State AG Opinions
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When did Baker’s mayor need council approval for appointments, and who set individual salaries?
The AG said council concurrence was required for the appointments Baker’s charter specified. It also concluded the council could adjust group appropriations but not individual employee salaries…
Can a grandfathered felon employee keep working at a bail bond business after it's sold to a relative?
The Attorney General concluded yes. A 2001 law (Senate Bill 1119) barred bail bond businesses from employing anyone convicted of a felony or a moral-turpitude misdemeanor within the past ten years,…
Do the 2001 retirement benefit increases for Texas visiting judges apply to judges who already retired?
The Attorney General concluded no. In 2001 the Legislature added a 10 percent increase to the retirement annuity of certain judges who had recently served as visiting judges, codified at Government…
Can a Texas city police officer make traffic stops in the county under a mutual aid agreement?
The Attorney General concluded yes. Two parts of Local Government Code section 362.002 work independently. Subsection (a) lets one local government unilaterally send its officers to help another,…
Is Texas's law requiring country-of-origin labels on imported meat constitutional?
The Attorney General concluded the two halves of the imported-meat chapter fared differently. Subchapter A, which required wholesalers and retailers to label imported fresh meat with its country of…
Could Connecticut DEP officials refuse legislative testimony by invoking FOIA or pending agency cases?
FOIA did not let subpoenaed DEP officials refuse oral testimony. A privilege for an agency decision maker’s mental or deliberative process might apply to specific questions, but the AG could not…
Could one person serve on both Beaufort County’s transportation committee and South Carolina’s technical education board?
The 2002 informal AG opinion said no. It classified both positions as public offices exercising sovereign power, so holding them together would violate South Carolina’s constitutional dual-office rule.
Could California disclose summary timber-sales data derived from confidential tax reports?
Yes, if the Board’s staff released source-neutral statistical summaries that did not identify or make ascertainable particular transactions or parties.
Could Connecticut put state candidates on a party primary ballot by petition after a court injunction?
The AG said the secretary could not issue or accept petitions as a substitute route to Democratic or Republican state and district primary ballots. The court’s injunction did not establish a…
Why did the South Carolina AG rescind its earlier approval of the Chess Challenge video machine?
After agents seized and examined a Chess Challenge machine distributed for play, the 2002 AG found that chance, not player skill, determined its outcome. The office rescinded its April opinion and…
What guidance did the 2002 South Carolina AG give on storage fees for an impounded vehicle?
The AG said it knew of no state statute directly answering the request. It pointed to other towing and storage provisions using actual-cost and reasonableness standards, and said a local ordinance…
Could a South Carolina municipal court clerk also serve as a crime victim advocate, with the clerk’s office in a police building?
The 2002 AG saw no dual-office violation in the Westminster arrangement but advised against one person doing both jobs because it created at least an appearance of conflict. It knew of no…
Could an investigated Connecticut employee get the whistleblower complaint before any charges?
The AG said an investigated employee had no due-process right to the complaint or investigation files before discipline or charges. The agency could release a redacted version only if the…
Could South Carolina coroners use autopsy photos or videos in law-enforcement training under the 2002 confidentiality law?
The 2002 AG said the statute did not bar that narrow use when the training served law-enforcement purposes and the deceased person’s identity was in no way revealed or suggested. It did not approve…
Which general election would carry a Summerville referendum on Sunday alcohol permits under the 2002 law?
The 2002 AG said the referendum belonged at the next available state, county, or municipal general election in which Summerville’s registered voters could participate. It did not have to wait…
Who can call the Maine Legislature back into a special session, and how does the required polling of legislators work?
Only the President of the Senate and the Speaker of the House can issue the call, but only after polling all legislators and obtaining the consent of a majority of each political party's caucus. The…
Did a South Carolina day care center inside a city still have to meet State Fire Marshal standards for its state license?
The 2002 AG said yes. Although a city ordinance could displace conflicting Fire Marshal regulations in a general building-code dispute, statewide day care licensing rules adopted the Fire Marshal’s…
What handgun locking devices met Maryland's 2002 integrated safety requirement?
The AG said the required device had to be built into the handgun and designed to keep a child or other unauthorized user from readily firing it. The Handgun Roster Board was the agency to decide…
Could officers arrest someone attending a South Carolina court, and did the type of court matter?
The 2002 AG read the court-attendance protection as applying to any court, including travel to and from court, but recognized statutory exceptions for treason, a felony, or breach of the peace. It…
When the City of Jacksonville accepts a $2 million state grant from DENR to build wastewater collection facilities in an annexation area, must the City comply with NC's 10% minority business participation goal under § 143-128.2 even if a sewer system is not literally a 'building project'?
Yes, because of how the grant assurances work. The DENR grant required Jacksonville to assure compliance with § 143-128's MBE participation rules as a condition of accepting the money. Under §…
Could Connecticut’s treasurer exempt a tribal casino employer from Second Injury Fund assessments?
The AG found no binding exemption: the letters did not make a contract, and the treasurer lacked power to waive the statutory assessment. Federal law also barred Connecticut from forcing the tribal…
What if Baltimore voters approved two incompatible City Council charter amendments at once?
The AG agreed that two voter-approved City Council amendments that a court could not reconcile would both fail under the charter as it stood. It suggested that a voter-approved conflict rule or…
Did Connecticut have to approve Mohegan Sun’s cashless slot software before it went live?
The AG concluded that Connecticut gaming regulators had to review proposed technical standards for Mohegan Sun’s cashless slot wagering before implementation. The Tribal/State Compact did not…
Could a South Carolina county charge one $10 fee to file a tax lien and another $10 to satisfy it under the 2002 statute?
The 2002 AG said no. It read the statute as authorizing one $10 fee covering filing, enrolling, and satisfying the described tax lien or warrant, because the text did not clearly authorize separate…
Can a Maine governor cut school aid using an ability-to-pay formula rather than a flat percentage when revenues fall short?
The Maine AG concluded the governor had authority under 5 M.R.S.A. § 1668 to curtail General Purpose Aid using an ability-to-pay formula (85% property valuation, 15% income) rather than a uniform…
When an Oregon employer skips workers' comp insurance and an injured worker files a claim, who actually represents the agent that pays the claim, the contractor or the Oregon Department of Justice?
The AG concluded that the assigned claims agent may hire counsel of its choice, subject to authorization by the Attorney General as a special assistant attorney general. That counsel may represent…
When the State diverted some quarterly franchise-tax distributions from cities to cover a budget deficit in 2001-2002, did cities regain the right to levy their own local franchise taxes on electric power companies starting July 1, 2002?
No. § 105-116(e) bars municipal franchise taxes 'so long as there is a distribution to cities from the tax imposed by this section.' Cities received the September and December 2001 distributions…
Can Jackson County, NC use an ordinance to ban helicopter sightseeing operations or confine them to the public airport, when federal law extensively regulates aircraft altitude and flight routes?
No, for the most part. Federal aviation law preempts most county-level efforts to regulate flight altitudes and sightseeing routes. The U.S. Supreme Court's Burbank decision and the Second Circuit's…
Can a city officer working as a drainage-district peace officer write traffic tickets in the district?
The Attorney General concluded yes. Section 49.216 of the Water Code lets a water district contract for or employ its own peace officers, with power to make arrests for any offense against the laws…
Can a Texas county civil-service commission award back pay when it reverses an employee's discipline?
The Attorney General concluded yes. A county civil-service commission under chapter 158, subchapter A, and a sheriff's department civil-service commission under subchapter B, each have broad…
Can a Texas bail bondsman collect an attorney's legal fee from a bail bond client and pass it to the lawyer?
The Attorney General concluded no. Section 1704.252(9) of the Occupations Code lets a county bail bond board revoke or suspend a surety's license if the holder pays or divides fees with a person not…
Can the University of Texas charge students a mandatory infrastructure fee without new legislative authority?
The Attorney General concluded the answer turns on the fee's purpose. Section 55.16 of the Education Code lets a university board fix and collect charges from students for the occupancy, use, and…
Where in Texas do I file a UCC financing statement, with the county clerk or the Secretary of State?
The Attorney General concluded that after the 1999 revision of Business and Commerce Code chapter 9 took effect on July 1, 2001, a county clerk must accept financing statements that perfect security…
Can an unlicensed in-house engineer in Texas put 'Engineer' on a business card?
The Attorney General concluded no. Under the Texas Engineering Practice Act, only a licensed engineer may call himself or herself an 'engineer' or use that term as a professional or business…
Can a Texas county commissioners court reject or cut the presiding administrative judge's budget request?
The Attorney General concluded no. Under section 74.043 of the Government Code, the counties that make up one of Texas's nine administrative judicial regions must pay, out of their general funds,…
Can the Texas Public Finance Authority issue bonds for the Texas State Technical College System?
The Attorney General concluded no. Section 1232.101 of the Government Code, part of the Texas Public Finance Authority Act, gives the Authority 'exclusive' authority to issue bonds only for a…
How could a person with a Washington conviction regain firearm possession rights under the statutes examined in 2002?
The Attorney General concluded in 2002 that RCW 9.41.040 controlled loss and restoration of firearm rights; a general dismissal or vacation did not by itself suffice. Eligible offenders could use…
Could Simmesport hire a collection agency for unpaid town fines?
The AG said the town could contract with a licensed, bonded agency for eligible public debts after attempting written notice to the debtor. The statute excluded bench-warrant debts, parking fines,…
Could a Louisiana hospital district hire a private management firm without public bidding?
The AG said the district could negotiate a hospital management services contract without public bidding if the contract benefited the district and the required notice was published. It found no ban…
Could New Iberia pay health insurance premiums for its mayor and trustees when its charter did not provide for them?
The AG said no. New Iberia's special charter set the officials' compensation but did not authorize health insurance premiums, and ending unauthorized payments would not count as reducing…
Could Rapides Parish fund local events and a chamber marketing plan with public money?
The AG rejected simple donations to the YMCA or a private festival sponsor but identified conditional routes for needy-citizen programming and commercial advertising. Chamber marketing and a visitor…
Could Connecticut’s waste authority pay a former president’s legal fees for criminal investigations?
The AG concluded that CRRA could not enforce a separation-agreement clause requiring it to cover a former president’s legal fees and costs for possible criminal matters. The board and its bylaws…
Could a California registered nurse provide colon hydrotherapy independently at a client’s request?
No. The AG classified colon hydrotherapy as medical treatment and concluded that a registered nurse performing it in private practice at a client’s request, without a licensed physician’s direction,…
After Oregon voters passed Measure 3 in 2000 to stop forfeiture funds from going to law enforcement, can Oregon police still receive their share of federal forfeiture money and use it for police work?
The AG concluded that Article XV, section 10's law-enforcement-use prohibition applies only to property and proceeds from U.S. Department of Justice civil forfeitures (not USDOJ criminal…
Can a Maine governor reduce General Purpose Aid for schools without calling the Legislature into special session?
The Maine AG concluded the governor's reduction of General Purpose Aid did not exceed his legal authority under 5 M.R.S.A. § 1668 and that nothing in the statute or constitution required him to call…
Did San Diego corrections deputies have peace officer status while doing off-site ceremonial or investigative work?
No. The AG concluded that deputies assigned exclusively or initially to custodial duties did not have peace officer status while performing the described off-site community, Honor Guard, recruiting,…
Did Homer have to pay missed police retirement contributions after enrolling an eligible officer years late?
The AG said Homer was obligated to pay its employer share of past contributions because the officer's enrollment had been mandatory from hiring. It referred the town's Social Security payment…
Did Hessmer's mayor have to resign to run for district judge?
No. The AG concluded that the mayor, who also served as the village magistrate, did not have to resign those positions merely to seek election as an Avoyelles Parish district judge.
Who could remove signs posted illegally on Jefferson Parish public property?
Under the ordinance reviewed in 2002, the AG said that the parish's inspections and code enforcement department and its parkways department were the entities authorized to remove those signs. Other…
When could a South Carolina municipal judge impose a restraining order in a criminal case?
The 2002 AG said a municipal court had no civil jurisdiction to issue a free-standing restraining order. It could place reasonable restraints on a criminal defendant as a bond condition or a…
Does the federal National Securities Markets Improvement Act of 1996 preempt Idaho's requirement that insurance holding companies obtain a solicitation permit before marketing exempt private offerings of federally covered securities to Idaho investors?
The AG concluded NSMIA preempts the Idaho solicitation-permit requirement for insurance holding companies offering federally covered securities under Rule 506 of Regulation D. Section 18(a) of NSMIA…
Is a Texas constable without a permanent peace officer license still a peace officer?
The Attorney General concluded yes. Article 2.12(2) of the Code of Criminal Procedure lists 'constables, deputy constables, and those reserve deputy constables who hold a permanent peace officer…
Can a Texas county make contractors disclose their business ties to county officials?
The Attorney General concluded yes. Neither the County Purchasing Act (chapter 262 of the Local Government Code) nor the Professional Services Procurement Act expressly says a county may require…
Can an out-of-state student living in a hotel or dorm in Texas use that address to get a Texas commercial driver's license?
The Attorney General concluded yes, in particular cases. The Transportation Code lets the Department of Public Safety issue a commercial driver's license only to a person who has a domicile in…
Can Texas put a newly created county office on the ballot for less than four years to keep its staggered election schedule?
The Attorney General concluded no as to the term length but yes as to the schedule. A 1999 amendment deleted the staggered-term language from article XVI, section 65 of the Texas Constitution, but…
Could Connecticut legislative committees veto a social services federal-waiver application?
The AG concluded that legislative committees’ review of a social-services federal waiver was advisory under the statute then in force. They could not block or compel changes to an application; the…
Could new Connecticut human rights commissioners serve before legislative confirmation?
The AG found the governor’s and House speaker’s vacancy appointments valid and effective while the legislature was out of regular session. The governor’s appointee and the speaker’s later full-term…
Could a South Carolina public service district deduct voluntary association dues from its employees’ paychecks?
The 2002 AG said the St. Andrews Public Service District lacked statutory authority for those deductions, even when employees requested them. The provisions discussed in the letter concerned state…
Do Georgia payday lenders need an Industrial Loan Act license, even when they dress up the cash advance as something else like a catalog coupon sale or a purchase-and-leaseback transaction?
Yes. The Georgia AG concluded that payday loans of $3,000 or less fall within the Industrial Loan Act and require a license unless the lender is exempt under O.C.G.A. § 7-3-6. Tokens like catalog…
Did Louisiana's firefighter heart-lung presumption automatically qualify a firefighter for disability retirement?
No. The AG said disability retirement could fall within the statute's broad 'rights and benefits' language when available for an occupational disease, but retirement applicants still had to meet the…
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