State AG Opinions
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Can the NC Board of Nursing waive its rule requiring proof of passing the national nursing exam when a foreign-licensed nurse seeks NC licensure by endorsement from California (where she was licensed in 1966 before California required the national exam)?
No. The rule's substance is rooted in N.C.G.S. § 90-171.32, which requires that the applicant's original jurisdiction's licensing requirements be substantially equivalent to or exceed NC's.…
Who paid the Orangeburg election commission’s legal expenses from a contested school board runoff?
The 1995 AG letter concluded, with stated uncertainty, that the county election commission bore the protest expenses because election duties had passed to it and no statute or agreement placed the…
Could a South Carolina commercial driver face a criminal charge for measurable alcohol, and did a CDL warning permit a later DUI charge?
The 1995 AG letter read the measurable-alcohol rule as a criminal offense as well as a 24-hour out-of-service basis, while acknowledging that courts had not settled the question. It said the CDL…
Can a state-employee flexible benefits program offer a pre-tax medical spending account without duplicating the State Health Plan and thus violating the duplication ban?
Yes. The AG concluded that a medical spending account (MSA) within NC Flex would not duplicate the State Health Plan because it would fill gaps in coverage and reimburse out-of-pocket expenses…
Can NC Flex include a medical spending account where state employees set aside pre-tax dollars for out-of-pocket medical costs, without illegally duplicating the State Health Plan's coverage?
Yes. A medical spending account that reimburses employees for out-of-pocket expenses like deductibles, coinsurance, and copays does not duplicate the Comprehensive Major Medical Plan; it fills…
If the State adds supplemental life insurance, accidental death and dismemberment insurance, and supplemental disability insurance to the new statewide flexible benefits plan (NC Flex), would those options duplicate the benefits already provided by the State's mandatory retirement systems and Disability Income Plan, violating N.C.G.S. §§ 116-17.2 and 143-34.1(d)?
No. Supplemental life, AD&D, and disability insurance offered through NC Flex would provide benefits over and above the existing mandatory state plans, not duplicate them. The statutory…
An 'irrevocable' preneed funeral contract can only be revoked by 'a court of competent jurisdiction' under § 90-210.65(e). Which court is that, how do you start the case, and what happens when the contract purchaser has been declared incompetent?
Any trial-division court of the General Court of Justice (superior or district) is a 'court of competent jurisdiction.' Start the case with a regular civil complaint naming as defendants the…
How were Connecticut workers’ compensation COLAs calculated for injuries before July 1993?
For workers injured before July 1, 1993, the AG said 1994 and 1995 cost-of-living adjustments had to use the maximum compensation rate formula in force at the time of injury. The later formula did…
Did a Delaware school board give proper notice when its meeting agenda just said 'Personnel' before interviewing principal candidates in closed session?
No, under the law as it stood in 1995. The AG found the Woodbridge Board of Education violated FOIA by listing its executive session only as "Personnel" without citing the specific statutory ground…
Could the State of Idaho lend public employees to the United Way for an eight-week fundraising drive while still paying their state salaries, and what general limits applied to sharing state employees and facilities with private charitable foundations?
No on the United Way loan: paying state employees to do charitable fundraising failed the public purpose doctrine. Sharing arrangements with charitable foundations were permissible only if they…
Did a wheelchair rider need medical help during the trip for the vehicle to count as an invalid coach?
The AG clarified that a rider was a “patient” for invalid-coach regulation only when the rider needed medical assistance during transportation, along with meeting the statute’s other criteria.…
Could a South Carolina magistrate voluntarily give up part of the statutory salary to save county money?
The 1995 informal AG letter said yes for a genuinely voluntary waiver. It read the minimum-pay rule as binding the county, while allowing the magistrate personally to decline part or all of the pay;…
Could Connecticut withhold a town’s tax-exemption reimbursement because the manufacturer violated environmental law?
The AG said the state had to reimburse Brookfield for a qualifying manufacturing equipment property-tax exemption even though the business had violated an environmental order. Neither the exemption…
Could Connecticut review Amtrak electrification substations after a federal environmental study?
The AG said federal oversight of Amtrak’s rail electrification project did not entirely displace Connecticut Siting Council review of proposed substations and power lines. Congress settled the…
Could Lexington School District Four sell or lease school property without county consent or at less than fair market value?
The 1995 AG letter said the district was subject to the statute requiring county approval for a school-property sale or lease. It cited earlier opinions saying the property could not be donated, but…
How could a South Carolina town obtain annexation petition signatures for heirs property with unknown owners?
The 1995 AG letter said state annexation law then offered no alternative signature method for that situation. It suggested that probate or a court action to clear title might identify the owners…
Could Columbia’s fire marshal enforce building and fire codes inside state-owned buildings in the city?
The 1995 AG letter said code interpretation and enforcement for state buildings belonged to the State Engineer, not the city fire marshal. It described the city official’s authority there as related…
Could one person serve on Newberry County’s transportation committee and nursing home board at the same time?
The 1995 AG letter said simultaneous service most probably violated South Carolina’s dual-office rule because both positions appeared to be public offices. It reserved reconsideration if a county…
Can a register of deeds accept computer-printed UCC financing statement forms generated by a bank's PC software, instead of the traditional pre-printed carbon-paper forms?
Yes. The Uniform Commercial Code does not require any specific form for a financing statement. As long as the document includes the required content (debtor and secured party names and addresses,…
Does Minnesota's 1994-95 uniform election day statute (Minn. Stat. § 205.07, as amended) apply to home rule charter cities such as Crystal, requiring biennial four-year council terms instead of the city's three-year terms?
Yes, with a January 1998 transition. The AG concluded that the 1994 and 1995 amendments to Minn. Stat. § 205.07, subd. 1, would apply to statutory and home-rule charter cities when effective January…
Can insurance companies refuse to write property insurance in certain geographic areas of North Carolina, like the coastal counties, and what is the Insurance Commissioner's authority to require coverage?
Yes, with limits. Outside the motor vehicle context, NC statutes do not require insurance companies to insure every applicant. But under G.S. 58-63-15(7)(c), insurers commit an unfair trade practice…
The 1995 General Assembly gave the NC State Bar $500,000 'to further the criminal justice system.' Can the State Bar grant part of that money to a private, nonprofit corporation (the Center for Death Penalty Litigation) that supports capital defense work?
Yes, if the State Bar determines that the Center's proposed use of the money will further North Carolina's criminal justice system. The AG said improving that system is a public purpose and that the…
Which South Carolina rate-approval rule governed automobile insurance premiums in 1995?
The 1995 AG letter identified the automobile-insurance provisions, not the property, casualty, and title provision the requester asked about. It said proposed auto rates needed Department of…
Who brought a South Carolina fugitive back from another state, and who paid the transport costs?
The 1995 AG letter described the circuit solicitor applying to the governor for extradition. It said a SLED agent and an officer from the local agency usually transported the fugitive, with each…
When the Idaho Department of Health and Welfare subpoenas records from another state agency under § 56-227C, can that other agency refuse on the ground that the records are exempt from the public under the Idaho Public Records Act?
No. The Public Records Act governs only the public's access; it does not limit administrative subpoenas. Section 9-343(3) expressly preserves administrative discovery, and a constitutional or…
Could a Kentucky court clerk report an unpaid car loan judgment to suspend the buyer's driver's license after a crash?
No. The 1995 opinion said a creditor's judgment for missed car installment payments arose from a contract breach, even if the buyer had wrecked the car. It was outside the motor vehicle judgment…
Did South Carolina police retirement benefits give triple credit for unused annual leave at retirement?
The 1995 AG letter agreed that up to 45 days of termination pay for unused leave was included before the three-year average was calculated, rather than added afterward to produce triple credit. It…
Was turning left across a South Carolina street into angle parking an illegal U-turn?
The 1995 AG letter said turning back down the opposite side of the street to park violated the U-turn statute. A direct left turn into an angle space might also violate it, but the letter left that…
Could a sheriff’s deputy transport someone arrested by a private security guard without assuming liability for the arrest?
The 1995 AG letter said a deputy generally would not be liable merely for taking custody and promptly transporting the person if the deputy neither participated in the arrest nor had reason to…
Can the same person serve as both town supervisor and the mayor of a village inside that town?
No. The AG concluded that a person may not simultaneously hold the offices of town supervisor and mayor of a village within the same town. The two are incompatible under the Ryan v Green test…
Can a NY town shorten the supervisor's term back from four years to two years after voters approved the longer term?
Yes. The AG concluded that a town board may reduce the term of its supervisor from four to two years by enacting a local law subject to a mandatory referendum. Although Town Law § 24-a only provides…
If a Delaware school board explains in writing why a teacher was put on leave, does it also have to hand over her personnel file to a concerned parent?
No, under the law as it stood in 1995. The AG found that Woodbridge School District had complied with FOIA when it explained in writing why a teacher had taken a leave of absence and offered to meet…
Could a South Carolina magistrate amend a warrant or traffic ticket after a prosecutor found prior convictions?
The 1995 AG letter said an upward amendment to reflect prior convictions for the same offense was generally permissible if it caused no undue surprise and stayed within magistrate jurisdiction. It…
Could someone serve on the Charleston County Library Board and South Carolina State Board of Education together?
The 1995 AG letter said the state education board seat was a public office and a county library board seat probably was too. Concurrent service could therefore violate the dual-office clause, but…
Did South Carolina voters have to give a Social Security number to register in 1995, and could the public see it?
The 1995 letter read state law as requiring the number and concluded that the federal Privacy Act grandfather provision permitted that requirement. Election officials reportedly masked numbers on…
Could Connecticut’s governor elevate a sitting justice to chief justice without a commission recommendation?
The AG said the governor’s nominee for Connecticut chief justice had to come from the Judicial Selection Commission’s list of qualified candidates. An associate justice already serving on the…
Who could sign a 1995 South Carolina agreement with the Navy over the H. L. Hunley?
The 1995 AG letter identified the Hunley Commission as an essential party and said the Attorney General could sign in conjunction with it. It also recommended signatures from the Budget and Control…
Can the Maine governor lay off state workers or stop spending appropriated funds to push through Productivity Task Force changes before the Legislature acts?
Mostly no. The AG concluded the Governor could trim All Other spending and lay off employees to capture productivity savings, but could not use either lever to eliminate a statutorily mandated state…
Did the 1995 South Carolina AG consider Horry County’s proposed public-nudity ordinance facially valid?
Yes. The 1995 informal letter concluded that the proposed ordinance was valid on its face under state and federal law, while warning that some applications could reach lawful or protected conduct.…
Could South Carolina officers force entry into a home to carry out a mental-health detention order in 1995?
The 1995 AG letter favored obtaining a judicial order before forced entry to seize a person for mental-health detention. It said a probate-court order could suffice without an arrest warrant, but…
Could Seneca police serve a warrant at the Oconee County jail in Walhalla, and did Walhalla officers have to execute probate commitment orders?
The 1995 AG letter said Seneca police lacked territorial jurisdiction to serve their own warrant at the Walhalla jail; a sheriff’s deputy or magistrate’s constable could serve it through the cited…
Could a South Carolina city charge a business-license tax on a store’s beer and wine sales in 1995?
The 1995 AG letter relied on state tax provisions that made beer, wine, and liquor taxes exclusive of other local taxes and licenses. It treated the earlier AG conclusion barring a local…
Could a South Carolina city tax video-game machine receipts on top of a machine license fee in 1995?
The 1995 AG letter read a South Carolina Supreme Court decision as barring a municipal license tax based on video-game machine receipts in addition to a permitted machine fee. A provision that might…
Could one person serve on the Cherokee County Development Board and Gaffney’s planning commission in 1995?
The 1995 AG letter said dual office holding was quite possible but did not give a final yes-or-no answer. It needed to know how Gaffney’s commission was established and whether later county action…
Did Cherokee County have to keep paying a magistrate who could not perform most duties because of illness in 1995?
Yes, on the facts assumed in the 1995 letter. The AG concluded that the county should continue the magistrate’s usual salary and benefits during the current term because the statute protected…
Could a tribal law enforcement officer arrest a tribal member off the reservation on a tribal court warrant, and could an Idaho state officer arrest someone off the reservation based on a tribal court warrant?
A tribal officer needed state statutory recognition of tribal warrants and deputization to arrest off the reservation. For state officers, the AG said statutory authority plus an agreement with the…
When North Carolina lets a person clear their criminal record (expunge it) under § 15A-145 (under-18 misdemeanor first offender) or § 15A-146 (dismissed or acquitted charge), can the petitioner clear multiple offenses, or only one?
Only one. Both statutes are written in the singular throughout: 'a crime,' 'a misdemeanor,' 'the charge.' That word choice plus the no-prior-expungement bar tells the AG that the legislature meant a…
Could a 1995 Idaho ballot initiative recognize private 'volunteer militia organizations' as part of the state militia and shield them from legislative regulation, gubernatorial oversight, and adjutant general control?
No. The Idaho Constitution gives the legislature authority to regulate the militia (Article 14, section 2), the governor command-in-chief authority (Article 4, section 4), and authority over…
Why did Idaho’s AG warn against cutting the sales tax to 3% while keeping the use tax at 5%?
The AG said the different rates would tax typical out-of-state purchases more heavily than in-state sales, creating a serious Commerce Clause problem. He recommended lowering the use tax to 3% in…
Why did Idaho’s AG say a 1995 food, water, and clothing sales tax initiative needed redrafting?
The proposal amended only the sales tax statute, so Idaho’s use tax would still apply to food, water, and clothing. The AG recommended creating an exemption under § 63-3622 or amending the use tax…
What constitutional objections did Idaho’s AG raise to the 1995 initiative that would criminalize abortion after detectable fetal activity?
The AG advised that the proposed ban reached abortions before viability and violated the then governing Casey standard. The initiative’s language about protection under federal and state…
Could South Carolina’s governor suspend an indicted school superintendent and assistant superintendent in 1995?
The 1995 AG letter concluded that both officials counted as officers for the suspension provisions and that the described indictment charged an offense involving moral turpitude. It said the…
When state coastal reserve boundaries (Masonboro Island, Rachel Carson, etc.) include private property that the state hasn't yet purchased, can the state apply its coastal reserve use restrictions to the private parcels, and can it block private landowners from building piers into the adjoining state-owned submerged waters?
Coastal Reserve use restrictions did not apply to privately owned land merely because it lay within a proposed reserve boundary. The statutes also did not justify denying a pier solely because the…
Was a sweepstakes entry form that switched long-distance service deceptive under South Carolina law in 1995?
The 1995 AG letter concluded that the promotion appeared unlawful because entering the sweepstakes also authorized a carrier switch without clear disclosure. It said the material had a capacity to…
Could a South Carolina city withhold job applicants’ names or council grievance records under FOIA in 1995?
The 1995 AG letter treated disclosure as the starting rule, with the city to decide whether a specific privacy or other exemption applied to applicant and grievance records. It also said FOIA itself…
Could a Piedmont Park fire district commissioner also serve as a volunteer firefighter in 1995?
The 1995 AG letter concluded that serving both as district commissioner and district officer or firefighter would create an impermissible master-servant conflict, because commissioners selected and…
Can a NY town approve a single combined sewer rate for two separate sewage-works corporations operating in different areas?
No. The AG concluded that each sewage-works corporation organized under Transportation Corporations Law Article 10 must petition for a sewer rate tied to the cost of operating and maintaining its…
Did an intervening Washington special session end the legislature's chance to override a governor's veto?
The AG concluded that it did not. For a bill vetoed after adjournment, lawmakers could consider an override at the special session or wait until the next regular session; the opinion did not decide…
Which county’s Sunday-sales rule applied to a store straddling Richland and Lexington Counties in 1995?
The 1995 AG letter said Richland County’s suspension of blue laws applied only on its side of the boundary. Before 1:30 p.m. Sunday, the Lexington side remained subject to state restrictions except…
Should a South Carolina court clerk redact Social Security numbers before releasing public court records in 1995?
Yes. The 1995 AG letter said the Charleston County clerk should redact Social Security numbers before releasing otherwise public records, whether at the clerk’s office or through its computer access…
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