State AG Opinions
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Could a South Carolina guardian ad litem hire a private investigator in a child abuse case in 1995?
The 1995 AG letter said a guardian could employ an investigator when necessary for an independent assessment of the child’s circumstances. It urged limiting shared confidential information to what…
Could South Carolina’s corporate credit union merge into an out-of-state union and retain its state role in 1995?
The 1995 AG letter said the merged out-of-state entity could not continue as South Carolina’s single corporate credit union under the cited statute without legislative authorization. It separately…
When the 1993 General Assembly transferred 'the legal counsel and support staff' of the Banking Commission to the Department of Justice, did that mean one Commission attorney or two?
One. The 1993 Session Laws used singular language ('the' attorney, 'an' attorney) in three different provisions, so the legislature intended to transfer only one attorney (plus support staff) from…
Can a NC state agency charge another government agency a fee for performing a duty that a statute requires the first agency to perform?
No. When the General Assembly assigns one agency the duty to provide records or services to another government agency as part of a comprehensive statutory scheme, the providing agency cannot tack on…
If a Delaware town council votes on something that wasn't on the meeting agenda, can it fix the problem by voting again the right way?
Yes, under the law as it stood in 1995. The AG found that Georgetown's Town Council violated FOIA when it voted to evict the Chamber of Commerce from Town Hall without listing the matter on the…
If someone sues in court over a Delaware records request, does the Attorney General still rule on the same FOIA complaint?
No, under the law as it stood in 1995. The AG found that once a complainant filed a Superior Court lawsuit that included a FOIA count over the same records dispute, her separate petition asking the…
Could South Carolina deputies enforce littering laws in a posted private shopping-center lot in 1995?
The 1995 AG letter said deputies had authority to enforce littering and other generally applicable crimes on private property whether or not the lot was posted. Posting under the parking-lot statute…
Could Berkeley County voters use an initiative to repeal a water and wastewater ordinance in 1995?
The 1995 AG letter said the proposed repeal could not use the county initiative provision. The separate referendum procedure for repealing ordinances applied only to specified debt ordinances, not…
Did occasional three-hour church child-care volunteers need fingerprint checks under South Carolina’s 1995 act?
The 1995 AG letter said volunteers in the particular “Mothers Morning Out” program described did not need those checks. The occasional, roughly three-hour program did not meet the cited day-care…
Could Florence send municipal criminal cases to a county magistrate court in 1995?
The 1995 AG letter said municipal cases appeared eligible for magistrate-court handling through an agreed arrangement meeting the cited statutes, including county approval and a contract. The city…
Could police charge someone found with a stolen car when nobody saw the theft in 1995?
The 1995 AG letter declined to decide whether the particular evidence supported a charge or extradition. It said the circuit solicitor had discretion to weigh the evidence and likelihood of…
Could a South Carolina jail spend canteen and telephone proceeds on individual inmates or a staff party in 1995?
The 1995 AG letter repeated earlier guidance that jail canteen profits appeared to be public funds: they should not benefit individual inmates, could probably support the inmate population as a…
Could a South Carolina hospital waive patient copayments while billing an insurer in 1995?
The 1995 AG letter said a disclosed waiver probably did not violate state law if the insurer was billed for the hospital’s true charge. It warned that waiving the patient share while representing a…
Could a South Carolina county council set term limits for its members under the law reviewed in 1995?
The 1995 AG letter reaffirmed an earlier opinion that county councils lacked authority to impose their own member term limits; it said that authority rested with the General Assembly. The author…
Did closing South Carolina’s Cemetery Board repeal every cemetery law in 1995?
No. The 1995 AG letter said only laws governing or dealing with the terminated board were deemed repealed after windup. It reviewed Chapter 55 provision by provision, finding some rules still…
Can the NY Commissioner of Agriculture send a deputy in his place to ex officio board meetings of a public benefit corporation?
Yes. The AG concluded that Agriculture and Markets Law § 17(a) and (c) authorizes the Commissioner of Agriculture and Markets to delegate his ex officio responsibilities on the board of directors of…
Can a NY landowner pull their property out of the village if they get some but not all village services?
No. The AG concluded that Village Law § 18-1804 lets a property owner seek exclusion from the village only if the property receives none of the listed improvements (sidewalk, electric lights,…
Did a busy Connecticut flea market on unimproved land need a state highway traffic certificate?
The AG said a seasonal flea market on an unimproved tract by Route 7 did not need a State Traffic Commission certificate under the development statute, despite heavy traffic and about 1,000 parking…
Is Texas's one-year residency requirement for a liquor license constitutional?
The Texas Alcoholic Beverage Commission asked whether the Alcoholic Beverage Code's one-year residency requirement for liquor license and permit applicants violates the U.S. Constitution, given that…
Could the Maine AG prosecute legislative staff for documents found on Capitol computers under the state-computer-misuse statute?
No prosecution recommended. The AG analysis concluded none of the four categories of documents found on legislative computers would support a § 1890-B prosecution: political documents that did not…
Did the legislature accidentally re-activate Idaho's old 1-percent property-tax cap when it passed the 1995 school-funding bill, and if so, can counties or courts actually enforce a 1-percent cap?
On its face, yes, the 1-percent cap (Idaho Code § 63-923) was no longer nullified by cross-reference to other statutes after 1995. But the cap is impossible to implement under Idaho's existing…
Does the new federal-mandate child-support insurance enrollment law apply to NC's state employee health plan?
No. The 1994 NC law that required health insurers and private employers to enroll children of noncustodial parents on demand (without waiting for open enrollment) did not apply to the State Health…
Could a South Carolina city require every resident and business to use its trash service in 1995?
The 1995 AG letter did not decide whether Laurens could exclude private haulers. It found competing legal approaches, insufficient South Carolina court guidance, and no draft ordinance to assess;…
Did a Newberry County patrol commander count as a public officer for dual-office rules in 1995?
The 1995 AG letter said the commissioned Commander Uniform Patrol would most probably count as an officer for dual-office-holding purposes. The role involved sovereign police powers such as crime…
Could a South Carolina beer wholesaler supply a retailer with a cooler used only for soft drinks in 1995?
The 1995 AG letter said no under the statute as it then stood. A beer wholesaler could not furnish prohibited equipment to a retailer merely by acting in its soft-drink capacity or restricting the…
Did South Carolina’s civil protection-order filing fee threaten federal domestic-violence grant eligibility in 1995?
The 1995 AG letter said no. It read the federal grant condition as barring costs imposed on victims in criminal domestic-violence proceedings, while the state’s family-court protection-order…
Could five voters file a bond-referendum notice against a South Carolina school district bond issue in 1995?
The 1995 AG letter declined to decide the pending Newberry litigation but said the five-elector notice provision most probably applied to county and municipal bonds, not school-district bonds. It…
Could Chester County replace its 1945 forfeited-land commission law by county ordinance in 1995?
The 1995 AG letter said yes. The local act remained in effect until county action, but home-rule authority allowed Chester County Council to modify it by ordinance and follow the general…
Could a South Carolina city Democratic club give leftover primary funds to the county party in 1995?
The 1995 AG letter said the contribution would be permissible if club or party rules did not forbid it and the club determined that it furthered legitimate party aims. The letter assumed the money…
Does a Texas state agency have to pay county clerk filing, records, and courthouse-security fees?
The Attorney General concluded in 1995 that the Texas Railroad Commission had to pay county clerk fees when it filed the well-plugging notices required by Natural Resources Code section 89.043(e).…
Does Maryland's emergency medical services agency regulate 'litter van' stretcher transport, or does the Washington-area transit commission?
The opinion concluded that 'litter van' stretcher-transport services fell within the statutory definition of 'ambulance' and were generally subject to licensing by the Maryland Institute for…
Could an out-of-state trust company serve as trustee of a South Carolina living trust in 1995?
The 1995 AG letter said foreign corporate status alone did not make a trust company ineligible to serve as trustee of an inter vivos trust. A company conducting trust business in South Carolina…
Under pre-Structured-Sentencing law, can the Post-Release Supervision and Parole Commission combine an inmate's multiple consecutive armed robbery sentences into one aggregated term for parole-eligibility computation under G.S. 15A-1354(b), even when the consecutive sentences were imposed at the same sentencing hearing?
No to both. The Parole Commission cannot aggregate armed robbery sentences imposed for offenses committed before October 1, 1994, even if the consecutive sentences were imposed at the same hearing.…
After two school districts vote to merge but before the merger takes effect, can the interim joint board sign a new contract with a superintendent that scales back the contract rights he was promised in the merger plan?
Yes, but only to limit, not to expand. The AG concluded that under NCGS 115C-67 an approved school merger plan has the force of law and can be amended only by the General Assembly. The plan's…
When the North Carolina General Assembly meets in joint session to confirm a Governor's appointment to the State Board of Education, are the House and Senate votes counted separately or as one combined total of all legislators present?
Combined as one. The AG concluded that Article IX Section 4(1) of the NC Constitution requires confirmation of State Board of Education nominees by the General Assembly in joint session, which makes…
Can a Delaware governor's advisory council hold private meetings with invited guests under the state's open-meetings law?
No, under the law as it stood in 1995. The AG concluded that the Governor's Council on Equal Employment Opportunity qualified as a public body under FOIA because it was partly funded with public…
Can a NY county legislator also serve on the county health department's review committees and as the farm bureau representative to the soil and water conservation district?
No. The AG concluded county legislative service is incompatible with sitting on the Utilization Review Committee or Professional Advisory Committee because those committees make professional…
Does a NY village building inspector have to live in the village, or can the village let him live anywhere in the county?
The default is village residency, but the village can broaden it to the county. The AG concluded the Depew building inspector is a public officer (he enforces sovereign regulatory powers over…
Could a 1995 Idaho ballot initiative raise the minimum wage to $6.25, eliminate the tip credit and overtime exemptions, and bring farmworkers, domestic workers, outside salespeople, and some minors under the wage law?
Yes. The AG found no constitutional or statutory bar to any of the four changes. The federal Fair Labor Standards Act has a savings clause (29 U.S.C. § 218) that expressly lets states enact more…
Could a Kentucky county pay its clerk or sheriff extra for services outside official duties?
The AG found that the Lexington clerk's and sheriff's proposed contracts did not violate the constitutional cap on pay for official duties. But payment for separate work was valid only if the…
Does the Parole Commission have the authority to impose conditions on a mandatory reentry parole granted under G.S. 15A-1380.2, and if a prisoner refuses the conditions, must the Commission still parole the prisoner?
Yes to conditions, no to forced parole. The Parole Commission may impose the conditions listed in G.S. 15A-1374(b)(6) through (10) on any mandatory reentry parole under G.S. 15A-1380.2, and may…
Can a NY town appoint harbor masters with peace officer powers to patrol an inland lake?
Yes, if the lake is 'navigable waters' under Navigation Law § 2(4). The AG concluded Criminal Procedure Law § 2.10(19) gives peace officer status to harbor masters appointed by counties, cities,…
Can a NY city's public bus system sell advertising space on the buses to generate revenue?
Yes. The AG concluded that a city operating a public bus system has authority to sell advertising space on the buses, especially when the city uses competitive bidding and applies the revenue to bus…
Can a NY county and one of its officials sign a contract that gives the official a longer or shorter term than the county charter sets?
No. The AG concluded that when a county charter fixes the term of an office, neither the county nor the officeholder, individually or together, can establish a different term by agreement. Charter…
Can a NY village mayor appoint one of the trustees to run the village police department as the single police commissioner?
Yes. The AG concluded that Village Law § 3-300(3) authorizes board members to serve as 'single commissioners' in charge of village departments, and § 3-301(3) lets the mayor make that designation.…
When a North Carolina juvenile is committed to the Division of Youth Services and DYS is teaching them in a detention center or training school, can the juvenile's prior local school district refuse to send DYS the student's education records, citing FERPA?
No. FERPA expressly allows disclosure of education records to officials of other schools or school systems where the student is enrolling, subject to parental-notice requirements. DYS schools are…
Could Idaho voters pass a 1995 initiative giving parents a $500 income tax credit for each child not attending public school, and would that survive the U.S. and Idaho constitutions' bans on aiding religious schools?
The AG said the $500 credit might pass constitutional review, although the federal and Idaho questions were debatable. Because the credit went to parents who did not use Idaho public schools, the…
Which University of Texas fees are military veterans exempt from under the state tuition exemption?
The Attorney General concluded in 1995 that veterans who qualified under Education Code section 54.203 were exempt from most dues, fees, and charges at the University of Texas at Austin, but not…
Could Idaho voters bar sexual-orientation protections and restrict school and library speech through the 1995 Family and Child Protection Act?
The AG declined to decide whether the minority-status provision was constitutional while the Evans case was pending before the U.S. Supreme Court. The opinion found substantial First Amendment…
Could Connecticut contract for direct office supply delivery while a law kept its central warehouse open?
The AG said a proposed direct delivery contract did not itself violate the law requiring Connecticut’s central warehouse to remain open through the fiscal year. He found the existing award form…
Could Idaho voters pass a 1995 initiative that banned all abortions after 13 weeks of pregnancy, given the U.S. Supreme Court's 1992 Casey decision?
The AG concluded that the proposed 13-week ban appeared unconstitutional as applied before fetal viability. The opinion also warned that the proposal might be too restrictive even after viability…
Could a Greenville water commissioner also serve as Donaldson Development Commission executive director in 1995?
The 1995 AG letter said yes under the described facts. The water commissioner held a public office, but the at-will executive-director role was employment without sovereign powers, so the…
Could a South Carolina doctor charge to send records when a patient switched doctors in 1995?
The 1995 AG letter said the no-fee rule was not limited to physician referrals: provider requests and patient requests to send records for continuing care were covered. Whether a particular…
Did South Carolina Highway Patrol have to investigate a crash caused during a police chase without a police-car impact in 1995?
The 1995 AG letter said the patrol-investigation statute applied to the described chase and crash even though the pursuing police car never struck anything. It interpreted “involved” to include an…
If a 1995 ballot initiative changed one word in Idaho's school-bargaining statute (from 'shall' to 'may'), would Idaho teachers actually get to choose their own bargaining representatives?
The AG said the one-word change might not achieve the stated goal of letting teachers choose a negotiating agency. Although the proposal made negotiations appear optional under § 33-1271, § 33-1273…
Could South Carolina reserve deputies patrol alone with radio contact after the 1995 amendment?
The 1995 informal opinion said no. It read the amended law to require a reserve officer to be physically with a full-time certified South Carolina police officer while performing reserve duties;…
Could a South Carolina deputy sheriff also serve on city council, or a reserve officer on county council, in 1995?
The 1995 informal opinion said simultaneous deputy-sheriff and city-council service would probably violate the dual-office rule, as would county-council and reserve-officer service. Taking a second…
Can the Cleveland County Board of Commissioners require the Cleveland County and Shelby City school boards to enter into an agreement transferring hundreds of students between the two systems to ease county overcrowding, and even if not, can the two school boards do it voluntarily?
The AG said county commissioners could not compel the two school boards to agree to transfers. The AG was inclined to believe the boards could agree to assignments without each student's request,…
When a North Carolina superior court clerk shows up to inventory a decedent's safe deposit box, must the bank let in the family or the family's attorney too, and does the clerk have to give the bank advance notice?
Only the clerk (or designated deputy) and a bank representative must be present. Family members and others are not required to attend and the bank cannot insist that they do. The statute doesn't…
Could Louisville award a professional services contract without bids, and what if it skipped the required paperwork?
Under Louisville's 1995 procurement code, the city could negotiate certain professional services contracts without bids if it documented why competition was infeasible and its procurement officer…
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