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When the 1994 South Dakota Legislature passed SL 1994 ch. 19 directing removal of the Edwin Blashfield mural 'The Spirit of the West' from the Governor's Reception Room, did that statute override the Capitol Complex Restoration Commission's general preservation duties for historic areas, and can the painting be left in place covered by draperies if physical removal would damage it?
SL 1994 ch. 19 controls over the general preservation statutes in SDCL chapter 5-15 because it is both more specific (about this mural) and more recent (1994). The statute requires the painting be…
Could a Laurens County associate probate judge also serve as a city utility commission’s contract attorney?
The 1994 AG said probably yes under the dual-office ban, given the described retainer arrangement: the attorney role appeared to be independent contract work, not a second public office. The letter…
Was the 1994 Charleston County school-district act constitutional despite special-legislation concerns?
The 1994 AG thought the act would probably be upheld and said it carried a strong presumption of constitutionality. He also identified a real possibility that a court could strike it down as…
Can a NC regional transit authority sign a labor-protection agreement with a union as a condition of getting federal transit money?
The AG expressed serious concerns about whether a TTA agreement with the union would be enforceable under G.S. § 95-98; it did not declare the proposed contract void. The opinion identified a…
Could a Washington legislator send a publicly funded reply when a constituent had not explicitly asked for one?
Yes, when the constituent's communication implied a request for a relevant response. The AG also concluded that House or Senate rules could not override the statutory limits on mailings at public expense.
Could a South Carolina school superintendent conduct student discipline hearings for the school board?
The 1994 AG said a board could designate the superintendent for the described disciplinary hearings, with appeal to the board. Because the office had not seen the district's actual policy, it…
Which Kentucky school employees were barred from selling goods or services to their districts in 1994?
The AG said KRS 156.480(2) covered school employees with decision-making authority over district finances, including officials with broad budget control and employees who chose or recommended…
Can a North Carolina state-chartered bank invest in a 'banker's bank', a depository institution chartered to do business with other banks and majority-owned by banks, by treating the banker's bank as a 'central reserve bank' under one of the exceptions to G.S. 53-47's bar on a bank investing in another bank? And does the answer change if the investment is in a holding company that owns the banker's bank?
No to both. The AG concluded a banker's bank is not a 'central reserve bank' under G.S. 53-47, so the exception does not apply and a state-chartered NC bank may not invest in a banker's bank. A…
Who could vote in a Kentucky school council's special minority parent election in 1994?
The AG said the special election for a minority parent member was for minority parents and parents of minority students, not all parents. It also rejected holding the special election immediately…
Can the State Board of Education adopt a rule that lets a local school board reduce the 180-day school term for just one school (when an emergency closes that one school) on different terms than the rule that applies when emergency closures affect a whole school district?
No. G.S. 115C-84(c) sets a single statutory method for reducing the 180-day term: build in make-up days, exhaust them, then petition the State Board for relief. That method governs whether the…
Why did the 1994 South Carolina AG doubt the constitutionality of a bill combining three local subjects?
The AG found the act of doubtful constitutionality: its three unrelated subjects appeared to violate the state single-subject rule, and its county-specific provisions raised local-law concerns. Only…
Can a Texas county auditor also work for a nonprofit that gets county funding?
The Attorney General concluded that when the county-auditor oath of office (Local Government Code section 84.007(b)), which bars a county auditor from having a personal interest in any county…
Could Connecticut’s justices of the peace stay in office and fill vacancies during the 1994 transition?
The AG said a 1994 law validly extended serving justices of the peace until January 1995 despite an earlier federal court deadline. It did not allow vacancies to be filled during the transition,…
When a Washington city annexed most of a fire district, did it take over the district's firefighter pensions?
No, under the partial-annexation situation the AG examined. Although general assets and a proportionate share of ordinary liabilities transferred, the dedicated firefighter pension fund and related…
When South Dakota police take a minor into custody, can they share information about the minor with a Department of Social Services caseworker or with school officials involved with the minor, given that SDCL 26-7A-27 bars disclosure of juvenile law enforcement records to 'the public'?
Yes, with limits. The term 'public' in SDCL 26-7A-27 means the general undifferentiated community, not government agency personnel who have a particularized interest in the child. DSS caseworkers…
Could a Kentucky student living in another county vote by paper absentee ballot in 1994?
The AG concluded that a student living outside the Kentucky county where the student was registered could vote by paper absentee ballot, even if the school was in another Kentucky county. Students…
Could a town use its four-year public investment status to join a Connecticut enterprise corridor?
Yes. The AG said a municipality’s four-year continuation as a public investment community under the grant law counted when deciding whether it qualified to join an enterprise corridor zone.
Did Connecticut have to negotiate treatment-center payment rates after the CACCA ruling?
No. The AG said the CACCA ruling did not require the state to negotiate residential treatment center rates. The agencies calculated a per diem under the single cost accounting system, and payment…
Could Kentucky public schools use metal detectors to search students for weapons?
The AG said schools could use metal detectors to look for weapons if searches were reasonable and followed established district policies. The opinion distinguished general screening from a targeted…
Could South Carolina’s fire marshal temporarily ban fireworks during dangerous conditions in 1994?
The AG said the fire marshal could not impose a temporary fireworks ban by order under the general enforcement provision or his own regulation. He thought a properly issued, geographically and…
When I request a state agency's draft report or its investigation file under the NC Public Records Act, can the agency refuse to give it to me until the document is finished or the investigation is closed?
Probably not on a blanket basis. Under News & Observer v. Poole (1992), even draft reports already in the review pipeline are subject to disclosure. Civil investigative files generally are also…
Can a county board of commissioners take physical possession of the county DSS's child protective services records, putting them in a safety deposit box that the DSS director cannot access?
No. The AG concluded that NC confidentiality laws are violated when CPS files are removed from DSS custody without the DSS director's consent or a court order. G.S. 7A-544 puts the burden on the DSS…
Did appointing a Spartanburg County fire marshal change older fire districts’ powers?
The 1994 AG said appointing a county fire marshal did not change the internal operations or day-to-day work of existing fire special-purpose districts. County council could still have particular…
Did a 1994 Connecticut law make chronic hospital property grants payable for 1993–94?
Yes. After a new law expressly applied the chronic disease hospital grant provision to fiscal 1993–94, the AG said those grants could begin with that year and that his earlier May 24 opinion was…
Could the Texas Legislature legalize slot machines without another constitutional amendment, either privately or through the state lottery?
No. A slot machine whose payout depended entirely on chance was a prohibited lottery under article III, section 47, and the Legislature could not authorize it without a constitutional amendment. The…
How does Minnesota calculate the registration tax on a new car: from the manufacturer's lowest price-list MSRP for a given VIN, or from the actual base price on the window sticker?
From the window sticker. The AG concluded the motor vehicle registration tax base value under Minn. Stat. § 168.013, subd. 1a(b) is the federal-law base price listed on the window sticker (15 U.S.C.…
Could a Kentucky criminal court order restitution directly to a victim's insurer?
The AG said a criminal court could not order restitution or reparation directly to an insurer that had paid the victim. Under the 1994 statutes it analyzed, the insurer was neither the crime victim…
Can the clerk of superior court, or local landowners, dissolve a NC drainage district that has served its purpose, or does dissolution require action by the General Assembly?
Dissolution requires legislative action. The AG concluded that Chapter 156 does not give the clerk or landowners statutory authority to dissolve a drainage district once it has been created. A…
Can a North Carolina state-chartered credit union adopt by-laws that close nominations 45 days before the annual meeting, mail ballots to members, and then conduct the entire director election by absentee ballot, leaving no opportunity for a member to vote in person at the annual meeting?
No. G.S. § 54-109.35(a) plainly says directors are 'elected at the annual members' meeting by and from the members,' and § 54-109.31(b) authorizes by-laws to allow absentee voting but does not…
After 1994 amendments to the insurance code, can North Carolina consumer finance companies (consumer loan licensees) sell single-interest or dual-interest automobile physical damage insurance (VSI) along with their loans, without separately applying to the Commissioner of Banks for 'other business authority' under G.S. 53-172(b)?
Yes. The AG had previously concluded in November 1993 that VSI was not in the consumer-finance authorization list in G.S. § 53-189(a), so licensees needed other-business authority to sell it. SB…
If a sitting South Dakota county commissioner is appointed to a vacant seat in the State Legislature, can the person hold both offices at the same time until the county commissioner term ends?
No. The AG concluded that holding both offices at once creates a conflict of interest because the Legislature has plenary constitutional authority over counties. Allowing commissioners to set their…
Are non-resident military servicemembers stationed in North Carolina exempt from the state's highway use tax when they register a vehicle here?
No. The AG corrected an earlier DMV Bulletin No. 136 that wrongly claimed an exemption. The Soldiers' and Sailors' Civil Relief Act of 1940 exempts only annually recurring property taxes on a…
Did South Carolina property-tax exemptions also exempt a separately listed solid-waste disposal fee?
The 1994 AG said no. The cited exemptions covered taxes based on property value, while the separately imposed waste-disposal fee was not based on the value of the property, even if it appeared on a…
Could Texas exempt privately owned dredge-disposal land from property tax?
The Attorney General concluded that section 11.29 of the Tax Code, which exempted land a person dedicates by donated easement as a disposal site for material dredged from the Gulf Intracoastal…
If a savings bank applies to convert from mutual to stock form and then withdraws the application, is the withdrawn application still a public record the state agency has to show to the public?
Yes, but only as long as the agency keeps it. The AG concluded that the public-information portion of a conversion application becomes a public record the moment the Savings Institutions Division…
Could Connecticut’s judicial selection panel use a judge’s earlier interview statements at a reappointment hearing?
Yes. The AG said the Judicial Selection Commission could introduce relevant statements from a judge’s earlier interview at a reappointment hearing, whether closed or opened at the judge’s request. A…
Could Connecticut’s Historical Commission open gift shops at state historic properties?
The AG said the Historical Commission’s property statute authorized reasonable visitation fees but did not authorize gift shops or other general commercial activity to fund site operations.
Did federal fair-housing law automatically override South Carolina’s group-home siting statute?
The 1994 AG said the federal law did not automatically displace South Carolina’s group-home statute. A court would likely reject a state-law requirement or practice to the extent it conflicted with…
Are vendor payments to providers of medical, psychological, therapeutic, and remedial services for adopted special needs children a form of public assistance, and can the state pay them retroactively?
Yes, vendor payments are a category of adoption assistance and thus a form of public assistance. Whether the payment goes directly to adoptive parents (monthly cash) or to the service provider…
Does a small public construction job in Texas still need a workers' comp coverage certificate?
The Attorney General concluded that Labor Code section 406.096 requires a workers' compensation coverage certificate on every building or construction contract with the state or a political…
Can a 1993 Texas law stop an economic development corporation from paying a debt it took on before the law passed?
The Attorney General concluded that section 4A(q) of article 5190.6, V.T.C.S., added in 1993, bars a type 4A economic development corporation from assuming or paying down a debt that existed before…
Could a Kentucky fiscal court charge cities or arrestees a general county jail booking fee?
The AG said a Kentucky fiscal court could not impose a general administrative booking fee on a municipality or arrestee without statutory authority. It distinguished fees agreed with a city for…
Can a North Carolina bank organized under Chapter 53 own the shares of a nondepository trust company, on the theory that a nondepository trust company is not a 'bank' under G.S. 53-47's prohibition on a bank owning another bank?
No. The AG confirmed a 1992 conclusion that a bank may not own a nondepository trust company. The 1945 General Assembly removed the prior carve-out for nondepository trust companies from the…
Did a Washington school district's retiree health subsidy count toward its current employees' compensation limit?
No. In 1994, the AG concluded that the retiree subsidy did not count as current-employee compensation for the statutory limit. Districts had discretion over its funding source, making that choice a…
What did Kentucky's AG say about prayer at public school graduation in 1994?
The AG said school administrators could not arrange clergy-led prayer at public school graduation. It could not clearly say student-directed prayer was constitutional, but discussed conditions under…
Could Lexington require a voter referendum before raising its occupational tax above 2%?
The AG said Lexington-Fayette Urban County Government could not amend its charter to require voter approval before an occupational license tax exceeded 2%. It found no constitutional or statutory…
Could Louisville professional service contracts be voided for missing no-bid findings?
Based on the ordinance excerpts provided, the AG said Louisville did not require its finance director to make a detailed written finding that bidding was infeasible. It also found no requirement…
How much can a Texas court charge to file a protective order?
The Attorney General concluded that section 71.04(e) of the Family Code caps the total a court clerk may charge a family-violence protective order applicant at $36, covering both the $16 filing fee…
Does Minnesota's 1993 campaign finance law (§ 211A.13) ban a candidate for local office from transferring money to or from any other local candidate's campaign committee, or only to campaigns of state and judicial candidates?
Only state and judicial. The AG concluded that § 211A.13's ban on transfers to and from a 'principal campaign committee' is limited to the principal campaign committees of chapter 10A candidates…
When the SD Legislature created the Office of Administrative Hearings under SDCL chapter 1-26C in 1994, did that new chapter override or abrogate the existing hearing procedures the Division of Insurance had been following under SDCL title 58 and chapter 1-26?
Chapter 1-26C created the Office of Administrative Hearings and assigned hearings to administrative law judges without generally replacing existing procedures. Its newer provisions prevail where…
Can the NC State Treasurer (who is by statute ex officio chairman of the State Banking Commission) authorize the Assistant State Treasurer to preside over Banking Commission meetings when the Treasurer is absent?
Yes. Under G.S. 147-75 the Treasurer may authorize a deputy to perform any duties of the Treasurer's office, and the AG's 1986 formal opinion held that Council of State members may delegate their ex…
Does NC's Soil Conservation Districts Law require that appointed members of a Soil and Water Conservation District Board of Supervisors live within the district they are appointed to represent?
Yes. The AG concluded that the 1979 statutory phrase 'from the district' in G.S. § 139-7 means appointed supervisors must be residents of the district. Read together with NC constitutional…
Could a full-time South Carolina state employee collect a daily parole-board hearing fee in 1994?
The 1994 AG said a full-time state employee most probably could not receive the board’s $300 daily hearing fee. He viewed the fee as per diem, which the then-current appropriations proviso barred…
Did Kentucky schools have to provide indoor smoking rooms under the 1994 government workplace law?
The AG said KRS 61.165's indoor smoking area requirement for certain governmental workplaces did not apply to school districts. It treated the then-existing school premises rule in KRS 438.050 as…
Could Kentucky teachers vote to repeal school-based decision making after adopting it?
The AG said a school board could not let a faculty majority repeal school-based decision making through a local policy. Once a school adopted the system, it could opt out only through the KRS…
Could Connecticut’s tax review committee waive a penalty the tax commissioner refused to waive?
No. The AG said the tax review committee could approve or ratify a penalty waiver the revenue commissioner chose to grant, but had no power to waive a penalty itself after the commissioner declined.
Was a telephone contractor liable when state-owned equipment was stolen from its locked truck?
The AG said the contractor holding UConn’s equipment owed reasonable care as a bailee. On the stated facts, a locked truck was stolen while parked on university property, and he found no evidence…
Could a Washington county force federal or state agencies to follow county procedures for land use and environmental decisions?
The Attorney General concluded in 1994 that a county generally could not impose its own land-use or environmental procedures on federal or state agencies. Federal law or state law could expressly or…
Did a South Carolina disabled-veteran license plate carry the same parking privileges as a disability plate?
The 1994 AG said a vehicle bearing a disabled-veteran plate had the same parking privileges as one bearing a disability plate. The opinion included designated accessible spaces and the then-existing…
Did renting a South Carolina hotel room by the month put the guest under landlord-tenant law in 1994?
The 1994 AG said monthly rent alone did not settle it. A 90-consecutive-day rental arrangement could make the occupant nontransient, potentially bringing residential landlord-tenant law into play…
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