State AG Opinions
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Which of twelve new misdemeanors created by the Georgia General Assembly in 2001 should be added to the Georgia Crime Information Center's fingerprintable-offense list?
Six of the twelve offenses were designated for fingerprinting: O.C.G.A. §§ 40-6-397, 27-1-3(i), 27-1-3(j), 12-3-621, 45-11-4(b), and 16-10-94. Six others were not designated: §§ 21-2-414(g),…
Can the Texas Legislature use a budget rider to require TxDOT to get a city's approval before building a border inspection station?
The Attorney General concluded no. Rider 63 to the 2001 General Appropriations Act tried to make the Texas Department of Transportation get the host city's written agreement to the location, plans,…
Does an exclusive contract between a hospital and a health insurer violate Texas antitrust law?
The Attorney General concluded that exclusive dealing arrangements do not, as a matter of law, violate the Texas Free Enterprise and Antitrust Act of 1983. Whether a particular exclusive contract is…
Must a Texas school expel a student who commits a drug or alcohol felony within 300 feet of school but not on school grounds?
The Attorney General concluded no. Texas Education Code section 37.007(a) makes expulsion mandatory only when the felony drug or alcohol conduct happens on school property or while the student is…
Could a Kentucky school board grant a teacher unpaid leave for any reason?
No. Under the statute analyzed in 2001, a Kentucky school board could grant unpaid leave only for education or professional purposes, illness, maternity, adoption, or other disability. The opinion…
Could KCTCS stop elected faculty and staff regents from voting on group salary and benefits?
The Attorney General said KCTCS should allow its elected faculty and staff regents to vote on general salary and benefit issues affecting groups of employees. The opinion read the statutory…
Could Kentucky teachers give input on a principal’s formal performance evaluation?
Yes, under the rules the opinion analyzed. A superintendent could consider teacher comments tied to the principal’s professional performance criteria, and an approved district plan could require…
Did Maryland's child-abuse statute cover sexual intercourse between a stepparent and a 16-year-old stepchild who consented?
The AG concluded that sexual intercourse between a stepparent and a minor stepchild was child abuse under the statute analyzed in 2001. The child's consent did not change that conclusion, and no…
Can Texas require ephedrine dietary supplements to print the FDA's adverse-event reporting hotline on the label?
The Attorney General concluded yes. The Texas Department of Health did not exceed its statutory authority when it adopted a rule requiring dietary supplements containing ephedrine to carry a label…
Can a Texas county pay for a new groundwater conservation district's confirmation election?
The Attorney General concluded no. When the Legislature created the Kinney County Groundwater Conservation District, it set up a scheme in which the district's temporary board calls the confirmation…
Can a county's delinquent-tax-collection attorney donate money or equipment back to the county?
The Attorney General concluded that an attorney who is paid through the special delinquent-tax penalty under Tax Code section 33.07 may not donate money, personnel, or equipment to the county if the…
Did Connecticut judicial marshals need special licenses to drive prisoner transport vans?
The AG concluded that judicial marshals needed an appropriate special license for prisoner vehicles designed to carry at least ten passengers. Larger vans qualified as commercial motor vehicles;…
Could Connecticut require marshals to rotate courthouse restraining-order duty without state pay for waiting?
The AG concluded that the State Marshal Commission could require a rotating courthouse and on-call schedule for prompt restraining-order service. Under the laws and working arrangement he examined,…
Could the Idaho Land Board deposit proceeds from selling state endowment lands into the new land bank fund, and from which endowments?
The AG concluded the Land Board may use the land bank fund for proceeds from eight endowment categories (penitentiary, public school, university, scientific school, agricultural college, normal…
Could Connecticut’s chief court administrator close a courthouse and eliminate its geographic area?
The AG concluded that the chief court administrator could close the West Hartford courthouse and eliminate its G.A. 16 area by changing boundaries. Statutes required court sessions in Hartford, but…
Can a retired teacher return to a full-time job at the same school district when a relative sits on the school board?
The Attorney General concluded no. Texas anti-nepotism law generally bars a school board from hiring someone related to a board member within the prohibited degree. One exception protects an…
Can the Texas podiatry board redefine 'foot' by rule so podiatrists may treat the tibia and fibula?
The Attorney General concluded no. Texas law limits podiatry to treating a disease, disorder, injury, deformity, or ailment of the human foot. The Texas State Board of Podiatric Medical Examiners…
Can Texas require owners of surface-irrigation septic systems to keep an ongoing maintenance contract?
The Attorney General concluded yes. The Texas Natural Resource Conservation Commission rule requiring owners of surface-irrigation on-site sewage facilities to keep an ongoing maintenance contract…
Can the Georgia Department of Transportation sign construction contracts for highway projects today, where the funding will come from the State Road and Tollway Authority's promise to borrow and provide the money later?
Yes. The Georgia AG concluded that DOT may rely on a contractual promise from the State Road and Tollway Authority (SRTA) to borrow and provide funds for highway construction. Under the…
When did a changed Connecticut state project need renewed environmental review, and who could challenge an omission?
The AG said a new or revised environmental evaluation or finding was warranted when changed plans or mitigation created a reasonable possibility of environmental harm. The Council on Environmental…
Can the Maine Harness Racing Commission allow telephone wagering at licensed tracks without a statute that authorizes it?
The Maine AG concluded the Harness Racing Commission could not authorize telephone wagering by rule. Maine law (8 M.R.S.A. §§ 275-B, 275-C) requires pari-mutuel sales to occur within the enclosure…
Could a Connecticut marshal keep collecting wage executions after resigning?
The AG concluded that a resigned marshal or former sheriff could not continue collecting on wage executions begun while in office. Another authorized officer could complete service and receive fees…
Could Connecticut tax officials scan paper returns, discard originals and accept electronic filings?
The AG said DRS could use accurate electronic copies of paper records and, under applicable record rules, destroy originals. It could permit electronic filings but need not accept defective…
Can a Texas county give public funds to nonprofits that serve abused or at-risk children?
The Attorney General concluded that Kerr County generally had statutory authority to fund the children's nonprofits at issue. Family Code section 264.006 lets a county provide services to and…
Does a Texas county have to pay assistant prosecutors longevity pay even if the state doesn't reimburse it?
The Attorney General concluded yes on all three points. A 2001 law (subchapter D of Government Code chapter 41, effective January 1, 2002) requires counties to pay assistant prosecutors a longevity…
Can Texas pay Board for Evaluation of Interpreters members to evaluate interpreter candidates?
The Attorney General concluded no. The Board for Evaluation of Interpreters (BEI) has a statutory responsibility under Human Resources Code section 81.007 to evaluate and certify candidates for…
Could a Maryland pharmacist change a doctor's prescription under an institutional medication protocol?
Under the 2001 law, the AG said an inpatient pharmacist could dispense under an institutional protocol but could not start, modify, or stop drug therapy beyond a prescriber's directions. The…
How do two Texas counties divide the taxable value of an oil and gas interest that crosses their shared boundary?
The Attorney General concluded that when a mineral interest is tied to surface land that crosses a county line, each county must separately appraise the market value of the interest only as it…
Can the Texas Ethics Commission give out campaign finance reports on CD before all candidates have filed?
The Attorney General concluded that Election Code section 254.0401(b) keeps the Texas Ethics Commission from posting an electronically filed campaign finance report on the Internet until every…
What must a Texas hospital district charge nonindigent residents for medical care, and can it pay a private hospital to provide it?
The Attorney General concluded that a 2001 amendment to the Garza County Hospital District's enabling act now requires it to charge nonindigent residents the 'reasonable and customary cost' of…
Was the Washington House rule requiring both co-speakers’ consent to bring business before the House unconstitutional?
The Attorney General concluded in 2001 that courts were unlikely to invalidate the temporary co-speaker rule, especially while a House majority retained ways to suspend, amend, or repeal it. The…
Can a Delaware city refuse to release the names and home addresses of its retired employees?
Yes, according to this opinion. The AG found the City of Dover could lawfully withhold the names and addresses of retired city employees under FOIA's privacy protections, following federal case law…
When a North Carolina ferry company has docks in two towns but its principal business in just one, which town can tax the ferry boats?
The town where the company has its principal place of business. Bald Head Island Transportation, Inc.'s ferries were taxable on Bald Head Island, not in Southport, even though the ferries docked in…
Could a town scholarship committee obtain a Connecticut raffle permit without an IRS charity letter?
The AG concluded that Watertown’s scholarship committee was a charitable organization eligible for a raffle permit. Its scholarship purpose and donation-funded activity met the relevant test, and…
When a North Carolina state agency reduces its workforce, who decides whether an affected employee gets discontinued service retirement (DSR) or severance pay: the State Budget Officer or the agency head?
Both have to approve DSR. The State Budget Officer chooses between DSR and severance wages and must consider (but is not bound by) the agency head's recommendation and the State Personnel Director's…
Can a Texas county commissioner be reimbursed for using his personal vehicle on official county business?
The Attorney General concluded yes. Under Local Government Code section 152.011, the commissioners court sets compensation and travel expenses for county and precinct officers, including the…
Can a Texas county reimburse a city for the cost of gifts the city already gave to legislators?
The Attorney General concluded no. The City of Gilmer bought golf towels inscribed with its logo and gave them to legislators during Upshur County Day, then asked Upshur County to pay back half the…
Can the Texas A&M University System offer employees a nonqualified 457(f) deferred compensation plan involving a transfer of property?
The Attorney General concluded yes. Article 6228a-5, section 3(a) of the Texas Revised Civil Statutes lets a state agency, a term broad enough to include the Texas A&M University System, allow some…
Can a Texas state representative also work as an assistant county attorney?
The Attorney General concluded no. Article XVI, section 40 of the Texas Constitution bars a member of the Legislature from holding any other office or position of profit under the state. An…
Can the Texas Commission on Jail Standards review a jail's construction blueprints before it is built?
The Attorney General concluded yes. The Commission's duty to inspect a facility and decide where fire sprinkler heads should not be placed includes examining blueprints for a structure not yet…
When the Georgia State Board of Education grants a state charter under the 2000 Charter Schools Act amendment over a local school board's refusal, do the same funding and oversight rules that apply to locally approved charter schools apply to the state charter school?
Yes. The Georgia AG concluded that state charter schools authorized under O.C.G.A. § 20-2-2064(d) are governed by the same provisions as locally approved charter schools, including local-board…
Can constitutionally elected statewide officers (like the Secretary of State or Commissioner of Labor) bypass the Georgia Technology Authority on technology purchases over $100,000, since the GTA statute exempts their offices from GTA technology policy?
No. The Georgia AG concluded that agencies under the control of constitutional officers can set their own technology policy but must still contract through the Georgia Technology Authority for any…
Do a Delaware county administrator's private budget meetings with department heads have to be open to the public?
No, according to this opinion. The AG found a county administrator is a 'body of one' exempt from FOIA's open meeting rules, so meeting privately with department heads to gather facts for a budget…
Under the 2001 North Carolina law authorizing private correctional officers to use force and make arrests, what training do their employers need, how much insurance must they carry, and what powers do these officers actually have?
Private correctional services providers must adopt the same minimum pre-employment and training standards used for State correctional officers (whether from DOC, CJETSC, or State Personnel…
Can a Texas county bail bond board let an alternate sit in for the licensed bail bond surety member?
The Attorney General concluded no. Chapter 1704 of the Occupations Code lets several county bail bond board members send a designee, but not the licensed bail bond surety member elected by the other…
When a Texas county employee donates sick leave to a county pool, does its dollar value move with it?
The Attorney General concluded that under chapter 157, subchapter E of the Local Government Code, a value transfers along with sick-leave time as it moves from a contributing employee into the pool…
Can a Texas state university bank with a bank where one of its regents is an officer?
The Attorney General concluded no. Under the common-law conflict of interest rule, an officer or employee of a bank has a pecuniary interest in it, and when a regent of Texas Woman's University…
If land is sold mid-project, do the development rules locked in at the first permit still apply?
The Attorney General concluded yes. Under section 245.002 of the Local Government Code, the development regulations in effect when the original application for the first permit was filed stay with…
Can a Texas property owner see the data a private firm used to appraise their property for taxes?
The Attorney General concluded yes, and the access is broad. Under section 25.195(a) of the Tax Code, an owner may inspect appraisal information held by the appraisal district, though that access…
Can Texas let alcohol sellers scan a driver's license stripe to check age without breaking federal privacy law?
The Attorney General concluded that House Bill 3016, which lets private parties read the magnetic stripe on a driver's license to prevent underage alcohol sales and to comply with Alcoholic Beverage…
If a Minnesota county rejected the State Building Code in a 1979 referendum, can the county now adopt the Code by ordinance without going back to the voters?
Yes. The AG concluded that after 1994 and 1998 amendments to Minn. Stat. § 16B.72, the statute permits a 'municipality' (a defined term that includes counties) that does not currently have the Code…
Did Vermont's banking commissioner have authority to issue rules requiring opt-in consent before banks, insurers, and securities firms shared customer financial or health information, and could she go beyond Gramm-Leach-Bliley's federal opt-out floor?
Yes on both counts. The commissioner's general rulemaking authority under 8 V.S.A. §§ 10 and 15(a), plus specific grants in Title 8 and the Securities Act, supported all three rules. GLB § 507…
Could South Carolina college students register to vote from a dormitory address in 2001?
The AG said a South Carolina student could establish a dormitory as a voting residence under the 1999 domicile statute and could not be rejected solely because the address was a dorm. Registration…
Can the public see a provisional autopsy report held by a Texas justice of the peace?
The Attorney General concluded yes, but not through the Public Information Act. Records of the judiciary, including a justice of the peace's inquest files, fall outside chapter 552. A provisional…
Could Hartford city purchasing rules control the school building committee’s choice of a construction manager?
The AG concluded that the state-created Hartford School Building Committee could select a construction or program manager under Special Act 01-7. Conflicting city charter, ordinance and bidding…
When the North Carolina Utilities Commission orders a public utility to pay for an audit of itself, does the Commission have to follow the state's purchasing and consultant-contract procedures to pick the auditor?
No. When the Commission acts in its quasi-judicial capacity by issuing an order under N.C.G.S. § 62-37(b) requiring an auditor at the utility's expense, no state funds are spent and the utility pays…
Did Louisiana's automatic first-offender pardon allow expungement of a juvenile sex-offense conviction?
The AG said a contributing-to-delinquency conviction could not be expunged after an automatic first-offender pardon. His analysis assumed a conviction under La. R.S. 14:92(A)(7), a sex offense…
Could a part-time Louisiana legislative assistant also work as an assistant district attorney?
The AG said yes, whether the assistant district attorney role was part time or full time. The legislative assistant's part-time status avoided the dual-full-time prohibition, and the district…
Was a cash advance against a Louisiana lawsuit a consumer loan if repayment depended on recovery?
The AG said the described advance was a consumer loan under the then-current Louisiana Consumer Credit Law. A contingent repayment duty still created an obligation, and the litigant assigned…
Which South Carolina court surcharge paid for local computer upgrades used to track DUI revenue?
The AG said local governments had to deduct the specified one-time computer upgrade and programming costs only from the DUI surcharge revenue under subsection (A)(2), before sending the balance to…
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