State AG Opinions
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Could Chester County use a capital-project sales tax to close a landfill even though landfills were not listed?
The 1998 AG opinion said a landfill closure appeared to fall within the capital projects contemplated by the tax statute, even though landfills were not specifically listed. It read “may include” as…
If a foreign visitor wants to get married in NC and is not eligible for a Social Security number, can the register of deeds still issue a marriage license?
Yes. NC Session Laws 1997-433 had added an SSN requirement to G.S. § 51-8 as part of the state's response to a federal child support enforcement law (42 U.S.C. § 666(a)(13)(A)) that required SSNs on…
Could Anderson County spend “C” road funds on public roads inside a privately developed industrial park?
The 1998 AG opinion said “C” funds could be used to build roads within the proposed industrial park because the public road project served an industrial-development purpose. It said the amount and…
After voters rejected a change in city government, did Washington law require six years before another vote?
No. The Attorney General concluded in 1998 that the six-year condition measured how long a code city had operated under its existing plan, not the interval between failed votes. A successful change…
Did the South Carolina AG settle disputed provisions of the 1998 deferred-presentment and check-cashing law?
No. The 1998 opinion said the deferred-presentment and check-cashing act was too ambiguous to support a clear answer to the specific interpretive questions. It said a court would need to resolve…
Can Texas require students at private for-profit (proprietary) schools to pass the TASP basic-skills test to earn a degree?
Senator Teel Bivins, chair of the Senate Education Committee, asked whether the Texas Higher Education Coordinating Board could extend Education Code section 51.306, which requires undergraduates at…
Could a South Carolina public school let students vote to display the Ten Commandments in its lobby?
The 1998 Attorney General said the proposed lobby display could be constitutional if it formed part of a larger educational theme about law, history or culture. The letter also distinguished student…
When an Oregon state agency employee testifies at a legislative hearing or talks to a legislator about a bill, do they have to register as a lobbyist?
Advocacy in testimony or direct contact with legislators counts as lobbying; preparing testimony and giving neutral information do not. Lobbying does not always require a report: ORS 171.735 exempts…
When a North Carolina county tax collector resigns mid-term and the office is elective under local law, who fills the interim vacancy, and what process applies?
The county Board of Commissioners makes the interim appointment. The Haywood County Tax Collector is elected under a series of local acts going back to 1929, but those local acts say nothing about…
Could LaSalle Parish use a courthouse property tax to replace the parish library roof?
The 1998 opinion said no. Voters dedicated the tax to improving, maintaining, and operating the courthouse; the attorney general said that wording did not cover the library roof.
What happens to a Texas public videoconference meeting if technical problems cut off the public watching at a remote location?
Carolyn Purcell, executive director of the Department of Information Resources, asked two questions about videoconference meetings under Government Code section 551.126. First, must a governmental…
Can a county board of commissioners create and run its own college scholarship program for students from county public schools?
No. The NC AG concluded that, although a county scholarship program serves a public purpose, no NC statute (general or local) grants counties the specific authority to establish their own college…
Can a New York village sell a property to recover demolition or cleanup costs after the owner refuses to pay?
Yes. Under its home-rule police power, a New York village can enact a local law that lets it demolish or clean up unsafe buildings, lien the property for the cost, and, if the owner won't reimburse,…
Could a Louisiana gas utility district give senior citizens a lower rate for the same service?
The 1998 attorney general opinion said no. Charging other customers more for the same gas service solely because they were not senior citizens was impermissible age discrimination under the state…
Could Connecticut use trained minors for tobacco compliance checks inside bars?
The AG said the mental health and addiction services agency could bring trained minors into bar areas to test compliance with tobacco-sale age limits. The answer addressed a supervised program with…
Could Connecticut regulate liquor sales at tribal hotels, stores and a museum on reservations?
The AG concluded that Connecticut could require compliance with its liquor laws for proposed sales at a Mohegan hotel and convenience store and a Mashantucket Pequot museum. He distinguished compact…
Can NC state legislators serve on the Board of Directors of the NC Partnership for Children, the private nonprofit that administers Smart Start, given the state constitutional separation of powers?
No. The NC Partnership for Children is a 'special instrumentality of government' created by the General Assembly to administer the Early Childhood Initiatives program (Smart Start). The legislature…
Could a Washington code city require a council member to chair its LEOFF disability board?
No. The Attorney General concluded in 1998 that a code city could not designate the chair of its LEOFF disability board by ordinance, even though the board statute did not specify a chair-selection…
Could Washington pay for fingerprint checks of private-school employees, including religious-school staff?
For the specific, unenacted 1998 bill sent to the Attorney General, yes: the opinion concluded that state-paid checks for current private-school staff would not be an unconstitutional gift or…
Can a New York cemetery corporation sell multiple plots in bulk to a religious or ethnic burial society for resale to that society's members?
Yes. The AG concluded that the general resale ban in N-PCL § 1513 has a real exception for religious corporations, membership corporations, and unincorporated burial societies that provide burial…
Can a person with a felony or domestic violence misdemeanor conviction be appointed as a peace officer in New York?
Sometimes, but it depends on which kind of conviction, whether civil rights have been restored, and whether the officer would need to possess a firearm under State or federal law. Peace officers…
Can a South Carolina detainee earn good-time credit while jailed for civil contempt?
The 1998 AG said good-time credits did not apply to genuinely civil contempt, because the detainee could end that confinement by obeying the order. The AG could not classify the specific commitment…
Could a union get the names, addresses, and Social Security numbers of workers listed on Delaware prevailing-wage payroll reports?
No, under the law as it stood in 1998, reversing an earlier 1995 opinion. The AG concluded the Department of Labor should stop releasing the names and addresses of employees listed in sworn payroll…
Did three unexcused absences remove a Valley Public Service Authority board member in 1998?
No under the statute addressed in this 1998 opinion. The Attorney General said the Valley Public Service Authority was not a state board, so Section 1-3-245 did not remove its members after three…
Could Kentucky keep opened bid documents secret after rejecting the bids and switching to negotiations?
No, under the 1998 opinion. Sealed-bid documents became public when the bids were opened; rejecting them and starting a later competitive negotiation did not make those already opened bids confidential.
Did Kentucky's weight allowance for forest-product trucks require exclusive timber hauling?
The 1998 opinion said the ten-percent weight tolerance applied to properly registered vehicles carrying primary forest products, even if they did not carry those products exclusively. The separate…
Are North Carolina's proposed business incentives in Senate Bill 1569, including air courier tax preferences, development zones, and recycling facility credits, constitutional?
Mostly yes. The AG advised that the air-courier definition, development zones, and recycling facility credits likely pass rational-basis review under State and federal equal protection. But the AG…
Could a Connecticut town issue general obligation bonds to fund an unfunded pension liability?
The AG concluded that §§ 7-374b(b) and 7-403a authorized municipalities to issue general obligation bonds for unfunded pension liabilities. He treated pensions as employee retirement benefits under…
What does North Carolina's law requiring department heads to report criminal misuse of state property to the State Bureau of Investigation actually require, and how does a department head decide what counts as 'information or evidence' worth reporting?
Any time a department head receives credible information or evidence that state-owned personal property has been criminally misused, they must report it in writing to the SBI Director within 10…
Can a NC coastal town ban state-licensed commercial fishermen from setting gill nets in canals that the state classifies as coastal fishing waters?
No. The Town of Ocean Isle Beach had adopted a local ordinance (Section 6-6-17 of the municipal code) banning gill nets in canals within town limits on a public safety theory. The AG concluded the…
Could one person serve on both the Pickens County Water Authority and Powdersville Water Company boards?
The 1998 AG concluded the two board seats could be held simultaneously. The Pickens County Water Authority seat counted as a public office, but a Powdersville Water Company directorship most…
Could the human rights commission’s executive director stay after his four-year term without reappointment?
The AG concluded that Louis Martin’s term as executive director of the Commission on Human Rights and Opportunities expired July 14, 1998. Neither the earlier statute nor its 1998 amendment…
Could a South Carolina school district let students keep cell phones locked in their cars in 1998?
The 1998 AG said a cellular telephone was not a “paging device” under the school statute then in force. It concluded that districts could adopt reasonable rules about student phone possession and…
Could a 1998 South Carolina disorderly-conduct charge arise inside a private club?
The 1998 AG said a club labeled private could still be a public place under the disorderly-conduct statute. Whether a particular club qualified depended on its actual access and operations; the…
Could Orangeburg restrict officers from drinking in city bars while off duty?
The 1998 AG thought such a restriction could be constitutionally valid to protect the department’s integrity. It could not be certain because it found no court decision on the same kind of rule.
If someone in Oregon has an old felony or drug conviction, can they still get a private security officer license, or is the ban permanent?
The AG concluded that the 1997 amendments to ORS 181.875 made disqualification permanent for person felonies, enumerated misdemeanors, and drug offenses, while a ten-year window still applied to…
Could a Connecticut gaming regulator own stock in a supplier of casino slot machines?
The AG concluded that a Division of Special Revenue employee who monitored casino gaming could not own stock in International Game Technology, a slot-machine and gaming-services supplier to the…
When a village mayor works full time for the county sheriff's department, can he vote on a contract that would shift village policing to the sheriff?
No. The AG concluded that the village mayor, who was a full-time Technical Sheriff in the Wyoming County Sheriff's Department, had an actual or perceived conflict of interests and had to recuse from…
Can the chief, deputy chief, or assistant chief of a village fire department also serve as the village mayor or a village trustee in New York?
No, not where the village board of trustees appoints or approves the appointment of the fire officers. Village Law § 10-1012 statutorily bars the same person from holding mayor or trustee office and…
Does a New York town need voter approval to give the town board the power to appoint a deputy tax collector if the elected collector won't?
Yes. The proposed local law transfers a power of an elective officer (the tax collector's discretion to appoint a deputy), so under Municipal Home Rule Law § 23(2)(f) it requires a mandatory referendum.
Can a New York municipal housing authority pay one of its own board members extra for serving as a Civil Service Law § 75 disciplinary hearing officer, on top of regular per diem?
No, not if it would push total compensation past the statutory cap. The AG treated hearing-officer service as part of the board member's regular duties, so the Public Housing Law § 32(3) per-annum…
Could Connecticut set a 60 mph limit on a highway suitable for more than 55 but less than 65 mph?
The AG said the State Traffic Commission could not use Public Act 98-181 to set a limit between 55 and 65 mph on a multilane limited-access state highway. The act directed 65 mph where a road was…
Could a South Carolina mental-health employee also serve on a county elections commission?
The 1998 AG said an Allendale County Registration and Elections Commission seat was a public office. Whether a mental-health department employee could also serve depended on whether that job…
Could a South Carolina deputy pursue and arrest someone inside a town in the deputy’s own county?
The 1998 AG said yes. It read the pursuit amendment as expanding authority in neighboring counties, while leaving a sheriff and deputies with countywide jurisdiction, including incorporated areas of…
Does the DC Council have the legal authority to review and approve large real-estate leases (over one million dollars per year) signed by the District government, the same way it reviews large procurement contracts?
Yes, but the source of authority changed in 1995. A 1991 Council law (D.C. Code § 1-336(c)) that purported to give the Council lease-approval power was probably invalid under Wilson v. Kelly. But…
Did South Carolina home rule repeal the law allowing city police and fire civil service commissions?
No. The 1998 AG said the Home Rule Act did not repeal the civil-service commission provisions. A city could choose to abolish a commission by ordinance, but a city retaining one had to follow the…
Could a county stockade refuse prisoners sentenced there by a South Carolina municipal court?
The 1998 AG said county officials had to accept and hold prisoners committed to the stockade by a municipal court until a court changed the order. Officials could not independently reject or release…
Can NC State University agree to binding arbitration clauses in research contracts with federal laboratories and other universities, when the other side insists on arbitration as a condition of the contract?
Yes, with limits. NCSU may agree to binding arbitration for contractual disputes where the General Assembly has not already established a mandatory dispute resolution mechanism. The legislature has…
Can the NC Division of Water Quality include a production-cap condition in an NPDES permit for a slaughter and processing plant where the operator has a poor compliance history and the cumulative effects of the industry are concerning?
Yes, but narrowly. The AG concluded that N.C.G.S. § 143-215.1 gives the Environmental Management Commission and the Division of Water Quality authority to include a production-cap condition in an…
Could Zwolle's mayor inspect police department files for traffic cases in the mayor's court?
The 1998 opinion said direct review of unfiled citation evidence would generally be improper for the mayor acting as judge. The police department instead had to deposit traffic citations with the…
Can a school board discuss a new teachers' contract in a closed personnel session instead of in public?
No, under the law as it stood in 1998. The AG found the Appoquinimink School District's rushed special meeting to approve a new teachers' contract was justified on short notice given a looming state…
Who could choose between two groups claiming to lead the same South Carolina political party?
The 1998 AG did not choose a Patriot Party faction. It said the proper group depended on which had met the statutory organization and convention requirements, a factual question potentially…
Was a regional waste authority audited by Connecticut’s state auditors or under municipal audit law?
The AG said the Southeastern Connecticut Regional Resource Recovery Authority was an audited agency under municipal audit law, on the stated receipts assumption. That status removed it from the…
Can a county board of supervisors member run a private septic-installation business when his work is inspected by the county employees whose pay and conditions he sets?
No. The AG found a conflict of interests: the supervisor's votes on county employees' compensation and working conditions could influence their reviews of his private installations, and the…
Once a New York county sets up enhanced 911 dispatch, can it hand off the dispatching for certain towns to a village police department instead?
No. Once a county establishes an Article 6 E911 system, the dispatch function belongs to the county and must run through the county's public service answering point. Allegany County could not…
Can a New York town put up stop signs on the private roads inside a mobile home park?
No. Vehicle and Traffic Law § 1660-a authorizes towns to regulate traffic on certain private properties, but mobile home parks are not on the list, so the town has no authority to install stop signs there.
Could a Louisiana justice of the peace join the parochial employees' retirement system?
The 1998 opinion left membership to the retirement system's board, which had statutory authority to decide doubtful employee-status questions. It also said justices of the peace did not belong to…
Could a South Carolina public gas authority buy natural-gas futures solely for profit?
No under the law analyzed in 1998. The AG treated futures contracts bought solely for profit, with no planned gas delivery, as investments; the permitted public-investment list did not include them.
Should a village mayor and trustee who also serve as joint fire district treasurer and volunteer firefighters recuse from voting on the sale of village property to the fire district?
Probably yes. The AG concluded that if the mayor and trustee have divided interests that could affect their impartiality or create an appearance of impropriety, they should not participate in…
Could a Louisiana Supreme Court justice serve on the State Justice Institute board?
The 1998 attorney general opinion found no Louisiana law barring that service. It treated the Institute board as a part-time, unpaid appointment to a private nonprofit rather than a prohibited…
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