State AG Opinions
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Can a funeral home get in trouble for having an unlicensed person on staff if the funeral home didn't know the employee's license had lapsed?
Yes. The AG concluded that a funeral establishment has an affirmative duty under Board regulations to verify the current license status of each licensed employee when applying to renew the…
Are the Idaho State Tax Commission's rules that multiply a mine's net profits by five (then tax that multiplied figure as the property's value) actually authorized by statute?
No. Idaho Code § 63-2801 directs assessors to value mining property based on net profits without any multiplier. The Tax Commission's IDAPA Rule 585.04 and 585.05 (and similar provision in Rule 580…
Does North Carolina's school-involvement leave statute (four hours per year) apply to public school employees, and is the 'year' a calendar year, a fiscal year, or something the employer can pick?
The NC AG concluded that N.C.G.S. § 95-28.3 applies to public school employees and other state and local government workers, that the four hours is a minimum the employer must allow (not a maximum),…
Could Connecticut dissolve the Borough of Newtown, and did borough officers have to help?
The AG said Connecticut’s legislature could dissolve a borough through a special act, with the act itself specifying the dissolution procedure and successor duties. He found no state constitutional…
Could Idaho repeal the proportionality-review piece of its automatic death-sentence review statute without making the state's death penalty unconstitutional?
Yes. The U.S. Supreme Court held in Pulley v. Harris (1984) that the Eighth Amendment does not require comparative proportionality review (comparing each death sentence to similar cases) as long as…
Could Kentucky's governor call a legislative special election before a future-dated resignation took effect?
Yes. The 1993 opinion said the governor could issue a special-election writ once a legislator's written future-dated resignation was accepted, even though the seat was not yet empty. Acceptance made…
Can North Carolina pass a local act letting a city promise not to annex a manufacturer's property for years in exchange for payments in lieu of taxes, or does that violate the state constitution?
The AG concluded the Eden-Miller Brewing preannexation local act (Chapter 418 of the 1993 Session Laws) is facially constitutional. The legislature has plenary power over municipal boundaries under…
Could Kentucky highway departments install driveway culverts where private land meets a public road?
Yes, under the 1993 AG opinion's road-protection reasoning. A county could install culverts under a uniform policy to protect its road system, and the state could do likewise along state highways.…
When is a volunteer fire department considered part of a municipality or county such that the city or county itself becomes responsible for OSHANC compliance, including citations and penalties, for fire-department safety violations?
Only when the municipality or county exercises sufficient control over the volunteer department, shown by clear and convincing evidence. The AG identified five major factors: ownership of land and…
Could Washington Ecology ban outdoor burning of materials that the statute did not list?
Yes, if the unlisted material normally emitted dense smoke or obnoxious odors; the AG also recognized authority over toxic emissions. Ecology could not turn the statutory odor test into a ban on…
Were Connecticut Pilot Commission members entitled to state defense and indemnity?
Yes. The AG said appointed Connecticut Pilot Commission members qualified as state officers for the defense and indemnification statute. Protection applied to acts within their duties that were not…
Could Connecticut’s state museum use proceeds from sold pistols for non-Colt collections?
No. The AG said the State Library Board could sell pistols found not to be Colt-made, but had to treat the proceeds as private-source funds tied to the original Colt collection purpose. The money…
Can the NC Banking Commission raise or lower the maximum interest rate on larger consumer finance loans, or only on the smaller loans?
Only on the smaller loans. The Banking Commission has explicit authority under G.S. § 53-173(f) to redetermine and refix the maximum interest rate for consumer finance loans made under § 53-173 (up…
Can a North Carolina consumer-finance company sell new types of credit insurance to its borrowers, including joint accident and health policies and single or dual interest motor vehicle physical damage coverage?
Consumer Finance Act licensees who hold the required Department of Insurance license may sell credit joint accident and health insurance. To sell single or dual interest motor vehicle physical…
Is a cancer center's patient lodging exempt from property tax in Texas?
Yes. The Attorney General concluded that the M.D. Anderson Cancer Center's Jesse H. Jones Rotary House International, a center where cancer patients and their families stay during treatment, was…
Were private contractors administering Kentucky county association funds subject to the Open Records Act?
It depended on funding. In 1993, the AG classified three KACo program administrators as public agencies because at least 25% of their funds came from public-agency programs. It classified two others…
When a North Carolina consumer-finance licensee applies to do other business at the same office where it makes loans, is the licensee entitled to an evidentiary hearing, and what role does the State Banking Commission play in reviewing the Commissioner's decision?
Yes to an evidentiary hearing when there is any likelihood the application will be denied. The Administrative Procedure Act applies. The State Banking Commission reviews the Commissioner's decision…
Can a Texas public university limit which companies sell retirement annuities to its faculty?
Yes. The Attorney General concluded that section 830.004 of the Government Code delegates to the governing boards of state institutions of higher education the authority to structure the optional…
Would the Idaho Citizens Alliance's 1993 revised initiative on homosexuality and public policy survive a constitutional challenge?
No. The AG concluded the initiative authorized discrimination and denied gay people equal access to the political process (violating Equal Protection), restricted protected speech in public schools…
Was interstate railroad insurance exempt from Kentucky's unauthorized-insurer premium tax?
Yes, if it was lawfully obtained from an unauthorized insurer because coverage could not be procured from an authorized insurer. The 1993 AG opinion said the railroad exemption from the Surplus…
How many paid vacation days do Texas police officers and firefighters get?
The Attorney General read two vacation provisions in section 142.0013 of the Local Government Code together rather than as a conflict. In a city with a population over 30,000, a firefighter or…
Did Kentucky living-will or surrogate-decision laws govern ambulance crews during emergency care?
Usually not under the circumstances the AG assumed in 1993. The opinion said the Living Will Act required two physicians and a terminal-condition notation, while the surrogate law required an…
Did Kentucky's 1990 changes make the Unfair Cigarette Sales Law constitutional?
No. The 1993 AG opinion concluded that the amended Unfair Cigarette Sales Law still calculated a mandatory markup using a retailer's overall business costs, including costs unrelated to cigarettes.…
Were all Kentucky real estate transfers to the federal government exempt from transfer tax?
No. The 1993 AG opinion read the transfer-tax exemption for deeds to the federal or another listed government as limited to gifts or transfers for nominal consideration. It overruled earlier AG…
How long is a Texas water control district director's term, and when must the elections be held?
The Attorney General concluded that directors of the El Paso County Water Control and Improvement District (Westway) serve two-year terms. Westway was created by a 1961 special law that set two-year…
Can a Texas county donate its surplus or salvage property to a local charity?
On its face, yes. The Attorney General concluded that House Bill 2087, a 1993 law letting a county commissioners court donate salvage or surplus property to a local civic or charitable organization,…
Can a married couple both hold local elected office in Texas if their districts overlap?
Yes, on the facts presented. The Attorney General found no conflict of interest that would disqualify either spouse from office. Texas's local conflict-of-interest law (chapter 171 of the Local…
How many votes does a member of a Texas agricultural marketing cooperative get?
One. The Attorney General read section 52.085(a) of the Agriculture Code as a flat one-vote-per-member rule for agricultural cooperative marketing associations, with a single narrow exception for…
Do a Texas county retirement system's extra-interest checks to retirees count as an illegal gift of public money?
No. The Attorney General concluded that when the Texas County and District Retirement System pays annuitants extra interest out of its endowment fund's distributive benefit account, that is not an…
Could a Kentucky first-class city require firearm registration and notice of firearm sales despite state preemption?
No. The 1993 opinion said KRS 65.870 barred first-class cities, like other local governments, from regulating firearm registration and requiring notice of firearm sales. The AG read the cities'…
When a private doctor performs a child medical evaluation for DSS in a suspected abuse case, are the doctor's records confidential, or do they become public once they leave DSS custody?
They remain confidential when a participating physician performs a Child Medical Evaluation at a county DSS request as part of a protective services investigation. The AG relied on G.S. § 7A-544,…
If the State of North Carolina keeps backup CDs of a commissioned sound sculpture in its building, can the public force the State to hand over copies under the public records law?
No. The AG concluded that an artist who retained federal copyright in a state-commissioned sound sculpture kept the right to control duplication, and federal copyright law preempted the state Public…
Can a Texas county bail bond board limit how many bonds a corporate surety writes or question its property appraisals?
The Attorney General answered eight questions from Denton County and drew a consistent line: a county bail bond board may not pile requirements onto a corporate bondsman beyond what the bail bond…
Could a Kentucky legislator also serve on an area development, tourism, housing or other public board?
The 1993 AG opinion said legislators could not concurrently sit on the named area development, tourism, community improvement or joint housing boards because those bodies exercised nonlegislative…
Did requiring probate operating regulations to follow Connecticut’s UAPA violate separation of powers?
The AG did not decide the statute’s constitutionality. He said probate courts were legislatively created courts subject to broader legislative rulemaking authority, and the UAPA requirement was not…
Can Texas require EMTs and paramedics to pass an exam to keep their certification?
The Attorney General concluded that House Bill 241, passed in 1993, did not strip the Texas Department of Health of the power to require a recertification exam for emergency medical services…
Could a Kentucky coroner cremate an unclaimed body instead of arranging burial at public expense?
No under the statute as the AG read it in 1993. KRS 72.450 authorized burial at public expense when a coroner could not locate family, or delivery to a state medical school, but the AG said it did…
Could a Kentucky realtor board add questions to the state seller disclosure form?
No. In 1993, the AG said only the Kentucky Real Estate Commission could add items to its seller disclosure form. A private realtor group could use a separate supplemental form, but the state statute…
Can a Texas constable seize otherwise-exempt property to collect back child support?
The Attorney General drew a line based on whether a child support lien exists. On a plain writ of execution for child support arrears, attorney fees, and interest, a constable may seize only…
Can Texas impound an out-of-state driver's car after an accident if they can't show insurance?
The Attorney General concluded that section 4A of the Safety Responsibility Law (article 6701h), which lets Texas impound a vehicle not registered here when it is in an accident and the owner can't…
Can a Texas school district set up a permanent endowment fund, and what money can it use?
The Attorney General gave a split answer. A school board may establish an endowment fund for educational purposes using money willed or donated for that purpose, under its statutory authority to…
Could a Kentucky solid waste management area control recycling facility permits and bind cities outside its interlocal agreement?
In 1993, the AG said the area's governing body could review the plan consistency of disposal facilities, but not make a binding determination for management-only facilities such as recycling…
If Washington voters passed Initiatives 601 and 602 together, which tax and spending rules would control?
Before the vote, the AG concluded that some provisions would conflict if both measures passed, including their limits and reserve-fund rules. It could not say which initiative a court would prefer:…
Can a Texas appraisal review board member rule on a property-tax protest when they also worked for the taxpayer?
The Attorney General concluded that Tax Code section 41.69 bars an appraisal review board member from participating in deciding a taxpayer protest in which the member has a direct personal or…
Can a county board of health adopt a smoking rule that applies to a state university campus, and when does state preemption kick in?
Yes, the AG concluded, but only briefly. Because the Commission for Health Services had not issued a statewide smoking rule for state institutions, Orange County's local board of health could adopt…
When a court orders someone on probation or parole to perform community service hours at a non-profit or government agency, is the worker an OSHANC-covered employee, and is the agency an OSHANC-covered employer responsible for worker safety?
No. Community service workers are not OSHANC-covered employees. The receiving agency cannot fire them (only transfer them back), pays no wages, and does not have ultimate control over their work…
Can a North Carolina state university issue students a campus debit card for buying books and meals, and can it open that same debit system up to private off-campus businesses?
On the first question yes, on the second no. ECU's closed-loop debit card for on-campus purchases was a prepayment-for-services arrangement, not a bank deposit, so it did not violate state or…
Did Connecticut’s 1993 child support wage-withholding law meet federal requirements?
The AG concluded that Connecticut’s child support statutes could meet federal wage-withholding rules: the agency could implement withholding requested by a custodial parent, and a payer’s motion to…
Could Connecticut’s mental health agency receive grantee patient records without consent?
Yes, within the exceptions the AG identified. Mental health grantees could send the commissioner coded psychiatric records for planning or administration, with the identifying key tightly held. A…
If a sitting city commissioner pleads no contest to embezzlement and the judge finds her guilty but suspends the imposition of sentence (no formal judgment of guilt entered), is she automatically disqualified from holding city office?
No. A suspended imposition of sentence under SDCL 23A-27-13 is not a 'conviction' for voter-disqualification purposes because the court never entered a judgment of guilt. The commissioner remains a…
Were Kentucky county association reinsurance and unemployment funds public agencies under the Open Records Act?
Yes. The 1993 opinion said both the KACo Reinsurance Trust Program and KACo Unemployment Compensation Self-Insurance Fund were interagency bodies of public entities and thus public agencies under…
Could Kentucky county road aid pay for road-adoption notices or deeds, and could a county attorney charge for a road deed?
The 1993 opinion said county road aid funds were restricted to construction, reconstruction and maintenance, so they could not pay road-adoption advertising or deed preparation costs. Deed work…
What happens to unclaimed property-tax overpayments in Texas after the three-year refund period ends?
The Attorney General concluded that unclaimed overpayments of property taxes do not escheat to the state. Once the three-year period for a taxpayer to apply for a refund under Tax Code section 31.11…
If two doctors who owned a clinic before April 1, 1993 transfer the clinic's assets to a new corporation they also own, do they keep the grandfathered 'grace period' that lets them refer patients to that clinic until July 1, 1995?
Yes, but only for themselves. The doctors never relinquished their investment interest in the underlying clinic when they transferred its assets to a new corporation in which they also held stock.…
If a doctor with an investment interest in a private nursing home prescribes nursing home care for Medicaid patients but does not pick a specific facility, is that a prohibited self-referral?
No. The 1993 self-referral statute defines a 'referral' as forwarding a patient to another provider or to an entity providing designated services. When the physician only prescribes the level of…
Can the North Carolina State Board of Refrigeration Examiners enforce its licensing laws against commercial refrigeration work done on the Cherokee Indian Reservation?
Yes, as long as the contractor is not a Cherokee Indian residing on the Reservation. The AG concluded neither federal nor tribal law preempted North Carolina's right to require non-Cherokee…
Can a city bill a state university (or other state agency) for stormwater utility fees, the way it bills any other property owner in town?
No. Sovereign immunity blocks the city from collecting under the ordinance alone. NC cities have express statutory authority to bill private property owners for stormwater service, but Chapter 160A…
Does a commercial refrigeration contractor need a county building permit before installing a commercial refrigeration system?
Yes. The AG concluded that commercial refrigeration systems are within the county inspection department's enforcement jurisdiction under G.S. 153A-352, and the State Building Code (Volume III,…
When a district court seat opens, which county bar associations get to vote on the nomination list submitted to the Governor — the bars in the judicial district as it exists today, or the bars in the district as it existed on January 1, 1987?
January 1, 1987 controls. The NC AG concluded that N.C. Gen. Stat. § 7A-142 (read together with § 84-19) freezes the membership of each judicial district bar for nomination purposes to the judicial…
Could Connecticut cancel another state agency’s debt to a DAS revolving fund?
No. The AG concluded that the statute for cancelling uncollectible claims or compromising disputed claims did not apply when one state agency owed money to a Department of Administrative Services…
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