage-based attorney fee for enforcement actions, subject to the approvals described in the opinion; the fee could not reduce…
Could Washington cities and counties offer telecommunications service to residents?
In 2003, the AG said first class and code cities and charter counties had home rule authority to offer service unless a specific law barred it. Other cities, towns, and noncharter counties lacked…
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