State AG Opinions
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Could Baltimore City's legislative delegation take back its approval of a city borrowing plan once it had already voted to approve it?
In this 1983 opinion, the Maryland Attorney General concluded that the Baltimore City Delegation to the General Assembly could rescind its approval of a proposed city debt or credit measure any time b…
Can a Maryland small business recover its attorneys' fees if a state agency sues it or files a complaint against it without a good reason?
In this 1983 opinion, the Maryland Attorney General concluded that under the Small Businesses Litigation Expenses Act, a small business (including a sole proprietorship, but not a nonprofit) that prev…
Could a Maryland retailer switch an existing revolving credit account to the new, less-regulated 1983 credit law just by giving customers notice?
In this 1983 opinion, the Maryland Attorney General concluded that a retailer could convert an existing open-end account governed by the Retail Credit Accounts Law into a new, less restrictive Subtitl…
If a North Carolina truck has four axles total but only three of them are touching the road (one lift axle is raised), does it count as a four-axle truck for the higher gross-weight limit, or as a three-axle truck capped at 47,500 pounds?
Three. The 1983 AG concluded that the legislative intent behind G.S. 20-118 was that the higher four-axle weight limit (64,000 pounds) applies only when the axles are actually load-bearing. A truck wi…
When can a North Carolina National Guard member start drawing the state pension under G.S. 127A-40, and which kinds of separation, federal-technician status, or other federal-pension status disqualify the member?
Only after separation. The 1983 AG concluded that the G.S. 127A-40 pension is payable only after the member meets the age and service requirements AND has been honorably discharged and separated from …
Could a Texas school district deposit student-organization activity funds in a credit union instead of its school depository bank?
Yes, for the activity funds described in JM-42. Because no identified statute or administrative rule required those custodial funds to be placed in the school depository, the district could deposit th…
Did Pacifica Foundation's KPFT radio station qualify for a Texas property-tax exemption as a charity or community service club?
No, based on the facts submitted. JM-41 concluded that Pacifica Foundation did not meet the Tax Code's requirements for either a charitable-organization exemption or a community-service-club exemption…
Did Maryland charge sales tax on prescription pet food and flea and tick products sold by veterinarians?
In this 1983 opinion, the Maryland Attorney General concluded that prescription diet foods and flea and tick powders and sprays for dogs and cats, whether sold by a veterinarian to a pet owner or purc…
In North Carolina, can a county board of commissioners get around the two-consecutive-term limit on county social services board members by appointing each of two sitting members to serve the 'unexpired term' of the other?
No. The 1983 AG concluded that the swap maneuver does not work. G.S. 108A-6 allows a vacancy-fill appointment to not count as a term, but a swap between two sitting members does not produce any vacanc…
Can a Texas chief appraiser cap a residence homestead exemption at fewer than 20 acres?
No. JM-40 concluded the chief appraiser has no discretion to set a minimum or maximum acreage. The exemption must cover any amount of land up to 20 acres that is used in the residential occupancy of t…
Could Travis County district judges count the tax assessor-collector's car allowance when setting the county auditor's salary?
No. JM-39 concluded a car allowance is an expense reimbursement, not compensation, so it could not be counted in the salary cap for the auditor. A valid salary order also stayed effective even though …
Can a Texas community mental health center let employees pay union dues through payroll deduction?
Yes, but it is not required to. JM-38 found the MHMR center is not a 'state governmental body' barred from making deductions, and it has permissive authority to offer union-dues payroll deductions if …
South Dakota statutes require bid bonds for 'public improvements' and certified checks for county building construction. They do not address materials, supplies, and equipment purchases. Can counties still require bid bonds or certified/cashier's checks for those general purchases, and if so, in what amounts and what forms?
Yes, counties have implied authority to require bid bonds, certified checks, or cashier's checks for purchases of materials, supplies, and equipment even though no statute expressly requires it. The a…
In 1983 South Dakota, when a school district crossed county lines and property in one county had been pushed to a higher adjusted taxable value than adjacent property in the lead county, could the county commission of the higher-valued side lower the taxable percentage to bring the values back together?
Yes, when the gap was more than 5%. Chapter 73 of the 1983 Laws let the county commission of the overlapped county reduce the taxable percentage applied to property in the joint district so that the a…
Could a Maryland county school board require school buses to meet safety specifications stricter than the state's minimum standards?
In this 1983 opinion, the Maryland Attorney General concluded that a county board of education, acting as a purchaser of school bus transportation services rather than as a regulator, could include co…
Are oral history interviews collected by a Texas public university open to the public under the Open Records Act?
Generally yes. JM-37 concluded oral history interviews acquired by a state university as part of its official activities are public information, though specific exceptions could shield portions, or in…
Did Maryland courts have the power to award joint custody of children in a divorce before the legislature passed a specific joint-custody law?
In this 1983 opinion, the Maryland Attorney General concluded that Maryland's equity courts already had inherent power, without any specific statute, to award joint or "shared" custody of children in …
Can the public get student evaluations of Texas university faculty used for tenure and pay decisions?
Usually not as to the students. JM-36 concluded student evaluations of faculty may be withheld under section 3(a)(14) of the Open Records Act if they identify individual students, and sometimes under …
Does a Texas junior college district have to help pay for the county appraisal district?
Yes. JM-35 concluded that Blinn College, as a taxing unit, must contribute to the county appraisal district's costs under section 6.06 of the Tax Code and pay for appraisal services performed after Ja…
What did prosecutors have to prove before a Maryland court would admit a DUI blood or breath alcohol test result?
In this 1983 opinion, the Maryland Attorney General concluded that the State had to introduce evidence that a blood or breath alcohol test was administered by a qualified person, that the equipment an…
Can an indigent Medicaid crime victim get money from Maryland's Criminal Injuries Compensation fund to cover unpaid hospital bills they never actually owe?
In this 1983 opinion, the Maryland Attorney General concluded that an indigent Medicaid recipient injured by a crime was not eligible for a Criminal Injuries Compensation award covering the balance of…
Could a Maryland county force its school board to forfeit unspent school construction money after three years, under a county charter rule?
In this 1983 opinion, the Maryland Attorney General concluded that a Harford County Charter provision requiring capital project appropriations to be treated as abandoned after three fiscal years witho…
Could a Maryland state agency stop a handicapped employee, such as one with epilepsy or alcoholism, from driving on the job even though the state hadn't revoked their driver's license?
In this 1983 opinion, the Maryland Attorney General concluded that a state agency's antidiscrimination obligations did not require it to permit an employee with epilepsy or alcoholism to drive on stat…
Can the president of a North Carolina telephone membership corporation also serve as a member of the state Rural Electrification Authority, or does that combination violate the state's dual-office-holding rule or its conflict-of-interest statute?
Yes, both seats. The 1983 AG concluded that simultaneously serving as president of a telephone membership corporation's board and as a member of the Rural Electrification Authority is not prohibited d…
If a retired Texas judge is elected to the bench again, does he keep drawing his judicial retirement annuity?
No. JM-34 concluded the annuity is suspended while a former retiree holds a covered judicial office, he must again contribute to the system, and on later retirement his benefits are recomputed as if t…
Can a Texas law require appointments to a state commission to consider race, sex, religion, or national origin?
No, not as to those categories. JM-33 concluded a directive to weigh race, creed, sex, religion, or national origin in appointments to the State Library and Archives Commission was unconstitutional, b…
Can a Texas legislator take a part-time teaching job at a state university if private donated funds pay the salary?
Only as an unpaid volunteer. JM-32 concluded a House member may volunteer as a part-time instructor without violating the constitution's bar on holding another position of profit; it did not approve a…
If a North Carolina professional house mover's $350,000 comprehensive general liability policy carries a rider excluding the act of moving a building, does the policy still satisfy the licensing requirements of G.S. 20-359.1?
No. The 1983 AG concluded that a CGL policy whose rider excludes liability arising during the movement of a building or structure fails to meet G.S. 20-359.1's licensing requirement. The exclusion gut…
On appeal of a driver's license probation-violation finding, can a Texas county court re-try whether the driver was a habitual traffic violator?
No. JM-31 concluded the trial de novo on a probation-violation appeal is limited to whether a probation condition was violated. The earlier findings that the driver was a habitual violator and that hi…
Could Texas fund telephone devices for the deaf through a surcharge on everyone's phone bills?
No, as drafted. JM-30 concluded House Bill 1002 was an unconstitutional grant of public money to individuals under article III, section 51 and article XVI, section 6 of the Texas Constitution.
Can a Texas city council choose a bank as its depository when most council members own stock in that bank?
No. JM-29 concluded a general law city council cannot enter a depository contract with a bank when a majority of council members are stockholders, because article 2529c bars stockholder-members from v…
Could a newly elected Maryland county treasurer fire the office employees hired by the previous treasurer?
In this 1983 opinion, the Maryland Attorney General concluded that a newly elected Cecil County Treasurer, as the statutory "appointing authority," generally had the power to dismiss employees appoint…
Does the Maryland Port Administration have to go through formal rulemaking before it can raise its tariff of charges at marine terminals?
In this 1983 opinion, the Maryland Attorney General concluded that a Maryland Port Administration tariff for marine terminal services was not a "rule" under the state Administrative Procedure Act, bec…
Did Maryland prosecutors have to prove a driver was actually driving unsafely to convict them of DUI, or was proof of intoxication itself enough?
In this 1983 opinion, the Maryland Attorney General concluded that proof of unsafe vehicle operation was not a required element of driving while intoxicated or driving while under the influence of alc…
Could Maryland's health department require asbestos removal contractors to meet an indoor air cleanliness standard in 1983?
In this 1983 opinion, the Maryland Attorney General concluded that the Department of Health and Mental Hygiene had statutory authority, under both the State Air Quality Act and the asbestos removal li…
Can the Texas Public Utility Counsel represent itself in court, and can the Attorney General represent it against the Public Utility Commission?
The public utility counsel may appear in court only if the Attorney General certifies he cannot represent it and permits it under his supervision. And the legislature may authorize the Attorney Genera…
After Travis County changed its fiscal year, how much of the 1983 pay raise could county officials actually get?
Only a pro-rata share. JM-27 concluded the raises were not invalid, but because the county moved its fiscal year, officials were entitled during the new fiscal year to only a pro-rata part of the 1983…
Can Texas require county treasurers to take continuing education and remove them for not completing it?
Yes. JM-26 concluded the legislature may require elected county treasurers to complete an annual course of instruction and may authorize their removal for failing to do so, consistent with article V, …
Can the Texas Legislature name who fills a new district judgeship it creates, and strip a district attorney of authority in one county?
No to naming the judge. JM-25 concluded a vacancy in a district judgeship must be filled by the governor's appointment, and the legislature cannot designate the person. But the legislature may divest …
Can the Southwest Collegiate Institute for the Deaf get state appropriations without the funding restrictions that bind public junior colleges?
Yes. JM-24 concluded the institute is not a 'public junior college,' so the section 130.003 restrictions do not apply. It may receive state appropriations and gifts as long as its board runs it in com…
When a sheriff's drug raid seizes cash that nobody at the scene will claim, and the cash never gets used as evidence at trial, who eventually gets the money — the county school board, or the state escheat fund?
The county school board. The AG concluded that NC's specific statute on law-enforcement-seized property (Article 2 of Chapter 15) controls over the general escheat statute (G.S. § 116B-19), even thoug…
Did Maryland police have to tell a drunk driving suspect every possible consequence of refusing a breath test, or just the basic penalty?
In this 1983 opinion, the Maryland Attorney General concluded that the standard police advice form, DR-15, which told a detained driver only that refusing a chemical alcohol test would result in a lic…
Could a small Maryland town invest its surplus municipal funds in a money market account?
In this 1983 opinion, the Maryland Attorney General concluded that a town could invest its public funds only in the specific vehicles Article 95, §22 of the Maryland Code authorized: certain federal g…
Could a Maryland circuit court clerk who lost re-election still get paid for the days they legally had to stay in office until their successor took over?
In this 1983 opinion, the Maryland Attorney General concluded that Article III, §35 of the Maryland Constitution, which bars extra or increased compensation for public officers, did not prevent a Cler…
When a North Carolina precious-metals dealer is required to hold a purchased item for five days before sale or melting under G.S. § 66-170, exactly how do you count those five days, and does the count include or exclude weekends and holidays?
The five-day hold is counted under Rule 6(a) of the Rules of Civil Procedure. You exclude the day of purchase, exclude intermediate Saturdays, Sundays, and legal holidays (because the period is under …
Would suspending a driver's license before a hearing, for refusing or failing an alcohol test, have violated due process under two bills the Maryland legislature was considering in 1983?
In this 1983 opinion, the Maryland Attorney General concluded that two then-pending bills authorizing administrative suspension of a driver's license, before a hearing, for refusing a chemical alcohol…
Can Maryland insurance companies charge women different rates than men, or does the state Equal Rights Amendment forbid that?
In this 1983 opinion, the Maryland Attorney General concluded that Maryland's Equal Rights Amendment applies only to sex discrimination by the State itself, or by private parties whose conduct is so t…
When can DC parking enforcement officers (not police) write tickets, and what kinds of violations can they ticket?
DC Department of Transportation enforcement officers can ticket only parking-style infractions, defined as violations of laws regulating the parking, stopping, or standing of a vehicle. They can issue…
Did a Maryland judicial candidate's five years of state residency have to be the five years right before their election or appointment?
In this 1983 opinion, the Maryland Attorney General concluded that the Maryland Constitution's five-year State residency requirement for judges could be satisfied by any continuous five-year period of…
Could a Maryland county require landlords, instead of the county itself, to store an evicted tenant's belongings?
In this 1983 opinion, the Maryland Attorney General concluded that a charter county's home rule and police powers authorized it to enact an ordinance requiring a landlord to store, and eventually sell…
Could a Maryland court fix an error in a condominium's declaration or plat, like a wrong percentage share of common expenses, without every owner's consent?
In this 1983 opinion, the Maryland Attorney General concluded it was uncertain whether existing equity law let a court correct errors in a condominium declaration or plat, such as a miscalculated unit…
When residents petitioned to annex their neighborhood into a Maryland town, did they have to pay for the official metes and bounds survey?
In this 1983 opinion, the Maryland Attorney General concluded that residents petitioning to annex their area to a municipality had to provide only a reasonably definite description of the area, not a …
If Maryland waives its sovereign immunity and loses a contract lawsuit, can the legislature still refuse to pay by cutting the judgment out of the budget?
In this 1983 opinion, the Maryland Attorney General concluded that although state law let courts enter contract judgments against Maryland and required the Governor to include funds for those judgment…
Does DC's no-fault auto insurance law apply to cars owned by foreign diplomats, the DC government, WMATA, or the federal government?
Yes for all four. Each must show insurance or self-insurance to register their vehicles in DC. But for WMATA and the federal government, DC cannot demand more than a statement that they are self-insur…
Can a state legislature take back a petition asking Congress to call a constitutional convention, once it has already sent it?
In this 1983 opinion, the Maryland Attorney General concluded that the General Assembly could constitutionally withdraw its 1975 petition asking Congress to call a constitutional convention on a balan…
Did every officer of a corporation applying for a Maryland liquor license need to personally own stock in the company?
In this 1983 opinion, the Maryland Attorney General concluded that the individual officers who apply for an alcoholic beverages license on behalf of a corporation or club do not need to personally own…
Could a criminal defendant in Maryland claim personal ownership of the trial transcript held by the Public Defender's office?
In this 1983 opinion, the Maryland Attorney General concluded that a trial transcript in the custody of the Public Defender was a public record under the Maryland Public Information Act, not the priva…
Can Maryland pass a law letting people picket, petition, or hand out flyers inside private shopping malls?
In this 1983 opinion, the Maryland Attorney General concluded that although the First Amendment itself does not give individuals a right to picket or petition on privately owned shopping center proper…
Can Maryland's legislature let federal block grant money bypass the state treasury and the normal budget process?
In this 1983 opinion, the Maryland Attorney General concluded that federal block grant funds received by the State are "moneys of the State" under the Maryland Constitution, so they must be deposited …
Could a married Maryland woman get a driver's license back in her maiden name without going to court, even after being licensed under her husband's name?
In this 1983 opinion, the Maryland Attorney General concluded that a married woman who had adopted her husband's surname could later obtain a Maryland driver's license in her former name without a cou…
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