State AG Opinions
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Can a NY county correctional facility send inmates to clean up graffiti on private property as well as public property?
No. The AG concluded the Nassau County Correctional Center may use inmate labor to remove graffiti from public property, but not private property. Correction Law § 177(2) restricts inmate labor to…
Can a New York town set a 15 mph speed limit on private roads inside a mobile home park, and enforce it with town police?
No to 15 mph, yes to 25 mph if the roads are open to public traffic. The AG concluded Vehicle and Traffic Law § 1662-a does not authorize a 15 mph speed limit in a mobile home park, but if the…
If a North Carolina district court judge has served since before January 1, 1981 without being licensed to practice law, is he eligible to run for or be appointed to the Superior Court bench?
Yes. NC Constitution Article IV, Section 22 (effective January 1, 1981) requires Justices and judges to be 'duly authorized to practice law,' but the section expressly does not apply to persons…
If a group is applying to start a North Carolina charter school, can it run an enrollment period and admission lottery for the next school year before the State Board of Education grants final charter approval?
No. Under the Charter School Act, only an approved 'charter school' may enroll students or conduct an admission lottery. Up until final approval by the State Board of Education, the entity is an…
Where did seized gambling proceeds go after forfeiture in South Carolina in 1998?
The 1998 AG said distribution of gambling forfeiture proceeds was governed by the cited state distribution statute. It also found no filing-fee exemption for drug-forfeiture petitions.
When did an appointed Lexington County auditor have to leave office after losing a primary?
The 1998 AG said the interim auditor remained until a successor was elected at the November general election and qualified. The successor would fill the remainder of the prior elected auditor’s term.
Did the 1998 harmful-to-minors law give public and school libraries the same defense as college libraries?
Yes under the statute analyzed in 1998. The AG said public and school libraries, like college and university libraries, could invoke the affirmative defense when carrying out legitimate functions…
Could a county council member volunteer as an associate municipal judge in 1998?
No. The 1998 AG treated both a county council seat and an associate municipal judgeship as public offices, so holding them together violated the state constitutional dual office holding rule.
Did the 1989 act governing Horry County school board elections still apply in 1998?
Yes. The 1998 AG said the act still governed Horry County Board of Education elections and that its successor-election method continued until the legislature amended it.
Did closing an Orangeburg high school require a referendum if students stayed in the same attendance area?
The 1998 AG said public hearings were required before the high school closed. A referendum was not required if students moved to another location within the same attendance area.
How long did a Louisiana justice of the peace have to keep public records?
The 1998 opinion said at least three years from the date a record was made. The statute it quoted gave approved retention schedules priority and set a three-year minimum where no formal schedule had…
Could a full-time Louisiana municipal police officer work part time for another law enforcement agency?
The 1998 attorney general opinion said yes under the dual employment statute it quoted. It said the combination became prohibited if both public jobs were full time.
Could a full-time Louisiana state employee teach part time at a state university?
The 1998 attorney general opinion said yes under the dual employment law it quoted. The prohibition applied if both public positions were full time.
Could a Louisiana planning commission executive director also serve on a parish school board?
The 1998 opinion said yes for the positions described. It treated the executive director role as employment rather than an appointive office, and the planning commission and school board as separate…
Could a full-time Louisiana deputy constable also work part time for a school board or sewerage board?
The 1998 opinion said the state's dual employment law allowed the combination if the second job was part time. It assumed the deputy constable appointment was full time and limited its answer to that law.
Did 1998 South Carolina AG guidance still allow public funds for a nonprofit public purpose?
The 1998 AG said two earlier opinions remained valid: allocating public funds to a nonprofit corporation for a valid public purpose did not violate the cited state constitutional provision.
Could a Louisiana waterworks district lease water tower space for cellular antennas without public bidding?
The 1998 opinion said the district could lease tank space, but the lease had to follow the public bidding requirements for public land. It treated the water tank as an improvement covered by that law.
Did McCormick County need to adopt planning and zoning under the 1994 South Carolina act?
Yes for planning and zoning after the transition described in the 1998 opinion. The AG said McCormick County had to enact ordinances conforming to the 1994 comprehensive planning act to continue its…
Does a Texas business that operates as a cooperative have to incorporate under the Cooperative Association Act?
Secretary of State Alberto Gonzales asked whether a corporation that intends to operate as a cooperative may incorporate under the Texas Non-Profit Corporation Act when no specific statute covers…
Did adopting a new countywide zoning ordinance under the 1994 act require signs on every affected parcel?
The 1998 AG said the initial ordinance under the 1994 planning act required an advertised public hearing but was not a parcel-by-parcel rezoning requiring posted signs. A later amendment that…
Could an off-duty reserve officer in civilian clothes assist a South Carolina arrest?
The 1998 AG said the reserve officer could report a witnessed offense to an on-duty officer and, if legitimately asked, help as a private citizen. Out of uniform, the reserve could not exercise…
Can Oregon taxing districts refund or rebate property taxes voters mistakenly approved as local option levies after Measure 50?
Tax refund statutes don't permit refunds of lawful Measure 50 local option taxes, but home-rule counties and cities may have authority to rebate equivalent amounts. Most districts can offset by…
Can a Texas university governing board hold its meetings by videoconference or by telephone conference call?
Delmar Cain, general counsel of the Texas A&M University System, asked whether a 1997 Open Meetings Act provision allowing videoconference meetings (Government Code section 551.126) applies to a…
When could Connecticut social services share client information with the child protection agency?
The AG said DSS could disclose client-identifying information to DCF under its valid regulations, including when DCF found imminent danger and requested necessary information, or when DSS itself…
Could a South Carolina sheriff serve a family-court child-support contempt warrant on Sunday?
The 1998 AG said the described bench warrant appeared to enforce civil contempt, so its process generally could not be served on Sunday. It said the classification depended on the particular order…
Could the Louisiana Legislature correct errors in the school funding formula sent to it for approval?
The 1998 opinion said the Legislature could make the specific technical corrections BESE requested to match the formula BESE had already adopted. It could not itself substitute a substantively…
Are Oregon legislators' state-paid telephone billing records open to public records requests?
Yes. Legislators' state-paid telephone billing records were subject to the Oregon Public Records Law; the privacy exemption applied case-by-case, not as a blanket rule. The LAC's public-records…
Is the Eastern Band of Cherokee Indians eligible to receive grants from the North Carolina Clean Water Management Trust Fund?
No. Under N.C.G.S. § 113-145.4(a), the Clean Water Management Trust Fund can grant only to State agencies, local governments or other political subdivisions of the State, or conservation-purpose…
Could an airport police officer who held a constable commission also serve on town council?
Yes on the facts given in 1998. The AG said the officer’s law-enforcement authority came solely from a constable commission, which it did not count as a second public office for this dual office…
If Oregon authorizes school districts to charge homebuilders a 'school impact fee' to cover the cost of new schools, would that fee count as a property tax under Measure 5 that needs voter approval?
The AG concluded that legislation authorizing a school impact fee could avoid Measure 5's voter-approval requirement if structured to fall on the person engaged in development activity rather than…
Could Louisiana's private security board buy land for an office without the state capital outlay process?
The 1998 opinion said no. The board's power to acquire property did not excuse it from the state capital outlay procedures, and the commissioner of administration had to participate in a state…
Could a Spartanburg County business burn unwanted wooden pallets in 1998?
The 1998 AG said state regulations generally prohibited open burning of wooden pallets, subject to listed exceptions that DHEC would assess. The county attorney told the AG there was no Spartanburg…
Can Texas withhold a Medicaid provider's payments to cover that provider's child support?
William Archer, the Texas Commissioner of Health, asked whether the Texas Department of Health could withhold part of a Medicaid provider's payment to cover the provider's child-support obligation.…
Could a retired South Carolina judge receive state retirement pay while serving as a federal judge?
The 1998 AG said a retired state judge appeared able to draw judicial retirement pay while serving in a federal judicial position. The state retirement provisions it analyzed did not include federal…
Is computer software developed for the State of North Carolina (like the State Title and Registration System program code) a public record that has to be turned over to anyone who requests it under the Public Records Law?
No. The AG concluded that under G.S. § 132-6.1, NC's Public Records Law distinguishes computer software from the records the software generates. The records (databases, data fields, query outputs)…
Could a check-collection agent seek a bad-check warrant for a South Carolina merchant?
The 1998 AG said a collection representative acting as the merchant’s agent could seek a bad-check warrant on a proper factual showing. An endorsee who had acquired the dishonored check could not…
Could a South Carolina town council refuse a certified petition election to change its government?
No. The 1998 AG said a town council had no discretion to refuse the special election after receiving a county-certified petition signed by the required share of qualified electors.
What public-records and confidentiality rules apply to malpractice claim reports filed with Oregon's Board of Medical Examiners?
Reports must remain confidential until the malpractice claim was settled or closed (ORS 742.400(3)). After that, they were subject to the Public Records Law and its privacy exemption, applied case by case.
Was Kentucky liable if elk it reintroduced damaged someone's property?
In 1998, the Kentucky Attorney General concluded that the state should not be liable for damage caused by elk released into the wild. The opinion found no general waiver of immunity for wildlife…
Must the largest city’s air pollution board representative be a city official chosen by its mayor?
No. For a single-county Washington air pollution control authority, the Attorney General concluded in 1998 that the representative of the largest city need not be an elected official or city…
In New York, can the same person serve as both a town supervisor and the mayor of a village within that town?
Only until the town's budget process begins. The AG concluded that a recently elected town supervisor may continue as village mayor until then, but must resign as mayor when that process starts…
Can a Texas school stop a child-abuse investigator from interviewing a student, or require a staff member to be present?
State Senator J.E. 'Buster' Brown asked whether, without a court order, a school principal or other official could refuse to let a child-abuse investigator from the Department of Protective and…
Can a school board hold a planning retreat if it labels the meeting as a closed executive session?
No, under the law as it stood in 1998, not when the topics discussed don't fall under an authorized reason for going into executive session. The AG found the Appoquinimink School District violated…
Did the 1998 South Carolina AG think a proposed public-nudity bill was facially constitutional?
The 1998 AG thought the proposed public-nudity amendment would likely survive a facial constitutional challenge, partly because it excepted protected expression and certain other conduct. It…
Did an interior designer’s plans for a covered large building always need an architect or engineer’s seal?
The AG said plans for architectural or engineering work on specified buildings had to be sealed by a licensed architect or engineer. Plans limited to interior-design services under § 20-377k,…
Did electrical experts hired to examine fire evidence need Connecticut private investigator licenses?
The AG said electrical-system experts hired by the public safety department to analyze evidence and determine whether a system caused a fire did not need private detective licenses if they were not…
Can a town attorney also serve as director of a not-for-profit local development corporation that the town partially funds?
Yes. The AG concluded the positions of town attorney and director of the local development corporation are compatible, and the office of town board member is also compatible with the director…
Can one person hold both the office of county manager and the office of county treasurer?
No. The AG concluded the two positions are incompatible. The county treasurer is subordinate to the county manager, who supervises administrative functions and manages appropriated funds. Holding…
Can the Ithaca Common Council enact a local law changing the terms of office of members of the Ithaca Urban Renewal Agency, which was created by a State legislative special act?
No. The AG concluded the Ithaca Common Council lacks authority to change the terms of members of the Ithaca Urban Renewal Agency. The Agency was established by State legislative special act and is a…
How does a New York town transition from three elected assessors to a single elected assessor after voters approve the change?
Through Real Property Tax Law § 329. After the local law approving the change is adopted (subject to permissive referendum), the town holds the next biennial or general election at which any…
Can a NY county shrink its community services board membership from 15 to 9 by local law and attrition, even though the Mental Hygiene Law only specifies 9-member or 15-member boards?
Yes. The AG concluded a county may enact a local law to transition from a 15-member to a 9-member community services board (or any other number). Mental Hygiene Law § 41.11(d)'s membership rule is…
Can a NY village appoint a non-village resident who is not a lawyer as acting village justice, and can the same person serve as their own court clerk?
Yes to all three. The AG concluded the village may expand residency for appointive officers (including acting village justice) to the county where the village is located, the acting justice need not…
Did the 1998 South Carolina AG find three proposed constitutional amendments federally permissible?
The 1998 AG said proposed amendments on a school moment of silence, school vouchers and work for able-bodied inmates were consistent with the federal Constitution as analyzed in the letter. The…
Did the 1998 South Carolina AG say offshore gambling cruises were lawful from state ports?
No clear approval came from the 1998 opinion. The AG could not conclude that federal Johnson Act amendments displaced South Carolina gambling-device laws for cruises to nowhere and recommended a…
Could a homeowner use trespass law or civil ejectment when an adult son refused to leave?
The 1998 AG said both a criminal trespass complaint and civil ejectment could be available on the described facts. It left the choice to the homeowner and did not decide a specific prosecution.
Can the clerk-treasurer of one New York village also serve as a trustee on the village board of a different village?
Yes. The AG concluded the two positions are compatible because they are in separate municipalities, so neither is subordinate to the other. The standard compatibility test from People ex rel. Ryan v…
Did the Rapides Parish Coliseum Authority have to bid its proposed hockey league agreement?
The 1998 opinion said no for the proposed agreement. It treated the hockey league's use and improvement of the coliseum as a facility-use contract authorized by the authority's special act, rather…
Can NC require all applicants for Work First (TANF) welfare benefits to take a drug test, even without any reason to suspect them of drug use?
Probably not, the AG warned. NC's Division of Social Services asked whether suspicionless drug testing of all Work First applicants would survive a constitutional challenge. The AG distinguished…
Could a Colleton County school board member also serve as county administrator in 1998?
No. The 1998 AG treated both a Colleton County school board seat and the county administrator post as public offices. Assuming the second post while holding the first violated the state dual office…
Could one person serve as both a South Carolina master in equity and municipal judge?
No. The 1998 AG said both a master in equity and a municipal court judge were public offices, making simultaneous service a violation of the state dual office holding prohibition.
How these opinions are useful
- Understand state law: AG opinions are authoritative interpretations of how state law applies.
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Two states are not listed and are not pending: New Hampshire publishes its opinions on a page that automated retrieval cannot read, and Rhode Island publishes no complete full-text archive at all. We will add them if that changes.