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Could a Kentucky solid waste district require every household and business to participate?
The AG said a properly constituted Kentucky solid waste management district could require all waste-producing households and businesses to participate without additional fiscal court action, if the…
Could a Kentucky court consider a family's religious beliefs before ordering medical treatment for a child?
The AG said KRS 610.310(2) let a court consider, or decline to consider, a child and family's religious beliefs when ordering medical treatment. It concluded that this discretion did not create a…
Could a Kentucky county police officer join a campaign, manage it, or run for office?
The AG said a candidate's campaign counted as a political group that an off-duty, out-of-uniform officer could join. It also said a covered officer could not serve as a campaign manager, secretary,…
Did a Kentucky county clerk have to allow a mortgage extension note in the record's margin?
The AG said a Kentucky county clerk was not required to allow a lender and borrower to write a mortgage extension memorandum in the margin of the original mortgage record. It concluded that…
Can an agent for an out-of-state bail bondsman walk into a South Dakota county jail, demand custody of an inmate (held on a local DWI warrant) who jumped bond in the other state, and take that inmate back across state lines without ever going through a SD judge?
No. SD has priority of jurisdiction while the inmate faces local SD charges, so the bondsman cannot demand release. Even after SD releases the inmate, SDCL 23A-43-29 requires the bondsman to deliver…
Could a Maryland resident get a driver's license without a photograph in the 1990s if being photographed violated their religious beliefs?
At the time, no. The opinion concluded Maryland could lawfully deny a driver's license to a person who objected on religious grounds to being photographed, because the state's compelling interest in…
After a federal court called part of a 1991 NC AG opinion 'incomprehensible' and let consumer finance licensees collect insurance commissions on loan-related sales, do consumer finance companies still have to apply for 'other business' authority from the Commissioner of Banks before selling unrelated products on the same premises?
Yes. The AG concluded the federal decision in Herndon v. ITT Consumer Financial Corp. did not change the case-by-case 'other business' authorization requirement under G.S. 53-172. The federal…
Within the NC Department of Commerce, which Type II agencies have hire-and-fire authority over their own staff under their own organic statutes, rather than answering to the Secretary of Commerce?
The AG identified fourteen Type II commissions, divisions, and agencies inside the Department of Commerce whose own statutes specifically vest hire-and-fire authority over staff in the agency rather…
Could someone who bought and stored grain claim payment from Kentucky's grain insurance fund?
The AG said people who merely bought grain from a facility and stored it there were not 'producers' under the Kentucky Grain Insurance Fund statute if they did not own, rent, or operate land in…
Can the Texas Board of Health require radiologic technologists to get specialty certificates?
The Attorney General concluded that the Texas Board of Health was authorized, though not required, to adopt rules creating a specialty certification system for medical radiologic technologists…
Can a grand jury indict someone for a crime committed in a different county?
The Attorney General concluded that a Kleberg County grand jury could return an indictment for an offense committed in neighboring Kenedy County, as long as venue for that offense was proper in…
Does the Texas educator code of ethics survive if the commission that wrote it is abolished?
The Attorney General concluded that the Code of Ethics and Standard Practices for Texas Educators survived the 1993 abolition of the Teachers' Professional Practices Commission, because the…
Could Washington’s elected-official salary commission cut an official’s pay during the current term?
The Attorney General concluded in 1994 that the commission could not reduce an elected official’s salary during that official’s current term. If it missed a deadline for a new schedule, the last…
Can a Minnesota county pay its commissioners a 'per meeting' fee in addition to salary, and can a commissioner collect multiple per diem payments for attending several meetings on the same day?
No on both. The AG concluded that 'per diem' under Minn. Stat. § 375.055 means by-the-day, not per-meeting. A commissioner gets one per diem for each day spent on county duties, regardless of how…
When did ordinary laws from Kentucky's 1994 legislative session take effect?
The Attorney General concluded that ordinary laws passed in Kentucky's 1994 Regular Session took effect Friday, July 15, 1994. The opinion excluded general appropriation measures and acts with…
Does someone who has a federal firearms dealer's license automatically owe the NC state firearms dealer's license tax?
No. Federal firearms licensure alone did not make a person liable for North Carolina's G.S. § 105-80 dealer tax; Revenue had to make a separate State-law inquiry. The AG said Revenue could routinely…
Could Washington’s budget office set travel reimbursement rules for state judges, and could those rules differ from other agencies’ rules?
The Attorney General concluded in 1994 that the Office of Financial Management could set travel rules for the state judicial branch and could vary expense allowances when justified. The mileage rate…
Could a Kentucky school board review school council policies before they took effect?
The AG said a school board could require proposed school council policies to be reviewed promptly by counsel and a central office administrator for legal, safety, liability, financial, and contract…
After a Minnesota county's voters rejected the State Building Code in a referendum, can the county board later adopt the code by ordinance without going back to the voters?
No to the first question, yes to the second. The AG concluded the county could not bypass the failed referendum result with an ordinance, but the matter of code application could be resubmitted to…
Could a Washington school district issue bonds without a voter vote to buy or replace school buses?
The Attorney General concluded in 1994 that bonds issued under RCW 28A.530.080 without a vote could pay for new or replacement buses when the proceeds went to the transportation vehicle fund. Bonds…
What kinds of long-term commercial leases can the South Dakota Commissioner of School and Public Lands enter into for the Human Services Center campus at Yankton, including leases to governments, nonprofits, and private developers, and how long can the leases run?
Under SDCL 5-1-7.2, the Commissioner may grant 'subsidiary' commercial or forestry leases on school and public lands beyond traditional agricultural, grazing, and mineral leases, but only after…
Can a Texas city use zoning to control where liquor and package stores open?
The Attorney General concluded that the phrase "on-premise sale" in the Alcoholic Beverage Code's preemption exception (section 109.57(d)(2)) means the sale of alcohol for consumption on the…
During North Carolina's emergency prison-cap releases, which inmates can the Parole Commission grant parole to under the 1994 amendments to G.S. 148-4.1?
The AG concluded the Parole Commission could parole all nonviolent inmates not sentenced under Structured Sentencing (Article 81B of Chapter 15A) during emergency release periods. The…
Can the Texas Public Utility Commission apply for and spend federal grant money?
The Attorney General concluded that the Public Utility Commission had authority under the Public Utility Regulatory Act (article 1446c, V.T.C.S.) to apply for federal grants that were necessary and…
Can a North Carolina city prohibit consumption of malt beverages and unfortified wine on state highways that pass through its corporate limits?
No. The AG concluded N.C.G.S. § 18B-300(a) permits adults 21 and older to consume malt beverages and unfortified wine without restriction. A city may regulate consumption only on property 'owned or…
Were Kentucky university senate and faculty meetings open to the public?
The AG advised that the University of Kentucky Senate and its college and department faculties were public agencies under the 1994 open meetings law because each had delegated responsibility for…
May a Crooks city alderman simultaneously serve on the city common council and on the municipal planning and zoning commission? The common council hears appeals from planning and zoning decisions, so the alderman would in effect be voting on appeals from his own commission decisions.
No. SDCL 9-14-16 prohibits an alderman from holding another office under the municipality. AG Barnett concluded that planning and zoning commission membership is such an office under the Griggs v.…
Could a Kentucky landowner record a subdivision plat they prepared without a licensed surveyor?
The AG said a landowner's exemption from surveyor-registration rules did not exempt an owner-prepared subdivision plat from the separate filing rule requiring a registered surveyor's seal and…
Was a Kentucky deed into a revocable family trust exempt from real estate transfer tax?
The AG said the described deed to a revocable living trust was subject to Kentucky real estate transfer tax because the grantor kept a life interest while transferring the property to himself as…
Did a Kentucky local government have to secure uncleared deposits with collateral?
The AG said the 1994 collateral requirement covered the full amount of a local government's bank deposits above federal insurance, including deposited items the bank had not yet collected. The…
Can a North Carolina county use eminent domain to take land that it plans to donate to the state for a prison site?
No. The AG concluded that a county has no power of eminent domain to acquire land it intends to convey to the state. Counties only get the condemnation powers that the legislature has expressly…
Could the Washington State Auditor require legislators to keep complete telephone records for an audit, and could the public see them?
The Attorney General concluded in 1994 that the Auditor could require complete legislative telephone records for an audit. Records held by the Auditor were protected during the audit but generally…
Could a Kentucky county buy road asphalt under a bid that named no quantity or project?
The AG said Marion County's open-ended asphalt bid failed Kentucky's competitive-bidding requirement because it identified no quantities, projects, or supply period. It concluded the resulting…
Does an off-duty Texas police officer need a private security license to work as a guard?
The Attorney General concluded that the peace-officer exemption in section 3(a)(3) of the Private Investigators and Private Security Agencies Act applied only when the off-duty officer was hired…
Can Maine's Governor nominate and have the Senate confirm a successor to a state office before the prior officeholder's resignation takes effect, then delay commissioning until the vacancy occurs?
Yes. The AG concluded that Governor McKernan could nominate David Lakari to succeed outgoing MSHA Director Dwight Sewall, have the Joint Standing Committee on Housing and Economic Development and…
If a North Carolina county cuts its mental health funding contribution, does it still get full state expansion funds, and what does the rule against using fee income to replace local tax revenue actually mean?
A county may reduce its budgeted contribution to an area authority, including by a lawful budget amendment, while the Secretary may consider the reduction when allocating State expansion funds. The…
Would Connecticut’s proposed hospital tax and revenue cap have been preempted by ERISA?
The AG thought a proposed Connecticut hospital gross earnings tax and aggregate net revenue cap should withstand an ERISA preemption challenge. He stressed that the law was unsettled and litigation…
Could a Washington district court bring in a temporary judge just to handle an overloaded docket?
The Attorney General concluded in 1994 that excess workload alone did not authorize a district judge pro tempore while the regular judge remained available. The opinion also distinguished the…
Does Maine's Article IX, Section 21 require 90% state funding or a 2/3 vote before the Legislature can reduce the State's subsidy for required municipal landfill remediation and closure?
No. The AG concluded that reducing State subsidies for municipal solid waste landfill remediation and closure (currently set at 75% of closure cost and 90% of remediation cost under 38 M.R.S.A. §…
Could one Connecticut hospital get a second chronic disease license for its rehab unit?
No. The AG said a single Connecticut institution could not receive two chronic disease hospital licenses for different portions of the same facility. Its existing license already covered…
Did a 0.151 percent alcohol test require a four-hour DUI hold in Kentucky in 1994?
Yes. In 1994, the AG read the statute's phrase 'above .15 percent' literally, so a .151 percent test result was above the line and triggered at least four hours in custody after a DUI arrest. The…
Could Kentucky's legislature create a health-care oversight office under the LRC?
The AG concluded that the proposed House Bill 102 could place a health-care accountability office under the Legislative Research Commission to investigate publicly funded programs and report…
Can a North Carolina town amend its charter by ordinance to limit when the mayor can vote, even if the original charter was created by the now-abolished Municipal Board of Control?
The AG concluded yes. Part 4 of Article 5 of Chapter 160A (sections 160A-101 to 160A-111) gives any city the power to modify charter provisions by ordinance to fit the options listed in § 160A-101.…
Can the state designate an entire historic house that doubles as office space as a nonsmoking area if part of it functions as a museum and library?
Yes. The AG concluded that because the entire Humber House was used to exhibit artifacts and to house a library open to the public, the whole building qualified as both a 'museum' and a 'library'…
Can a private publisher claim copyright on NC's General Statutes text, and can the state limit who gets a copy of the digital statutes database?
No to both. The Michie Company cannot have a state-enforceable copyright on the text of the NC General Statutes, the section numbering and chapter/article titles, or the history notes (prepared by…
When a South Dakota school district reorganizes and some of its property moves to a new district, does that property still owe its share of capital outlay certificates the old district issued before the reorganization?
Yes. Capital outlay certificates issued under SDCL 13-16-6.2 are 'bonded indebtedness' for purposes of SDCL 13-6-82, so the lands originally taxed for them stay liable after reorganization. The…
Could Connecticut off-track betting outlets take wagers on jai alai matches?
No. The AG said the off-track betting statute then authorized wagers on races, while Connecticut law treated jai alai as a separate game. Adding jai alai to off-track betting required legislative action.
Could a Washington public port district provide marine pilotage service to vessels arriving at its port?
The Attorney General concluded in 1994 that a port district lacked authority to provide pilotage service. Its statutory powers covered port facilities and related handling services, but did not…
Can a Minnesota charter school join a joint powers entity like MSDLAF+ to pool investments with public school districts?
No. The AG concluded that charter schools formed under Minn. Stat. § 120.064 as nonprofit corporations or cooperatives were not 'governmental units' under the Joint Powers Act (Minn. Stat. § 471.59,…
If a Maryland home seller gives the buyer a property disclaimer statement late, after the contract is already signed, can the buyer back out?
Yes, according to the opinion. Even though the statute's text only explicitly addressed late disclosure statements, the opinion concluded the legislature meant to treat late disclaimer statements…
In a joint school and city election in South Dakota, can a school board candidate withdraw from the ballot after the filing deadline has passed?
Generally no, with one narrow exception. When the school district and the municipality jointly hold an election under SDCL 13-7-10.1, the municipal election rules in SDCL Chapter 9-13 control, not…
Did a Hutterian community’s assets or medical support obligations affect members’ Medicaid benefits?
The AG did not decide whether Hutterian Brethren members qualified for Medicaid or whether the corporation owed their medical expenses. He said more facts were needed on income allocation, asset…
Does the Minnesota Governor have the power to sign or veto a proposed constitutional amendment that the legislature has passed and wants to send to the voters?
No. The AG concluded that proposed amendments to the Minnesota Constitution under Art. IX, § 1 are not 'bills' subject to gubernatorial approval or veto. The governor may still veto ordinary…
When would ordinary Kentucky laws from the 1994 session take effect after adjournment?
For ordinary 1994 session laws without an emergency or delayed effective date, the AG gave two conditional answers: July 12, 1994 if final adjournment was April 12, and July 13, 1994 if it was April…
Once the General Assembly fixed the Carteret-Craven county boundary in a statute, can the NC Geodetic Survey Section adjust the line on the ground to accommodate landowners whose property would otherwise be split between counties?
No. Article VII, Section 1 of the NC Constitution gives the General Assembly the power to fix county boundaries, and the 1993 statute used coordinates with a defined plus-or-minus tolerance. The…
Is it constitutional for the Passamaquoddy Water District's charter to make its property taxable by municipalities when other Maine water districts are exempt, and would repealing that taxability trigger Maine's state-mandate or municipal-reimbursement clauses?
Constitutional, but with limits. The AG concluded that municipalities served by the Passamaquoddy Water District may legally tax the district's property under its existing charter (the cost passes…
When the Maine Bureau of Accounts and Control reduced a July 1993 payment to the Maine State Retirement System by $4 million to capture a health insurance fund surplus, did that violate the constitutional ban on diverting retirement appropriations?
Yes. The opinion concluded that the Controller's July 1993 reduction of a $4 million payment to the Maine State Retirement System violated Me. Const. art. IX, § 18. The 116th Legislature had made an…
Did Kentucky's 1994 proposed handgun ban for minors violate constitutional arms rights?
The AG concluded in 1994 that proposed House Bill 359, which restricted minors' possession of handguns and provision of handguns to minors, did not violate the federal or Kentucky constitutional…
Can the personal representative of a North Carolina decedent's estate apply for state Commercial Leaking Underground Storage Tank Fund reimbursement for cleanup of contamination from tanks the decedent removed before death?
Yes, but the estate inherits both the rights and the limitations the decedent had. The AG concluded a personal representative steps into the decedent's shoes under G.S. 28A-18-1(a), so the estate's…
Can the NC Air Cargo Airport Authority make grants to the Global TransPark Development Commission, or does it have to use a different legal mechanism to send money over?
Not grants, but yes, payments under a contract. The Authority has no explicit grant-making power. It does have express statutory authority to contract with state and local governments and other…
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