State AG Opinions
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Did South Carolina municipal judges receive magistrates' statutory arrest powers?
The AG concluded, with stated uncertainty, that § 14-25-45 did not appear to give municipal courts the separate arrest powers granted to magistrates by §§ 22-5-140 and 22-5-150. The office read…
Can a city council member get a copy of the tape of a closed meeting they missed?
The Attorney General concluded that a member of a governmental body may review the tape recording (or certified agenda) of a closed meeting even if the member did not attend it, and that the body…
Can a prosecutor require a donation to a charity as a condition of pretrial diversion?
The Attorney General concluded that a county attorney may not condition pretrial diversion on the offender paying $1,500 to a nonprofit organization, even one the county attorney and his assistants…
Can a Texas city's 4B economic development sales tax be spent on promotion instead of projects?
The Attorney General concluded that sales and use taxes levied under section 4B of the Development Corporation Act of 1979 may only be used to pay or finance project costs. They may not be spent on…
Can a nurse anesthetist in Texas give anesthesia without a physician directly supervising?
The Attorney General concluded that when a certified registered nurse anesthetist selects and administers anesthesia and cares for an anesthetized patient, that is the practice of professional…
Does closing a county road in Texas require a unanimous commissioners court vote?
The Attorney General concluded that closing a public road requires a unanimous vote of the commissioners court, and that this applies whether the road is a through street or a cul-de-sac. Section…
Can a Texas school district give back pay to an employee who was suspended and later acquitted?
The Attorney General concluded that a school district may award back pay to employees who were indicted, suspended or terminated, and later acquitted and reinstated, but it is not required to. The…
Does a Texas police department need a private security license to offer alarm monitoring?
The Attorney General concluded that a city police department is not subject to licensing by the Texas Board of Private Investigators and Private Security Agencies under chapter 1702 of the…
Could a South Carolina high school remove a sexually explicit book from its library?
The AG said Chester's school board could remove Beginner's Love from its high school library without violating the First Amendment because the book met the office's view of pervasive vulgarity. It…
Did Georgetown County's water district have to elect its board instead of using the 1967 appointment law?
The AG said the 1967 act's appointment method governed the Georgetown County Water and Sewer District. Although the court had not expressly compared that method with the general election statute,…
Can a Texas school district spend money on a private foundation's safety program?
The Attorney General concluded that article III, section 52 of the Texas Constitution does not stop a school district from spending district funds or resources on 'Texas Safe Sports Week'…
Are Texas police protected when escorting a domestic violence victim to get their belongings?
The Attorney General concluded that article 5.045 of the Code of Criminal Procedure protects a peace officer who escorts a victim of family violence back to the residence to retrieve personal…
Can a charitable raffle in Texas give away a certificate of deposit as a prize?
The Attorney General concluded that a certificate of deposit may not be offered as a prize at a charitable raffle. The Charitable Raffle Enabling Act bars offering 'money' as a prize, and although a…
Did a South Carolina school trustee's new term begin when she was reelected and sworn in?
No. The AG said the trustee's new term began July 1, 1999, after her prior term ended June 30, even though she was reelected and sworn in during May. An early oath did not accelerate the statutory term.
Could South Carolina responders compel a blood test after exposure to contaminated saliva?
The AG said testing probably could be compelled under § 44-29-230 for a person under arrest or in qualifying custody, subject to the statute's conditions. It could not recommend applying the law to…
Could South Carolina compel a blood test when an exposed person's source refused consent?
The AG said compulsory testing probably was available for an arrestee or a person in qualifying custody under § 44-29-230, if its conditions were met. It cautioned against extending the law to every…
Does a Delaware school district violate FOIA by not producing an advisory committee's report if the committee was never actually formed?
No, under the law as it stood in 1999. The AG found the Brandywine School District did not violate FOIA by failing to provide the names of a District Advisory Committee or its report and…
Could Florence City Council give a zoning amendment first reading before the public hearing?
Yes. The AG said Florence could give the proposed zoning amendment a first reading before the planning commission's public hearing, provided the hearing occurred before the second reading that…
Can a researcher force the NC Employment Security Commission to rebuild its workforce-tracking database to use anonymized identifiers so the data can be analyzed without exposing Social Security numbers?
No. NC's Public Records Act does not require a state agency to create a new database it does not already maintain. The Common Follow-Up System links student and worker records by Social Security…
Could Connecticut count hypothetical good time credits toward an inmate’s community placement date?
Applying Velez, the AG advised the correction department to stop subtracting hypothetical good time from the half-sentence threshold for community placement. Inmates already placed before reaching…
Could a South Carolina attorney use the mortgage-satisfaction statute to release only part of the property?
No. The AG said the mortgage-satisfaction provision did not address releasing only part of the collateral when the mortgage was not paid in full. Whether a partial release could be made through an…
Can a Texas court order the relative a truant child lives with to bring the child to court?
The Attorney General concluded that a court hearing a truancy case may compel a juvenile who lives with a custodian, an adult the child resides with such as an aunt, uncle, or grandparent, to appear…
Does a Texas 4B economic development corporation have to follow public bidding rules when it sells land?
The Attorney General concluded that a section 4B development corporation is not a 'political subdivision,' so it does not have to follow section 272.001 of the Local Government Code, the…
Can a Texas hospital district board meet in closed session to review a doctor's competence or hospital privileges?
The Attorney General concluded that a hospital district's governing body acts as a medical peer review committee under the Medical Practice Act when it decides whether a physician should receive…
When calculating an NC Supreme Court Justice's longevity pay, does service as Administrative Office of the Courts director or assistant director count? What about service as an assistant district attorney?
The AG concluded that AOC director and assistant director service counts toward longevity for a NC Supreme Court Justice, because those positions were already explicitly equated with…
In New York, can the lawyer who represents a fire district also be a volunteer firefighter in that same department?
Yes, the offices are not per se incompatible. The AG reasoned that because Town Law § 175(3) lets a volunteer firefighter serve on the fire commission (making policy), the same firefighter may also…
Can a New York town ban its civilian employees from carrying their licensed firearms while on duty?
Yes. The AG concluded a municipality may prohibit on-duty firearm possession by employees with full carry licenses. A pistol license is a privilege, not an absolute right. Penal Law § 400.00(6) bars…
Can a dental practice pay a management company a percentage of practice revenues, or must the fee be tied to specific services? And what contract terms cross the line into the unlicensed practice of dentistry?
Revenue-based fees turn the management company into a participant in the practice (illegal). Fee-for-service compensation, where the management company is paid based on the value of services…
Can Texas public universities consider race in awarding financial aid after Hopwood?
The Attorney General withdrew a 1997 letter opinion (LO-97-001) that had read the Fifth Circuit's Hopwood decision to bar Texas public universities from considering race in any higher-education…
Would South Carolina's AG settle a boundary dispute between a special district and another local government?
No. The AG's office said it generally did not advise or intervene in boundary disputes between a special district and another political subdivision, regardless of when the district was created.…
Did members of a South Carolina county disabilities board have to be U.S. citizens?
The AG said a member of the York County Board of Disabilities and Special Needs held public office and, under its reading of the state constitution, had to be a U.S. citizen to be properly…
Can a Texas city give a tax abatement for moving a building to a new spot on the same property?
The General Land Office asked whether moving a structure from one spot to another on the same property counts as a 'specific improvement or repair' that can support a tax abatement under chapter 312…
Does a large Texas city have to spend half its hotel tax on tourism advertising?
The Attorney General concluded that the rule in section 351.103(a) of the Tax Code, which makes a large municipality spend at least half its hotel occupancy tax revenue on tourism and convention…
Can a Texas county trade its surplus equipment for goods instead of cash?
The Attorney General concluded that a county has no authority to exchange surplus property for non-monetary consideration. Sabine County had received a bid offering rock worth $20,000 for surplus…
Can a Texas juvenile court hear a truancy case against a 17-year-old?
No. The Attorney General concluded that a juvenile court could not hold an adjudication hearing for someone referred as a truant by a justice or municipal court when the conduct behind the referral…
Does a Texas county clerk have to collect reimbursements when one county pays another county's mental health proceeding costs?
No statute imposes that duty on the county clerk. The Attorney General concluded that a county clerk had no statutory duty to collect the reimbursements a county might be owed for mental health…
When DC General Hospital was reorganized into the Public Benefit Corporation in 1997, did an arbitration award issued to nurses days before the transition transfer to the PBC, or stay with the disappearing hospital?
It transferred. Section 207(a)(4) of the 1996 Public Benefit Corporation Act transferred all 'functions, assets, property, records and obligations' from DCGH to the PBC. 'Obligations' includes…
Was the 1891 Texas law that disincorporated the City of San Elizario constitutional?
Yes. The Attorney General concluded that the 1891 special act repealing the Legislature's earlier incorporation of San Elizario violated neither section 56 nor section 57 of article III of the Texas…
Can a Texas county road commissioner buy county auto parts from a company he owns?
No. The Attorney General concluded that under Transportation Code sections 252.005 and 252.006, a county commissioner acting as precinct road commissioner could not purchase, or authorize precinct…
Could a South Carolina municipal judge run for county solicitor while still serving as a judge?
The AG found no statute or constitutional provision barring a municipal judge from seeking the solicitor’s office. It declined to decide whether judicial conduct rules created a conflict and…
If a North Carolina statute (G.S. § 7B-3400) says minors are subject to their parents' supervision and control 'notwithstanding any other provision of law,' does that wipe out the separate minor-consent statute (G.S. § 90-21.5) and let parents stop a county health department from giving birth control to a teenager without their consent?
No. AG Mike Easley's office concluded that the two statutes address different subjects and do not actually conflict. G.S. § 7B-3400 sits in Article 34 of the Juvenile Code and is about getting…
Could the Irmo-Chapin Recreation District build and operate Saluda Shoals Park?
Yes. Based on the facts presented, the AG concluded that the district’s statutory powers to establish and operate recreational facilities covered Saluda Shoals Park, and the law supplied funding…
What are the legal limits on the Minnesota State High School League's board term dates, credit transactions, committee minute-keeping, gift-giving, and retreat expenses?
The 1999 amendment made League board terms run August 1 to July 31 (no longer governed by § 15.0575's January end date). Direct billing arrangements with hotels and airlines aren't credit cards. The…
Can a Texas school deny perfect-attendance rewards after a religious or qualifying medical absence?
No. The Attorney General concluded that a school may not deny a 'perfect attendance' benefit, such as skipping a test or final exam, to a student whose absence was excused under Education Code…
Can a Texas county collect the extra statutory-county-court fees and costs under Government Code section 51.702?
A county commissioners court could authorize collection of the fees and costs under Government Code section 51.702, relying on a Wichita County district court declaratory judgment that upheld the…
What procedures can a Texas therapeutic optometrist perform after the 1999 change to the surgery definition?
The Texas Optometry Act forbids a therapeutic optometrist to perform surgery. After the 76th Legislature added a statutory definition of 'surgery' in 1999, that definition controls. The Attorney…
Can the Texas Court Reporters Certification Board reject or penalize a court reporting firm's registration?
No to both. The Attorney General concluded that the Board had a mandatory duty to accept a correctly completed registration application from a court reporting firm; registration just identifies the…
What state benefits did Connecticut special deputy sheriffs receive automatically under the 1997 act?
The AG distinguished benefits already supplied by statute from those that special deputy sheriffs could gain through bargaining, administrative order or legislation. Deputy and special deputy…
Did South Carolina officers have to record a DUI arrest when the arresting car had no camera?
In 1999, the AG said the arresting officer did not have to produce a tape from a patrol car that was not yet camera-equipped. Backup officers with cameras should begin recording on arrival, but a…
Could a South Carolina business owner be charged when minors bought cigarettes from an unsupervised vending machine?
Yes. The AG said the tobacco-sales statute covered a business owner who furnished cigarettes to minors through an unsupervised vending machine; using a machine did not avoid possible misdemeanor liability.
Could the Florence County Fire Board hold title to land in its own name?
The AG could not give a definitive yes or no. The district’s enabling act did not expressly grant a power to own land, though its authority to build fire equipment housing might imply that power;…
How many city officials can sit on a New York public housing authority board at the same time?
Only one. The AG concluded Public Housing Law § 30(4) caps municipal-official representation at a single board member. Utica had two officials serving, the Commissioner of Public Safety and a Zoning…
In New York, can a village trustee who is also a volunteer firefighter serve on the village board of fire commissioners?
Yes. The AG concluded village trustees may be appointed to a board of fire commissioners (no more than two trustees on it), or one trustee may serve as the single fire commissioner in charge, even…
Can a New York village treat unanswered citations for code violations like littering as civil default judgments?
No. The AG concluded that Atlantic Beach could not adopt a local law allowing the village to obtain and enforce default judgments against people who ignored citations for village-law violations.…
Could a Kentucky city or county give public money to a nonprofit organization in 1999?
The Attorney General concluded that a city or county could appropriate money to a nonprofit if it was earmarked and used for a public purpose. The nonprofit's private status alone did not decide the…
Could the DC Board of Education remove its own sitting President mid-term by a simple majority vote at a meeting, with no advance written charges and no hearing?
No. The Board's enabling statute is silent on removal, but Board Rule 108.1 incorporates Robert's Rules of Order for debate and proceedings. Under Robert's Rule § 60, an officer with a defined term…
Could South Carolina make future private building-code revisions law automatically?
No. The AG said South Carolina could adopt existing national codes by reference and authorize agencies to adopt them under a stated legislative policy, but could not make unknown future revisions…
Can a Texas municipal judge also serve as a director of the Gulf Coast Waste Disposal Authority?
Generally no. The Attorney General concluded that the Gulf Coast Waste Disposal Authority is not a soil and water conservation district, so its directors do not fall within the only exception to…
Can a Texas district clerk refuse to file an inmate's divorce petition because the inmate is trying to meet the county residency rule with prison time?
No, not on the clerk's own authority. The Attorney General concluded that filing a petition is a ministerial duty, so a district clerk has no power to refuse inmate divorce petitions. A district…
Is Texas's $150 hazardous-substance registration fee legal, or does federal toy-safety law override it?
It was legal. The Attorney General concluded that section 501.024 of the Health and Safety Code, requiring makers and distributors of hazardous substances to register annually with the Texas…
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