State AG Opinions
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Could a Louisiana town discard obsolete computers that failed to sell as surplus property?
The 2000 opinion said a municipality first had to follow an authorized sale procedure for surplus movables. If the equipment did not sell even at minimal pricing, the town could discard it.
Did Lafourche Parish Council's minutes authorize the clerk's pay and benefits when its resolution omitted them?
The 2000 opinion said yes: the council's general hiring resolution could be read with the more specific meeting minutes, which set the clerk's salary and benefits. It also required transportation…
Did a business on St. Bernard Port District property need parish zoning clearance for an occupational license?
The 2000 opinion said no for the described business on port-owned property operating partly for the port's benefit. It treated the state-created port district's authority as prevailing over…
Could the Avoyelles Parish School Board allocate general-fund money to schools in blocks?
The 2000 opinion said the board could use block allocations after adopting and submitting a budget under the school and local budget laws. Disbursements still had to follow the approved budget.
Could a full-time Louisiana assistant district attorney also serve as a city prosecutor?
The 2000 opinion said a full-time assistant district attorney could also be a part-time city prosecutor, but could not hold the two posts if both were full time.
Could Sulphur's five-member city council pass an ordinance by a 2–1 vote with only three members present?
No. The 2000 opinion said the charter required an affirmative vote from a majority of all five authorized council seats, so three yes votes were needed even when three members formed a quorum.
Did paying a birth mother under a surrogacy agreement automatically prevent adoption in Maryland in 2000?
The AG concluded in 2000 that surrogacy contracts paying a birth mother were usually illegal and unenforceable under Maryland law. Payment alone did not automatically bar an adoption petition: the…
Who controlled construction decisions and correctional staff training for a new Maryland county jail in 2000?
The AG concluded in 2000 that the Allegany County sheriff could participate in planning a new detention center but could not control its construction before taking over operations. While the sheriff…
If a developer sues a New York village board, do the board members automatically have to recuse from later applications by the same developer or a related entity?
No. Pending litigation does not automatically disqualify board members from hearing later applications by the plaintiff. The board must look at the specific facts, including personal liability…
Could a Maryland charter county or town require tobacco products to be kept behind the counter in 2000?
The AG agreed in 2000 that a charter county or municipality could require licensed tobacco retailers to display products in areas normally inaccessible to customers under the proposed ordinance. Its…
Did a Calvert County charity need a permit to hold bingo under Maryland law in 2000?
The AG agreed in 2000 that volunteer fire departments and other listed charitable organizations needed a county permit to conduct charitable bingo in Calvert County. The conclusion was specific to…
Did a volunteer retired Maryland physician have to buy liability insurance to receive statutory immunity in 2000?
The AG agreed in 2000 that a volunteer physician did not have to carry liability insurance to receive the protection of CJ §5-606(b). If insurance existed, the statute's immunity applied only above…
How would First Amendment commercial-speech rules affect the North Carolina Board of Mortuary Science if it applied its license statute to funeral-service advertising?
The AG distinguished restrictions on referral payments to third parties, which regulate conduct, from restrictions on advertising lawful discounts or credits, which regulate speech. An advertising…
Does writing 'signed under duress' on a traffic ticket get you out of going to court?
The Attorney General concluded that writing protest words such as 'forced to sign under threat, duress and coercion' next to your signature on a traffic ticket changes nothing. Traffic law is public…
Can Texas state agencies buy goods through online reverse auctions?
The Attorney General concluded that a 'reverse auction,' where prequalified vendors watch each other's prices fall and keep underbidding online, is not the sealed-bid competitive bidding Texas law…
Can a state vendor count purchases from a minority-owned broker toward its HUB goal?
The Attorney General concluded that the Texas Lottery Commission may count a vendor's purchases made through a HUB broker or 'pass-through' entity toward the vendor's good-faith historically…
Who has final say over hiring at a Texas probation (CSCD) department, the judges or the director?
The Attorney General concluded that the district judges who manage a community supervision and corrections department, not the department director, hold the final authority to approve the people the…
When a Mecklenburg County Superior Court judge is elected in 1998 to fill a vacancy left by a retiring judge, is the elected term eight years or only the unexpired remainder of the prior judge's term?
Eight years. AG Mike Easley's office concluded that under N.C. Gen. Stat. § 163-9(b)'s second paragraph, when a vacancy occurs in a multi-judge superior court district located entirely in a county…
Did the Maine Turnpike Authority chair violate state conflict-of-interest law by voting on a turnpike interchange while owning nearby property?
The AG found no civil violation of 5 M.R.S.A. § 18(2) and no criminal misuse of office. It concluded that Chair Julian Coles failed to address an apparent conflict by disclosing his interests or…
Could Zachary's interim school board call a later special election after missing its 2000 election date?
The 2000 opinion said yes. After the specified 2000 election date became impossible, the interim board could call an initial school-board election under the Louisiana Election Code's…
Could a Louisiana school board use its own employees to build a school building below the public-bid threshold?
The 2000 opinion said no. The law allowed some below-threshold public works to be performed by public employees but expressly excluded building construction; a private contractor was required even…
Who had to transport a patient under a Louisiana physician's emergency mental-health certificate?
The 2000 opinion said the sheriff's office had a transport duty, but the statute assigned it to peace officers generally, not the sheriff alone. Transport had to begin within the certificate's…
Could Louisiana businesses or debt collectors contract for extra fees when collecting bad checks?
The 2000 opinion said no. It allowed the Office of Financial Institutions to apply the bad-check statute to debt collector contracts, but said payees and their collection agents could not contract…
Could a Louisiana parish police jury ban outdoor burning of trash?
The 2000 opinion said the Richland Parish Police Jury could prohibit or regulate trash burning by ordinance under R.S. 33:1236. Its ordinance could set restrictions and penalties, but could not…
Could a Washington municipality spend lodging tax revenue on a privately owned tourism facility?
The Attorney General concluded in 2000 that lodging tax revenue could fund acquisition or operation of a tourism-related facility only when the municipality held an ownership interest, potentially…
Can a New York village charge for use of its public docks with a parking meter, and run boat parking tickets through a village traffic court?
The village may use meters to collect dock fees but cannot run boat parking tickets through a traffic violations bureau. The AG concluded that Village Law § 4-412(3)(8) lets a village charge for use…
Could the South Dakota State Auditor set a cutoff time after which late-arriving wage garnishment summonses would not attach to an already-printed state employee paycheck, so the payroll system could be fully automated?
Not under existing statutes, but the Legislature could add one. The AG concluded that SDCL 21-18-12 and 21-18-40 fixed garnishee liability at the moment a summons was served, so neither the Auditor…
Could a Louisiana judge suspend indigent defender court costs and order probation payments to the criminal court fund?
The AG said the court had discretion to suspend costs under R.S. 15:146 and could order a probation payment to the criminal court fund under C.Cr.P. Art. 895.1(B).
Could Madison Parish waive utility fees and use tax-adjudicated property sales to pay a judgment?
The 2000 opinion generally rejected free water, sewer, or garbage service, but recognized a formally adopted need-based welfare program and limited credits described in an earlier opinion. It said…
Could Lake Providence require board approval for police hires and refuse bills outside its approved budget?
The 2000 opinion said police hiring followed the chief's recommendation and mayor-and-board approval, and the mayor could refuse to pay bills or salaries without a governing-body appropriation.
Could Lake Providence contract with a parish garbage district to collect waste inside town?
The 2000 opinion said yes. Although a parish garbage district's territory excluded municipalities, the town and district could agree on a joint solid-waste undertaking under the…
Could the Louisiana Credit Union League organize as an LLC even though LLCs could not be formed for banking?
The 2000 opinion said yes, provided the league was not formed to conduct banking. The requester described it as a credit-union service organization that took no deposits and made no loans.
Did a psychologist's Louisiana LLC need its own malpractice surcharge to join the patient compensation fund?
The 2000 opinion said the LLC could qualify without another surcharge if its psychologist owner was qualified and provided health care on its behalf. The LLC also had to meet the Act's eligibility…
When did property-tax interest and penalties begin if Louisiana's 2000 tax rolls were filed late?
The 2000 opinion said interest and penalties should begin 45 days after a late tax-roll filing, rather than on December 31. For rolls filed on time by November 15, it retained the December 31…
Was St. Martinville's sewer-project bid addendum valid when it added an early-completion incentive?
The 2000 opinion said the addendum was timely under the then-applicable 72-hour rule, which excluded weekends and legal holidays. The city could award the contract with the incentive to the lowest…
Who had to house and pay for North Hodge prisoners charged under state law or local ordinances?
The 2000 opinion said the sheriff had to accept people charged with state crimes and the parish paid their jail costs. For local-ordinance charges, it placed the incarceration responsibility on the…
Could Caddo Parish schools receive education fund earnings directly and use them for copiers or security equipment?
The 2000 opinion said the school board, not individual schools, had to spend the fund earnings. It said copiers, projector bulbs, and security equipment could qualify if a supported request showed a…
Did Louisiana's public-funds rule bar a proposed Medicaid transfer plan with parish nursing homes?
The 2000 opinion said the described state-and-nursing-home transfer plan did not violate Louisiana's public donation restriction. It expressly did not assess whether the plan complied with federal law.
Does a public board's committee meeting become an open meeting if a quorum of the full board shows up?
The Attorney General concluded that a committee of the Edwards Aquifer Authority's board, normally not covered by the Open Meetings Act, becomes subject to the Act once enough other board members…
When does an arrested person become the county sheriff's responsibility in Texas?
The Attorney General concluded that a person arrested by another law enforcement agency, and hospitalized because of that arrest, becomes the sheriff's responsibility the moment a magistrate issues…
Is a public hospital district's building tax-exempt if it's leased to private doctors?
The Attorney General concluded that a building the Karnes County Hospital District owns but leases to private physicians for their own medical practice is not exempt from property tax. To qualify,…
Could a Connecticut bank report suspected elder exploitation and share a customer’s account records with protective services?
The AG concluded that bank staff could report suspected exploitation of an older customer to Protective Services for the Elderly, sharing the person’s name, address and nature of concern. Further…
Was the University of Connecticut a water company under the watershed land development restrictions?
The Attorney General concluded that UConn was not a “water company” under the narrow statutory definition governing watershed land development restrictions. A separate water quality provision…
Could Connecticut health inspectors review a hospital employee's personnel file without consent or a summons?
The Attorney General concluded that health inspectors could obtain needed institutional employee records during an inspection or investigation without the employee's consent or an administrative…
Could family-controlled trusts put a Connecticut package-store owner over the two-permit limit?
Possibly. The Attorney General said the Wallingford permit could be barred if the liquor-control agency found that disqualified family members controlled the trusts and corporation behind it. The…
Can Fort Worth police and firefighters retire on pension for a line-of-duty injury under section 143.073?
The Attorney General concluded that Fort Worth's retirement fund, which covers all city employees, is not a 'fire fighter's or police officer's pension fund.' Because Local Government Code section…
Could a Maryland HMO member privately pay an out of network doctor without the balance billing ban applying in 2000?
The AG concluded in 2000 that an HMO member could knowingly and voluntarily make a private contract for services outside HMO coverage and agree to pay the provider's full charge. If no genuine…
Can a kid under 14 be hired to sign up newspaper subscribers in Texas?
The Attorney General concluded that a child under 14 generally cannot be employed to solicit newspaper subscriptions, because Texas law classifies solicitation as a hazardous occupation closed to…
Does a Texas state board have to follow the Open Meetings Act when its members attend a legislative hearing?
The Attorney General concluded that when a quorum of a state board attends a legislative committee hearing and one or more members joins in discussing matters within the board's jurisdiction, the…
Can a private citizen be charged under the Open Meetings Act for lobbying county commissioners one at a time?
The Attorney General concluded that a private citizen who, on their own initiative, goes to county commissioners one by one to urge them to put an item on the agenda or to vote a certain way does…
Can the elected mayor of a North Carolina town also serve as Tribal Chairman of the Lumbee Indian Tribe, or does North Carolina's dual office holding rule force the mayor to give up one of the positions?
Yes. The 2000 opinion concluded that Pembroke mayor Milton R. Hunt could also become Lumbee Tribal Chairman. The AG found that the tribal position was created through the Lumbee people's choice of…
Could Louisiana lawmakers use Interim Emergency Board mail-ballot rules to approve casino support contracts?
The 2000 opinion said the legislature could use the mail-ballot procedures in La. R.S. 39:461.1 for casino support-service contracts because La. R.S. 27:247 allowed mail voting but gave no…
When could Louisiana's dental board release the result of a disciplinary decision during an appeal?
The 2000 opinion said the board committee's decision became final when it reached a final decision after hearing the evidence. The board could then release the result during the judicial-review…
Did creating an assessment district end the Plaquemines school board's share of assessor equipment costs?
No. The 2000 opinion said the district funding replaced salary-and-expense deductions from tax receipts, while the police jury still had to buy assessor equipment under R.S. 33:4713 and bill tax…
Could Rosepine forbid off-duty officers from taking town police cars home outside the town limits?
The 2000 opinion said Rosepine could restrict personal use by ordinance, including ordinary commuting. The ordinance could not prevent an elected chief from assigning vehicles for official law…
Could St. James Parish waive rental fees at one recreation district's park while charging at others?
The 2000 opinion said yes. The council could waive District 5's park fees without waiving fees elsewhere, but it should amend the existing ordinance that imposed fees and deposits across the districts.
Did Lafourche Parish's president have to enforce council resolutions giving its clerk a vehicle and benefits?
The 2000 opinion said council resolutions lacked the force of law under Lafourche's charter, so the parish president had no duty to enforce them. The council could appoint its clerk by resolution,…
Did a Louisiana visitors bureau need police jury approval before using its annual budget?
The AG said the Monroe-West Monroe Convention and Visitors Bureau did not. It treated that bureau as an independent political subdivision, outside the budget approval rule for parish-created commissions.
Could St. Bernard Parish's reelected president receive a raise approved during his prior term?
The 2000 opinion said yes. The parish council had approved the raise in 1998, and the charter and ordinance barred it only during the term in which it was enacted; the new salary took effect when…
How did Maryland's Health Care Decisions Act address feeding tubes and advanced dementia in 2000?
The AG concluded in 2000 that a facility could not use a feeding tube when reasonable feeding by mouth met the patient's needs. It treated tube feeding as a life sustaining procedure subject to the…
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Two states are not listed and are not pending: New Hampshire publishes its opinions on a page that automated retrieval cannot read, and Rhode Island publishes no complete full-text archive at all. We will add them if that changes.