State AG Opinions
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Could Connecticut nurse practitioners, midwives and physician assistants provide mifepristone in clinics?
The AG concluded that licensed APRNs, nurse-midwives and physician assistants could dispense mifepristone in a licensed clinic under a qualified physician’s supervision and their own practice rules.…
Could a Maryland doctor name an alternate supervisor for a physician assistant in a nonhospital practice?
Under the law analyzed in 2001, the AG concluded that a physician in a nonhospital setting could not name alternate supervisors in a physician assistant's delegation agreement. A covering physician…
Could the Governor order a $5 million transfer from North Carolina’s Wireless 911 Fund to an escrow account to avoid the 2000–01 budget deficit?
Yes. The AG concluded that the Governor could order the proposed transfer from the Wireless Fund to an escrow account to avoid a budget deficit, though whether to do so was within the Governor’s…
Could South Carolina apply a higher DUI education fee to someone convicted before the fee changed?
The AG said applying the then-current Alcohol and Drug Safety Action Program fee or community-service alternative to the described person with an older DUI conviction did not violate state or…
Could a South Carolina county be liable for contracts signed by its local alcohol and drug abuse commission?
The AG said the county-controlled commission likely acted as a county agent and could bind the county on contracts within its authority. Express, implied, or apparent authority could matter, but the…
Could a South Carolina county pay part of an indigent person’s funeral costs by resolution?
The AG said Sumter County could contribute toward burial or funeral costs for an indigent person even if relatives did not pay, because disposition of the body served a public purpose. The…
Can a Maryland county without home rule, like Somerset County, borrow money and issue general obligation bonds to pay for landfill improvements without getting separate permission from the state legislature each time?
Yes. The opinion concluded that Article 25, §14A already gives county commissioners in a non-home-rule county like Somerset County the authority to borrow funds for landfill capital improvements and…
Did the day a Maryland judge signed a search warrant count toward its 15-day execution period?
No. Under the 2001 statute, the AG said the day the judge signed the warrant was excluded; the 15-day execution period began on the following day.
Did South Carolina counties have to refund video poker license fees after the machines became illegal?
The AG said Spartanburg County did not have to refund the unused portion of its video poker license fee after video poker became illegal in 2000. The state law provided a prorated refund for fees…
Could a sexual-assault nurse examiner testify to a patient's statements for medical treatment?
The AG said the medical-treatment hearsay exception could cover statements to an appropriately trained nurse examiner, and the patient's availability did not control the exception. He cautioned that…
Could a Louisiana levee district lend staff and equipment to a nonprofit's ship display project?
The AG said no. The district had no identified legal obligation or authority to use public employees and equipment to dig a trench for the nonprofit's historic ship display, even though it served a…
Did Louisiana's retired-officer firearms exception cover an officer who retired from law enforcement in another state?
The AG said the then-current exception covered qualifying retired officers regardless of where they served. He identified a 12-year service minimum, retirement identification, and annual firearms…
Could a South Carolina school board member also serve as a county magistrate?
The AG said simultaneous service on the Allendale County school board and as a county magistrate violated South Carolina’s constitutional dual-office prohibition. Assuming both offices were covered,…
Who serves as sheriff in South Carolina when the elected sheriff dies or resigns?
The AG said the chief deputy or second in command acted as sheriff immediately after a vacancy from death or resignation, until the governor appointed a replacement. A special election followed if…
Do North Carolina's qualifications-based selection rules for architects and engineers reach private subcontracts and design-build projects?
No on both. The NC AG concluded in 2001 that the Mini-Brooks Act (N.C. Gen. Stat. § 143-64.31) applies only to procurement by state and local government entities, not to subcontracts let by private…
If a Texas emergency services district overlaps a rural fire district, is its property tax capped at two cents?
The Attorney General concluded that when a proposed emergency services district in a smaller county would overlap with an existing rural fire prevention district, the commissioners court may only…
Can an employee of a private company that lives off a state contract still be paid as a Texas MUD board director?
The Attorney General concluded yes. Article XVI, section 40 of the Texas Constitution lets people who get all or part of their pay from state funds serve on local governing bodies like a municipal…
Do engineers working on federal defense contracts in Texas need a Texas state engineering license?
The Attorney General concluded that to the extent engineers practice engineering under contracts the federal government procured under its own procurement laws and regulations, which already let the…
Can a Texas county pay its constables different salaries, and can it pay one almost nothing?
The Attorney General concluded that a commissioners court does not have to pay every constable the same. Salaries can vary between precincts when one constable has more extensive duties, for example…
Who inherited a home when its life tenant died after the testator but before probate?
The AG said the sister’s life estate ended when she died, but because she survived the testator she also qualified for an equal share under the will’s residuary clause. Her estate was entitled to…
Could the North Carolina General Assembly require licensed insurers to write insurance in areas where it is not readily available?
The AG saw no legal reason the General Assembly could not extend its then-existing risk-sharing-plan law or exercise that delegated power directly, if it made appropriate findings of insurance need…
Could an Amite councilman redirect unused health benefits or donate his salary for a town park?
The AG said the councilman could not direct the town's savings from health insurance he declined, because those funds remained town property. He could donate salary after the town paid it, subject…
Could Maryland residents use an internet horse-racing service linked to a Pennsylvania betting account?
The AG concluded that Maryland law barred wagers placed from Maryland through the Youbet network as then designed because its accounts were in Pennsylvania. The opinion said the network could comply…
Can an agent of a New York animal cruelty society from one county exercise peace officer powers in another county that has its own society?
Mostly no. The AG concluded an agent of an SPCA from an adjacent county cannot issue appearance tickets, summon, or arrest people for Agriculture and Markets Law Article 26 violations within a…
Could the Union Parish Detention Center charge arresting agencies booking fees or stop operating without a dedicated tax?
The AG said the center had to operate even without a special tax because its costs could be budgeted. It could not charge arresting agencies booking fees for state-crime detainees or, because of…
If a North Carolina court expunges a DWI charge that was dismissed, does the Division of Motor Vehicles have to wipe out the 30-day civil license revocation too?
No. The NC AG concluded in 2001 that the criminal expungement statute, N.C. Gen. Stat. § 15A-146, did not reach civil drivers license revocations under N.C. Gen. Stat. § 20-16.5. The criminal case…
Could Connecticut fund a veterans’ Stand Down event if some attendees were ineligible, and was it liable for an assault?
The AG said the veterans agency could fund Stand Down outreach even if some attendees later proved ineligible for services. He did not decide liability for a participant assault; a duty and breach…
When a Vermont sheriff's department is sued and the county-purchased liability policy has a $10,000 deductible, who pays the deductible?
The county. 24 V.S.A. § 73 obligated the county to provide liability insurance for the sheriff and deputies, and the AG concluded that the deductible was an operating cost of the sheriff's…
Could Maryland require special ID for a service dog to enter a public accommodation?
The AG concluded that a public accommodation could not require proof of service-dog status before admitting a person with a disability and their dog. For optional orange guide-dog tags, training by…
Does North Carolina's old swine-keeping ban around state institutions also keep hog farms a quarter-mile away from local public schools and churches?
No, on both counts. The NC AG concluded in 2001 that N.C. Gen. Stat. § 143-153, enacted in 1909, did not apply to churches because they are not 'State' entities, and likely did not apply to local…
Could a Louisiana public-records requester inspect board members' privately owned computers to find agency emails?
The AG said the request did not justify warrantless monitoring or access to the members' private computers on the facts presented. Electronic communications used for actual board business could…
Does a senator filling in as Texas lieutenant governor have to serve on the redistricting board?
The Attorney General concluded yes. When the lieutenant governor's office is vacant, article III, section 9 of the Texas Constitution lets the Senate elect one of its own members to perform the…
Does a county have to specifically describe a multi-million dollar bond application on its meeting agenda before voting to approve it?
Yes, under the law as it stood in 2001. The AG found Sussex County's agenda item, which only said "Application - PATS Inc." and later just "IRB Committee Report," failed to alert the public that the…
Did the federal E-SIGN Act force New York county clerks to accept real estate deeds and other recordable instruments bearing only electronic signatures (and not handwritten ones)?
Probably not. The Attorney General concluded in 2001 that there was a substantial possibility that E-SIGN did not preempt Article 9 of New York's Real Property Law, because real-property recordation…
Did a South Carolina school board member need district office approval to visit a school or review district records?
The AG said an individual Rock Hill school board member could visit district schools without advance approval from the superintendent or district office and had access to district records. The…
Was a Louisiana sheriff owed a commission when a creditor accepted a seized car instead of a sale?
The AG said the sheriff earned a commission when the creditor accepted the vehicle in payment while the sheriff held the execution writ. The commission was based on the vehicle's actual value,…
When a state agency's incentive bonus program produces budget savings, and the underlying funding source is a 'Special Fund' rather than the General Fund, where do those savings go: back to the Special Fund per its own statute, or to the General Fund under the general incentive-bonus statute?
It depends on what the Special Fund statute says. If the Special Fund statute directs how surplus or unspent money is to be handled, that direction controls. If the Special Fund statute is silent on…
Can city police, not just the county sheriff, serve a mental-health emergency detention warrant in Texas?
The Attorney General concluded that a municipal peace officer, as well as a county peace officer, may execute an emergency-detention warrant under section 573.012 of the Health and Safety Code and…
Can a Texas city force-sell my homestead if I don't pay a public improvement district assessment?
The Attorney General concluded that a city may collect delinquent public improvement district assessments using the same procedures it uses to enforce an ad valorem tax lien on real property, but…
Can a Texas county commissioner also serve as a volunteer firefighter?
The Attorney General concluded yes, a county commissioner may serve as a volunteer firefighter for an unincorporated town in his county. Article XVI, section 40 of the Texas Constitution, which bars…
Could a South Carolina municipal court jail someone for an unpaid fine without a new hearing?
The AG said a municipal judge could condition a suspended sentence on payment of a fine and could use a bench warrant to bring back someone who willfully failed to pay. The warrant alone did not…
Could Louisiana take over a parish's Hill-Burton hospital obligations after the hospital closed early?
The AG said the state could not constitutionally assume Tensas Parish's outstanding Hill-Burton obligations through its health department. The proposed transfer did not fit the permitted state-debt…
Could Louisiana make one telephone company pass its tax savings to another company's customers?
The AG concluded that each telecommunications provider had to pass its Act 22 tax savings directly to its own customers through lower rates. The Public Service Commission could not use one…
Could a business lender collect from a Connecticut mortgage lender’s required license bond?
The AG concluded that a commercial creditor of a licensed first-mortgage lender could not recover on the lender’s statutory bond. The bond protected borrowers and prospective borrowers harmed in…
Must a South Carolina county send changes to a proposed zoning regulation back to its planning commission?
The AG said Lancaster County Council had to send any change to a planning commission’s recommended zoning text or maps back to the commission for review, even if the change was minor. The commission…
If a North Carolina city's attorney gave the council legal advice about an employee five years ago, does the local newspaper have a right to see that advice now?
Not if the advice contains confidential personnel information. The NC AG concluded in 2001 that N.C. Gen. Stat. § 160A-168(a), the municipal personnel-file confidentiality statute, supersedes the…
Did South Carolina bail bond businesses pay one county filing fee per business, per employee, or per license?
The AG said the county fee applied to each licensed person in a bail bond business, including professional bondsmen, surety bondsmen, and runners. A person with more than one license owed one fee as…
Can the North Carolina Rural Internet Access Authority give grant money to for-profit companies to set up telecenters in rural counties?
Yes. The NC AG concluded in 2001 that the Rural Internet Access Authority (RIAA), a state agency, can award telecenter grants from its MCNC contributions to for-profit applicants. North Carolina…
Could an accredited Connecticut career school stop keeping student attendance records?
The AG concluded that renewal based on recognized institutional accreditation did not release a private occupational school from Connecticut’s student attendance-record requirements. Those standards…
Was the Saints' Superdome lease penalty for leaving early allowed under Louisiana's 1993 stadium law?
The AG said the lease's negotiated damages provision fit within Act 640. He read the act's penalty amount as unclear and stated that the negotiated penalty in the lease was $25 million.
Did federal prisoner-transport laws invalidate Connecticut’s private security licensing rules?
The AG concluded that the federal Extradition Act and 2000 private-prisoner-transport law did not displace all Connecticut licensing and armed-guard rules. He could not determine whether particular…
If a Texas county grows past 8,000, does the combined district-and-county clerk lose office right away?
The Attorney General concluded that the offices do not split mid-term. Under the constitution and the Government Code, a county under 8,000 people elects a single 'joint clerk' to do both the…
Can a Texas county pay health insurance premiums for retirees who weren't promised that benefit when they retired?
The Attorney General concluded that a county may not start paying group-health-insurance premiums for retirees who were not promised that benefit when they retired, because under article III,…
Can a Texas city hire an independent contractor to do its plumbing inspections instead of a city employee?
The Attorney General concluded that a local plumbing inspector under the Plumbing License Law must be an actual employee of the city or other political subdivision where the inspector works. The job…
Can a Texas optometric glaucoma specialist use only that title, or must they also list 'optometrist'?
The Attorney General concluded that an 'optometric glaucoma specialist' may not use that phrase as their only professional title. The statute that created the new specialty says such a practitioner…
Can a Texas district attorney also serve as a legal officer in the Air Force Reserve?
The Attorney General concluded that serving as a legal officer in the United States Air Force Reserve is not the 'private practice of law,' so it does not violate the Professional Prosecutors Act's…
Can a licensed acupuncturist in Texas perform spinal manipulation like Tui Na?
The Attorney General concluded that even if the acupressure technique called Tui Na counts as an 'energy flow exercise,' a licensed acupuncturist administering that exercise is not practicing…
How could South Carolina police seek drug forfeiture when the property owner could not be found to consent?
The AG said a sheriff did not need a missing defendant’s signed consent order to seek forfeiture. The circuit solicitor or designee could petition the court, and service by publication could be…
When an asphalt plant company started construction work before getting its air quality permit from the Division of Air Quality, did Henderson County's local building inspector have to revoke the building permit under the mandatory-revocation provisions of state law?
No. For Tar Heel Paving’s particular activities, the AG said Henderson County’s Inspections Department should not treat the work as violating the cited air-quality or building-permit statutes and…
Could South Carolina enforce its littering law if no police officer saw the littering happen?
The AG said an officer did not have to witness littering for the state law to be enforced. A warrant could be supported by facts from other witnesses, subject to a magistrate’s probable-cause…
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