State AG Opinions
Free state attorney general opinions with plain-English summaries, full citations, and the original source on every page.
No opinions match these filters
Try fewer or different words, check the spelling, or clear the filters to browse everything.
Who transported prisoners from a Kentucky holdover jail when the county had no transport plan?
The AG said a county operating a holdover jail could adopt a transport plan assigning prisoner trips to the jailer, sheriff, or another specified party. Because Anderson County had adopted no plan,…
Which newspaper had to carry notices of Kentucky master commissioner's sales?
The AG said Campbell Circuit Court master commissioner sales generally had to be advertised in the Campbell County Recorder, which it understood was the county's only qualified newspaper. It…
When a corporation buys equity in a qualified North Carolina small business and takes the 25% qualified business investments tax credit, why does the state make the corporation reduce its tax basis AND add the credit back into taxable income, partially canceling the benefit?
Both adjustments come from explicit statutes, not administrative discretion. N.C.G.S. § 105-163.012(d) requires reducing basis in the equity for the credit (which delays the tax benefit until sale).…
Could Connecticut DOT hire consultants on call without violating its selection law?
Yes. The AG said Connecticut’s consultant selection statutes governed how DOT chose consultants, but did not bar contracts for services needed on call. He treated a “project” as a particular work…
Does the Idaho Department of Health and Welfare have to use formal rulemaking when it adopts a state nutrient management plan, and does the legislature and the Board of Health and Welfare get a chance to review the plan before it takes effect?
Yes. Even though Idaho Code § 39-105(3)(o) is ambiguous, the rules of statutory construction point to formal APA rulemaking, which means notice-and-comment, board approval, and legislative review…
Could a Connecticut advanced practice nurse prescribe medication in private practice in 1994?
The AG said advanced practice registered nurses could prescribe only in the four settings listed in the statute at that time. A general regulation covering nursing practice in any setting did not…
Could Washington’s marine safety office buy a rescue tug and charge passing vessels to pay for it?
The Attorney General concluded in 1994 that the office could acquire and operate a tugboat for its oil-spill emergency response system, but could not impose a vessel fee to fund it. The Legislature…
Could a Kentucky school board require school council committees and set who served on them?
The AG said a local board could not require a school council to create committees; that choice belonged to the council. If committees were formed, the board could require the council to allow…
What salary ceilings did Kentucky calculate for constitutional officers in 1994?
The AG approved the Department of Local Government's 1994 CPI calculations for the offices listed in the request. It reported $44,047.06 for the listed county officers, $73,411.76 for several state…
Could Lexington-Fayette's urban-county government set an occupational tax above one percent?
The AG's office said Lexington-Fayette Urban County Government could impose an occupational tax above the one-percent limit in KRS 68.197 by exercising the city powers granted to urban-county…
Could Kentucky judges serve on university boards or appoint members of other government bodies?
The AG said a sitting judge could not serve as a state-university regent exercising executive power, but distinguished University of Kentucky trustees under a statute saying they were not public…
Did the DOT Employee Insurance Committee's request for proposals for 'variable universal life insurance' violate the rule that only one insurance company can occupy each state-employee payroll deduction slot?
Maybe, depending on whether 'variable universal' meant the same thing as the 'universal' life product DOT already had in a slot. Because the industry uses the terms interchangeably and the…
Can a North Carolina town swap easements with a corporation when a town commissioner owns a major stake in that corporation?
No. The exchange would violate G.S. 14-234, which prohibits public officers from contracting with their own governmental unit when they have a financial stake in the deal. The major-stockholder…
Can a parent take their teenager's driver's license to the DMV and have it cancelled, or does the teenager have to agree?
The teenager has to agree. DMV's policy required both the minor licensee and a parent or guardian to sign the voluntary-surrender form. Without the minor's signature, DMV had no statutory authority…
Do registered lobbyists and their principals have to file a separate set of expense reports after every special (extra) session of the North Carolina General Assembly, or only after each regular session?
Only after regular sessions. N.C. Gen. Stat. §§ 120-47.6(a) and -47.7(a) require expense reports within 60 days of the end of the regular session of the General Assembly. The statute is silent on…
Would a Connecticut law allowing other video gaming end the Pequot casino’s state contributions?
The AG said a valid state law permitting others to operate video facsimile games would release the Mashantucket Pequot Tribe from contributions under its state agreement, even before another…
Did Kentucky's restriction on public funding for abortions conflict with federal Medicaid requirements in 1994?
The AG said Kentucky's restriction on using state funds for abortions except to save a woman's life conflicted with HHS's stated Medicaid requirement to cover abortions following rape or incest. It…
If a customer presents a valid South Dakota concealed pistol permit to a federally licensed firearms dealer, does that exempt the sale from the federal Brady Bill's five-day handgun waiting period?
Yes. South Dakota's concealed pistol permit, issued only after a background check under SDCL 23-7-7.1, meets the Brady Bill's § 102(a)(1)(C) exemption criteria. A buyer presenting a SD permit issued…
Can a North Carolina mountain county use the 1993 mountain ridge road service district statute to fund maintenance of subdivision roads that were platted after October 1975, or only the older platted ones?
Only the pre-October-1975 ones. Chapter 378 of the 1993 Session Laws collides with G.S. 136-98, the 1931 statute that took counties out of the road-building business. Because repeal by implication…
Can a Texas licensing board make you give your Social Security number to renew your license?
The Attorney General concluded that section 7 of the federal Privacy Act of 1974 barred the Texas Real Estate Commission from refusing to renew a license just because the licensee would not disclose…
Can North Carolina increase the penalty for habitual felons and still use prior felonies committed before the new law's effective date to count toward the recidivist designation, without violating the ex post facto clause?
Yes. The ex post facto problem is solved by an effective-date clause keyed to the date of the triggering (latest) felony. As long as the triggering felony occurs after the new penalty takes effect,…
Can Idaho's property tax law treat developers who hold six or more subdivision lots more favorably than someone who owns a single similar lot, by valuing the developer's lots based on how long it will take them to sell?
Not as a discount limited to multi-lot owners. Idaho Constitution art. 7, §§ 2 and 5 require uniform property valuation across similar parcels. House Bill 389's 1993 amendment to Idaho Code § 63-202…
Could Connecticut recover pay from a hospital commission member who was ineligible when appointed?
The AG said Connecticut could not recover salary paid to a hospital commission member whose prior affiliation made her ineligible when appointed. She served in good faith under color of appointment,…
Could a Connecticut interior designer submit building plans without an architect’s seal?
The AG said building officials could review plans prepared by a registered interior designer acting within that profession’s scope. Plans constituting the practice of architecture still needed an…
Are Orange County teachers who earned Career I or Career II status under the 1985 Career Development Pilot Program entitled to keep their enhanced pay after Orange County adopted a differentiated pay plan?
The AG concluded the 'hold harmless' provision in G.S. 115C-363.11(c) was triggered when Orange County adopted a differentiated pay plan in 1990-91 under the School Improvement and Accountability…
If the county commissioners in South Dakota want a light bar and county decals put on the sheriff's county-owned car for safety and identification, and the sheriff doesn't want them, can the commissioners buy the equipment and force the sheriff to use it?
Commissioners can buy and install the equipment under SDCL 7-12-12, but they cannot force the sheriff to use it. South Dakota law gives county commissioners no general authority over the sheriff's…
In Texas, do you go to justice court or county court for passing a stopped school bus?
The Attorney General concluded that because a first offense of overtaking and passing a school bus (section 104 of article 6701d) was punishable by fine only, it fell within a justice court's…
Could a Kentucky merit employee lead a nonpartisan political advocacy group?
The AG said Kentucky merit-system employees could participate in and lead United We Stand America as the office understood its nonpartisan activities in 1994. It read KRS 18A.140(4) as barring…
Did Washington’s school firearm restriction cover a stadium only while a school had exclusive use of it?
The Attorney General concluded in 1994 that the cited firearm restriction covered an area while a public or private school had sole possession, control, or use of it. A brief exclusive use could…
Did the Texas Open Meetings Act apply to four insurance-solvency and guaranty boards, and could they meet privately or by telephone?
Yes. All four insurance-related governing bodies were statewide governmental bodies subject to the Open Meetings Act, with notice posted by the secretary of state at least seven days before a…
If someone on unemployment is offered a job that depends on passing a drug test and they fail the test, can the state cut off their unemployment benefits?
The AG concluded yes. Under the unemployment statute, failing without good cause to accept suitable work disqualifies a claimant from benefits. If a claimant on benefits is offered a job contingent…
Can a Texas county add a courthouse security fee to court filings, including probate cases?
The Attorney General concluded that section 291.007 of the Local Government Code let a county commissioners court set a security fee of up to $5, collected once in each civil case filed in a county…
Who gets the interest on cash bail money and county jail inmate funds in Texas?
The Attorney General concluded that cash paid in lieu of a bail bond is held in trust under chapter 117 of the Local Government Code. A district clerk may put it in a separate or interest-bearing…
Can the State Board of Education deduct a school district's debt to the state schools from its available school fund?
The Attorney General concluded no. Education Code section 21.507 let the commissioner of education deduct a district's share of state-school costs only from foundation school program payments, not…
Could Kentucky counties be liable for KRT insurance revenue bonds, and could the insurer operate under its existing license?
In 1994, the AG said KRT Insurance Company could conduct business within its existing license, though the Department of Insurance could revoke it if improperly issued. The office also saw little…
If a court sets up a special-needs trust funded by a personal injury settlement, do the new Medicaid trust rules under OBRA 1993 treat that trust as if the disabled person established it themselves?
Yes. The AG concluded that 42 U.S.C. § 1396p(d) reaches a trust funded with settlement or judgment proceeds even when a guardian or court formally creates it, because the proceeds are the property…
Can North Carolina recover Medicaid expenditures from a deceased recipient's estate if Congress requires it, or does the General Assembly have to pass enabling legislation first?
NC must pass enabling legislation. The AG concluded that even though federal OBRA 93 required states to establish Medicaid estate recovery programs, NC lacked any state statutory mechanism for the…
If investors put money into a North Carolina business in November or December 1993 and the Secretary of State registered the business as a Qualified Business Venture later in December, did the investors qualify for the state Qualified Business Venture investment tax credit?
Yes, for investments made through December 31, 1993. Chief Counsel John R. McArthur officially adopted the prior Boylan interpretation: registration with the Secretary of State at any time during…
If two Texas laws define 'gambling device' differently, which one controls?
The Attorney General concluded the two 1993 amendments did not truly conflict. Because Senate Bill 1067 carried its own transition rule (section 13.02) for handling other same-session Penal Code…
Can the Maine House of Representatives remove and replace its Speaker by a simple majority vote, or does that require impeachment or some supermajority procedure?
Majority vote. The AG concluded that Me. Const. art. IV, pt. 1, § 7 simply provides that the House 'shall choose their speaker, clerk, and other officers' and does not fix a term of office, a…
Can a county commissioner's company sell materials to the county in Texas?
The Attorney General concluded that chapter 171 of the Local Government Code lets a county do business with a company a commissioner owns, to the same extent as other local governments, and that the…
Does the North Carolina RICO Act include structuring a currency transaction in violation of federal law within its definition of money-laundering activity?
Yes. The AG read the undefined phrase in G.S. § 75D-3(c)(1)c to include currency structuring in violation of 31 U.S.C. § 5324(a)(3), relying on the Act's remedial purpose, ordinary meaning, and the…
In a NC county building shared by sheriff's office staff and other county business, who decides where people can smoke: the county commissioners or the sheriff?
Both, depending on the room. County commissioners have broad authority under G.S. § 153A-121 (health ordinances) and § 153A-169 (county property supervision) to regulate smoking in county buildings,…
Could a Washington health officer detain, test, or treat someone suspected of having tuberculosis?
The AG concluded that the statutes authorized detention, testing, isolation, and necessary treatment in the circumstances described, including a patient who stopped treatment and might again become…
Could Connecticut’s retirement commission settle a new employee into the wrong pension tier?
No. The AG said a former judge who first joined the State Employees Retirement System in 1991 had to be in Tier II from his appointment date. The Retirement Commission could not use fiduciary or…
When is a 'non-profit' volunteer fire department itself an OSHANC-covered employer, and what factors should the Department of Labor weigh in deciding?
The AG identified member compensation as the principal factor, assessed case by case. One or more paid members create an employer-employee relationship; none means the department is not an employer…
Would Connecticut be liable for an accident at or after a private employee holiday party?
The AG said state liability was unlikely for incidents at or after a voluntary, employee-run, off-site holiday party, even during paid hours, where the agency did not sponsor it or provide alcohol…
Do Texas county school administrations have to follow the school-district lobbying limits?
Yes. The Attorney General concluded that the Dallas County Schools, a county school administration operating under chapters 17 and 18 of the Education Code, is a 'school district' within the meaning…
Can unlicensed practice of architecture be prosecuted in a Texas justice court?
The Attorney General reached a two-part answer. Unauthorized practice of architecture under article 249a, section 13 cannot be tried as a class C misdemeanor, because its fine range of $250 to…
Did religious objections to a child's medical treatment remove Kentucky's child abuse reporting and investigation duties?
No. The 1993 AG opinion said a child denied necessary medical care because of a parent's religious beliefs could still be considered abused or neglected. The statutory reporting and Cabinet…
Do Texas insurance mandates apply to a county's self-funded employee health plan?
The Attorney General concluded that several Texas Insurance Code provisions, including the HIV/AIDS data article (1.24C), the chemical dependency coverage article (3.51-9), and the dental benefits…
Under the Maine Indian Claims Settlement Act, does the Penobscot Indian Reservation include islands in the West Branch of the Penobscot River, or only the islands in the main stem from Old Town to Mattawamkeag?
The Penobscot Indian Reservation under 30 M.R.S.A. § 6203(8) includes only islands in the main stem of the Penobscot River from Old Town to Mattawamkeag, not islands in the West Branch or any other…
Are video poker machines that involve skill and pay out only merchandise credit legal in NC after the recent amendment to the anti-slot-machine statute?
Maybe. The amended N.C.G.S. § 14-306 contains an exemption for machines used for amusement that involve skill. A particular video poker machine fits the exemption only if both conditions are…
Could a Washington public university require an apprenticeship program before a contractor could bid on a public works project?
No. The AG found no statute authorizing that prebid condition. It distinguished excluding a contractor before bidding from evaluating the lowest bidder’s responsibility after bids were received.
If a Texas teacher transfers retirement credit to the state employee system, who pays the early retirement incentive?
The Attorney General concluded that the Teacher Retirement System (TRS) must pay its proportional share of an early retirement incentive for a member who transfers service credit to the Employees…
Did Kentucky's ethics law bar a state employee from taking a job with the Kentucky Lottery Corporation?
The 1993 AG opinion said KRS 11A.040's restriction on taking a job with a business dealing with the state did not apply to employment with the Kentucky Lottery Corporation. The Lottery was a state…
Did a Kentucky power of attorney for transferring a car title have to be recorded with the county clerk?
No. The 1993 opinion concluded that a vehicle certificate of title did not have to be recorded or lodged for record under KRS 382.370, so a power of attorney used to transfer the vehicle did not…
Can a Texas public funds investment pool write covered call or put contracts?
No. The Attorney General concluded that the Public Funds Investment Act gives a public funds investment pool a specific, exclusive list of permitted investments, and covered call and covered put…
Can a Texas county commissioners court create its own civil process office?
No. The Attorney General concluded that a county commissioners court has no express or implied statutory authority to set up a civil process department that operates separately from the sheriff. The…
Could a Washington public university share staff and resources with its fundraising foundation, and who owned the donations?
The AG said a university could exchange services for consideration from a private fundraising nonprofit. Ownership of each gift followed the donor’s intent; gifts made to the university could not…
How these opinions are useful
- Understand state law: AG opinions are authoritative interpretations of how state law applies.
- Persuasive authority: Not binding like court decisions, but they carry significant weight.
- Government guidance: Often clarify how state agencies and officials should interpret statutes.
- Legal research: Cite AG opinions in letters, motions, and legal arguments.
Browse opinions by state
Two states are not listed and are not pending: New Hampshire publishes its opinions on a page that automated retrieval cannot read, and Rhode Island publishes no complete full-text archive at all. We will add them if that changes.