State AG Opinions
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Could a vandalism victim inspect or copy a child's confidential Texas juvenile-court records for use in a related civil damages case?
Possibly. A juvenile court could find that a vandalism victim had a legitimate interest in records needed for a related civil damages action, but that decision rested in the court's discretion.…
If Maine caps state contributions to the Maine State Retirement System for teacher retirement costs at 3% growth, forcing school districts to cover the rest, does that count as an unfunded 'state mandate' under Article IX, Section 21?
No. The AG concluded that Governor King's proposal in Part G of LD 706 (capping the State's MSRS teacher-retirement contribution at a 3% increase over the prior fiscal year's aggregate teacher…
Can Delaware school districts refuse to release the names of teachers along with their salaries in a public records request?
No. The opinion found that teachers' names, paired with their salary, position, and years of service, were public records under Delaware's FOIA, and ordered five school districts to produce them,…
Must a new operator post a bond for a Kentucky oil or gas well drilled before 1960?
The AG concluded that a successor operator had to post a bond for an oil or gas well drilled before June 16, 1960. Protection for wells already producing on that date against production-stopping…
Can a South Dakota school board member-elect also serve as Assistant Director of a cooperative educational service unit (the Black Hills Special Services Cooperative) where the school district is a member of the cooperative, contracts for services from the cooperative, and pays the cooperative for those services?
No. The positions are incompatible under both SDCL 13-43-1 (if the Member-Elect is a certified teacher she is 'drawing public money as a teacher' from a public-financed multi-district education…
Can a private company guarding federal property in DC apply for special police officer licenses for its employees?
Yes. The DC Special Police Officer statute lets any 'corporation or individual' apply, and a private contractor responsible for guarding federal property qualifies. Earlier Corporation Counsel…
Could South Carolina pass a landfill siting restriction that applied only in Spartanburg County?
The 1995 informal opinion considered the proposed Spartanburg-only landfill restriction constitutionally doubtful under South Carolina’s ban on laws for a specific county. The writer stressed that a…
Under North Carolina's state-law definition of 'handicapped person' in Chapter 168, did substance abuse count as a handicap, so that a substance-abuse halfway house would qualify as a protected 'family care home' under § 168-21(1)?
No. The 1995 NC AG opinion concluded that substance abuse did not fit § 168-21(2)'s definition of a present, non-correctible loss of body function substantially impairing normal functioning. So a…
Could an Isle of Palms planning commissioner also serve on its public works commission?
The 1995 informal opinion said simultaneous service would most probably violate South Carolina’s dual-office restriction. Its conclusion assumed the Isle of Palms public works commission was…
When did laws from Kentucky's four 1994 and 1995 special sessions take effect?
The AG gave four default dates: September 21 and December 26, 1994, for the first and second 1994 extraordinary sessions; April 7 and April 28, 1995, for the first and second 1995 sessions. The…
Can a Texas county sheriff assign reserve deputies to work as paid security guards for private companies or other agencies?
The Attorney General concluded in 1995 that section 85.004 of the Local Government Code, which lets a commissioners court authorize the sheriff to appoint reserve deputies and call them into service…
Does a subordinated bank loan count against a Texas pawnshop's net assets when it applies for a license?
The Attorney General concluded in 1995 that a debt covered by a subordination agreement, in which the bank gives up its lien priority and any unsecured-creditor claim to the pawnshop's current…
Must a Texas city bid CDBG-funded contracts with nonprofits, and does that include grants?
The Attorney General concluded in 1995 that a Texas city spending federal Community Development Block Grant (CDBG) money had to follow municipal competitive bidding laws for contracts over the…
In Texas, can a towing company give a parking lot the required tow-away warning sign, or is that an illegal kickback?
The Attorney General concluded in 1995 that the warning sign a parking lot must post before towing unauthorized vehicles is a 'thing of value,' even though it cost only about twenty dollars, so a…
Could gubernatorial appointees vote on a joint South Carolina legislative committee in 1995?
The 1995 informal opinion concluded that gubernatorial appointees on the joint legislative committees described had the same right and responsibility to vote as other members because the examined…
If an Idaho city wants to apply its zoning rules to land just outside the city limits in the 'area of city impact,' can the city council pass that ordinance on its own, or does the county also have to act?
The county also has to act. Only the board of county commissioners can exercise legislative authority in unincorporated land outside city limits. A city can draft an area-of-impact zoning plan, but…
Can a Texas university run a student debit card program without a banking or check-seller license?
The Attorney General concluded in 1995 that a campus debit card program (where a student, faculty member, or staffer prepays into a university account and draws it down for on-campus purchases, with…
Do disability-owned businesses count as Texas HUBs (historically underutilized businesses)?
The Attorney General concluded in 1995 that no, the General Services Commission could not adopt a rule treating businesses owned by people with disabilities as 'historically underutilized…
Who transported Kentucky county jail prisoners to a psychiatric facility in 1995?
The AG said the sheriff was responsible for transporting prisoners held on criminal charges from a county jail to a psychiatric facility when the county had a jail, was not an urban county, and the…
If Delaware school board members meet with fewer than a quorum present, can that still violate the state's open meeting law?
The opinion found that the Woodbridge School District's January 1995 breakfast meeting again violated Delaware's open meeting law for the same reasons as a prior decision, and warned that even a…
Can members of the North Carolina Marine Fisheries Commission, their family members, or members of the Commission's advisory committees receive grants from the state Fishery Resource Grants Program that the Commission itself awards?
Commissioners themselves, no. G.S. 14-234(a) prohibits a public officer from contracting with the body on which the officer sits, and recusal does not cure the violation. Family members of…
Are professional license applications filed with a Delaware licensing board open to public inspection?
Mostly yes. The opinion found that applications filed with Delaware's Committee on Massage/Bodywork Practitioners were public records subject to inspection, except that any criminal history…
Can a Troy Housing Authority member move outside the city of Troy but stay on the board?
No. The AG concluded that members of the Troy Municipal Housing Authority are local public officers under Public Officers Law § 3 and must reside in the City of Troy at appointment and throughout…
In a NY city with a city-manager form of government, does the manager or the mayor appoint members of the city housing authority?
The city manager. The AG concluded that under Plan C of the Optional City Government Law (Watertown's plan), the city manager is the chief executive officer of the city. Public Housing Law § 30(2)…
Could Connecticut’s insurance board pay for a surety bond the treasurer bought directly?
The AG found that the State Insurance Purchasing Board lacked authority to pay the premium for a surety bond the Treasurer’s Office had bought through its own agent. The bond seller’s route for…
Could a Connecticut landlord deny a telecommunications provider access before state access regulations took effect?
The Attorney General concluded that owners of covered commercial and residential rental buildings could deny providers access until regulations implementing Public Act 94-106 were adopted, including…
Could off-duty Texas peace officers or security guards carry guns at a racetrack?
The Attorney General concluded in 1995 that no. Penal Code section 46.03 made it a third-degree felony to take a firearm onto certain premises, including a racetrack, and gave a defense only to a…
Can a NY county refuse to enforce the building code on industrial development agency property while still enforcing it everywhere else?
No. The AG concluded that Executive Law § 381 and 19 NYCRR §§ 441.2 and 441.3 allow a county to opt out of code enforcement entirely (in which case the Secretary of State takes over), or to allocate…
If a private drug-and-alcohol treatment center starts treating Department of Corrections inmates under a state contract, does that turn it into a 'penal and correctional facility' for zoning purposes?
No. Zoning classifications turn on the nature of the owner's use of the property, not the status of the people being served. Since the Mary Frances Center continued to provide drug-and-alcohol…
Can Texas force local governments into an assessment-funded insurance guaranty pool?
The Attorney General concluded in 1995 that no, the proposal as described would be unconstitutional. A legislative subcommittee wanted to create a guaranty association for the workers' compensation…
Do private industry council members in New York have to file annual financial disclosure forms with the county?
No, except for governmental representatives. The AG concluded that private industry council members are not officers or employees of the county. The council is a separate federal-law entity formed…
Can a charter county design its own indigent defense plan instead of using one of the County Law options?
No. The AG concluded that even a charter county cannot use home rule to design an indigent defense plan that differs from the options in County Law § 722. The right to counsel is a matter of state…
What restrictions did a South Carolina state employee face when seeking a family court judgeship in 1995?
The 1995 informal letter identified annual leave for campaigning during working hours, judicial screening restrictions on soliciting legislative pledges, and possible professional-conduct concerns…
Can a town planning board member do paid soil-boring work that ends up in subdivision maps the board reviews?
No. The AG concluded that General Municipal Law § 805-a(1)(c) flatly prohibits a planning board member from being paid for services in a matter that will come before the board. Even at $100 per…
Did South Carolina police have to notify a school principal after taking an out-of-state child into custody in 1995?
Yes, for the offenses specified by the 1995 statute. The opinion said the principal-notice duty covered out-of-state children and school breaks; the law did not prescribe a single notice method or…
Could a South Carolina cable customer avoid a theft charge by paying a basic-service bill while using an unauthorized descrambler?
No. The 1995 opinion said paying the amount charged for basic cable did not shield a customer who installed an unauthorized converter or descrambler to receive premium channels without payment. The…
Did extra vacation leave count as a salary increase under Washington’s 1993–95 college budget restriction?
The Attorney General concluded in 1995 that extra vacation leave was valuable compensation but not a salary increase under the budget restriction at issue. It ordinarily changed neither the fixed…
If a South Dakota county has spent public money grading and plowing a private driveway for 20+ years, does that turn the driveway into a public road? Can a county post a road as 'minimum maintenance' to skip plowing or graveling? And what duty does a county owe section-line roads it never officially adopted?
No to the first question. Twenty years of county maintenance does not turn a private driveway into a public highway under SDCL 31-3-1. Counties lacked express authority to designate roads as…
What were Kentucky constitutional officers' maximum salaries after the 1995 cost-of-living adjustment?
The AG found the Department of Local Government's 1995 cost-of-living calculations legally proper based on the data supplied. The opinion listed $45,216.81 for certain county officials, $75,361.34…
Can a Texas school district use local tax money to hire a lobbyist?
The Attorney General concluded in 1995 that no, the source of the money makes no difference. Education Code section 21.939 barred a school district from employing anyone required to register as a…
Can a Texas justice of the peace make employees pay for cash shortages?
The Attorney General concluded in 1995 that a justice of the peace is strictly liable to the county for the funds he actually collects and cannot offload that liability onto employees by contract or…
Can Texas revoke the peace officer license of an elected sheriff or constable?
The Attorney General concluded in 1995 that yes. Two Government Code sections seemed to clash: section 415.060(a) let the state licensing commission set revocation procedures for any license it…
Can a Texas constable who never got a peace officer license run for re-election?
The Attorney General concluded in 1995 that yes. The law requires an elected constable to obtain a peace officer license within two years of taking office, but that deadline is a condition for…
Did South Carolina’s higher education commission have to make private college licensing depend on ADA compliance in 1995?
No. The 1995 informal opinion said the Commission on Higher Education did not appear required to ensure ADA compliance by nonpublic postsecondary institutions as a condition of licensure. It did not…
Could South Carolina reserve police officers be paid for private off-duty security work under the 1994 amendment?
Yes, in the 1995 informal opinion’s reading of the amended law, reserve police officers could be paid for authorized private off-duty jobs. The writer distinguished that pay from compensation for…
Could a South Carolina voter enter a write-in candidate’s name on an electronic machine keypad in 1995?
The 1995 informal opinion adhered to earlier AG views that a write-in vote had to be in the voter’s handwriting or that of an authorized helper. It did not treat keypad entry on an electronic voting…
Could South Carolina charge out-of-state contractors the higher fees their home states charged South Carolina contractors?
The February 1995 informal analysis said the proposed bill probably would not survive constitutional review. Matching another state’s fees for South Carolina contractors appeared retaliatory, and…
Does the South Dakota Family Farm Act's ban on corporate hog confinement facilities (SDCL 47-9A-13.1) prohibit a cooperative corporation, whether foreign or domestic, from owning or operating a hog confinement facility or a swine farrowing facility?
No. The Family Farm Act's definition of 'corporation' in SDCL 47-9A-2(2) is limited to entities under the South Dakota Business Corporation Act (SDCL chapters 47-2 to 47-9) and limited liability…
Did an acting Connecticut department head have to take an oath before exercising office powers?
The AG said a temporary department-head designate had to take the state constitutional oath before exercising office powers. He treated designates’ earlier unsworn acts as valid under the de facto…
Could South Carolina’s governor suspend a local foster-care review board member after a kidnapping indictment in 1995?
The 1995 informal opinion found no authority for the governor to suspend a local foster-care review board member on the described kidnapping indictment. The writer treated the local board role as…
Could a Delaware licensing board member keep serving after her three-year term expired if the Governor hadn't yet appointed a replacement?
Yes, under the law as it stood in 1995. The AG concluded that a Delaware Board of Nursing member whose three-year term had expired could continue serving and exercising full Board powers until a…
Did a South Carolina officer need the paper warrant in hand to arrest on a verified misdemeanor warrant in 1995?
The 1995 AG opinion said an officer could arrest after verifying by radio that a real, outstanding warrant existed, even without the paper warrant in hand and even for a misdemeanor. It said the…
How did South Carolina’s 1994 law let counties collect real property taxes in installments or offer early-payment discounts?
Under the 1994 law as read in 1995, a county could authorize real-property tax installments and prepayment discounts by ordinance. The opinion set the final installment due date at January 15…
Can a North Carolina county board hold a closed session to talk about which piece of land to buy for an industrial park?
Generally no. After a 1994 amendment to the Open Meetings Law, public bodies can close a session only to negotiate the price or material terms of a specific real-property contract, or to discuss the…
Could Delaware withhold apprentices' names and wages from a public records request because the paperwork was stamped confidential?
Yes, under the law as it stood in 1995. The AG advised Delaware's Division of Employment and Training not to release information from agreements bearing a confidentiality stamp because the signer…
If a North Carolina tenant is sued for eviction in small claims court, do they have to post a defense bond before they can fight the case?
No. The G.S. § 1-111 defense bond ('not less than $200') applies only to common-law actions where the defendant is required to plead. Summary-ejectment defendants are not required to plead at all,…
Did NC DOT's rules permitting tree removal for billboard and business visibility violate the state Constitution?
The AG concluded the DOT rules did not violate the special privileges clause because they applied uniformly to businesses and billboards on property abutting state highways. The AG also doubted that…
Can the Advisory Budget Commission require the Governor to consult with it before acting on state-agency lease-purchase requests?
No. Because the Advisory Budget Commission includes ten legislators, requiring the Governor to consult with it before exercising an executive function would commingle legislative and executive power…
Could a Connecticut legislator force a borough to survey a disputed boundary?
The AG said an individual General Assembly member could not force a borough to survey its boundary. He identified a court petition procedure for disputes between municipalities but referred the…
Did the South Carolina AG consider kidnapping a crime of moral turpitude in 1995?
Yes. The 1995 opinion concluded that kidnapping was a crime of moral turpitude. It acknowledged that the office had not previously decided that question and found no South Carolina court decision…
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