State AG Opinions
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Who kept Washington superior-court transcript fees: the reporter, clerk, or county?
The 1994 AG opinion said official reporters could keep transcription fees in addition to salary, while clerks had to deposit their fees in the county treasury. Terms for electronic recorders were…
Did a Washington gun-store employee need a dealer license and a background check to sell firearms?
Under the 1994 law, the AG said the employee needed fingerprinting and a background check but generally did not need a separate dealer license when selling for a licensed dealer. A business selling…
Can Texas voters petition for an election to adopt a local homestead property tax exemption?
The Attorney General concluded that no, the optional homestead exemption under section 11.13(n) of the Tax Code could not be adopted by public election, whether triggered by a voter petition or…
Can the same person serve as a county commissioner and a school board trustee in Texas?
The Attorney General concluded that one person could not hold both offices at the same time: county commissioner and public school district trustee were legally incompatible. Under the common-law…
Can a Texas alcohol commissioner own a managed investment fund that might hold alcohol-company stock?
The Attorney General concluded that section 5.05(a) of the Texas Alcoholic Beverage Code bars a member of the Texas Alcoholic Beverage Commission from holding stock or any pecuniary interest in a…
Did Kentucky's 1994 city and county ethics-code law cover special districts?
No. The AG said KRS 65.003 applied to city and county officials and employees, not special districts or their staff. A special district could adopt its own ethics code.
Can North Carolina tax income that visiting professional athletes earn for games or events in the state, and may its Department of Revenue arrange for a private company to file composite tax reports without legislative approval?
Yes, existing law reached North Carolina income earned by nonresident team and individual athletes, and visiting teams had withholding duties for employee wages. The AG said the Secretary could…
When a person who put up bail for a traffic ticket fails to appear and the court orders the bail forfeited, does the clerk of court have to report the forfeiture to DMV as a conviction, and does the answer depend on what kind of bond was posted?
Only an unvacated forfeiture of cash deposited with the court in the full bond amount, by the defendant or someone on the defendant’s behalf, counts as a conviction for DMV reporting under the…
Do Dallas planning and zoning commissioners have to follow conflict-of-interest rules?
The Attorney General concluded that members of the City of Dallas Planning and Zoning Commission are 'local public officials' under chapter 171 of the Local Government Code, because they exercise…
Can parties in a Texas case agree to have someone other than a certified court reporter take a deposition?
The Attorney General concluded that where Texas Rule of Civil Procedure 166c lets the parties agree to take an oral deposition before 'any person,' it conflicts with Government Code section…
Does a small Texas water district have to keep customers' addresses and phone numbers private?
The Attorney General concluded that the Franklin County Water District is a 'government-operated utility' under House Bill 859 (codified at V.T.C.S. article 1446h), so it must keep a customer's…
Is there an annual gallon limit on a Texas winery's direct sales under section 16.01(d)?
The Attorney General concluded that a winery permit holder selling wine to consumers under subsection (d) of section 16.01 of the Alcoholic Beverage Code (a 1993 provision available to a winery in a…
What did Kentucky's Department of Local Government have to check in city and county ethics codes?
The AG said the department had to receive and keep local ethics ordinances, track which governments adopted them, and notify state agencies of noncompliance. Its review concerned the basic elements…
Can a NC county board of commissioners undo a school district merger plan after it has been approved by the State Board of Education?
No. The AG said neither the Alamance County Board of Commissioners nor the State Board of Education could rescind the merger plan after State Board approval. G.S. 115C-67 made the approved plan…
Could good-time credits shorten supervision for Connecticut crimes committed after October 1994?
The AG said a 1993 act required people convicted of crimes committed on or after October 1, 1994 to remain under correctional or parole supervision until their full maximum sentence expired. Pre-…
Does the ADA override Texas's ban on electronic bingo devices for disabled players?
The Attorney General concluded that a keypad device with electronic memory that helps a player track bingo cards (the PowerBingo System) is a 'computerized or electronic device' barred by section…
Could a crab fisher qualify for Washington's 1995 coastal license after replacing a historically eligible vessel?
The AG's preferred reading was no. The vessel meeting the historic participation test had to remain designated on the qualifying 1994 license when the fisher sought the 1995 limited-entry license; a…
Is the State Superintendent of Public Instruction required to comply with the NC Environmental Policy Act (NCEPA) when issuing certificates of approval for new school construction plans under N.C.G.S. § 115C-521, given that local school boards may not invest in any new building without a Superintendent-issued plan approval covering structural and functional soundness, safety, and sanitation?
Yes. The Superintendent's plan-approval certificate is a state 'action' under NCEPA implementing rules (T1 NCAC 25.0108(b)) because, without it, local school boards cannot invest in the new…
Would Connecticut’s proposed workplace safety committees violate federal labor law?
The AG concluded that Connecticut’s proposed safety committee regulations did not violate the National Labor Relations Act as structured to avoid employee representation. He said parts of the draft…
What could Washington freeholders put in a city-county charter, and could they campaign for it with public resources?
The AG said elected city-county freeholders could not switch to a county-only charter. A city-county charter could define retained cities' powers, all county voters could vote on it, and public…
Could Kentucky's engineering licensing board use a hearing officer for disciplinary hearings?
The AG said the board could not delegate disciplinary hearings to a hearing officer under KRS 322.200(1) as it stood in 1994. He said a new administrative procedures law would permit that delegation…
Could a Kentucky county judge redirect the road-program expense allowance to the county treasury?
No. The AG said the Kentucky Transportation Cabinet could not pay the county judge's statutory road-program expense allowance to the county treasury at the judge's request.
How did Kentucky's 1994 Senate Bill 80 affect disability retirement reductions?
The AG read Senate Bill 80 as temporarily suspending the reduction in KRS 61.615 paragraph 4(d), with past reductions during the specified period to be repaid. He found the bill's attempted…
Can an Idaho city or county hand out a cable TV franchise, regulate the rates the cable company charges, and collect a franchise fee, without waiting for the legislature to pass a special cable statute?
Yes for cities, almost certainly. Probably yes for counties too. Idaho's general municipal-franchising and home-rule statutes already cover cable TV alongside taxis, buses, and garbage hauling.…
Could a Washington deer or elk damage claim exceed the cap by going to the Legislature?
The AG concluded that it could not under the 1994 statutes. The $2,000 per-claim cap applied both to Fish and Wildlife settlements and to claims later sent through the Risk Management Office for…
When North Carolina registers an out-of-state child support order, the statute says the clerk must send the obligor notice by certified or registered mail. If the clerk instead has the sheriff personally serve the obligor, is the registration still valid, and can the court enter an order confirming the registration even when there is no proof the obligor received the mailed notice?
Yes on both. Personal service by the sheriff satisfies the notice purpose of § 52A-29 even though the statute says the clerk should send by certified or registered mail (Silvering v. Vito). For…
If a state employee is hurt on the job and wants to see a chiropractor, but the state agency's approved-provider list does not include chiropractors, does the general chiropractic free-choice statute (§ 90-157.1) let the employee go to a chiropractor anyway, or does the Workers' Compensation Act's provider rules (§ 97-25) require Industrial Commission approval?
The Workers' Compensation Act controls. Under § 97-25, the employer (or its insurer) provides medical compensation and the Industrial Commission has exclusive jurisdiction over treatment disputes.…
Was physician ownership of a pharmacy fee-splitting when no dividends were paid?
The AG said a pre-July 1993 pharmacy stock interest could violate the fee-splitting ban without dividends if patient use increased the physician’s stock value or reduced losses. A separate 1993 law…
Can a Minnesota sheriff get paid extra by cities or private businesses for off-duty policing, and can the sheriff's family run a civil process serving business inside or outside the county?
No on personal compensation. The AG concluded the sheriff's salary covers all law enforcement duties, so an elected sheriff cannot keep money paid by cities or private parties for off-duty policing.…
Can a NC public body go into closed session with its lawyer to discuss a contract negotiation, not just litigation?
Yes. The 1994 rewrite of N.C.G.S. § 143-318.11(a)(3) expressly authorizes a public body to consult with its attorney in closed session to preserve the attorney-client privilege, and this authority…
Could the District use the Convention Center Fund, the Starplex Fund, or the Rainy Day Fund in 1995 to pay for studies of a new convention center and sports arena?
Yes, under the 1994 opinion. Convention Center and Starplex appropriations could cover the studies, and the Rainy Day Fund could be allocated if the Mayor and Council found the costs mandatory and…
Did private financing of the University of Kentucky library trigger state capital construction rules?
The AG said the University of Kentucky library project was outside KRS 45.750-.800 because the private Alumni Association would obtain and spend the bond proceeds, build the library, and transfer it…
Could Washington Labor and Industries forbid recording a workers' compensation medical exam?
Yes. The AG concluded that the department's authority over claim examinations covered a handbook instruction barring recording by workers or accompanying people, and that the instruction did not…
Could a South Carolina magistrate hear a juvenile's beer-possession or open-container charge?
The 1994 AG concluded that only family court had jurisdiction over those charges against a child under 17. The limited magistrate and municipal court exceptions for juvenile traffic and wildlife…
Does the NC Department of Correction have to pay the Utilities Commission's quarterly regulatory fee for its inmate pay-phone system?
No. The Department of Correction, as a State agency, is not a 'public utility' under N.C.G.S. § 62-3(23) because the statute's 'person' definition (§ 62-3(21)) does not expressly include the State…
Can a NC public body keep the location and seller secret in closed session when discussing buying real estate?
Usually no. After the 1994 Open Meetings Law amendments, a public body may close a session to discuss real property only to instruct staff or negotiators about price and other material terms it…
If a SD landowner did not return a county classification questionnaire in 1992, had his land reclassified from agricultural to non-agricultural for the 1993 tax year, paid the higher 1993 taxes in 1994 without protest, and later asks for an abatement and refund under SDCL chapter 10-18, can he get it?
No. The SDCL chapter 10-18 abatement procedure is available only for the six narrow categories listed in SDCL 10-18-1 (entry error, valuation-included improvements that did not exist, exempt status,…
When the NC Environmental Management Commission submits a fiscal note for a proposed rule, can the Director of the Budget refuse to certify it just because another affected agency (such as DOT) objects to the cost numbers or to spending funds available in that agency's budget?
No. The AG concluded that G.S. 150B-21.4 puts the certification decision in the Director of the Budget's own hands. The Director may seek input from any source, including the potentially affected…
When the Commercial Fishing License Moratorium Appeals Panel reviews tax forms submitted by license applicants, must the Panel keep the meeting open or can it (or must it) go into closed session to discuss state tax information?
The Panel must go into closed session to discuss anything found only on the state tax form. NC state tax information stays confidential and disclosing it is a crime under G.S. 105-259. Federal tax…
Could Connecticut release state employees’ home addresses from a payroll file under FOI?
The AG did not decide an actual records request. He said a broad request for all state employee home addresses could justify notice to affected employees before release, and any privacy exemption…
Could a South Carolina locality vote on Sunday beer and wine sales at the same election as a mini-bottle referendum?
The 1994 AG said no for localities without prior mini-bottle approval: they first needed a favorable mini-bottle referendum, then a separate beer-and-wine vote. Localities that already had approval…
Could a South Carolina locality vote on Sunday beer and wine sales at the same election as a mini-bottle referendum?
The 1994 AG said no for localities without prior mini-bottle approval: they first needed a favorable mini-bottle referendum, then a separate beer-and-wine vote. Localities that already had approval…
Could a Kentucky jailer refuse a prisoner if the criminal charge was a pretext for mental health detention?
The AG said a jailer could not refuse a lawfully committed person charged with a crime merely because the charge appeared to be a ruse to hold the person pending a mental health petition. The…
Is a private nonprofit arts council that takes some state grant money required to hold its board meetings open to the public under North Carolina's Open Meetings Law?
No, in this case. The AG concluded the Franklin County Arts Council, Inc., a private 501(c)(3) nonprofit that was not created by statute or local government and was not subject to government…
Was South Carolina’s five-percent rental-car surcharge a tax or a regulatory fee?
The 1994 AG classified the required five-percent rental-car surcharge as a tax. He found it mandatory, enacted to raise revenue, and directed to public purposes through vehicle property-tax…
Did a divorce-decree modification filed in another Washington county carry a new-case filing fee?
No. Under the 1994 statutes, the specific modification fee applied in either county and was shared with the state. A separately enacted fee for extending a judgment was not subject to that…
How did South Carolina’s 1994 video-gambling law limit cash payouts for free-game credits?
The 1994 AG read the provision as capping cash redemption at 2,500 free-game credits per player per location per 24 hours, with each redeemed credit worth no more than five cents. It did not set the…
Can the Shannon County Board of Commissioners conduct business if fewer than three of its five members attend a meeting, given the long travel distances to meetings in Hot Springs, and what options exist when assembling a quorum is impractical?
No business can be conducted without a quorum. A three-member quorum is required for the five-member board, and three affirmative votes are needed to take any official action. The board's option for…
After the 1994 Legislature passed HB 1255 pushing back the deadline for the Secretary of Revenue to withhold personal property tax replacement funds for nonagricultural assessment violations, can a South Dakota county commission pass a resolution rolling back agricultural land assessments to 1993 levels?
No. HB 1255 only delayed the withholding start date for nonagricultural property to 1995. It did not change the agricultural date, did not authorize any rollback, and did not modify the…
Could South Carolina’s lieutenant governor suspend a senator for an earlier misdemeanor indictment?
The 1994 AG said the lieutenant governor lacked authority to suspend the senator described. The cited statute applied only to transactions after 1991; the Senate rule addressed felonies or…
When several 1993 Texas bills changed the same truancy-fine law, which fines applied?
The Attorney General concluded that three bills from the 1993 legislative session (House Bill 681, House Bill 1372, and Senate Bill 7) all amended Education Code section 4.25, the…
Did Washington public university faculty have a legal right to collective bargaining in 1994?
No. The AG found no legal right to require bargaining. A four-year university board could voluntarily negotiate with representatives of faculty who chose them, but could not impose those terms on…
Is an NC state employee using a privately owned vehicle on official state business entitled to mileage reimbursement at the statutory IRS-business-standard rate (29 cents per mile in 1994) for every mile traveled regardless of distance, as the 1975 AG opinion concluded? Or does the Department of Administration have authority to cap that statutory rate for longer trips by requiring use of a state vehicle?
The 1975 'reimburse at the statutory rate regardless of distance' opinion has been superseded by Department of Administration rules. Under those rules in 1 NCAC 38 .0500 et seq., statutory IRS-based…
Did the NC Environmental Management Commission have legal authority to use funds from the High Unit Cost Wastewater Account to address failures of low-pressure pipe (LPP) sewer systems, given the 1994 budget bill's 'low wealth areas' language?
Yes. The AG concluded that the 1994 budget bill's 'low wealth areas' phrase did not exclude grants based on county wealth criteria. The phrase simply re-affirmed the existing sliding-scale…
Who received confiscated pistols from weapon-law violations outside Horry County’s towns in 1994?
The 1994 AG concluded that pistols confiscated outside Horry County’s municipalities under the specified weapon laws should go to the county police chief. A local act had placed the relevant…
How did Washington counties divide superior court filing fees between the state and law libraries?
Under the 1994 statutes, counties first sent 46% of specified filing-fee receipts to the state. From the remaining county share, they calculated a $12 law-library contribution for each new civil or…
Could a South Carolina school district use food-service revenue to replace the state share of employee fringe benefits?
The 1994 AG found the education department’s narrower reading reasonable: after state funds ran out, food-service revenue could cover only the proportionate shortfall for food-service employees. It…
Was Mobil a third party or responsible operator for cleanup of leaking state-owned fuel tanks?
The AG said Mobil operated the underground tanks at its franchised state-leased stations despite not owning them. For the leak costs described, it was a responsible party rather than a third-party…
Did a Connecticut rental car agency need a gasoline seller license for refueling customers’ cars?
Yes. The AG said a Connecticut car rental agency selling or offering gasoline to customers had to obtain a gasoline seller license, including when it refueled a car returned below the required fuel…
Did a Washington public-works bidder have to use the subcontractors named in its bid?
Generally yes. The AG read the listing law to require the major subcontractors the bidder actually intended to use. After award, the contract controlled substitutions; the statute itself supplied no…
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