State AG Opinions
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Would a one-year Connecticut ban on building power lines across Long Island Sound take an approved cable permit?
The AG concluded that a proposed one-year Long Island Sound construction moratorium would be constitutional for projects already holding permits. He reasoned that the state owned relevant submerged…
Did a South Carolina care-facility floor restriction violate fair housing laws for disabled residents?
The AG predicted a reviewing court would most likely uphold the rule keeping residents who need help to exit on the floor of exit discharge. He reasoned that the rule addressed actual evacuation…
Was South Carolina’s nonprofit religious-bookstore sales tax exemption unconstitutional?
The AG predicted that a court would uphold the 2002 sales-tax exemption for qualifying nonprofit organizations, including nonprofit sellers of religious materials, against the stated…
What could Montpelier's elected police chief decide about salary, sheriff mutual aid, police vehicles, staffing, and legal fees?
The AG said the town could not cut the chief's compensation during his term; mutual aid was limited to emergencies or special events; and the chief had operational authority over police vehicles,…
Who controlled police services at Rentschler Field and Adriaen’s Landing in 2002?
The AG concluded that Connecticut’s policy and management secretary had authority to arrange police and security services at Rentschler Field, while consulting East Hartford and reimbursing…
Can a Texas school district ban corporal punishment and set its own rules for physically restraining students?
Generally yes. The Attorney General concluded that a policy prohibiting corporal punishment and spelling out when staff may physically restrain a student fell within a Texas school district's…
Can the same person be a county treasurer and a school board trustee in Texas at the same time?
Yes. The Attorney General concluded that one person could hold both offices at once. Article XVI, section 40 of the Texas Constitution bars holding two civil 'offices of emolument' (paid offices) at…
Can the Texas Commission for the Blind sign federal vending-facility contracts that put state money at risk?
Yes, on the terms the opinion described. The Texas Commission for the Blind contracts with the federal government under the Randolph-Sheppard Act to run vending facilities (including military…
Can a Texas city's economic-development sales tax pay for a road to undeveloped commercial property?
It can, if the road promotes business development. Lake Jackson voters approved a half-cent 4B sales tax under the Development Corporation Act of 1979 to fund infrastructure for new or expanded…
Does the Office of State Personnel's career banding project, which regroups job classifications into bands with associated salary ranges for State Personnel Commission positions, require formal APA rulemaking before implementation?
No. § 150B-2(8a)(i) excludes 'job classification standards, job qualifications, and salaries established for positions under the jurisdiction of the State Personnel Commission' from the APA…
Were associations of Washington counties, cities, and ports subject to the public records provisions considered in 2002?
The Attorney General concluded in 2002 that the named associations were not agencies under the statute’s definition, but could be functional equivalents of agencies for public records purposes. It…
Could Easton give a town human relations commission subpoena power by ordinance?
Yes. The AG said Easton's municipal police power allowed it to establish a local human relations commission and, by necessary implication, give it subpoena power needed for assigned investigations…
Could Cypress Black Bayou district spend its funds on advertising?
The AG said the district could advertise if it found that doing so would help carry out the purposes for which it was created.
Could LSU sell uncollected hospital patient accounts to another collector?
The AG found no legal prohibition on a properly negotiated sale of the described apparently uncollectible receivables if LSU had exhausted reasonable collection avenues and received payment…
Could Ville Platte donate city money, staff time, or property to private festival organizers?
The AG said the city could not donate public funds or the free use of personnel or property to the private organizations described, even if their events drew visitors and attention to Ville Platte.
Did a South Carolina clerk of court control the whole courthouse or only circuit court rooms?
The AG read the clerk-of-court statute as giving the clerk charge of the entire courthouse building, not just circuit-court rooms. He said that authority could not conflict with other statutes,…
Who owns portable horse stalls bought with state-fair track-fund money, the Fair, the Racing Commission, or the horse owners?
The Oregon State Fair controls the portable horse stalls and the State of Oregon owns them. ORS 462.057(1)(c)(F)'s special track fund did not transfer ownership to horse owners, trainers, or breeders.
Did Bossier Parish have to publicly bid prescription drugs for prisoners when annual purchases exceeded the threshold?
The AG said yes. It treated prescription drugs as materials and supplies and aggregated like purchases over a fiscal year to decide whether public bidding was required.
Did a water district need landowner permission to install water lines in a state highway right of way?
The AG said an additional landowner servitude was needed unless the state’s right-of-way grant specifically covered water lines or conveyed full ownership. For roads created by legislative act or…
Could Gramercy’s police chief appoint unpaid auxiliary officers and create a police taxing district alone?
The AG said unpaid auxiliary officers still required board approval after the chief’s recommendation. It found no authority for a chief to create a law enforcement taxing district.
Could Cheneyville’s mayor drive a town or police vehicle while conducting town business?
The AG said yes as administrator of town property, unless the town’s aldermen restricted that use by ordinance. It distinguished official business use from a prohibited loan of public resources.
Could Iberville Parish’s full-time public works director also become mayor of Maringouin?
The AG said no. The parish charter created the director position as a full-time appointive office, which could not be held simultaneously with an elected mayor’s office under the dual officeholding…
Could Waterproof mayor's court hear a speeding citation on a state highway inside town?
The AG said mayor's court could hear a citation under a valid municipal traffic ordinance, including a speed rule on a state highway within town that did not conflict with state law. It could not…
Does Delaware's open meeting law require a public body to move a meeting to a bigger room if a large crowd is expected?
Yes, under the law as it stood in 2002. The AG concluded that if a public body has reason to expect a large turnout, FOIA requires it to find a larger meeting space, though a speaker system in an…
Does a county attorney violate Delaware's open meeting law by privately consulting outside individuals while drafting a redistricting ordinance?
No, under the law as it stood in 2002. The AG found the Sussex County Attorney's private consultations with an elections official and an independent consultant while drafting a redistricting…
Could one person serve on both the Lakeside school board and the Padre Dam water district board?
No. The AG found the offices incompatible because decisions over water supply and sewer service could divide a member’s duties and loyalties.
If Oregon's legislature cuts funding for the state/county community corrections partnership, can counties walk away from supervising felony offenders and hand them back to the state?
The AG concluded that the proposed 2002 reduction would not trigger the county opt-out because the community corrections inflation adjustment would still match the zero adjustment for state…
Which court heard offenses in South Carolina’s three-mile municipal police service area?
The AG said authority to provide police protection outside municipal limits did not extend the municipal court’s territory. For offenses in the three-mile area outside Fort Lawn, he concluded the…
Could Mount Pleasant’s planning director also serve on the Awendaw Town Council?
The AG said the Mount Pleasant planning director most likely held a public office because the ordinance gave the position zoning-enforcement authority. Since a town-council member also held an…
May descendants visit and care for family graves on private land in South Carolina?
The AG said descendants had a qualified right, like an easement, to visit and maintain family graves on private land at reasonable times and in a reasonable manner. His answer assumed the cemetery…
Could South Carolina elected officials gamble or play a lottery outside the state?
The AG said the South Carolina Constitution’s gambling prohibition for holders of an office of honor, trust or profit applied to officials who played a lottery or gambled outside the state. He…
In Minnesota, can a school district agree through collective bargaining to pay a teacher's health insurance premiums and retirement contributions while the teacher is on an extended leave of absence, or reimburse the teacher for those costs?
No. The AG concluded that Minn. Stat. § 122A.46 conditions continuation of insurance and retirement credit during extended leave on the teacher (not the district) paying the premiums and the…
Could a South Carolina fire authority demand a medical transport helicopter during an emergency?
The AG could not decide which agency controlled a medical transport helicopter without the specific emergency and officials involved. He said the fire-authority statute did not settle how…
Can a Texas public board hold an official meeting outside the United States?
No. The Attorney General concluded that the Texas Open Meetings Act prohibits the University of Texas System Board of Regents from holding a meeting of a quorum of its members in Mexico. The Act…
Where do I file a UCC termination statement in Texas, with the county clerk or the Secretary of State?
With whichever office holds the original. The Attorney General concluded that under Business and Commerce Code section 9.707(e), if a financing statement was originally filed with the county clerk…
Can a Texas city block a sexually oriented business near a church that sits just outside the city limits?
Yes. The Attorney General concluded that under section 243.003(b) of the Local Government Code, a city may enforce its sexually oriented business ordinance to keep such a business away from a…
Can a Texas state board award a grant to one of its own members or to a university that employs a member?
No. The Attorney General concluded that a grant from the Texas Council on Environmental Technology is a contractual relationship governed by the strict common-law conflict-of-interest rule, which…
Can a not-for-profit childcare center at a New York State facility charge state employees and SUNY students less than the general public without losing its not-for-profit status?
Yes. Charging dual rates did not jeopardize the not-for-profit status of state-facility childcare centers under the New York Not-For-Profit Corporation Law, as long as any profits supported the…
Are HOPE Scholarship and HOPE Grant recipients subject to the Fair and Open Grants Act, which regulates state grants?
No. The Georgia AG concluded that the Fair and Open Grants Act applies to grants for 'public' entities, not for private citizens. HOPE Scholarships, HOPE Grants, and other state scholarship programs…
Could a South Carolina board member disclose what was discussed in executive session?
The AG reaffirmed earlier office advice that South Carolina’s Freedom of Information Act imposed no mandatory bar on a board member disclosing a vote or reasons for it from executive session. He…
Can the University of North Carolina (or some of its constituent campuses) offer a cafeteria-style flexible benefits plan that lets employees pay dependent health coverage premiums on a pre-tax basis, when state law forbids state employee benefit plans from duplicating coverage offered by the State Health Plan?
No. § 116-17.2 and § 143-34.1(d) prohibit UNC benefit plans from including benefits that duplicate those provided to employees under Chapter 135, including the State Health Plan's dependent…
Does redistricting cut short a Texas justice of the peace's four-year term?
No. The Attorney General concluded that under article V, section 18(c) of the Texas Constitution, a justice of the peace elected to a four-year term is entitled to serve out that full term in the…
Is a charitable sweepstakes fundraiser run by a Texas nonprofit legal?
No. The Attorney General concluded that the described 'charitable sweepstakes fundraising program' run by a private nonprofit was an illegal lottery under article III, section 47 of the Texas…
Can a Texas county dictate the emergency light color on tow trucks doing police-ordered tows?
Yes, in Harris County and for nonconsent (police-ordered) tows. The Attorney General concluded that Harris County, which has special statutory authority over towing and storage, may by rule or…
Can a charity give away a raffle ticket as a prize at a bingo game in Texas?
Probably not, and doing so could be a crime. The Attorney General concluded that awarding a raffle ticket as a bingo prize could violate Penal Code section 47.03, which bars transferring for gain…
Who manages activities in the Penobscot River Corridor inside Baxter State Park, the Baxter Park Authority or the Bureau of Parks and Lands?
Deputy Attorney General Paul Stern advised that, consistent with Governor Percival Baxter's deeds of trust, the Baxter State Park Authority oversees all activities (including recreational ones)…
Could South Carolina join Powerball under its 2002 state-lottery constitution?
The AG said South Carolina’s participation in a multistate lottery may well have conflicted with the then-current constitution, which allowed only the state to conduct lotteries. He concluded a new…
Could South Carolina’s legislature authorize state recognition of Native American organizations?
The AG said the General Assembly could decide whether and how to recognize Native American organizations, including the criteria and any benefits or obligations. He did not conclude that calling…
Does a county council's lunch meeting with an outside group count as a public meeting under Delaware's open meeting law?
Yes, under the law as it stood in 2002. The AG found a lunch between Sussex County Council members and a land trust group was part of a public meeting because it was listed on the meeting's agenda,…
Could a greyhound track block off-track simulcasts while it was not running races?
The AG concluded that a Connecticut greyhound racing association could block similar off-track simulcasts only during the approved days and times when it actually conducted its own races. Its…
Was DIRECTV’s mailed customer agreement enforceable without a new signature in South Carolina?
The AG did not decide whether the mailed DIRECTV agreement or its change-of-terms clause was enforceable. He said an adhesion contract was not automatically unconscionable and that the particular…
Can a New York county require fingerprinting and criminal background checks for nursing home and personal care employees, including those at private nursing homes?
Mixed. The county could require fingerprinting and criminal history checks for its own county-owned nursing home employees and (with state Department of Health approval) for personal care…
Can the same person serve as both a water district commissioner and a fire district commissioner in New York when the two districts contract for hydrants and water service?
Yes, but conditionally. One person could hold both offices if matters affecting both districts came up rarely. He or she had to recuse on the hydrant contract, water sales, and backflow testing. If…
Must a New York city publish its plumbing regulations as a chapter of the city code, and can a building inspector handle plumbing inspections when the plumbing inspector is unavailable?
The city did not have to keep plumbing rules in the City Code: a separately published pamphlet of rules from the plumbing board satisfied General City Law § 44(3). And a building inspector could…
Could Florien prohibit its elected police chief from holding another full-time job?
The AG said the village could not impose a blanket ban on the elected chief's other full-time employment. Outside work could coexist with the office if the hours did not overlap or conflict with…
Was Louisiana Technology Park LLC a state instrumentality excluded from sales and use tax liability?
The AG classified both the Research Park Corporation and its wholly owned, controlled park LLC as state agencies or instrumentalities under the sales-tax definition, despite a statute calling the…
Could a Louisiana constable also hold an elected parish council seat?
The AG said the dual officeholding law generally barred the two elected positions. It described a possible charter exception if the special legislative charter specifically authorized the concurrent…
Could a Washington rural county spend its special sales tax revenue on fiber-optic equipment owned by a private utility?
The Attorney General concluded in 2002 that RCW 82.14.370 revenue could not fund fiber-optic cable and switching equipment owned and operated by a private company or cooperative, even though it was…
Does the Georgia Department of Corrections have to pay county jails for housing probationers who are awaiting transfer to a probation detention center or diversion center?
No. The Georgia AG concluded that the county-reimbursement statute (O.C.G.A. § 42-5-51(c)) covers only felony inmates serving sentences of incarceration. Probationers awaiting transfer to probation…
Could Waterbury replace its charter revision commission before the first commission finished?
The AG concluded that Waterbury lawfully created a nine-member charter revision commission in February 2002. The city could not rescind it and create a new fifteen-member commission in March before…
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