State AG Opinions
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Does a Texas state agency board member have to resign to run for the Legislature?
Not necessarily. The Attorney General concluded that a member of the Texas Department of Economic Development governing board did not hold a 'lucrative office,' because the member received only…
Does a Texas county have to refund pretrial diversion fees it had no authority to collect?
Yes. The Attorney General concluded that 'pretrial diversion fees' a Hopkins County Attorney's predecessor had collected without legal authority, along with the interest earned on them, had to be…
What happens to a Texas constable when redistricting abolishes his precinct?
The Attorney General concluded that, under article V, section 18(c) of the Texas Constitution, a constable whose precinct is abolished by redistricting serves out the rest of his elected term in the…
Could an Idaho voter initiative create a grand jury to review and remove judges?
The AG concluded each of the proposal's four substantive elements (eliminating judicial immunity, creating a Special Grand Jury for judges, adding judge-removal procedures, and Grand Jury…
Can the Town of Riverhead, in Suffolk County, eliminate its elected receiver of taxes position?
Yes. The AG concluded Town Law § 36(1) lets a second-class town abolish the receiver of taxes office by resolution and transfer its functions to the town clerk. The Suffolk County Tax Act (L. 1920,…
Can a New York town ban using old mobile homes as backyard storage units?
The AG concluded a town has authority to regulate old mobile homes used as fixed-base storage facilities under Town Law § 130(16) and its police power, but cannot adopt a blanket prohibition that…
Did the petition to recall Baskin's police chief have enough valid voter signatures to call an election?
Yes. The registrar certified 71 valid signatures from an electorate of 157, exceeding the 40% threshold the AG applied. The AG said the governor could proclaim a recall election and noted the…
Can a disability rights advocacy group see a patient's records if the legal guardian says no?
The Attorney General concluded that Texas' designated protection and advocacy system, Advocacy, Inc., could have access to patients with mental illness or developmental disabilities and to their…
Can a Texas city make running a red light a civil ticket instead of a crime, and use red-light cameras?
The Attorney General concluded that the City of Richardson could not adopt an ordinance turning the disregard of a traffic-control signal into a civil violation, because state law makes running a…
Who decides which expelled students go to a juvenile justice alternative education program in Texas?
The Attorney General concluded that, beyond providing some funding to the county juvenile board and reviewing the county-funded part of its budget, a county and its commissioners court had no…
Can Texas ban doctors and other health professionals from using testimonials in their ads?
The Attorney General concluded that, while it could not say definitively as a matter of law that a blanket ban was unconstitutional, a court would very likely strike down the absolute ban on…
Could Connecticut merge local workforce investment areas despite satisfactory performance?
The AG concluded that Connecticut could not consolidate a local workforce area or force its board to change service area or operations if it met the federal performance and fiscal criteria. He said…
Could a Kentucky city extend natural-gas lines outside city limits and avoid utility regulation?
The Attorney General said a city could sell surplus natural gas to nonresidents, but lacked general authority to build new city-owned lines solely to serve them. Most city-owned utility operations…
Must a South Carolina agency reopen public comment after a substantive regulation change?
The AG said a substantive change to a proposed regulation had to be refiled, re-noticed and processed as a new regulation if it had not been raised, considered or discussed in public comment. The…
Can a nonprofit economic development corporation claim a North Carolina property tax exemption on raw, unimproved land it owns for future redevelopment?
No. North Carolina's charitable property tax exemption in G.S. § 105-278.7 covers only buildings, the land they actually occupy, and adjacent land convenient to their use. Unimproved tracts held for…
Are draft redistricting plans drawn by a North Carolina legislator personally, using the legislature's computer system but without staff help, public records the public can demand to see?
The statutes did not clearly answer the question. They addressed plans prepared by legislative employees but were silent about plans prepared by legislators themselves. The AG said the argument…
Can North Carolina's NC Flex flexible-benefits program offer state employees a voluntary indemnity health plan that pays fixed-dollar amounts for hospitalization, heart attack, and similar events, and can it offer alternative dependent health coverage?
The AG said NC Flex could offer the described fixed-dollar indemnity plan because its benefits did not duplicate the State Health Plan. It could not decide whether a dependent health coverage plan…
Could a retired Louisiana justice of the peace perform marriages after serving fewer than 18 years?
No. Under the 2001 amendment the AG examined, a retired justice of the peace needed at least 18 years of service and registration under La. R.S. 9:204 to retain authority to perform marriage ceremonies.
Would Louisiana's AG rule on Dubberly's decision to abandon Airport Road while a property owner challenged it?
No. The AG declined to assess the village ordinance because road abandonment involved the local governing body's discretion and the request showed litigation was imminent.
Could Myrtle Beach suspend business licenses over missing employee I-9 forms?
The AG said Myrtle Beach’s proposed suspension or revocation of business licenses for failure to maintain or produce employee I-9 forms would not improperly regulate or enforce federal immigration…
Could a California county require a coastal permit applicant to cover litigation attacking the permit?
Yes. The AG concluded that a county could require the applicant to defend and indemnify it against a third-party action to void the coastal development permit.
Could South Carolina public schools display “In God We Trust” under the Establishment Clause?
The AG concluded in 2002 that a public school could display “In God We Trust” without violating the federal Establishment Clause. He relied on the phrase’s status as the national motto and judicial…
Which wage withholding came first when a Connecticut employee owed both child support and state tax?
The AG concluded that a dependent support withholding order took priority over a Connecticut tax warrant against an employee’s wages. The employer had to calculate each under its own statute, then…
What did “highland,” public notice and the 14-day filing period mean for SC development agreements?
The AG said “highland” generally excluded marshland, waterways, wetlands, submerged land and tideland; a proposed agreement’s duration should be public before execution; and the 14-day recording…
Does Delaware's public records law require a school district to create records it doesn't have or get records from a private contractor?
No, under the law as it stood in 2002. The AG found Cape Henlopen School District did not violate FOIA by failing to hand over a bus schedule, claim forms, or zoning-inquiry records it did not…
Who owned the Anthem demutualization shares issued for Connecticut state health policies?
The AG concluded that the state owned shares issued through its group health policies and other Anthem contracts, rather than individual group-policy certificate holders. Pending challenges did not…
Could allowing company casino nights end Connecticut’s tribal slot-revenue payments?
The AG concluded that a proposed law allowing for-profit businesses to host casino-style games would likely let the Mashantucket Pequot and Mohegan Tribes stop their slot-revenue contributions under…
Could licensed vendors sell South Carolina lottery tickets at state farmers markets?
The AG concluded that the Department of Agriculture’s prohibition on gambling at state farmers markets barred lottery-ticket sales there, despite vendors’ lottery licenses. He read the market…
Did Anderson County’s school board election and district tax rates violate constitutional rules?
The AG pointed to an earlier opinion finding the countywide election of board members from differently sized residency districts facially valid. He said different millage rates appeared permissible…
Could Sicily Island reimburse aldermen's legal fees after a lawsuit over an interim mayor ended in settlement?
The AG said the village could not automatically reimburse every party. The Board of Aldermen had to determine which proceedings served the village or involved official duties, whether any defense…
Could Terrebonne Parish's sales tax advisory board hire its own lawyer without council approval?
No. The Louisiana AG said the advisory board could not retain separate counsel on its own; the parish council controlled hiring counsel for the parish and its departments under the home rule charter.
When did buildings outside city limits in Texas have to start meeting the state energy code?
The Attorney General concluded that new construction in areas outside a municipality's jurisdiction had to begin complying with the Texas Building Energy Performance Standards as of September 1,…
Did Texas appellate court law clerks and briefing attorneys get the state employee pay raise?
The Attorney General concluded that briefing attorneys and law clerks at the state appellate courts were entitled to the across-the-board four percent state employee salary increase in section 10.12…
Can a city council member or county commissioner also serve on a Texas groundwater conservation district board?
The Attorney General concluded that no, in most cases. A person who already holds a compensated seat on the governing body of another local political subdivision (other than a county) could not also…
Can a Texas justice of the peace send a juvenile to detention for contempt of court?
The Attorney General concluded that a justice court could not order a child confined for a term of detention (the practice asked about was three days in a county juvenile facility) as contempt for…
Which plumbing code applies to new home construction in Texas cities?
The Attorney General concluded that the three 2001 plumbing bills could be harmonized rather than read as canceling each other out. Senate Bill 365 made the International Residential Code the…
After Minnesota lowered the council-vote threshold for most zoning amendments to a simple majority, can a home-rule charter city still require a two-thirds council vote by its own ordinance?
No. The AG concluded that after the 2001 amendment of Minn. Stat. § 462.357, subd. 2, the statutory majority-vote rule for most zoning ordinances preempts any inconsistent charter or local…
Who represented South Carolina at preliminary hearings for General Sessions cases?
The AG concluded that the circuit solicitor had the responsibility and right to represent the state at preliminary hearings in General Sessions cases unless the Attorney General had assumed…
Was South Carolina’s proposed Respect for Law Day school display constitutional in 2002?
The AG concluded in 2002 that proposed bill S.793, requiring a school curriculum and display of the Ten Commandments alongside historical legal documents, was constitutional. He treated the proposal…
When someone is arrested for a domestic violence crime in North Carolina, can a magistrate set bail right away, or does the defendant have to stay in custody until a judge can act?
A magistrate cannot set conditions of pretrial release during the first 48 hours after arrest for a covered domestic violence crime. Only a judge may set those conditions during that window. If no…
Who has the legal authority to select and contract with the midway operator for the North Carolina State Fair: the Department of Agriculture or the Board of Agriculture?
The Department of Agriculture. G.S. § 106-503 says the Board manages the State Fair, but the Executive Organization Act of 1971 transferred the Board to the Department by Type II transfer, putting…
Could Connecticut’s economic development department participate in federal public housing programs as a housing agency?
The AG concluded that Connecticut’s Department of Economic and Community Development qualified as a public housing agency under the federal Housing Act. Its state housing duties brought it within…
Could Spartanburg’s mayor also serve on South Carolina’s Education Oversight Committee?
The AG concluded that one person could not simultaneously serve as Spartanburg mayor and a member of South Carolina’s Education Oversight Committee. He treated both positions as public offices…
Does North Carolina law require a county to let the public monitor its 800 MHz radio system in real time, or to record radio traffic that the county is not already recording?
No. The Public Records Act covers records that exist; it does not force a county to create a record. If a county chooses not to record 800 MHz radio traffic, no statute requires it to start, and no…
When a regional transportation authority asks a North Carolina county to approve a 5% rental vehicle tax, can the county add provisions or amend the tax before approving it?
No. Under G.S. § 105-551, the regional transportation authority sets the tax rate, terms, and effective date. County commissioners must approve or decline the proposal as submitted; they may not…
Does the North Carolina Secretary of State have to file a patentable-intellectual-property report before licensing its homegrown business-registration software to other states?
The AG concluded that SoSKB was not patentable on procedural grounds and therefore did not have to be reported under Section 15.1(a) of S.L. 2001-424. The newer RA9 module might be patentable, but…
Could Connecticut notify a victim about an offender’s registry-exemption request despite a federal disclosure injunction?
The AG concluded that Connecticut could implement victim notification when an offender applied to be exempt from sex-offender registration despite a federal order restricting public release of the…
How many state employees can a North Carolina agency designate as legislative liaisons after the 2001 lobbying reform law?
Only two. Session Law 2001-424 amended Article 9A of Chapter 120 to (a) define 'legislative liaison personnel' as a state officer or employee whose principal duties in practice or in their job…
Can a Texas constitutional county judge help manage the community supervision and corrections (probation) department?
The Attorney General concluded that no. Section 76.002(b) of the Government Code lets the district judges trying criminal cases and the judges of statutory county courts trying criminal cases…
Can you be charged with failure to drive in a single lane in Texas if you fell asleep at the wheel?
The Attorney General did not decide whether any specific drowsy-driving incident is a crime, because whether particular conduct violates a criminal statute is a fact question for a jury and a matter…
Is a bingo equipment revenue-share lease between a manufacturer and distributor legal in Texas?
The Attorney General concluded that a revenue-share leasing agreement between a bingo-equipment manufacturer and a distributor violates section 2001.556 of the Occupations Code if, under that…
Can a county council fold its executive session minutes into the minutes of the open portion of the same meeting?
No, under the law as it stood in 2002. The AG found the Sussex County Council violated FOIA by not maintaining minutes of a July 17, 2001 executive session separate from the minutes of the meeting's…
Can North Carolina counties be forced to get federal stormwater permits even though the state, not the counties, owns the roads where most stormwater drains?
Yes. Counties can be required to obtain a Phase II NPDES stormwater permit in four scenarios: (1) the county owns or operates an MS4 in an urbanized area discharging directly to receiving waters;…
Could a retired police officer on a city council vote on a policing contract with his former city?
Yes, on the facts reviewed. The AG concluded that PERS health benefits from the former city did not bar the intercity contract or the retired officer’s participation.
Do Maine Capitol Security officers who can make arrests have to complete the same police academy training as municipal police?
The Maine AG concluded that when Capitol Security personnel are given arrest authority under 25 M.R.S.A. § 2908, they become 'law enforcement officers' subject to the mandatory MCJA training…
Could a South Carolina sheriff post unserved arrest warrants online?
Assuming the sheriff posted outstanding warrants to help locate the people charged, the AG concluded the posting would not violate South Carolina’s constitutional privacy right. He noted prior…
Can UNC system audiology clinics fit and sell hearing aids to the public, or does the Umstead Act ban that as competition with private hearing aid dealers?
Yes, UNC audiology clinics can fit and sell hearing aids without violating the Umstead Act. Hearing aid fitting is an integral part of the graduate education required for ASHA certification and…
Could South Carolina public officials play the newly authorized state lottery in 2002?
The AG concluded that holders of a South Carolina office of honor, trust or profit could not play the state lottery, even though the lottery was legal. An officer who did so would be subject to…
Can a New York county let ATV riders use county reforested lands and give an ATV club exclusive use of trails the club builds there?
Mixed: yes to ATV use and trail construction, no to exclusive use. The AG concluded County Law § 219(1) authorizes recreational use of county reforested lands and VTL § 2405(2) lets a municipality…
Can a Texas bingo hall offer video poker on its electronic bingo card-minding devices?
The Attorney General concluded that the Texas Lottery Commission must examine the secondary, non-bingo features added to an electronic bingo card-minding device and disapprove them if they let a…
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