State AG Opinions
Free state attorney general opinions with plain-English summaries, full citations, and the original source on every page.
No opinions match these filters
Try fewer or different words, check the spelling, or clear the filters to browse everything.
Could a South Carolina student retake the high school exit exam in the summer after junior year?
The 1996 opinion said state law did not appear to bar officials from authorizing the summer exam for a student who had failed portions twice and completed junior-year credits. It expressly did not…
Did a South Carolina officer have to witness an ordinance violation to issue an ordinance summons?
The 1996 opinion said the ordinance-summons statute contained no requirement that the officer personally witness the offense. It distinguished the summons from a custodial arrest and urged a court…
Did South Carolina’s 1996 school health-education rules apply to guest speakers and teachers of other subjects?
The 1996 opinion said the Comprehensive Health Act appeared to apply when instruction by a visitor or a teacher of another subject covered a topic within the Act. Whether a particular presentation…
Could a Kentucky county sponsor a federally funded flood project that included land inside a city?
Yes. The AG concluded that Martin County's fiscal court could serve as the nonfederal sponsor of the proposed flood-control project, including its portion inside Warfield. County funds still had to…
When North Carolina funds a charter school based on average daily membership, does the state pay based on the average ADM for the whole state or based on the ADM for the local school district where the charter school is located?
Local. The AG concluded that under G.S. § 115C-238.29H(a), the State Board of Education must allocate per-pupil funds to a charter school based on the ADM allotment for the local school…
Did Connecticut’s Board of Pardons have to hold a commutation hearing before every scheduled execution?
The AG left the timing of commutation hearings and who could request them to the Board of Pardons’ discretion. He said the board could also convene a hearing without any request, and referred…
Could a Spartanburg technical-education commissioner also serve on the city construction appeals board?
The 1996 opinion concluded that simultaneous service would probably violate South Carolina’s dual-office rule. It treated the education commission role as an office and said the appeals board…
Are Texas resource conservation council volunteers protected by charitable immunity?
Representative David Counts asked whether the Charitable Immunity and Liability Act of 1987 (chapter 84 of the Civil Practice and Remedies Code) covers a resource conservation and development…
Could a sheriff serve a South Carolina family court child-support arrest order on Sunday?
The 1996 opinion said the described order was most probably civil process because detention could end when the person complied with the child-support order. Civil process of that kind was generally…
Did a new Connecticut off-track betting site need a town referendum, or could the town council approve it?
The AG said Autotote’s request to open an additional off-track betting facility was a site-approval request, not a new license application triggering a referendum. It required the gaming officials’…
Could a South Carolina town add its own fee for processing expungement orders?
The 1996 opinion warned that a municipal expungement-processing fee appeared constitutionally questionable because the State prescribed uniform court fees. It did not declare an ordinance invalid…
Would Richland County council seats become vacant if redistricting delayed the next election?
The 1996 opinion said council members whose terms expired before successors could be chosen would continue as de facto officers until successors were elected and qualified. It left the…
Who could authorize dirt-track racing on Sunday in South Carolina in 1996?
The 1996 opinion advised obtaining a permit under the Sunday-event statute, especially if ticket sales, admission or other preparations began before 1:30 p.m. The statute assigned permitting to the…
What happens to a New York village's leftover money after the village is dissolved, sold off, and its debts paid?
The dissolution plan controls. A New York village's dissolution proposition under Village Law § 19-1904 must include a plan for disposing of village property and paying outstanding obligations. The…
If a valid petition to dissolve a New York village is filed but doesn't request an early referendum, can the village board push it to an early vote anyway?
No. Under Village Law § 9-912(1), when a valid petition for dissolution of a village is filed, the village board of trustees must submit the proposition in accordance with the petition. If the…
If a state agency tries to grab my state tax refund to pay off an old debt I supposedly owe, can I argue that the debt is too old to collect under the statute of limitations?
No, under this 1996 AG opinion. The civil statute of limitations in Chapter 1 applies only to lawsuits filed in court. The Setoff Debt Collection Act (Chapter 105A) and the State Employees Debt…
Could a Kentucky constable serve court papers in a different county?
No. The AG concluded that a Kentucky constable could serve process anywhere in the constable's own county, but had no authority to serve it in another county. An officer from the other county could…
Could Charleston police investigate a crash involving one of their employees driving someone else’s private car?
The 1996 opinion said the police department was covered by the statute barring an agency from investigating a collision involving its own employee and a privately owned vehicle. The result did not…
Did a South Carolina sheriff have to obey another county court’s order to transport a prisoner?
The 1996 opinion said a sheriff receiving a transport order valid on its face had to execute it, even when compliance required work outside the sheriff’s county. The order remained binding unless…
Could a Washington public school include a prayer in its graduation ceremony if students planned the program?
The Attorney General concluded in 1996 that a public school could not make prayer part of its official commencement program, even when students chose it. Quiet, unplanned prayer that did not disrupt…
If a county planning director allegedly tells someone by phone that a zoning condition can be waived, does that count as an illegal secret 'meeting' under Delaware's FOIA?
No, under the law as it stood in 1996. The AG found no FOIA violation because there was no evidence any Sussex County public body actually held a meeting or made a decision to waive a zoning…
Could a Washington school district fund optional employee benefits before offering all five basic benefit types?
No. The Attorney General concluded in 1996 that a district had to offer some form of medical, dental, vision, group term life, and long-term disability coverage before spending district funds on…
Can a buyer of the Waterville Hathaway plant qualify for Maine E-TIF benefits by rehiring the existing workforce?
No. The Maine AG concluded that a purchaser of the Hathaway plant in Waterville could not qualify for reimbursement under the Maine Employment Tax Increment Financing Act by retaining the seller's…
How did military leave count for a South Carolina corrections employee working 12-hour shifts?
The 1996 opinion said the employee could take up to fifteen regularly scheduled work days of military leave, even when those days were twelve-hour shifts. It also said alternative scheduling could…
Did a 1996 South Carolina expungement order require police to destroy the whole investigation file?
The 1996 opinion distinguished records that log the arrest and charge, which had to be purged under the cited expungement laws, from investigative work product and evidence. It said incident reports…
Who must a South Carolina city notify and cite when a train blocks a street crossing?
The 1996 opinion said notice should go to the conductor, engineer, agent, or other person in charge for each obstructing train. A citation required identifying a responsible person from the facts;…
Is information about individual State Health Plan members (eligibility, claims, medical history) a public record in North Carolina, and which outsiders can the Plan share it with?
No. Patient-level data held by the State Health Plan, its Board of Trustees, Executive Administrator, or Claims Processor is confidential under N.C. Gen. Stat. § 135-37 and is expressly carved out…
How can the Maine Legislature respond to a pending clearcutting initiative without forcing every related bill to go to voters?
The Maine AG told Senate President Butland that any forest-practices bill inconsistent with L.D. 1819 must be submitted to voters as a competing measure (Dorsky rule), unless the Legislature enacts…
Can the Maine Legislature pass forest-practices legislation at a special session in response to a pending clearcutting initiative?
Yes. The Maine AG told Governor King that the Legislature could enact a competing measure to L.D. 1819 at a special session (not only at the regular session), and that it could also pass legislation…
Can a South Carolina mental health center overrule a doctor’s emergency commitment decision?
The 1996 opinion said the examining physician had to consult the local mental health center about admission and alternatives, but the center could not veto the physician’s disposition decision. The…
Could Myrtle Beach’s base redevelopment authority approve a federal land transfer to a Bible college?
The 1996 opinion said the authority’s approval of a federal conveyance to a Bible college did not appear to violate state or federal rules on government support of religion, given the stated facts.…
Must South Carolina campus police help private process servers or vehicle repossessors?
The 1996 opinion endorsed the college police chief’s general practice of allowing private service or repossession to proceed while officers stood by for trouble. It said officers should address…
Could a former owner bid at auction for a vehicle forfeited after a South Carolina DUI or suspended-license offense?
The 1996 opinion said the former owner could bid at the required public auction and could buy the forfeited vehicle if the bid won. Forfeiture ended the owner’s prior title, and the opinion said the…
Could Kentucky schools lower grades for absences or deny promotion for excused missed time?
The AG said a school could not subtract points from a student's final grade as a penalty for unexcused absences, even with a make-up option. It also rejected the reviewed policies that denied credit…
Could a Kentucky school board exclude home-schooled children from its youth basketball league?
The AG said the Garrard County school board could exclude home-schooled and out-of-district children from its youth basketball league because no law or understanding shown to him gave them a…
Can a New York town charge a property owner when the police or fire department responds to a false alarm, or does State alarm-system law preempt that?
Yes. A New York town may impose charges on property owners for false emergency alarms to which the police or fire department responds. The state's alarm-business regulation (Article 6-D of the…
Can a New York village trustee also be vice president of an incorporated fire department fundraising entity and a volunteer firefighter, and vote on the fire department budget?
Yes, with one recusal. A New York village trustee can also serve as a volunteer member of the village volunteer fire department and as vice president of a separately incorporated fire department…
Could a South Carolina resort refuse a house party and require deposits for minors?
The 1996 opinion said an innkeeper could refuse a house party when there was reason to expect unlawful drinking, other lawbreaking, or disruption. It also said the statute allowed security from each…
Can the mayor of a New York village also serve as the chairperson of the town zoning board of appeals for the town the village sits in?
Yes, but with recusal. A New York village mayor can serve simultaneously as the chairperson of the town zoning board of appeals, because the two offices are in different governmental units and…
Can a New York county set fixed terms of office for its Industrial Development Agency board members, or do they serve at the appointing authority's pleasure?
Serve at pleasure. Under General Municipal Law § 856(2), members of the Montgomery County Industrial Development Agency are appointed by the county governing body and serve at its pleasure. The…
Could an Edgefield County emergency director also serve as mayor of Johnston?
The 1996 opinion said yes on the described facts. The mayoralty was a public office, but the county emergency director and E911 coordinator position appeared to be employment rather than a second…
Does a Delaware zoning board violate open-meetings law by saying it will take a matter 'under advisement,' or by holding a hearing in a room too small for everyone who shows up?
No violation, under the law as it stood in 1996, though the AG found the practice risked confusing the public. Taking a matter 'under advisement' after a public hearing, or holding a hearing in a…
Does a town committee's special meeting still need public notice if the town also mails personal invitations to an affected group, like Main Street business owners?
No violation, under the law as it stood in 1996. The AG found Millsboro's Economic Development Committee meetings and its Main Street Enhancement special meeting were each properly and timely…
Did South Carolina require a referendum before starting a major toll-road project?
The 1996 AG read the statute to require the Chapter 37 referendum process for a toll project costing more than $150 million, whether initiated by a county or the state transportation department. He…
Did the Southern Connector toll-road partnership make South Carolina a joint owner of a private company?
The 1996 opinion said the described arrangement appeared to be a construction contract, not state joint ownership or stockholding in the private consortium. Its conclusion rested on the reported…
Could a South Carolina public university give a coach or president a contract longer than one year?
The 1996 opinion said a multiyear university employment contract could be valid if payment in later fiscal years remained subject to continued legislative appropriations. The AG did not review a…
Could South Carolina natural resources employees buy their agency’s seized or surplus property at auction?
The 1996 opinion found no express auction statute barring such bids, but warned that employees doing business with their own agency could violate the state’s common-law public policy against…
Did Kentucky cap political-party committee gifts to candidates in the June 1996 special elections?
The AG concluded that no statutory amount limit applied to political-party executive committee contributions to candidates in the June 1996 special elections. His answer turned on a temporary…
If a New York city wants to take away the mayor's sole appointment power and require city council consent, does the change have to go on the ballot?
Yes. Under Municipal Home Rule Law § 23(2)(f), a local law that abolishes, transfers, or curtails any power of an elective officer is subject to mandatory referendum. The City of Ithaca's local laws…
When the federal government approved waivers letting North Carolina run its 'Work First Program' welfare reform pilot, did the waivers automatically become enforceable, or did the state's Department of Human Resources have to go through the state Administrative Procedure Act first?
The waivers became enforceable as substitute federal regulations on HHS approval. NCDSS did not have to adopt rules under the state APA before implementing the Work First Program because the waiver…
Which permanent-committee contribution limit applied to Kentucky's November 1996 legislative election?
The AG said the November 1996 election used the new limit of 50 percent of total contributions or $10,000, whichever was greater. He counted permanent-committee gifts after the May primary, and said…
Can a North Carolina airport (or other public-property authority) charge handicapped drivers a fee at a parking meter for using a designated handicapped space, or does state law prohibit any meter use against handicapped placard or plate holders?
A fee is allowed, but not a time limit. G.S. § 20-37.6(a) forbids enforcement of time restrictions against properly placarded or plated vehicles, including unlimited-time parking in time-restricted…
Does a Texas school district have to use the city's required garbage company inside city limits?
Representative Warren Chisum asked whether the Pasadena Independent School District has to use the single garbage hauler the City of Pasadena franchised inside the city, even though the district…
Can a Texas parent teach their teen driver education without a driving-school license?
The Texas Department of Public Safety asked the Attorney General several questions about Senate Bill 964, which let a parent or legal guardian teach a state-approved driver education course to their…
Can a Texas city's weaker adult-business zoning replace a county's stricter rules when it annexes the land?
Senator Don Henderson, chairing the Senate Jurisprudence Committee, asked whether the Local Government Code's annexation rules are unconstitutional because they let a city's weaker sexually oriented…
Can a Texas tax assessor-collector spend escrow interest without commissioners court approval?
Brazos County Attorney James Kuboviak asked whether a county tax assessor-collector may set up a separate account for the interest that builds up on the dealer's motor vehicle inventory tax escrow…
Could Gaffney’s fire chief also work as a reserve police officer while certified as a fire marshal?
The 1996 opinion said the fire chief role was exempt from South Carolina’s dual-office restriction, but a certified fire marshal and a reserve police officer each held an office. Serving in all…
Could a Kentucky property valuation administrator buy errors and omissions insurance with office funds?
The AG said a property valuation administrator could not treat errors and omissions insurance as an allowable office expense without specific legislative authorization. He also withdrew an earlier…
If a Delaware public records complaint gets the documents released after the complaint is filed, does the Attorney General still rule on whether FOIA was violated?
No, under the law as it stood in 1996. Once the Wilmington Housing Authority voluntarily produced the elderly-housing records a resident had requested, the AG treated her complaint as moot and did…
Do railroad maintenance vehicles and single locomotives trigger South Carolina crossing-stop rules?
The 1996 opinion said both a self-propelled rail maintenance vehicle of the described kind and a single locomotive counted as a railroad train under the crossing statute. Whether an approaching…
How these opinions are useful
- Understand state law: AG opinions are authoritative interpretations of how state law applies.
- Persuasive authority: Not binding like court decisions, but they carry significant weight.
- Government guidance: Often clarify how state agencies and officials should interpret statutes.
- Legal research: Cite AG opinions in letters, motions, and legal arguments.
Browse opinions by state
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.