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Could a South Carolina municipal judge set a $38 fine for a seat-belt violation in 1997?
An Assistant Deputy AG said no under the 1997 seat-belt statute. It capped a single violation’s fine at $10, barred court costs, and capped one incident at $20; the general municipal-court penalty…
Could South Carolina deem unopposed Laurens school-board candidates elected without holding an election?
An Assistant Deputy AG said the proposed bill was constitutionally doubtful for Laurens boards that appeared to have unsupervised taxing authority. Skipping the vote would prevent write-in…
Could a South Carolina coroner discard old death-investigation files to make room for new records?
An Assistant Deputy AG advised against destroying or removing the files. He found no coroner-specific authority to discard them outside the Public Records Act and recommended seeking storage or…
Which South Carolina court handled a parent’s school-attendance violation, and what contempt limit applied?
An Assistant Deputy AG said a criminal charge for failing to enroll or send a child to school belonged in magistrate court. The alternative family-court process could enforce an attendance order by…
Can a New York nursing home require a new resident to sign over power of attorney to the nursing home administrator as a condition of admission?
No. The AG concluded that a nursing home policy requiring incoming residents to execute any form of power of attorney naming the administrator as agent to manage Social Security and retirement…
Could Kentucky judges ban weapons throughout a courthouse shared with county offices?
The AG concluded that circuit and district courts could ban deadly weapons in the courthouse space provided for court use, even within a shared building. The opinion found no authority for judges to…
How should Maine treat increases in pension unfunded liability that result from court rulings, as an experience loss or as a revised certification?
The Maine AG concluded that the Board of Trustees of the Maine State Retirement System could treat an adverse ruling in Parker v. Wakelin as a revised certification of the June 30, 1996 unfunded…
Could a proposed South Carolina bill stop a losing primary candidate from taking office through write-in votes?
An Assistant AG said the proposal was probably unconstitutional as drafted because it covered federal candidates and might bar a candidate from that office indefinitely. She acknowledged competing…
Could Connecticut keep enforcing its blanket ban on assigning lottery prizes after a conflicting statute?
No. The AG found that a statute allowing certain prize payments to others conflicted with the division’s absolute ban on assigning prizes and invalidated that regulation. A later repeal of the…
Could Connecticut divide a state employee’s employment settlement over three years when calculating his pension?
The AG said a state settlement payment resolving a managerial employee’s potential discrimination claims could count as salary for retirement. Dividing it among his three highest-paid years did not…
Could South Carolina’s transportation department authorize interstate tolls and set rates without a new legislative act?
An Assistant Deputy AG said existing statutes appeared to give SCDOT broad turnpike authority, including on interstate routes. Rates had to support bond debt service with Budget and Control Board…
Did Oregon's Measure 40 make DUII roadblocks legal without separate authorizing legislation?
No. Without legislation specifically authorizing a DUII roadblock program, Oregon police could not lawfully run DUII checkpoints. Measure 40 did not supply that missing authority.
When someone asks the North Carolina Department of Motor Vehicles for a list of employees and former employees receiving state disability income, including their names and the dollar amount of disability income they receive, is that a public record the DMV must release, or is it protected personnel information?
The opinion concluded that DMV had to release the existing list it described: employee and former-employee names with disability-income amounts, but no details about the disabilities. It interpreted…
After Oregon voters passed Measure 47 capping property taxes, did the state still have the power to levy property taxes to pay off its general obligation bonds without going back to voters for approval?
The AG concluded yes: levying ad valorem property taxes to repay state general obligation bonds issued under Articles XI-A, XI-E, XI-F(1), XI-G, XI-H, XI-I(1), XI-I(2), or XI-J did not require voter…
If a NC sheriff in one county revokes a person's concealed handgun permit, can the same person move to another county and get a fresh permit from a different sheriff?
No. A bail bondsman had his concealed handgun permit revoked by the Forsyth County Sheriff for carrying a firearm into a confinement facility in violation of G.S. § 14-415.11. He moved to Stokes…
Can a school district refuse a large public records request about grant spending just because gathering all the documents would take too long?
No, under the law as it stood in 1997. The AG found that once a records request specifically identifies the documents sought, like purchase orders and expense records behind a grant's…
Did a South Carolina public employee’s military-leave day mean eight hours even on a longer regular shift?
A Deputy AG said the statutory leave counted regularly scheduled workdays, including longer shifts, rather than fixed eight-hour blocks. He identified up to 30 extra days for an emergency call-up…
Could a South Carolina magistrate impose installments on a judgment and issue a warrant when secured collateral was sold?
An Assistant Deputy AG said installment payment in place of execution required the creditor’s express agreement. A warrant for disposal of collateral could be supported under the cited statute…
Could the Texas Aircraft Pooling Board own and operate an airport for state aircraft, and who could condemn land for it?
The Attorney General concluded that the Aircraft Pooling Board had implied authority to own and operate an airport for state aircraft, but neither that board nor the General Services Commission…
Were Hanford radiation diet surveys held by Washington health officials public records, and could names be withheld?
The Attorney General concluded in 1997 that the diet forms and dose analyses were public records, but participants’ names and addresses were exempt personal information; the remaining material was…
Did a Georgetown-only law transferring board appointments to county council raise constitutional problems?
An Assistant AG said the 1996 act’s constitutionality appeared doubtful under the ban on laws for a specific county and raised a separate concern about special legislation. He did not invalidate it;…
Are district attorney investigators outside New York City subject to the police officer training requirements in General Municipal Law § 209-q?
No. The AG concluded that General Municipal Law § 209-q applied only to detective and rackets investigators employed by district attorneys in the five New York City counties. Investigators in other…
Does New York recognize a Georgia concealed-carry handgun permit, or any other out-of-state firearms license?
No. The AG concluded that New York Penal Law contains no general recognition of firearms licenses issued by other states, and the AG was not aware of any reciprocal agreements. Limited exemptions…
Could Beaufort County use its water recreation fund for public swimming lessons?
A Deputy AG concluded that the fund could not pay for swimming and water-safety instruction under the longstanding interpretation limiting it to physical water recreation resources. He said the…
Can the NC State Ports Authority finance an industrial facility that will be owned by the Authority and leased to a private company, even if the facility is not located right next to the state ports?
Yes, with two conditions. The NC Constitution Art. V § 13 lets state agencies acquire, build, and finance industrial and manufacturing facilities that 'relate to, develop or further' waterborne…
Did the 1997 redraft make Idaho’s one percent property tax initiative workable?
No. The AG said the proposal still lacked a way to implement its tax and budget limits. Its call for future enabling legislation could not require a later legislature to act.
Are uncompensated volunteer physicians and clinic staff at a SUNY medical school entitled to State defense and indemnification under Public Officers Law § 17?
Yes. The AG concluded that physicians, nurses, and other health care personnel volunteering through a SUNY-approved clinical program at Binghamton were State employees within the meaning of Public…
Can a New York county extend its legislators' terms from three to four years if it has recently reapportioned its districts, or does that count as a 'restructuring' the county can only do once a decade?
Yes. Changing legislator terms outside a reapportionment is not a 'restructuring' under Municipal Home Rule Law § 10(1)(ii)(a)(13)(f). The county may enact the change under its general home-rule…
Did York County towns have to return road funds approved before the transportation committee dissolved?
An Assistant AG said the towns did not have to return C funds that the transportation committee had approved and disbursed while it was operating. He presumed those acts valid and said county…
Can a New York county clerk reject a deed or mortgage for recording just because it doesn't follow the short-form template in Real Property Law § 258?
No. The AG concluded the county clerk must accept any properly acknowledged and executed instrument for recording. RPL § 258 provides optional short forms and expressly allows other forms; nothing…
Can a New York village court clerk also work as a state probation officer in the same area, or would the two roles conflict?
No, the two cannot be combined. The AG concluded that even though no statute expressly prohibits the combination, the village court clerk position and the role of state probation officer are…
Can a New York city's police force provide security for a city school district event held on school property that sits outside city lines in a neighboring town?
Yes. The AG concluded that a city and a town may enter into a municipal cooperation agreement under General Municipal Law Article 5-G so that city police may provide law enforcement on…
Can a non-charter county in New York skip the County Law's requirement to publish full text of every local law in newspapers, and instead just publish a short notice?
Yes. The AG reaffirmed that a non-charter county may by local law supersede the publication requirement in County Law § 214(2). The county can substitute a single notice of adoption and abstract…
Can a New York town pass a local law that lets its town attorney live anywhere in the county, instead of having to live inside the town itself?
Yes. The AG concluded that a town may by local law broaden the required residency for the town attorney to the county where the town is located. A 1990s amendment to Public Officers Law § 3 carved…
Can a New York city sell off land that has been used as a park, without first getting permission from the state Legislature?
No. The AG concluded that once a city has dedicated land for park purposes and improved and used it as a park, the land is held in public trust. The city cannot sell it or convert it to non-park use…
Could a combined city-county rate board approve sewer charges for both jurisdictions by one majority vote?
No. The AG concluded that a combined board's majority vote could not replace separate action by the city and county legislative bodies. Under the statutes examined in 1997, each body had to approve…
Could a technical college area commission require each county to pay a particular share of operating costs?
An Assistant Deputy AG read the cited statute to leave each participating county’s operating share to agreement between the district commission and county government. The letter found no further…
Can North Carolina cap a CAPCO insurance-premium tax credit on a first-come-first-served basis, so that once the cap is reached no other insurance company gets the credit, even if they made qualifying venture-capital investments?
Probably yes, the AG said. A first-come allocation rule is unusual but would likely survive a constitutional challenge based on the uniformity clause of N.C. Const. Art. V § 2 or the federal Equal…
If North Carolina enacts House Bill 295 to exempt intangible personal property (like goodwill) from ad valorem taxation, does the bill as drafted also accidentally exempt leasehold interests in real property that is itself exempt from tax, and does it constrain how appraisers may consider goodwill when valuing real property?
As written, the bill exempts all intangibles, which would sweep in taxable leasehold interests in tax-exempt real property. Section 1 needs an amendment to preserve taxation of those leaseholds. On…
How far back could Connecticut recalculate a teacher’s disability retirement payments after an election?
The AG said the Teachers’ Retirement Board could treat a recalculation election as filed up to three months earlier if it found that health-related circumstances delayed it. The board had no…
Do Texas police have to destroy a juvenile's records if the case isn't sent to juvenile court?
A district attorney asked how far the Family Code's juvenile-record destruction rule reaches. The Attorney General read section 58.001(c) to require a law enforcement agency to destroy all…
Can a Texas housing authority run Section 8 vouchers outside its own city or county?
A state representative asked whether public housing authorities set up under chapter 392 of the Local Government Code could administer a federal Section 8 housing assistance program for apartments…
Can a Texas city ban or limit cigarette vending machines?
A state representative asked whether a Texas home-rule city could pass an ordinance banning tobacco vending machines, or limiting them to places that keep out anyone under 18. The Attorney General…
Did a Kentucky school district have to post a certified job vacancy that arose before July 16?
Yes. The AG withdrew an earlier July 15 cutoff: a certified-position vacancy could arise at any time of year. Under the statute the opinion examined, the superintendent generally had to notify the…
Can a Delaware resident use FOIA to get copies of parking tickets the town issued to other people?
Partly. Under the law as it stood in 1997, the AG found the Town of Laurel had not violated FOIA because it made available nearly everything the resident requested over several years, including his…
Could Carlisle town council members be suspended after arrest or lose office after conviction?
An Assistant AG said arrest alone did not permit the Governor to suspend the council members. An indictment or waiver and a crime involving moral turpitude were required for suspension; a conviction…
Could Winthrop charge Charlotte-area graduate students in-state tuition without a statutory exception?
A Deputy AG said Winthrop had to follow the statutory residency and tuition rules and could not offer a lower nonresident rate outside an express exception. He did not independently verify the…
Can the same person work as a part-time deputy town clerk and serve as a town assessor in New York, or are those jobs legally incompatible?
Yes, the same person can hold both. The AG concluded that the appointed positions of deputy town clerk/receiver of taxes and town assessor are compatible. Town Law § 20(4) bars holding two elective…
Could Texas exempt only The Nature Conservancy of Texas from property tax by naming it in a statute?
No. The Attorney General concluded that Tax Code section 11.23(c), which named The Nature Conservancy of Texas alone, was not a general-law charity exemption and violated the Texas Constitution's…
Can a school board approve new hires by having an administrator call each board member individually for their views, instead of voting at an open meeting?
Yes, a violation, under the law as it stood in 1997, though the AG ordered no remedy. Calling individual Woodbridge board members by phone to gauge their views on a new-hires list amounted to an…
Can a New York village parking attendant ticket a parked car for an expired inspection sticker or an expired registration?
Yes for inspection, no for registration. The AG concluded a parking enforcement officer can ticket a parked car with an expired inspection sticker but cannot ticket a parked car for expired…
Does New York's requirement that a city or village consent to locate a new cemetery apply statewide, or only inside Suffolk County?
Statewide. The AG concluded that Not-for-Profit Corporation Law § 1506(b)(1) requires city or village consent for a cemetery anywhere in New York. The Suffolk County town-consent rule in §…
Can a New York fire district require its paid firefighters and fire officers to live in the state, or are they free to live across state lines?
Yes. The AG concluded that the board of fire commissioners may require paid firefighters and fire officers, including the chief and assistant chief, to reside within New York State as a condition of…
If a city council member's employer is also the city's biggest taxpayer and contracting partner, do they have to recuse themselves when matters involving the employer come up for a vote?
Yes. The AG concluded that a city council member must avoid circumstances that compromise their ability to make decisions solely in the public interest, so when their employer has an interest in a…
Can a fire district employee hold both the fire chief position and a separate position as house maintainer at the same fire district?
No. The two positions are incompatible because the fire chief supervises all fire department employees, including the house maintainer, and one person cannot effectively supervise himself.
Can the Maine Legislature pass forest-practices amendments while a competing measure on that subject is pending before voters?
No. The Maine AG concluded that the Legislature may not enact legislation inconsistent with a competing measure that is pending before voters in a runoff referendum. The rule from Farris v. Goss…
Could a Kentucky superintendent's relative keep a classified school job under the 36-month employment exception?
No. The AG concluded that the 36-month prior-employment exception applied only to a relative certified for the position held. A classified employee could not use that exception.
Could a Kentucky sheriff require a criminal-process fee before serving a summons or making an arrest?
No. The AG concluded that a sheriff could not demand a fee before serving criminal process. Under the statutes examined in 1997, the sheriff received the fee only after conviction, entry of costs,…
Could a retired teacher serve as the lay member of a Kentucky teacher discipline tribunal?
No. The AG concluded that the lay member of the three-person teacher discipline tribunal could not be a retired, former, or non-practicing teacher or administrator.
Now that Congress has restored the public-safety exception to the federal Age Discrimination in Employment Act, can New Jersey again enforce the statutes that bar people over 35 from being hired as police officers or firefighters and require retirement at age 65?
In this 1997 opinion, the AG said the restored federal exemption allowed New Jersey to enforce its hiring-age caps and mandatory retirement rules again. People over 35 who were lawfully hired during…
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