State AG Opinions
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Can a planning board member also work as a full-time computer services employee for the same town?
Yes. The AG concluded no statute prohibits the combination, and the two positions are compatible at common law: the computer services job is not subordinate to the planning board and the duties do…
Can the same person serve as a New York village's code enforcement officer and also sit on the village planning board?
Yes. The two positions are compatible. They are not subordinate to one another, their duties do not conflict, and any case-specific conflicts can be handled by recusal.
What could a South Carolina municipal judge do about old warrants, missed hearings, jury demands and restitution?
A 1995 informal opinion said an arrest warrant did not lapse by age alone, failure-to-appear charges belonged in general sessions, and a jury demand could be made before trial. It also addressed…
Which 1994 state employee pay increases counted toward South Carolina probate judges’ and magistrates’ 1995 raises?
A 1995 informal opinion counted only the across-the-board 2% state employee increase as a cost-of-living adjustment for probate judges and magistrates. It excluded compression-relief and merit…
If Congress reinstates a federal tax deduction retroactively after Idaho's annual federal-conformity bill is already signed, can Idaho taxpayers use the new deduction on their Idaho state return, or do they have to wait for the legislature to update Idaho law?
They have to wait. Idaho's tax conformity statute pegs Idaho's definition of taxable income to the Internal Revenue Code 'as in effect on the first day of January, 1995,' so any federal change made…
Which county social services department records can be inspected by social services board members, and can an individual board member look at files concerning their own family (like a protective services file for their child or AFDC records on a relative)?
Board members may inspect client records collectively or individually when carrying out board duties. They may share client information only with other board members and relevant DSS staff. Juvenile…
Could Spartanburg County use school equalization tax revenue for salaries or property purchases in 1995?
A 1995 informal opinion said equalizing school funding was the county board’s primary financial objective. Salaries, administration and property purchases were permissible only if consistent with…
Did South Carolina’s 1995 school-property weapons law cover a self-defense pepper-spray canister?
Yes. An Assistant Deputy Attorney General said a pepper-spray canister could be a weapon or device capable of inflicting bodily injury under the statute, even when marketed for self-defense.
Can North Carolina's Department of Human Resources tell a home-health agency it can only treat patients within the geographic 'service area' on its Certificate of Need?
The AG concluded that the Department’s restriction on where home health providers serve patients was not immune from federal antitrust law under the state-action doctrine. The opinion found no…
Could a South Carolina insurance company pay off-duty deputy sheriffs to serve bad-check arrest warrants in 1995?
A 1995 informal opinion said deputies who satisfied the off-duty work conditions could be paid privately and still serve arrest warrants within their county. The office left any Ethics Act question…
Could a South Carolina police officer secretly record a suspect conversation and use it in court in 1995?
A 1995 informal opinion said an officer generally could record a conversation the officer joined without the other party’s consent. A recording still needed a proper evidentiary foundation, and…
Did an inmate’s old good-time discharge date require automatic parole or community release?
The AG said inmates sentenced for crimes covered by the 1994 good-time change were not automatically paroled or transferred to community supervision on the date they formerly would have been…
Can Maine's Senate President and House Speaker, by joint policy, deny lodging and meal reimbursement to legislators staying overnight before a session if they live within 75 miles of Augusta?
No. The AG found that the joint policy's 150-mile round-trip threshold and $20 meal allowance conflicted with 3 M.R.S.A. § 2. A legislator who occupied overnight accommodations away from home…
Did Washington’s constitution require property to be assessed at its full market value for property tax?
The Attorney General concluded in 1995 that the constitution did not itself require assessment at 100 percent of true and fair value, although a statute then did. The constitution required uniform…
When a Minnesota county-seat-removal petition is presented to the county auditor, can the petition be rejected because the affiants did not personally witness each signature? And is the City of Warroad's contingent offer to donate land and $4.5 million toward courthouse construction a valid election-law offer that the county board can accept?
Petition: not rejectable. The AG concluded that Minn. Stat. § 372.01 requires affiants to assert genuineness of signatures, 60-day recency, and legal-voter status, but does not require personal…
Did a Kentucky city or county ethics code have to cover every appointed official and employee?
No. The AG read KRS 65.003 to require coverage of every elected city or county official, while appointed officials and employees were covered to the extent the local code specified. The statute did…
Did transferring Kentucky real estate into a trust avoid the transfer tax?
Not automatically. Under the 1994 amendment the AG interpreted, a transfer to a trustee or from a trustee to a beneficiary qualified for the exemption only if a direct transfer from the trust's…
Could a Kentucky improvement district build a jail and use its property tax to run it?
The AG said a community improvement district could build a jail, and its tax could support operation of the jail building. The tax could not pay general jail operating costs such as staff, prisoner…
Could a South Carolina beer wholesaler give a retail permit holder a refrigerator for juice or water in 1995?
No. The 1995 opinion said the beer three-tier law barred a wholesaler from supplying cooling or refrigerated equipment to a retail beer permit holder. Using it for juice or water did not create an…
Would posting sex offenders’ names at a sheriff’s office make a proposed South Carolina registry bill unconstitutional?
In a 1995 informal opinion, an Assistant Attorney General concluded that proposed H.3300 would survive an ex post facto challenge. He viewed the proposed office posting of names and public access to…
Did a South Carolina university have to count summer teaching pay when disclosing an employee’s compensation?
Yes, under the South Carolina FOIA provision analyzed in 1995. An Assistant Attorney General said the university had to count salary and extra pay from the university together; if total compensation…
If North Carolina formally withdrew from the Atlantic States Marine Fisheries Commission compact, would the state still have to follow the Commission's fishery management plans for striped bass, summer flounder, weakfish, and other coastal species? And would the state lose any voting rights?
The state would still have to follow the plans. The 1995 NC AG opinion concluded that the federal Atlantic Coastal Fisheries Cooperative Management Act (1993) applied to every Atlantic coastal state…
Were seven Connecticut Employees’ Review Board appointments valid without assigned statutory terms?
The AG concluded that all seven 1995 Employees’ Review Board appointment letters were nullities because they did not identify which statutory term each person would fill. Four appointees also lacked…
Do you have to pay the witness fee for someone subpoenaed to a deposition, not just to court?
The Attorney General concluded in 1995 that the witness fee in section 22.001 of the Texas Civil Practice and Remedies Code (then a flat $10 per day) had to be paid to everyone subpoenaed to appear…
Could a 17-year-old South Carolina driver be charged with possessing liquor found in the car’s trunk?
A 1995 informal opinion said a charge could be brought, but finding liquor in the trunk did not itself decide guilt. The prosecution had to prove the driver knew of the liquor and had actual or…
Did South Carolina’s school firearm restriction cover a gun kept in a car parked beside a school building?
In a 1995 informal opinion, an Assistant Attorney General said an ordinary school parking lot could be immediately adjacent to a school building and that a gun in a car’s trunk or glovebox could…
Who filled a Saluda School District 1 board vacancy after a trustee died in 1995?
A 1995 informal opinion concluded that the Governor would appoint a replacement for the rest of the term upon recommendation of the resident county legislative delegation members. The writer found…
Did South Carolina magistrate-court eviction procedures meet HUD’s due-process standard for public housing tenants?
A 1995 informal opinion said yes. It concluded that the court process then offered notice, representation by counsel, a chance to contest the housing authority’s evidence and defenses, and a…
Could South Carolina authorities issue both domestic violence and assault warrants for the same incident?
In a 1995 informal opinion, the Deputy Attorney General said issuing both warrants would not itself violate the cited double jeopardy and prosecution rules. The prosecutor would decide which charge…
Can a New York city keep a seven-member zoning board of appeals even after a state amendment said boards must have three or five members?
Yes. The AG concluded that General City Law § 81 (the ZBA-membership rule) excludes cities with populations over 1 million, so it is not a 'general law' under the home rule definition. A city may…
Did a Connecticut first selectperson who performed police functions need police training?
The AG said a first selectperson empowered to perform police functions had to complete a basic training course prescribed by the Municipal Police Training Council. He declined to decide whether a…
Could a South Carolina golf cart permit holder let someone else drive the cart on a public road?
Under the 1995 provision analyzed, an Assistant Attorney General said no. The permit was personal to the licensed owner who obtained it; the owner could not authorize another person, especially an…
Could UConn share employees and computer services with its fundraising foundation?
The AG said UConn could have its employees work under its foundation’s direction for fundraising, with required approval for foundation-paid compensation. The foundation could use university…
Did South Carolina’s 1993 early childhood law require one named curriculum and assessment method?
No, according to a 1995 informal opinion. The law called for developmentally appropriate curriculum and assessment, but the Assistant Deputy Attorney General concluded it did not mandate a specific…
Could a South Carolina beer wholesaler give a retailer a refrigerator just for juice or water?
In a 1995 informal opinion, an Assistant Attorney General said no. He read the then-current beer law to bar a wholesaler from providing a retailer with equipment, including cooling equipment for…
Did Kentucky's 1995 marijuana tax violate double jeopardy after a drug prosecution?
The AG concluded that Kentucky's marijuana and controlled substances tax did not violate the Fifth Amendment's double jeopardy rule. It distinguished a Montana tax struck down after a conviction…
Which Kentucky land records owed the 1995 legal process tax: leases, contracts, or restrictions?
The AG said contracts for deed, mineral leases, and real estate leases were taxable conveyances under the 1995 legal process tax. Easement releases, deeds of restriction, and land use restrictions…
Did Washington cities have to replace appointed municipal judges with elected judges as soon as the 1995 law took effect?
No. The Attorney General concluded that appointed municipal judges could finish existing terms ending in 1998. A later same-year opinion clarified how midterm vacancies were filled.
Does Title VI of the Civil Rights Act ban discrimination in federally funded programs, and who counts as a recipient?
The Attorney General confirmed in 1995 that Title VI of the Civil Rights Act of 1964 (42 U.S.C. sections 2000d to 2000d-7) was enacted to prohibit discrimination based on race, color, or national…
Does the NY Crime Victims Board waive its lien on later recoveries when it compromises a lien on an earlier one?
It depends. The AG concluded that the Crime Victims Board's compromise or settlement of a § 634(2) lien on a particular recovery may or may not waive the lien attaching to a later recovery or the…
Can a public retirement system's board review a disability applicant's medical records in a closed meeting?
The Attorney General concluded in 1995 that the board of trustees of a public retirement system may meet in closed session to review and deliberate the medical and psychiatric records of someone…
Can a videographer who is a notary public, but not a court reporter, record a deposition in Texas?
The Attorney General concluded in 1995 that a 'videographer' who is also a notary public, but who is not a certified shorthand reporter, could not make a videotape that serves as the only record of…
Could a South Carolina garage bill a vehicle lienholder for storage before notifying them of the tow?
A 1995 informal opinion said the garage had no storage lien against the vehicle for charges incurred before it mailed written notice to the lienholder. It also said the prior recorded mortgage took…
Could South Carolina police briefly restrain a dangerous patient or student without an arrest or court order?
A 1995 informal opinion said temporary restraint could be lawful when the person was dangerous to self or others and immediate intervention was needed. It tied the authority to the then-current…
Was a members-only South Carolina retail store exempt from Sunday blue laws in 1995?
No, according to a 1995 informal opinion about a Sam’s Club in Anderson County. The writer said private membership did not create an exemption from the then-current Sunday sales rules. Before 1:30…
Did an expanded Texas county civil service system cover deputy sheriffs and constables, and could its commission create subpoena power?
Under the 1995 law and the facts presented, an expanded subchapter A county civil service system covered deputy sheriffs and deputy constables when the sheriff’s department had no separate…
Did South Carolina’s 1995 ninety-day cap combine consecutive sentences from different magistrate hearings?
A 1995 opinion read the cap as applying to consecutive terms imposed by one magistrate in one sentencing act, not as a lifetime or cross-court aggregate. It also applied the limit to municipal…
If a Delaware city council adds an ordinance to a revised agenda without explaining the delay, what can the AG do?
The AG found a FOIA violation because New Castle's revised agenda did not state why the ordinance item had been posted late. The mayor had asked that the council's action be voided, but the AG did…
Did South Carolina’s 1995 disabled-parking fee exemption cover daily airport lots and employees?
A 1995 informal opinion said the fee exemption for metered or timed parking covered daily, weekly, and monthly airport parking if it was time-based. It also said an eligible employee using a…
Can a Kentucky school superintendent withhold qualified job applicants from a school principal?
For non-principal vacancies, the AG said a superintendent could choose which qualified applicants to list first, but had to supply all applicants meeting statutory, regulatory, and legitimate board…
Could a Washington public school let a student religious club meet in the same rooms as other clubs?
The Attorney General concluded in 1995 that Washington’s constitution allowed equal access for a voluntary student religious club in a neutral school forum. The district could recognize the club for…
Could a 1995 South Carolina bill shift zoning near one regional airport to a special authority?
A 1995 informal opinion said a court could well uphold proposed H.3604, which would move certain county and town zoning functions to a Greenville-Spartanburg airport authority. The writer stressed…
Did Union County’s nine-member election board need members from both major parties in 1995?
Yes, in a 1995 informal opinion. The writer said the seven-member-board statute did not apply to Union County’s nine-member board, but a general election-commission statute still required at least…
Would a Connecticut casino study commission end tribal video gaming payments to the state?
The AG said proposed Senate Bill No. 158, which would create a commission to study gaming, would not itself authorize another casino or release the Mashantucket Pequot Tribe from its video gaming…
Why did South Carolina Family Court proceedings generally lack juries in 1995?
A 1995 informal opinion said most Family Court matters were equitable or statutory proceedings for which the state constitution did not guarantee a jury, and the Family Court rule then required…
Could a public college trustee also serve on South Carolina’s higher education commission under 1995 bills?
A 1995 informal opinion said the two pending bills probably avoided a dual-office problem because they made trustee representatives ex officio commission members. It warned that such membership…
Could a South Carolina coroner give EMS crews authority to secure a death scene before investigators arrived?
A 1995 informal opinion said the coroner probably lacked authority to delegate crime-scene control to EMS or rescue personnel. The writer found no statute empowering those personnel to secure the…
Can a Texas county cut or phase out health insurance for district judges and the district attorney?
The Attorney General concluded in 1995 that Local Government Code section 157.002 let a county provide medical coverage for district officers whose salaries the county pays, even a supplemental…
Can a Texas acupuncturist call themselves a 'doctor' or 'Oriental Medical Doctor (O.M.D.)'?
The Attorney General concluded in 1995 that a Texas acupuncturist could use the title 'doctor' as long as they followed section 4 of the Healing Art Identification Act, which requires designating…
If a Texas school district hires a private company to run its classes, does it still have to follow state school rules?
The Attorney General concluded in 1995 that section 23.34 of the Education Code, which lets an independent school district contract with a public or private entity to provide educational services,…
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