State AG Opinions
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Does a village clerk-treasurer have a conflict of interest when his own tenant applies for federal rent assistance through a village-administered HUD program?
No, when a county agency, not the village itself, decides eligibility and pays the subsidy. The AG found no Article 18 conflict because the village clerk-treasurer had no role in selecting…
Can a New York city's uniformed court officers have peace officer status without an amendment to Criminal Procedure Law § 2.10 specifically naming them?
The AG advised Troy to seek an amendment to Criminal Procedure Law § 2.10 naming its uniformed court officers. Separate amendments naming officers in Mount Vernon, Peekskill, and Jamestown had cast…
Can a Texas prosecutor drop charges if the defendant donates money to charity?
The Attorney General concluded that although a prosecutor has broad discretion not to prosecute, a Texas prosecutor may not condition that decision on the offender contributing money to a government…
Can a Texas peace officer also work as a juvenile probation officer?
The Attorney General concluded that Human Resources Code section 141.065 bars any peace officer from simultaneously serving as a juvenile probation officer. The bar turns on being an appointed peace…
Can a Texas state agency stop employees from using vacation while on workers' comp?
The Attorney General concluded that the Department of Human Services could not deny annual leave to, or cap leave for, employees receiving workers' compensation benefits, including those on FMLA…
Does Texas need a constitutional amendment to issue GARVEE highway bonds?
The Attorney General advised that, given the unsettled question under article VIII, section 7-b (which dedicates federal highway reimbursements to highway purposes), the more prudent course was to…
Did four votes at a six-member Berkeley County delegation meeting validly recommend a Goose Creek Recreation Commission appointment?
Yes, under the AG's 1999 reading of the appointment act. Six of nine delegation members formed a quorum, and four affirmative votes were a majority of those present, so the person was properly…
Could South Carolina's Agriculture Commission or legislature take over the elected Agriculture Commissioner's control of the department?
The Attorney General concluded in 1999 that heading the Department of Agriculture was an essential duty of the elected, constitutional Agriculture Commissioner. The Agriculture Commission could…
Can Texas counties use state voter-registration funds for everyday registrar office costs?
The Attorney General concluded that the Secretary of State, as chief election officer overseeing chapter 19 funds, has implied authority to adopt rules on how those funds are spent, and properly…
How do Texas school districts choose a purchasing method, and when must they competitively bid?
The Attorney General concluded that under Education Code section 44.031 a school district adopts its own rules to pick which of eight purchasing methods gives the 'best value,' and competitive…
Does a town's meeting agenda have to name the specific job candidate it plans to discuss in a closed personnel session?
No, under the law as it stood in 1999. The AG found Bethany Beach's three executive sessions were all held for the authorized purpose of discussing personnel matters, and that FOIA doesn't require…
Which U.S.-connected corporations could South Carolina retirement systems invest in, and did the 1998 law permit investment-company securities?
The AG's office read the 1999 authority as allowing investment in corporations with some U.S. presence whose securities met the specified exchange or quotation condition; U.S. incorporation alone…
Could Blackville's mayor also serve as a state correctional officer, and were his mayoral acts void?
The AG's office said simultaneous service as Blackville mayor and a state correctional officer violated South Carolina's dual-office prohibition. Taking the second office vacated the first by law,…
Would a South Carolina bill barring uninsured drivers from recovering noneconomic or economic crash damages be constitutional?
The AG's office said a proposed bar on uninsured owners' or drivers' noneconomic damages was not clearly unconstitutional, citing similar California legislation upheld in court. It discussed adding…
When did Connecticut’s new crime-victim compensation lien apply, and could the agency waive recovery rights?
The AG said the Office of Victim Services’ new statutory lien attached only to compensation awards or restitution services made on or after the act’s effective date, regardless of claim filing date.…
Was South Carolina’s proposed statewide-provider rule for cosmetology continuing-education courses unconstitutional?
The AG’s office could not conclude in 1999 that the proposed rule was constitutionally suspect. It thought a rational basis might support a statewide-provider limit and said administrative duties…
Can a Texas county pay to pave or fix city streets that aren't connected to a county road?
The Attorney General concluded that under Transportation Code section 251.012 a county may build, maintain, or improve a city street even if it is not an integral part of or connecting link with a…
Can a Texas city require homebuilders to use the city's garbage franchise to haul off construction debris?
The Attorney General concluded that a home-rule municipality may adopt an ordinance requiring residential construction contractors to use the franchisee the city selected for weekly residential and…
Could a Kentucky fiscal court member also sit on a county tourism commission in 1999?
Yes, in the circumstances the Attorney General examined. The two offices were not inherently incompatible, and appointment by the county judge/executive was not self-appointment by the fiscal court,…
Could Connecticut require trade licenses for contractors working at a nuclear power plant?
The AG concluded that federal nuclear regulation did not displace Connecticut occupational licensing for contractor tasks that otherwise required a state trade license. The state rule addressed…
Can a city withhold a police department efficiency report because officers spoke candidly during confidential interviews?
Yes, under the law as it stood in 1999. The AG found a consultant's report on the New Castle Police Department wasn't technically a "personnel file," but was still protected by the common law right…
Can a Texas county attorney be paid for extra legal work or sign a contract with a city's municipal court?
The Attorney General concluded that a county attorney covered by the Professional Prosecutors Act cannot be paid by the county for ancillary legal services outside his statutory duties, because the…
Can a Texas county judge who is also a lawyer practice law in his own county's courts?
The Attorney General concluded that Government Code section 82.064 bars a county judge who is licensed to practice law from appearing as an attorney in any county or justice court over which his…
Does Texas prevailing-wage law apply to a project built by an economic development corporation?
The Attorney General concluded that Government Code chapter 2258, the prevailing-wage law, applies only to workers employed on a public work by or on behalf of the state or a political subdivision.…
How quickly must a Texas district clerk deposit court fees with the county treasurer?
The Attorney General concluded that Local Government Code section 113.022, which requires a county officer to deposit funds with the county treasurer within set deadlines, applies to court fees a…
Can Oregon's State Land Board revoke leasing exemptions for structures on state-owned submerged lands, and must it compensate owners?
The State Land Board could revoke leasing exemptions it had created and bring formerly exempt structures under lease. Compensation or recoupment might be required only for structures built under an…
When a North Carolina county becomes an 'Electing County' under the Work First welfare reform program and runs its own program, can the county still use the state hearing officers (under G.S. 108A-79) to hear appeals from people whose benefits the county denied?
No. By opting out of the Standard Work First Program, an Electing County opts out of the state appeal process under G.S. 108A-79. The county must develop and implement its own appeals process that…
What counted as a prohibited financial interest between a Maryland alcohol supplier and a retailer in 1999?
The AG concluded in 1999 that ownership in or employment by a retailer could count as a prohibited financial interest for a manufacturer or wholesaler. Loans and guarantees outside ordinary business…
Can a New York local law take effect for the election held the same day the voters approve it, even though the law won't be filed with the Secretary of State until weeks later?
Yes. The AG concluded the Middletown charter amendment changing term lengths and adding term limits operated for the November 1997 election even though it was not filed with the Secretary of State…
Were laws making driving above a stated blood-alcohol limit an offense unconstitutional on due-process or equal-protection grounds?
The AG’s office concluded in 1999 that per se blood-alcohol driving offenses were constitutional under the cases it surveyed. It said such laws define prohibited conduct, leave prosecutors with the…
Did the 1997 NC law tying teen drivers' licenses to school enrollment and progress apply to teens who already had their licenses before the law took effect?
The opinion says Section 10 exempts under-18 drivers who held a valid qualifying permit or license issued before December 1, 1997. Drivers first licensed after July 31, 1998 need a certificate. For…
Could South Carolina’s governor remove Santee Cooper directors before their seven-year terms expired?
The Attorney General concluded in 1999 that the governor had doubtful authority to replace sitting Santee Cooper directors before their terms ended. He read the authority’s specific law as reserving…
Must a Texas state council report all the money it received even without a legislative appropriation?
The Attorney General concluded that Human Resources Code section 122.022 requires the Texas Council on Purchasing from People with Disabilities to account each year for all funds it received and…
Can a Texas deputy county clerk keep her job after moving to another county?
The Attorney General concluded that a deputy county clerk is an employee, not a public officer, so the Texas Constitution's requirement (article XVI, section 14) that district and county officers…
Can a Texas general-law city council cancel its meetings for several months in a row?
The Attorney General concluded that no statute requires the city council of a Type A general-law city to meet every month or sets any meeting schedule (chapter 22 of the Local Government Code), and…
How does the Texas ERS privatization retirement option add years to a worker's age and service credit?
The Attorney General concluded the Employees Retirement System was right that Government Code section 814.1041(b)'s privatization retirement option applies only to employees who are not already…
Could Idaho voters change the Fish and Game Commission to elected office and limit the vote to people holding a hunting or fishing license?
The initiative proposed four elected commissioners in place of seven district representatives, with only hunting- or fishing-license holders allowed to vote. The AG said a court would likely find…
Did Oregon's taxation of private pension income while exempting PERS and federal pensions violate equal protection or uniformity rules?
No. Oregon's disparate tax treatment of private pension income survived constitutional challenge. There was a rational basis for taxing private pensions while compensating PERS retirees and…
When a Maryland hospital closes, does the state's Hospital Bond Program cover bonds issued by the Maryland Industrial Development Financing Authority (MIDFA)?
The opinion concluded that bonds issued by the Maryland Industrial Development Financing Authority (MIDFA) on behalf of a hospital counted as covered debt under Maryland's Hospital Bond Program, so…
Could police use a bench warrant to enter the defendant’s home or a third party’s home to make an arrest?
The AG’s office said a bench warrant carried the same Fourth Amendment protections as an arrest warrant. Officers could enter the defendant’s home on a valid warrant with reason to believe the…
Could a school-district youth counselor serve on the same district’s board while his work remained under district control?
The AG’s office thought a court would likely find the counselor’s simultaneous board service incompatible under common-law master-servant principles because the district supervised and funded part…
Can a Texas county raise the sheriff's longevity pay and give him back pay for past years?
The Attorney General concluded that the commissioners court may, at its discretion, raise the sheriff's longevity pay going forward, because setting county officers' compensation is the court's call…
Can a Texas municipal court hear a case for a city nuisance ordinance violation that happened outside the city limits?
The Attorney General concluded yes. When a home-rule city is authorized to adopt a nuisance ordinance reaching up to 5,000 feet beyond its limits (Local Government Code section 217.042) and has…
If I post a cash bail bond for someone else in Texas, do I get the money back?
The Attorney General concluded that a third party may post a cash bail bond to get a defendant released, but for the court's purposes the cash is treated as the defendant's. The receipt is issued in…
Can a Texas county auditor stop the commissioners court from ordering an independent audit?
The Attorney General concluded no. Under Local Government Code section 115.031(i), a commissioners court may order an independent audit of county accounts and officials, including the auditor's own…
Did a South Carolina lender need a mortgage-broker license if it closed loans in its own name or sold all conventional loans to federally regulated lenders?
The AG’s office said no under the 1998 mortgage-broker law for a business that only closed loans in its own name rather than arranging loans for others. It also described an exemption for an…
Did Idaho's 1994 voter-passed term limits law (Idaho Code 34-907) reach state judges, or only executive-branch officials?
No. The 1994 voter-passed term limits law restricting 'state elected officials' to eight of fifteen years was likely meant to cover only executive-branch officers, not the judiciary. The ballot…
Who had rights to vending-machine proceeds in South Carolina school-district administrative buildings: employees or the Commission for the Blind?
The AG’s office did not decide which side was entitled to the proceeds. It found the statute ambiguous on whether separate school-district administrative buildings counted as exempt public schools,…
Could one person serve on North Myrtle Beach’s zoning appeals board and the Horry County Higher Education Commission?
No, according to the AG’s 1999 opinion. It classified both positions as public offices exercising sovereign authority, so concurrent service would violate South Carolina’s constitutional prohibition…
Could Aiken County’s forfeited-land commission deduct cleanup settlement and legal expenses before distributing land-sale proceeds?
The AG’s office said in 1999 that attorney fees and a settlement needed to complete a forfeited-land sale could qualify as expense warrants deducted before proceeds were divided. The commission had…
Can a North Carolina charter school satisfy the state's 180-day instructional requirement by running a five-month residential program with extended daily hours that adds up to 1000 instructional hours, instead of operating across the traditional nine-month school year?
No. AG Mike Easley's office concluded that G.S. § 115C-238.29F(d)(1) requires charter schools to offer instruction for at least 180 days, and the requirement cannot be satisfied by compressing those…
Can Texas stop lawyers from mailing solicitations to people within 30 days of their arrest?
The Attorney General concluded that a court would probably hold this part of the barratry statute unconstitutional. Penal Code section 38.12(d)(2)(C) makes it a crime for an attorney to send a…
Could a nonlawyer county treasurer represent the county in South Carolina magistrate’s court?
The AG’s office said a South Carolina Supreme Court decision allowing nonlawyer representatives for business entities gave support for a magistrate to allow a county treasurer or deputy to appear…
Are Texas's warrantless search rules for chemical precursor permits constitutional?
The Attorney General concluded that neither Health and Safety Code section 481.078(e) nor section 481.081(e) is unconstitutional on its face. Those provisions require anyone seeking a permit to…
Could the 1720 Club, a grandfathered DC nude-dancing nightclub at 1720 H Street NW, transfer its liquor license to a new location and continue offering nude dancing under the 1994 Act?
No. The Corporation Counsel concluded that 'establishment' in 23 DCMR § 904.6 means the licensee's specific physical location at the time the 1994 Act took effect. A grandfathered nude-dancing…
Could Maryland state employees get pension credit for reserve summer training completed before state employment?
The AG concluded that preemployment summer reserve training qualified for state pension credit if the reservist was placed on active duty, later had at least ten years of creditable state service,…
Can Oregon make it illegal to hand out a campaign flyer or sign without putting your name on it?
The AG concluded that ORS 260.522, which prohibits most anonymous campaign signs, publications, and broadcasts, was unconstitutional under Article I, section 8, of the Oregon Constitution because…
Can the TNRCC require septic-system site evaluators to be certified?
The Attorney General concluded no. Chapter 366 of the Health and Safety Code, which governs on-site sewage disposal systems, expressly authorizes the Commission to regulate two occupations,…
Can a Texas sheriff refuse a bail bondsman's bond because he defaulted in another county?
The Attorney General concluded no, not unilaterally. In a county with a bail bond board governed by article 2372p-3, a sheriff must accept a bond from a bondsman who is licensed and meets the…
Can a housing authority employee buy a home through the authority's affordable housing program?
The Attorney General concluded no. Section 392.043 of the Local Government Code's Housing Authorities Law bars a housing authority employee from owning or acquiring an interest in a housing project.…
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