State AG Opinions
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Could a South Carolina probate judge also serve as a municipal court judge?
No. The 1998 AG said both a probate judgeship and a municipal judgeship were public offices. Taking the second while holding the first violated the constitutional dual office rule and was treated as…
Did Kentucky hazardous duty retirees get the new three-year benefit formula while keeping a seven-percent contribution rate?
The 1998 opinion concluded that hazardous duty members of the Kentucky Employees Retirement System received the new three-year salary calculation but kept a seven-percent employee contribution rate.…
Can the New York Department of Labor investigate whether public-works contractors are meeting prevailing-wage supplemental-benefit requirements when some of those benefits are paid into ERISA employee benefit plans?
Yes. The AG concluded that ERISA does not preempt investigation and enforcement of New York's prevailing wage law under the standards set by the Second Circuit in Burgio. Under the State's 'total…
In North Carolina, can a school principal leave a school district to work at a charter school and use the same protected leave-of-absence statute that classroom teachers use, so they can come back later with their old career status?
No. N.C.G.S. § 115C-238.29F(e)(3) requires a local school administrative unit to grant an extended leave of absence to a teacher who wants to teach at a charter school. The AG concluded the term…
Did South Carolina’s 1998 Peeping Tom law cover intentional spying in a public restroom?
Yes on the described facts. The 1998 AG said a person who entered an opposite-sex public restroom to purposefully spy on occupants could violate the Peeping Tom statute; intent and the privacy…
Could a suspended South Carolina county council member run for reelection while indicted?
The 1998 AG said the suspended council member could run for reelection while the indictment was pending. If reelected, he could not serve while the indictment and governor’s suspension order…
Does North Carolina's ban on accepting campaign contributions during legislative sessions apply to candidates for federal office?
No. The Federal Election Campaign Act preempts state laws that limit or restrict contributions to candidates for federal office. The AG concluded that N.C. Gen. Stat. § 163-278.13B is preempted as…
Could Louisville's aldermanic president punish one board member without a vote of the full board?
The 1998 opinion said the Louisville Board of Aldermen's president lacked authority to discipline a member alone; the statute gave that power to the full board. It did not decide whether the…
Can a North Carolina state agency limit job-posting applicants to people already inside the agency, and can the agency limit the number of internal positions any one employee may apply for?
Yes on internal-only postings, with conditions. Under N.C.G.S. § 126-7.1, a state agency may limit applicants to current employees of the agency, as long as the agency does not receive or consider…
What did the 1998 South Carolina AG say about police trackers and computer-made search warrants?
The 1998 AG found no South Carolina statute directly governing police tracking devices, but analyzed federal privacy limits on their use. It also said a department could produce computer-made search…
Could a Colleton County school board member also serve as county administrator under the 1998 South Carolina dual-office rule?
No. The 1998 AG concluded that a Colleton County school board seat and the county administrator position were both public offices, so one person could not hold them at the same time. Taking the…
Could a threat to shoot at police cars count as a threat against an officer under South Carolina law in 1998?
Possibly. The 1998 AG said a threat to shoot at any police car near a property was not excluded from the public-official threat statute merely because no officer was named. The threat still had to…
When an Oregon health professional licensing board investigates a complaint, what records must stay confidential, when must they be disclosed, and does the board have to vote on a disciplinary notice as a whole board?
Investigative information is confidential under ORS 676.175(1). A board must disclose a disciplinary notice issued by a majority of the whole board, and must disclose investigative information when…
In North Carolina, does the one-year residency requirement to run for sheriff run to the date of the primary or to the date of the general election?
To the general election. N.C.G.S. § 162-2 says no person is eligible for sheriff who 'has not resided in the county in which he is chosen for one year immediately preceding his election.' NC…
Could South Carolina declare unopposed school board candidates elected without a vote under a 1997 proposal?
The 1998 AG considered proposed S.402 constitutionally suspect. It would have treated unopposed Laurens County school board candidates as elected without holding an election, removing voters' chance…
Could a South Carolina town make it an offense to ignore a police officer's stop signal or lawful order in 1998?
The 1998 AG considered Lexington's proposed ordinance constitutionally valid on its face, though a close question. It said the stop provision could be read as enforcing lawful investigative stops;…
If a New York Supreme Court candidate will not hit ten years at the bar until after January 1, can he still run and serve?
Yes, if he hits ten years within thirty days of January 1 and files the oath within that same window. The AG concluded that a 1993 amendment to Judiciary Law § 140-a and Election Law § 6-122 permits…
Did Oregon's ban on radio and TV ads for hard liquor violate the state's free-expression clause?
Yes. The 1998 opinion concluded that OAR 845-007-0015(1)(c)'s ban on radio and TV ads for distilled spirits was a content-based restriction on speech that violated Article I, section 8 of the Oregon…
Who had priority at a death scene in South Carolina in 1998, the sheriff or the coroner?
Neither official had automatic priority, the 1998 AG said. Law enforcement and the coroner each had investigative authority; the circumstances and immediate needs at a death scene determined whose…
Could the South Carolina officer who swore out an arrest warrant also serve it in 1998?
No, according to the 1998 AG letter. It reaffirmed the office's view that the law enforcement officer whose affidavit supported an arrest warrant should not serve that same warrant.
Could a Kershaw election commissioner also serve as Lancaster County attorney under South Carolina's 1998 dual-office rule?
The 1998 AG could not give a final yes-or-no answer. It said a Kershaw election commissioner held a public office, but whether the Lancaster County attorney position was also an office depended on…
Could Jonesville police enforce a Union County ordinance inside town limits without adopting it as a town ordinance?
The 1998 AG said Jonesville did not need to copy a Union County ordinance into its town code. It concluded that a city-county agreement could make a county ordinance applicable inside town limits…
When did investigators need a warrant to search a fire scene for suspected arson under the 1998 South Carolina AG opinion?
The 1998 AG said entry to fight a fire and a reasonable continuation to find its cause required no warrant. A later search after officials left generally required consent, a warrant, or new exigent…
When a New York gubernatorial appointee skips three or more meetings without good cause, can the Governor declare the seat vacant?
Yes. The AG concluded that under Public Officers Law § 30(3), the Governor may deem a position vacant when a gubernatorial appointee to a board, commission, committee, or authority fails to attend…
Could Hemingway extend town water lines into a Williamsburg County service area without county approval in 1998?
If the area was a designated county water and sewer service area, the 1998 AG said Hemingway could not serve it without county approval. The AG declined to decide whether Williamsburg County's…
Would electricity market reciprocity rules in South Carolina's 1998 power bill violate the Commerce Clause?
The 1998 AG did not give a categorical answer. It said H.3414's out-of-state supplier restriction faced a serious Commerce Clause challenge but was constitutionally defensible; a more evenhanded…
Can a North Carolina county board of commissioners directly appropriate county funds to a charter school for building construction or other capital projects?
The AG said county commissioners lacked authority to allocate county funds directly to charter schools for capital outlay. The opinion found no direct county-funding authority in the Charter School…
Must a Connecticut agency notify employees when an FOI request seeks many home addresses?
The AG said the comptroller generally had to notify all affected state employees of a broad FOI request for home addresses so they could assert privacy objections. A separate protection for…
Could a Kentucky university hire a trustee's spouse for professional services without bidding?
In 1998, the Kentucky Attorney General said a trustee's marriage to a contractor did not automatically give the trustee a disqualifying interest. If the trustee did have a personal financial…
Did a Texas statute expire because the law amending it took effect the day after the expiration date?
Don Gilbert, commissioner of the Texas Department of Mental Health and Mental Retardation, asked the Attorney General whether chapter 597 of the Health and Safety Code expired on August 31, 1997.…
Can Texas let an environmental agency exempt a company from a pollution rule if it uses an equally protective alternative?
Barry McBee, the chair of the Texas Natural Resource Conservation Commission, asked the Attorney General whether Water Code section 5.123 was constitutional. That 1997 statute lets the commission…
Can a Texas city council require several members to agree before an item goes on the meeting agenda?
State Representative Steven Wolens asked whether a Dallas City Council rule, which lets the mayor put an item on the agenda only when five council members or a majority of a council committee…
Could South Carolina lawmakers bar modular homes from local single-family zones despite home rule in 1998?
Yes, as to the home-rule question. The 1998 AG said proposed H.4756 was a statewide general law, so home rule did not limit the legislature's authority to bar modular units from locally zoned…
Can a North Carolina state-chartered credit union have members from several unrelated employer groups, each with its own internal common bond, or must all members of the credit union share one common bond?
All members must share the same common bond. Both the North Carolina Supreme Court (in N.C. Savings & Loan League v. NC Credit Union Commission, 1981) and the U.S. Supreme Court (in NCUA v. First…
Can a county industrial development agency pay its executive director a percentage of bond-project fees on top of base salary, or a 'minimum' alternative payment if the percentage is found unlawful?
The AG concluded the director's additional pay of 1.5% of agency fees on bond projects violated General Municipal Law § 858-a(1). The alternative $3,000 minimum payment also appeared to violate the…
Can a New York town require a planned retirement community developer to provide off-site transportation to shopping and medical facilities as a condition of site plan approval?
No. Town Law § 274-a limits required site plan elements to the layout, design, and physical features of the site itself. Off-site shopping and medical transport is not related to the site's layout…
Who owns the new dry beach land at Wrightsville Beach, North Carolina that was created by pumping sand from Banks Channel, after a 1939 special law granted the original beach to the town and a 1985 state lands amendment shifted title to publicly funded raised land to the State?
Mixed ownership, layered by date. The 1939 Session Law granted the Town of Wrightsville Beach good title in fee simple to the land east of the building line down to the low water mark, subject to…
Could South Carolina call a teacher credential a license instead of a certificate in 1998?
Yes, in the 1998 AG's view, the terms could be used interchangeably for teacher credentials if the legislature changed the relevant statutes consistently. The letter cautioned against changing only…
Did South Carolina's 1998 proposal to cap homeowner assessment growth raise constitutional problems?
Yes. The 1998 AG said proposed H.4695 could be challenged because its cap on owner-occupied home value increases might conflict with the constitution's equal-and-uniform assessment and actual-value…
Did a South Carolina grocery loyalty-card discount reduce the taxable sale price in 1998?
Yes, if the retailer was not reimbursed by someone else for the discount. The 1998 AG agreed that sales tax on a true grocery bonus-card discount was calculated on the reduced price; a…
Could a South Carolina police department recover the cost of optional instructor training when an officer changed agencies in 1998?
Probably not under the statute discussed. The 1998 AG said § 23-6-405 covered mandatory law enforcement training, while Santee's two-week instructor course was voluntary training to teach other…
Can a county attorney prosecute violators of a county's electrical and mechanical trade licensing laws, instead of the district attorney?
Yes, but only with proper authorization. The AG concluded a county attorney may prosecute violations of Putnam County's mechanical trade laws if (1) the board of supervisors directs the county…
Could a South Carolina city council member also work as a juvenile justice Community Specialist IV in 1998?
No, on the duties described in the request. The 1998 AG said both a city council seat and a Department of Juvenile Justice Community Specialist IV position were public offices, so holding them…
Could a Summerville council member also sit on the Dorchester County Transportation Committee in 1998?
Most likely not. The 1998 AG said a town council seat was a public office and that a county transportation committee seat appeared to be one too. Serving in both positions most likely violated South…
Can a septic tank pumping company file a construction lien on a homeowner's property for unpaid service charges?
No. Routine septic-tank pumping and cleaning was not lienable. Oregon's construction-lien statute reached construction, alteration, or repair of an improvement, and routine cleaning did not qualify.
After the federal Balanced Budget Act of 1997 expanded Medicaid coverage of Medicare Part B premiums up to 175% of the poverty line, did New York need to amend Social Services Law § 367-a to comply?
Yes. The AG concluded that Social Services Law § 367-a(3), which caps Medicaid payment of Medicare Part B premiums at 120% of the poverty line, must be amended to comply with the Balanced Budget Act…
Can a licensed Texas chiropractor give injections or prescribe prescription drugs?
State Representative Hugo Berlanga and the president of the Texas Board of Chiropractic Examiners asked the Attorney General whether a licensed Texas chiropractor could use injectable substances…
Can a licensed Texas chiropractor practice acupuncture without a separate acupuncture license?
Bruce Levy, executive director of the Texas State Board of Acupuncture Examiners, asked whether performing acupuncture falls within the scope of practice of a licensed Texas chiropractor. The…
Could Travelers Rest's city administrator fire the police or fire chief under the town's 1998 code?
No. The 1998 AG said Travelers Rest's municipal code expressly excluded the police and fire chiefs from the department heads its administrator could suspend or dismiss. Under the town's council form…
Can a Long Island town or county condemn part of the LILCO/LIPA electric grid and use it to run its own municipal utility?
No. The AG concluded a municipality in the LILCO/LIPA service area cannot condemn LILCO or LIPA transmission and distribution assets. The Legislature gave LIPA exclusive authority to acquire LILCO,…
How did the 1998 South Carolina AG say Duncan Chapel Fire District should fill a board vacancy?
The 1998 AG said the vacant elected seat should be filled by election for the rest of the term. Because the district's founding acts gave no vacancy procedure, it applied the general…
Could a South Carolina prosecutor check prospective jurors' criminal histories in 1998?
The 1998 AG saw no prohibition on a solicitor or city prosecutor running criminal record checks on prospective jurors. The letter relied on decisions from other states and a SLED regulation on…
Can Maine fund a State House connector with Governmental Facilities Authority bonds without a statewide vote under the constitutional debt limit?
The Maine AG concluded LD 2259 was constitutionally permissible. Bonds the Maine Governmental Facilities Authority would issue for the State House connector and related renovations do not constitute…
Could South Carolina's treasurer print his own name but omit the comptroller general's name on state checks in 1998?
Yes. The 1998 AG said the State Treasurer had discretion over the check form and could print his own name while identifying the Comptroller General by title. The statute required the check to…
After South Carolina changed its transfer-fee law in 1997, did Hilton Head still owe the state its collected fees?
The 1998 AG said the 1997 amendments removed the prior requirement to remit real estate transfer fees to the State Treasurer and the related state-aid deduction option. For qualifying fees collected…
Was South Carolina still required to reimburse a dissolved town for lost inventory tax revenue in 1998?
No. The 1998 AG said the Town of City View no longer existed and therefore had no municipal inventory-tax revenue loss to reimburse under § 12-37-450. The AG declined to answer the hypothetical…
Could South Carolina colleges waive nonresident tuition for any scholarship recipient?
The AG recommended using the higher education commission’s guideline that required an academic scholarship of at least $250 per semester to qualify as scholarship aid. He read the statute as leaving…
Can a paid city firefighter also serve as a commissioner of a fire district that contracts with the city for fire protection services?
No. The AG concluded a paid firefighter of a fire department providing service by contract to a fire district may not also serve as a commissioner of that district. The two roles create at least the…
If a state employee is also a licensed Professional Geologist in North Carolina, can the state licensing board discipline that person for violating the Code of Professional Conduct while doing their state job?
Yes for licensed employees, but the practice exemption still applies. NC law exempts officers and employees of the federal government and the State of NC from the Geologists Licensing Act when they…
Could the spouse of a Louisiana Board of Pharmacy investigator serve on that board?
The 1998 opinion found no statute that automatically prohibited the marriage-based arrangement. It nevertheless urged withdrawal of the prospective board member's name from the election, through…
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