State AG Opinions
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Does a New York town board of assessment review member have to recuse from voting on their own property's tax assessment?
Yes, as a matter of common-law obligation, the AG concluded. State law (Real Property Tax Law § 523) requires disclosure but does not require recusal, so a member cannot be disciplined under State…
Can a volunteer firefighter from one New York company help fight fires in another company's territory where he lives or works?
Yes, on a recurring basis if structured under the statute. General Municipal Law § 209-i(1-a) allows a volunteer firefighter to offer his services to a different fire company in an area where he…
When must a Texas quarry or pit have a safety barrier near a road?
The Attorney General concluded that the Railroad Commission's rule defining an 'unacceptable unsafe location' under the Texas Aggregate Quarry and Pit Safety Act was a valid, reasonable reading of…
Can a New York town clerk also serve as a fire district commissioner for a fire district inside that town?
Yes. The AG concluded the two offices are compatible. A fire district is a separate political subdivision from the town, so neither office supervises the other. Because the commissioner must file an…
Can a New York town supervisor also serve as the town librarian?
No. The AG concluded the offices are incompatible. The supervisor sits on the town board, which appoints the library board, which selects the librarian and sets the librarian's salary. The…
Can a Texas county clerk take a fee out of a refunded cash bail bond?
The Attorney General concluded that a county or district clerk may withhold an administrative fee from a refunded cash bail bond under section 117.055 of the Local Government Code. Article 17.02 of…
Can a Texas river authority force septic tank owners to hook up to its sewer system?
The Attorney General concluded that the Upper Guadalupe River Authority, unlike a city, has no authority to compel septic tank users to connect to a sewage disposal system. A river authority may…
Can a Texas state council use its federal grant money to lobby the legislature?
The Attorney General concluded that the Texas Council for Developmental Disabilities is a state agency that uses appropriated money, so the lobbying ban in the General Appropriations Act and chapter…
Does the Texas Open Meetings Act apply to a joint city-county staff committee?
The Attorney General concluded that a three-member committee of staff appointed by Harris County, the City of Houston, and the Houston Independent School District to coordinate the sale of…
Did three convictions at one South Carolina municipal-court appearance count as one first offense for expungement?
The assistant deputy attorney general concluded that multiple convictions from one court appearance were separate offenses, so the first-offense expungement provision did not apply. He emphasized…
Can a New York county legislature appoint one of its own members to the county planning commission?
No. The AG concluded a governing body may not appoint one of its own members to another public position. The Schuyler County Legislature could not appoint a legislator to the County Planning…
Does a village justice lose his office if he temporarily moves outside the village while his new house is built?
No. The AG concluded a village justice may retain office during a temporary residence outside the village. Public Officers Law residency requirements use 'domicile' as the standard, and domicile…
Can a New York town adopt a local law that expands when alternate ZBA members can fill in for regulars, beyond what Town Law § 267(11) allows?
Yes. The AG concluded a town may supersede Town Law § 267(11), which only allows alternates when regular members have conflicts of interest. Under Municipal Home Rule Law § 10(1)(ii)(d)(3), the town…
Does a town have to give special notice before voting to make trash collection mandatory for all residents?
No special notice was required beyond FOIA's normal agenda rules, under the law as it stood in 1999. The AG found the Town of Townsend properly listed "Mandatory Trash Collection For All Residents"…
When a county board creates a hospital authority, can the county reserve the right to change the size of the authority's board later, or does only the hospital authority itself have that power?
Only the hospital authority itself. The AG concluded that § 131E-18(a) expressly grants the power to increase or decrease the number of hospital authority commissioners to 'the commissioners'…
When did South Carolina's vehicle proof-of-insurance requirement apply to a newly purchased car?
The assistant deputy attorney general repeated an earlier opinion that the cited insurance charge attached only after the vehicle's registration and licensing application was approved. He said an…
Would Kentucky's proposed 2000 ban on below-cost gasoline sales survive constitutional review?
The Attorney General predicted that a court would find the proposed motor-fuel pricing bill unconstitutional under Kentucky's ban on arbitrary power because its cost formulas included store…
Could Louisville require residents to lock up concealable firearms by city ordinance in 1999?
The Attorney General concluded that Louisville's ordinance requiring concealable firearms to be locked when not carried was invalid. State law expressly barred cities from regulating firearm…
Can a citizen file a FOIA complaint against a state agency like the Department of Transportation?
No, under the law as it stood in 1999. The AG dismissed a citizen's complaint against the Delaware Department of Transportation because FOIA bars complaints against any state department the Attorney…
How much does a Texas county have to pay its county court-at-law judges?
The Attorney General concluded that a county opting to collect the extra court costs and fees under section 51.702 of the Government Code must set its county court-at-law judges' pay under section…
Can a Texas county pay county court-at-law judges from the court fees it collects?
The Attorney General concluded that sections 25.0005 and 25.0016 of the Government Code do not conflict, so a county can comply with both. Section 25.0016 says the excess court fees the state sends…
When does a Texas county 'initially' start collecting court fees for the judge salary rule?
The Attorney General concluded that, for the alternative county court-at-law judge salary formula in section 25.0005(e), a county 'initially begins collecting fees and costs under section 51.702' in…
Does a Texas county clerk have to record a domestic partnership declaration?
The Attorney General concluded that a county clerk is not required to accept for recording a 'declaration of domestic partnership,' a document in which two unmarried people who live together swear…
Which magistrate-court tasks could a South Carolina county contract to a private company?
The assistant deputy attorney general concluded that a private company could help monitor compliance and perform administrative tasks under court supervision. Judges had to retain sentencing…
Did South Carolina require fingerprints when a juvenile was charged only with carrying a gun onto school property?
Yes. The assistant deputy attorney general concluded that a juvenile taken into custody and charged with carrying a firearm onto school property had to be fingerprinted. He read the carrying itself…
Can the NC legislature constitutionally give direct cash grants and low-interest loans to homeowners, farmers, and small businesses devastated by a hurricane?
Yes, in the AG's view. After Hurricane Floyd flattened eastern North Carolina, Senate leader Basnight and Speaker Black asked whether direct grants and below-market loans to individual victims would…
Could Idaho voters legalize 'small stakes' video bingo, keno, blackjack, and poker machines in liquor-licensed establishments by initiative?
No. The proposed Idaho Code 23-929 would have allowed up to five video bingo, keno, blackjack, draw poker, or 'reel' machines in liquor establishments. The AG concluded this was casino gambling…
Could a South Carolina municipal election commissioner join a campaign, display a bumper sticker, or sign a ballot petition?
The assistant attorney general read the statute as barring a commissioner from campaigning even in a presidential race. Ordinary party activity was not necessarily barred, a campaign bumper sticker…
Could an Aiken election commissioner chair a legislative campaign, and did the city have to remove that commissioner?
Serving as a volunteer campaign chair appeared to violate the political-activity ban, but the assistant attorney general left a final fact finding to Aiken's city council. The statute allowed…
Does a closed-door kickoff meeting between city staff, state officials, and a hired consultant violate Delaware's open-meetings law?
No, under the law as it stood in 1999. The AG found that a meeting between City of Newark employees, state transit officials, and a private engineering consultant to review a parking study contract…
Was a homeowner who sheltered evacuees as a volunteer protected from simple-negligence claims?
The assistant attorney general said federal and state volunteer protections should shield a homeowner from simple-negligence liability when sheltering evacuees on behalf of a nonprofit or the state,…
Can a city council member keep a tax abatement on property they own?
The Attorney General concluded that the Tax Abatement Act does not stop a property owner from being elected to the city council that granted the abatement, but section 312.204(d) of the Tax Code…
Can a Texas mayor or city manager sign a lease that binds the city?
The Attorney General concluded that, as a general rule, a city mayor or city manager acting outside his or her prescribed authority cannot bind the city to a lease for a governmental function when…
Does writing 'signed under duress' next to my signature void the agreement?
The Attorney General concluded that writing words like 'forced to sign under threat, duress and coercion' or 'non assumpsit to the contents of this document' under a signature on a state document…
Can a Texas city create a tax increment reinvestment zone in a thriving area?
The Attorney General concluded that a city may not designate a tax increment financing reinvestment zone, including one created through the property-owner petition route in section 311.005(a)(5),…
Can a non-veteran be a veterans county service officer in Texas, and how is it challenged?
The Attorney General concluded that a person who is not a veteran of the armed forces is ineligible to serve as a veterans county service officer, except for a widowed Gold Star Mother or…
Can Texas charge property tax on a travel trailer I already paid sales tax on?
The Attorney General concluded that taxing a travel trailer that has been affixed to land and is taxable as personal property is not, by itself, impermissible double taxation. A trailer attached to…
What can a Texas county do with the interest earned on motor vehicle inventory tax escrow accounts?
The Attorney General concluded that interest earned on a motor vehicle inventory tax escrow account could be used only to defray the cost of administering the tax-prepayment procedure, not for…
Does a Texas deputy constable have to live in the precinct where he works?
The Attorney General concluded that no statute or constitutional provision required a deputy constable to live in the precinct for which he was appointed. The Election Code's residency requirement…
Which South Carolina assessment percentages applied when a court fine was paid in installments?
The assistant deputy attorney general concluded that the newer assessment percentages for general sessions, magistrate, and municipal courts controlled how installment payments were allocated. He…
Can the Governor of North Carolina, after declaring a state of disaster, create new flood-relief programs for citizens not eligible for federal aid, and pay for those programs by shifting money out of regular state agency budgets, or does that have to wait for a legislative appropriation?
The Governor may do it, but only out of regular agency appropriations and with Council of State concurrence. AG Mike Easley's office concluded that G.S. § 166A-6(c)(5) lets the Governor, during a…
Did the new SBI Director, Bryan Beatty, have legal authority to take the North Carolina criminal justice officer's oath of office, given that he had not completed the Chapter 17C certification requirements that other certified officers must meet?
Yes. AG Mike Easley's office (through General Counsel Andrew Vanore) concluded that N.C.G.S. §§ 114-12 and 114-14, enacted in 1937, make the Director of the SBI a law enforcement officer by statute,…
Can a state agency hand an employee's bank account information to a private third-party administrator that runs the agency's flexible spending account program?
The AG concluded yes. Because Aon Consulting was acting as NC Flex's contractual agent (not an outside entity), giving Aon the direct-deposit data needed to pay claims wasn't a disclosure prohibited…
Could a South Carolina municipal judge require an officer to explain a traffic-case dismissal request?
The assistant deputy attorney general thought a municipal judge generally lacked authority to demand the arresting officer's reason for seeking dismissal of a misdemeanor traffic case. He noted that…
When a Minnesota statutory city holds a special election to fill the remainder of an unexpired mayoral term, when does the appointed mayor's tenure end and the newly elected mayor's term begin?
Upon qualification of the elected mayor. The AG concluded that the person elected at the special election may take the oath and assume office as soon as they receive a certificate of election. The…
Could the NC Private Protective Services Board start issuing 'temporary' private-investigator trainee permits so applicants didn't have to wait two months for the next board meeting?
The Attorney General said the Board lacked authority to issue the proposed temporary trainee permit before reviewing qualifications and could not delegate permit approval to its Administrator. The…
Would South Carolina owe money if its Patient's Compensation Fund became insolvent through mismanagement?
The assistant deputy attorney general thought the state should not be liable under the fund statutes and immunity defenses if the fund became insolvent through mismanagement or negligence. He said…
Could Connecticut conditionally approve off-track wagering on Australian horse races?
The AG said Connecticut’s off-track betting statute allowed wagers on races outside the state, including Australian races. He found the proposed lawful pari-mutuel activity was not barred by the…
Does a nonprofit research organization like Research Triangle Institute have to register with the NC Engineering Board before doing engineering work in the state?
Yes, if the nonprofit is actually engaged in the 'practice of engineering' as the statute defines it. The opinion drew a line between pure research or teaching (exempt) and contractual engineering…
When do Texas county salary increases take effect if the budget is adopted after the fiscal year starts?
The Attorney General concluded that when a county's budget is not adopted until after the new fiscal year has begun, salary increases for county officers and employees took effect on the date the…
Can the Texas Legislature appropriate money to a state agency to give to a private out-of-state endowment?
The Attorney General concluded that the Legislature may not appropriate state funds to a state agency to transfer to a private, out-of-state endowment unless the appropriation meets several…
Can a Texas city require street vendors to get a permit, or ban them outright?
The Attorney General concluded that a Type A general-law city could not prohibit the occupation of street vending, but could reasonably regulate the sale of merchandise on its streets, sidewalks,…
If a Texas police officer is hurt on duty, can the city offset his workers' comp against his full pay?
The Attorney General concluded that when a municipal police officer is injured in the line of duty, the full pay he is entitled to under section 143.073(a) of the Local Government Code completely…
Can Maine give its Penobscot and Passamaquoddy tribal representatives a vote in the Legislature, and what privileges can they get without it?
The Maine AG concluded that letting a Tribal Government Representative cast a counting vote on the House floor would violate both the U.S. and Maine Constitutions under the 'one person, one vote'…
Could an unlicensed Maryland accountant issue compilation or review reports on financial statements in 1999?
The AG concluded in 1999 that an unlicensed accountant could issue compilation and review reports under the relevant professional standards if the report disclosed that the preparer was not licensed…
Did Kentucky's 1988 state lottery amendment authorize video lottery terminals?
The Attorney General concluded that Kentucky's state lottery exception did not authorize video lottery terminals. In the opinion's view, the legislature would need a further constitutional amendment…
Could a South Carolina county spend court victim-assistance assessments on unrelated projects?
No. The assistant attorney general concluded that local revenue from the cited court assessments and surcharges had to be used exclusively for victim services. Required programs came first;…
Can a Texas city require beginning fire fighters to be U.S. citizens?
The Attorney General concluded that state law does not stop a civil service commission governed by chapter 143 of the Local Government Code from requiring applicants for beginning fire fighter…
Can a Texas home-rule city limit how many building permits it issues each year?
The Attorney General concluded that nothing in federal or Texas law stops a home-rule municipality from limiting the number of building permits it will issue in a given period, even without an…
Can a Texas city spend leftover tax increment funds outside the zone after the zone ends?
The Attorney General concluded that chapter 311 of the Tax Code does not let a city undertake or complete a reinvestment zone project in a way that departs from the board of directors' project and…
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