State AG Opinions
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If a young pregnant girl in North Carolina got a marriage license before the October 1, 2001 age-raise but tried to use it after that date, was her marriage valid?
If the parties solemnized the marriage on or after October 1, 2001, the new age rules in N.C.G.S. § 51-2 (as amended by Session Law 2001-62) applied, even if the license was issued before that date.…
Must a South Carolina probate judge apply a statute the state Supreme Court struck down?
The AG said a probate judge had to follow the South Carolina Supreme Court’s ruling that Section 15-1-290 was unconstitutional, even though the legislature had not formally repealed it. He did not…
Which rule controlled when Columbia’s building code conflicted with state fire-marshal regulations?
The AG said Columbia’s duly adopted building-code provisions controlled to the extent they conflicted with the State Fire Marshal’s regulations. The state regulations still applied where no such…
When the North Carolina Insurance Commissioner retains experts at an insurance acquirer's expense to review a proposed acquisition of control, does the state's consultant contracting law apply?
Yes. Article 3C of Chapter 143 (state consultant services) applies to contracts the Insurance Commissioner makes under N.C.G.S. § 58-19-15(f) to retain attorneys, actuaries, economists, accountants,…
Can a Texas veterinarian keep my pet until I pay the bill?
The Attorney General concluded a veterinarian generally cannot. A vet may have an equitable lien on an animal for the care provided, but that lien is not possessory, so the vet must return the…
Can a Texas city pay its fire department for emergency first-responder care inside a hospital district?
The Attorney General concluded yes. Article IX, section 9 of the Texas Constitution does not give a hospital district exclusive authority over emergency medical or First Responder services, and…
Does a Texas water district's payment to a city for utilities count taxes paid by businesses, not just households?
The Attorney General concluded that while a restaurant is not a 'household user' of water and sewer service, its owner may still be an 'owner of taxable property' under section 43.0761 of the Local…
Can the Texas Railroad Commission adopt its own rule requiring commissioners to recuse themselves in contested cases?
The Attorney General concluded the Railroad Commission could not adopt Rule 1.10, which the opinion read as mandatory rather than voluntary. The part requiring a commissioner who declined to recuse…
Can North Carolina charter schools use the state's Private Capital Facilities Finance Act to raise capital for school buildings?
Yes. Charter schools are eligible to participate in Article 2 of Chapter 159D, the Private Capital Facilities Finance Act. The Act applies to 'institutions for elementary and secondary education,'…
Could a Maryland public library include or exclude a reading-program coupon with a Bible reference?
The AG concluded that including the coupon would not have violated the Establishment Clause. Because facts about the reference's removal were disputed, it treated the speech question as one about…
Could Ocean City separate minors from adults at dance clubs without violating Maryland's age-discrimination law?
The AG concluded that a municipality could set reasonable dance-club admission limits to separate minors from adults for the protection of minors. Such limits would not be preempted by the state…
Could Charleston County use victim assessments to pay for drug-defendant satellite monitoring?
The AG said Charleston County could not pay for satellite monitoring of defendants charged with drug-related offenses from victim-assessment funds reserved exclusively for victim services. He…
Could a South Carolina court require GPS monitoring as a bail condition in 2001?
The AG said a magistrate or circuit court could impose reasonable electronic monitoring as a condition of bail under the general bail statute, despite the Home Detention Act’s separate limits on…
Does a church that sells prepaid funeral or burial services need a permit from the Texas Department of Banking?
The Attorney General concluded a court would probably find chapter 154 of the Finance Code applies to the Archdiocese of San Antonio's sale of prepaid funeral benefits, because the Legislature…
Can the Texas Department of Public Safety require licensing for off-road dirt bike rider training courses?
The Attorney General concluded the Department of Public Safety could not regulate off-road dirt-bike training courses. Its motorcycle operator training program under chapter 662 of the…
Does renting out part of your Texas home cost you the homestead property-tax exemption on that part?
The Attorney General read section 11.13 of the Tax Code to mean that renting part of your home to someone else is a use 'incompatible' with your residential use, so that rented portion loses the…
Were Washington police accident investigation reports confidential under RCW 46.52.080?
The Attorney General concluded in 2001 that an officer’s accident investigation report was not automatically confidential under RCW 46.52.080 and was generally open to inspection and copying. A…
Could a South Carolina Class 2 detention officer contract to provide police bloodhound tracking?
The AG said a Class 2 detention officer could contract to provide bloodhound tracking for a police department only in the capacity of a private citizen when outside detention-related duties. The…
Could South Carolina’s Employment Security Commission prosecute labor-law crimes on its own?
The AG read the labor-law prosecution statute to require both circuit solicitors and other prosecuting attorneys to act at his request and under his direction. The opinion did not authorize the…
Can a non-dentist company own a dental practice or employ dentists in Oregon, or is dental practice ownership reserved for licensed dentists?
The AG concluded that only licensed dentists could engage in clinical practice, own and operate a dental office, or employ other dentists, with three narrow exceptions: labor-organization dental…
Does a Texas county have to provide health insurance to an elected constable?
The Attorney General concluded that a county may provide health insurance to a constable but is not required to. The commissioners court has discretion to set reasonable eligibility rules, such as…
Can a Texas constable skip serving process because he has to attend every justice court session?
The Attorney General concluded that the two duties in section 86.021 of the Local Government Code, attending every session of the justice court and serving process, are independent and both must be…
Can a Texas nursing home donate unused prescription drugs to foreign countries instead of destroying them?
The Attorney General concluded that federal law does not bar Texas from letting nursing homes ship certain unused prescription drugs overseas, and does not preempt the state statute requiring rules…
Can a county health-benefits board meet in closed session to hear a complaint about its outside claims administrator?
The Attorney General concluded that the Open Meetings Act does not let the board meet in executive session to consider a complaint against its third party administrator. The Act's closed-session…
Could a South Carolina city add new hospitality and lodging taxes atop its pre-1997 tax?
The AG said local accommodations and hospitality tax caps counted taxes by what they covered, regardless of an ordinance’s label. A government could preserve a qualifying higher pre-1997 rate, but…
Could a South Carolina city impose a new lodging tax on hotel stays already taxed under an older hospitality ordinance?
The AG said a city or county could not evade the cumulative accommodations and hospitality tax caps by giving an older tax a different name. A qualifying pre-1997 rate could remain at its historical…
Could a Washington public utility district finance customer pellet stoves or renewable energy systems as conservation measures?
The Attorney General concluded in 2001 that article VIII, section 10 and RCW 54.16.280 did not authorize financing pellet stoves, solar, wind, geothermal, or small hydro systems on private property…
Could Maryland's corrections agency disclose an inmate's projected mandatory-supervision release date?
The AG said the Division of Correction could reasonably interpret the inmate-record confidentiality law as allowing disclosure of a projected mandatory-supervision release date. It left the agency…
Who could approve a South Carolina bond set by a circuit judge after a defendant violated an earlier bond?
The AG said the clerk of the circuit court should approve the surety and finalize a bond when that court amended its conditions. Before indictment, either the magistrate or circuit judge could amend…
If a Georgia franchised new-car dealer (say, a Lincoln-Mercury franchise) sets up a temporary location in another county to sell only used cars, does it need a used-car dealer license from the Used Motor Vehicle Dealers Board?
Yes. The Georgia AG concluded that a franchised motor vehicle dealer engaged exclusively in selling used motor vehicles at a temporary location outside the county where its franchise is located does…
What can a 9-1-1 emergency communication district in Texas legally spend its money on?
The Attorney General concluded that an emergency communication district can spend money on things beyond the specific items the statute lists as allowable operating expenses, because the law says…
Do you need a Social Security number to get a Texas driver's license?
The Attorney General concluded that the Department of Public Safety must require every driver's license applicant who has a Social Security number to provide it, because federal law and the Texas…
Is the Texas Railroad Commission required to run a program to keep electricity fuel costs low?
The Attorney General concluded that section 39.9048 of the Utilities Code does not require the Railroad Commission to start a program to keep the cost of fuel used to generate electricity low. That…
Can a Texas hospital district appoint its own board members to the board of an HMO it created?
The Attorney General concluded that a hospital district could appoint its managers to the board of an HMO it created. A manager with a substantial interest in the HMO must disclose it and abstain…
Could one person serve on both a county accommodations tax advisory committee and South Carolina’s tourism expenditure review committee?
The AG said the county accommodations tax committee was advisory and its members did not hold a public office for dual-office purposes. The state Tourism Expenditure Review Committee did hold public…
Did a mortuary school certificate qualify someone for appointment as a South Carolina magistrate in 2001?
The AG said an initial magistrate appointee needed a two-year associate degree under the 2001 law, while a magistrate already serving on June 30, 2001 was exempt during continued service. The office…
Could a Washington superior court require its county clerk to file received pleadings within three court days?
The Attorney General concluded in 2001 that a superior court could adopt that local filing rule. It could order a tardy clerk to file documents and, in appropriate circumstances, use contempt for…
Could Maryland suspend a dry cleaner's business license for unpaid Uninsured Employers' Fund obligations?
Yes, under the law the AG analyzed in 2001. The Comptroller could suspend the license for required payments owed to the Uninsured Employers' Fund, even though the license mainly raised revenue. The…
Could South Carolina tax a Tennessee-owned car used by Aiken County residents even if it did not need South Carolina registration?
The AG said the nonresident-owned, Tennessee-registered vehicle did not have to be registered in South Carolina on the facts given, because its South Carolina users were residents and the…
Did South Carolina drivers have to slow down and obey emergency personnel when approaching an emergency scene?
The AG said an emergency scene was a special hazard under the then-current statute, so an approaching driver should use an appropriately reduced speed and control the vehicle to avoid collisions.…
Could a Kentucky school board require a new principal to live in the county?
The Attorney General concluded that the Franklin County school board could not require newly hired principals to live in the county. State law assigned principal certification and selection roles to…
Could Gramercy reimburse the mayor's and aldermen's legal fees from their lawsuit against one another?
The AG said reimbursement depended on which work was done in an official capacity for the town and which was personal. He said the town could choose to reimburse qualifying official-capacity fees,…
Did a scratch-off game sold with a prepaid phone card violate South Carolina gambling law?
The AG’s office said it had viewed phone cards sold with scratch-off games as a way to evade gambling restrictions, despite claims that the games were free promotions. It declined to issue an…
After the U.S. Supreme Court took federal jurisdiction off isolated North Carolina wetlands, can the state's Environmental Management Commission step in with its own permit rules, and can it do so on an emergency temporary-rule basis?
Yes to both. The NC AG concluded in 2001 that the Environmental Management Commission has statutory authority under N.C. Gen. Stat. § 143-215.1 and § 143B-282 to require permits for activities…
Could more than one Connecticut state university offer the pilot education doctorate?
The AG concluded that the five-year education-doctorate authorization was not confined to a single Connecticut State University campus. More than one institution could award the degree if the Board…
Which public-facility costs could a Washington rural county pay with its local-option sales tax?
The Attorney General concluded in 2001 that RCW 82.14.370 revenue could pay acquisition, construction, design, permitting, environmental, and related costs for qualifying public facilities.…
Could a petroleum refiner jointly operate a Connecticut gas station with a travel-center company?
The AG concluded that a petroleum refiner could not operate a Connecticut retail gas station through a joint venture with a non-refiner. Equal ownership and management largely supplied by the…
Can a Kentucky school district keep a lawsuit settlement secret with a confidentiality clause or court seal?
The Attorney General said a school district’s settlement agreement was a public record, and a confidentiality clause alone did not justify withholding it. A valid statutory exception could apply; if…
Could Connecticut auditors share confidential client records with the AG during a whistleblower inquiry?
The AG concluded that state auditors could share confidential agency client records with his office while reviewing a whistleblower complaint. The joint investigative statute contemplated full…
Could a private security guard ticket drivers or use amber lights to stop them on roads inside a gated South Carolina community?
The AG said a properly registered guard could issue a uniform ticket for a state traffic violation on a private road properly enrolled under the Uniform Act Regulating Traffic, but not for a private…
How is a fresh water supply district created in Texas, and who can call the election?
The opinion was prompted by doubts about whether the Kaufman County Fresh Water Supply District No. 1 was validly created, but the Attorney General declined to decide that, both because it would…
When can a Texas district clerk give the jury list to the lawyers before trial?
The Attorney General concluded that in both civil and criminal trials the jury list must be given to both parties once they have announced ready for trial, the point Rule 224 and article 35.01 fix.…
Does a newly incorporated North Carolina town have to actually deliver four municipal services to qualify for Powell Bill street-aid money, or is budgeting for them enough?
Budgeting is enough. The NC AG concluded in 2001 that N.C. Gen. Stat. § 136-41.2(c) requires only that 'funds have been appropriated' for at least four of eight designated services, not that…
Which Connecticut office represented the state in youth-in-crisis juvenile cases?
The AG concluded that the Division of Criminal Justice, rather than the Attorney General’s Office, should handle youth-in-crisis proceedings. He read the new program as an extension of…
Did a South Carolina clerk temporarily acting as probate judge receive the probate judge’s salary?
The AG said a clerk of court temporarily filling a probate-judge vacancy should receive the probate judge’s salary under common law. The letter could not say with confidence that the older statute’s…
Can the Georgia Board of Technical and Adult Education on its own extend to all department employees the same benefit options that transferred local-board employees kept under O.C.G.A. § 20-4-29?
No. The Georgia AG concluded that without approval from the Employee Benefit Plan Council, the Board of Technical and Adult Education cannot extend to all departmental employees the benefit options…
When a North Carolina insurance corporation files a conversion plan, can the Commissioner of Insurance hire outside experts to review it without going through the state's normal consultant-contract approval process?
Yes. Section 58-65-131(e) of the NC General Statutes specifically exempts the personal professional service contracts the Commissioner uses to review insurance corporation conversion plans from…
Does the North Carolina State Health Plan have to get the Governor's written approval before hiring outside consultants to help negotiate its preferred provider networks?
No, not when the consultant is helping with preferred provider work. The NC AG concluded in 2001 that N.C. Gen. Stat. § 135-40.4(a) exempts the Teachers' and State Employees' Comprehensive Major…
Could Idaho voters tighten state term limits through a 2002 ballot initiative without rerunning into the same constitutional problems that had hit the 1994 term-limits law?
The proposed amendments to Idaho Code 34-907 raised no new constitutional concerns beyond the existing law, but a 2000 district court ruling (Rudeen v. Cenarrusa) had invalidated the county-level…
Could Maryland's People's Counsel join a regional electricity-market operator without exposing the state to major liability?
The AG said the Office of People's Counsel could join the regional electricity operator as an ex officio member if its operating agreement was amended as proposed to exempt state consumer advocates…
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