State AG Opinions
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Could South Carolina’s Patients’ Compensation Fund assess a former member for claims from its membership period?
The 2000 AG read the assessment provision as applying only to current fund members and deferred to the board’s matching interpretation. It also advised that a former member retained coverage for an…
Could a Louisiana assessor employ the assessor-elect before the new term began?
The 2000 opinion said yes. The assessor-elect had not yet taken office, so employment in the incumbent assessor's office before the new term would not itself create simultaneous officeholding; the…
Can a Texas city manager or city attorney see confidential police personnel files?
The Attorney General concluded that information made confidential by section 143.089(g) of the Local Government Code, the police or firefighter department personnel file, may be released to the city…
Is a travel trailer on rented land taxed as real property or personal property in Texas?
The Attorney General concluded that section 1.04(3)(B) of the Tax Code does not rule out, as a matter of law, treating a travel trailer on someone else's land as an 'improvement' taxable as real…
Does a Texas city have to bid out a contract for temporary garbage collection workers?
The Attorney General concluded that a city's contract with a temporary day labor agency for garbage collection workers can be exempt from competitive bidding under Local Government Code section…
Could a South Carolina school district return tax money to support a private company’s relocation?
The 2000 AG said a district could spend its allocated funds for that purpose only if the payment served both a public and a district corporate purpose and did not violate a trust restriction. It…
Are members of the North Carolina Emergency Response Commission, and members of Local Emergency Planning Committees the commission appoints under Executive Order 125, protected by the state's tort claims coverage, defense by the Attorney General, and statutory immunities when they act in their commission roles?
Yes, all of them. AG Mike Easley's office concluded that state employees on the commission have full state coverage; non-state-employee commissioners appointed by the Governor are 'agents of the…
Can a state licensing board withhold confidential records from a federal EEOC discrimination investigation?
The Attorney General concluded that it could not. Section 164.007 of the Occupations Code makes the Texas State Board of Medical Examiners' investigative files on license applicants confidential,…
Was Harahan's term limit ordinance valid if adopted before the state authorization took effect?
The AG said yes. Harahan adopted the ordinance August 5, 1993, and it became law when the mayor signed it August 10, five days before the new statute took effect. The AG found no existing law that…
Could Louisiana's substance abuse counselor certification board contract out application reviews and exams?
The 2000 opinion said the board could contract out the investigation part of certification because no law prohibited it. It treated the proposed contract as subject to state consulting service…
Who paid for Washington SSOSA treatment when a sex offense was charged before age 18?
The Attorney General concluded in 2000 that the Department of Corrections, rather than the county, paid for treatment under a special sex offender sentencing alternative when the charge was filed…
Could South Carolina require grain dealers to pledge collateral when they guaranteed a state fund loan?
The 2000 AG said immediate Southern Soya claimants had to guarantee the loan but did not also have to pledge collateral. It read the loan provision’s guarantee language as a promise to pay, without…
If Oregon voters approved Measure 93 in 2000 to require voter approval of new taxes, would the state lose the ability to repay its bonds, raise loan interest rates, or use lottery money for debt service?
The AG concluded that Measure 93 would not impair the state's authority to issue bonds or COPs, levy taxes on existing GO bond programs, adjust state-program loan interest rates and fees, or repay…
Can the funeral arrangements in a prepaid funeral contract be changed after the person dies?
The Attorney General concluded that section 711.002(g) of the Health and Safety Code lets a person give written directions for the disposition of their remains in a signed prepaid funeral contract,…
Was a Maryland police accident report confidential in 2000 just because it named a child as a victim or witness?
The AG concluded in 2000 that the juvenile records confidentiality provision generally did not cover a police accident report naming a child only as a victim or witness, when no juvenile court…
Could a South Carolina public transit authority spend public money on a table at an appreciation dinner?
The 2000 AG said a public contribution to the dinner would need a sufficient public purpose. The program did not prove that the authority had paid anything, and the AG lacked facts to decide whether…
Can a Texas water district charge you a sewer fee if you refuse to connect to its system?
The Attorney General concluded that the Lower Valley Water District could assess a necessary fee on property owners who were able to connect to its sewer system but chose not to. Under Water Code…
Can a defense attorney post a client's bail bond in municipal court on their bar card alone?
The Attorney General concluded no. A bar card only shows State Bar membership, so a municipal court must require an attorney who acts as a surety on a client's bail bond to show evidence of the…
Could Connecticut correctional officers use paid military leave for weekend drills and keep pension credit during unpaid duty?
The AG concluded that eligible correctional employees could use up to three calendar weeks of annual paid military leave for either annual training or weekend drills. Unpaid military leave could not…
Did Connecticut’s AG decide whether a marina was primarily rental property based on area or income?
The AG declined to decide whether a marina was primarily used for rental income based on floor area or on income. The dispute was already in Superior Court, and he identified no controlling…
Could a Connecticut town spray mosquitoes beyond the state plan or stop state spraying in town?
The AG concluded that towns could conduct their own mosquito spraying where the state did not plan to spray, if they obeyed applicable law and did not interfere with the state program. A town could…
Could Seabrook Island issue occupancy certificates when Charleston County performed the building inspections?
The 2000 AG said the building official who performed the inspection should also issue the occupancy certificate. It concluded the town’s proposed ordinance separating those roles would conflict with…
Who owned the HEAT Center academic building in Harford County after a purported transfer to its community college?
The AG concluded in 2000 that Harford County retained ownership of the HEAT Center academic building. A 1993 letter purporting to transfer the building to Harford Community College did not meet the…
Can a Texas county treasurer appoint a deputy who can do everything the treasurer can?
The Attorney General concluded yes. A county treasurer may appoint a deputy treasurer under chapter 151 of the Local Government Code, provided the appointment follows that chapter's process, which…
Could an unlicensed person own a Maryland physical therapy business that hired licensed therapists in 2000?
The AG concluded in 2000 that an unlicensed person or entity could run a physical therapy business by contracting with licensed therapists or assistants to provide the care. A corporation providing…
Can a New York county use its home rule authority to require prior written notice of road defects only to the clerk of the legislative body, rather than to the clerk or the highway superintendent as Highway Law § 139 contemplates?
Yes. The AG concluded that Highway Law § 139(2) was not a 'general law' for home rule purposes because it applied only to counties that elected to adopt it. The Municipal Home Rule Law lets counties…
Could a Louisiana city council member also work as a university financial-aid counselor?
The 2000 opinion said the Natchitoches council member could hold the proposed Verification Counselor job at Northwestern State University. Although state employment and local elective office…
Can a Texas emergency services district adopt its own fire code, and what happens if a city or county code conflicts?
The Attorney General concluded that an emergency services district may adopt a fire code under Health and Safety Code section 775.036(b), but it must not conflict with the fire code of any…
Can a state licensing board inspect a podiatrist's office without a warrant?
The Attorney General concluded no. The Texas State Board of Podiatric Medical Examiners had adopted a rule letting it inspect podiatric practices on an unannounced basis, but the opinion found that…
Does a Texas county tax assessor-collector who collects the motor vehicle inventory tax still have to register with the state tax board?
The Attorney General concluded that taking the monthly reports and prepayments for the motor vehicle inventory tax is collecting taxes. An interlocal contract under Tax Code section 6.24(b) must…
Did the manufactured housing law give the state housing department power over unlicensed real estate brokers?
The Attorney General concluded that it did not. Section 6A of the Manufactured Housing Standards Act, added by House Bill 1193, does not give the Texas Department of Housing and Community Affairs…
Could a South Carolina school board member also chair a regional council of governments?
The 2000 AG said yes. It treated a county school board seat as an office but found constitutional provisions exempting regional council members who were elected or appointed government officials or…
Did Louisiana's 1999 victims-rights act apply to city courts as well as district courts?
The AG said the Act's references to “court” covered courts with criminal jurisdiction, including city courts, while excluding mayor's courts and justices of the peace. It distinguished that term…
Could Louisiana's tumor registry limit another state's indemnity promise to what that state's law allowed?
The AG said no. The proposed phrase “to the extent authorized” by the recipient state's law could leave Louisiana with less than the indemnification required by the statute governing exchange of…
Could Louisiana district courts use judicial expense funds to reimburse Judicial Compensation Commission members?
The 2000 opinion said yes. A judicial expense fund could pay commission members' actual expenses because the commission's work related to court administration; the same conclusion applied to other…
Could South Carolina’s Ports Authority help pay for a bridge it did not own or control?
The 2000 AG said state law did not prohibit a contribution to a bridge project within the Ports Authority’s statutory purposes solely because the authority lacked ownership or full control. It left…
Which South Carolina court could try driving-under-suspension cases after the 2000 amendment?
The 2000 AG read the amendment to place those cases in magistrate or municipal court, rather than general sessions. It also said cases tried within magistrate jurisdiction did not require a…
Could a South Carolina city charge a landlord to remove a tenant’s belongings after an eviction?
The 2000 AG thought a proposed charge would probably undermine, and perhaps contradict, the state rule requiring local officials to remove property from a public street. It acknowledged the statute…
Can a New York town contract with a private individual to be its dog control officer?
No. The AG concluded that Agriculture and Markets Law § 114(1) gave municipalities only two options: appoint an officer-employee directly, or contract with another municipality, an incorporated…
Can a New York county charge snowmobile users a fee to access county roads or public lands?
No. The AG concluded that the Parks, Recreation and Historic Preservation Law expressly bars municipalities from imposing fees for snowmobile use of public lands or waters, except the usual…
Could a South Carolina election commissioner run for county council while keeping the commission seat?
The 2000 AG said the commissioner had to resign on filing as a candidate because state law barred commission members from participating in a political campaign. It also said holding the election…
Could a South Carolina blind-services commissioner also lead a local private advocacy chapter?
The 2000 AG said holding both positions did not violate the state dual-office rule: the local nonprofit presidency was not a state office. It deferred a separate conflict-of-interest question to the…
Could a judgment creditor seize South Carolina county vehicles or equipment used for public purposes?
The 2000 AG read the county-property exemption to cover both real estate and personal property actually used as public property. On that reading, vehicles and equipment meeting that condition could…
Could Louisiana's Secretary of State restore a notary commission after the notary surrendered it?
The 2000 opinion said no automatic reinstatement was available. A former notary had to apply for a new commission and satisfy the statutory requirements before being commissioned again.
Could South Carolina car dealers send sales staff to an auto show where vehicle sales were forbidden?
The 2000 AG said yes if the staff only supplied information and made no offer, attempt or solicitation to sell a vehicle. The activity mattered more than the employees’ job titles.
Can a Texas real estate appraiser fill out the FHA Valuation Conditions form without an inspector license?
The Attorney General concluded yes. A state licensed or certified real estate appraiser who has voluntarily qualified with HUD to perform FHA mortgage insurance appraisals is authorized to complete…
Can someone serve as an elected constable and a city firefighter at the same time in Texas?
The Attorney General concluded that the common-law doctrine of incompatibility does not bar one person from simultaneously serving as an elected constable and a municipal firefighter. The…
Can a Texas sheriff keep drug-seizure reimbursement fees in a separate account and spend them at his own discretion?
The Attorney General concluded no. Money a sheriff collects when a judge orders a defendant to reimburse a law enforcement agency for analyzing, storing, or disposing of seized drug materials (Code…
Can a dissolving Texas hospital district donate its tobacco settlement money to a city, and does dissolution require an election?
The Attorney General concluded two things. First, the Ranger Hospital District could not, as part of dissolving, transfer its tobacco settlement funds to the City of Ranger to buy an ambulance…
Could Anderson County’s legislative delegation require a countywide school-tax increase?
The 2000 AG predicted a court would probably find that the delegation could not constitutionally raise local school-tax millage. The letter did not decide whether statutes otherwise granted the…
Could one person be Johnsonville’s city administrator, associate judge and school board trustee?
The 2000 AG thought the city administrator role was probably not a public office for the dual-office rule. It said the associate municipal judge and school board trustee roles were both offices and…
Did an older South Carolina transit authority have to follow new board-appointment rules?
The 2000 AG said the Pee Dee authority had to follow § 58-25-40 as earlier appointees’ terms expired, despite its choice to operate under pre-1985 law. Because it received state funds, the…
Were Lake Wateree’s motorboat noise rules too vague to enforce without a decibel limit?
The 2000 AG said the equipment-based boat rules and related penalties were specific enough to withstand a vagueness challenge. It noted that only a court could make a final constitutional ruling.
Can Nassau County, by local law, take zoning power away from the Town of Hempstead and give it to the Village of Atlantic Beach?
Yes. Nassau County may amend its County Charter by local law under N.Y. Const. Art. IX, § 1(h)(1) and Municipal Home Rule Law Article 4 to transfer the zoning function from the Town of Hempstead to…
If a Maryland police car's dashboard camera accidentally picks up someone's conversation without their consent, has the officer broken the state wiretapping law?
No. The opinion concluded that an officer using Montgomery County police car audio/video equipment according to department policy, whether during a consensual recording or a traffic stop, satisfied…
Can three members of a nine-member Texas state board pass or block a resolution, or does it take a majority of the whole board?
The Attorney General concluded that the 'affirmative vote of at least three directors' language in Agriculture Code section 58.014(b) does not let a three-member minority overrule a majority of the…
Could South Carolina candidates return an unneeded caucus donation without making a new contribution?
The 2000 AG said returning the full, lawfully received amount to the legislative caucus committee was not a new campaign contribution on the stated facts. The candidates did not earmark the money…
Could a Louisiana sheriff charge a bond fee when a traffic offender signed a promise to appear?
The 2000 opinion said no. A qualifying traffic offender released on personal recognizance by signing the citation's promise-to-appear section was not required to pay a sheriff's bond fee.
Who enforces Texas's rule against awarding architect and other professional-services contracts by competitive bid?
The Attorney General concluded that enforcement of the Professional Services Procurement Act is split among several officials. At the state level the Comptroller (and, as a backstop, the State…
Can a Texas Air National Guard officer be discharged for lacking professional qualifications based on a unit commander's policy letter?
The Attorney General concluded it was not illegal to discharge a member of the Texas Air National Guard under TANG Regulation 36-05 for 'lacking in professional qualifications or status,' even where…
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