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.
Under the 1989 Texas law creating the Child Care Development Board, can the state build a brand-new building just to house a child care center for state employees, and can it lease that space to a child care provider for less than what the space would normally rent for?
The Attorney General concluded that Senate Bill 1480 did not authorize a new state building solely for child care. Most of the bill addresses child care in existing state-owned space. It also allows…
Can a single Texas county commissioner, acting alone as the ex officio road commissioner for his precinct, accept a donation of gravel or equipment for road repairs, or donate his own materials, without getting the whole commissioners court to approve it first?
No. The Attorney General concluded that only the commissioners court as a whole, not an individual commissioner acting as ex officio road commissioner, can accept donations of material to maintain…
If a repair shop or other business bills an insurance company directly and just doesn't ask the customer to pay their deductible, is that a crime under the Texas law aimed at insurance deductible schemes?
The Attorney General concluded no. Simply declining to collect the deductible isn't the same as advertising to "pay" the deductible or give a "rebate" of it, which is what section 27.02(a) of the…
Does Maryland's crime of distributing drugs require proof that the person knew what they were handling?
The Attorney General concluded in 1990 that knowledge is a required element of the Maryland crime of unlawfully manufacturing, distributing, or dispensing a controlled dangerous substance under…
Were Connecticut veterans' benefit waiting periods and enlistment-time residency rules constitutional?
The Attorney General concluded in 1990 that the two- and five-year waiting periods for veterans' benefits were unconstitutional, as was the rule requiring residence in Connecticut when entering…
Can a Maryland county make its contractors and lobbyists disclose campaign contributions to local officials?
The Attorney General concluded in 1990 that nearly all of Prince George's County Council Bill 17-1990, which required people doing business with the county to disclose campaign contributions, barred…
Can a Maryland county impose its own fire-safety building requirements on state-certified modular and prefabricated buildings?
The Attorney General concluded in 1990 that Maryland's Industrialized Building and Mobile Homes Act preempted any local ordinance, including one labeled a fire-control regulation, that regulated the…
If a Maryland town purges me from its voter list, can I still vote in town elections?
The Attorney General concluded in 1990 that Maryland's law requiring county election boards to cancel the registration of voters who had not voted in five years (Article 33, §3-20) did not apply to…
Can a public university have a privately funded kosher dining hall without violating the separation of church and state?
The Attorney General concluded in 1990 that a privately funded kosher kitchen in leased dining space at Towson State University would not violate the Establishment Clause of the First Amendment. The…
Did the Texas Legislature need a two-thirds vote in each house to legally create Central Texas University (now part of Texas A&M University-Central Texas) in 1989, or was a regular majority vote enough?
A regular majority vote was enough. The Attorney General concluded that the two-thirds-vote language in article VII, section 17(c) of the Texas Constitution sets a standard for whether a newly…
Did Connecticut's hazardous-duty arbitration award expand eligibility for the 1989 retirement incentive?
No. The Attorney General said the incentive statute used the retirement qualifications in force when it passed, including the then-existing age-forty-seven requirement for hazardous-duty employees.…
If a private company runs a county jail under contract, do the guards it employs have to be certified by the state, or does that requirement only apply to jailers the sheriff directly employs?
The Attorney General concluded that jailers employed by a private vendor under contract with a county aren't "county jailers" in the strict statutory sense, since that term applies only to people…
How were Connecticut's 1990 distance limits for new off-track betting simulcast sites measured?
The Attorney General said the limits applied to new simulcasting facilities relative to the New Haven tele-track and proposed Windsor Locks teletheater. Miles were measured in a straight line from…
Can the Texas Legislature use a budget rider (a clause tucked into the state appropriations bill) to expand which university employees are eligible for the optional retirement program, when a separate Government Code statute already sets narrower eligibility rules?
No. The Attorney General concluded that the rider conflicts with and attempts to amend section 830.101 of the Government Code, making it a matter of general legislation that the one-subject rule for…
When the General Assembly appropriated a special Clean Water Revolving Loan and Grant Fund award to Burke County for a joint water-system upgrade with the City of Morganton, can the upgraded water facilities lawfully be owned by Morganton rather than by Burke County, and does the project serve a public purpose given that a private industry, a private rural water cooperative, and a small town all benefit?
Yes to both. The 1990 AG concluded that the joint Morganton/Burke County water-system project serves a public purpose under N.C. Const. art. V, § 2 because it primarily improves a municipal water…
In Orange County, Texas, who has the final say over how much the child support office staff get paid: the juvenile board that runs the office, or the county commissioners court that controls the county budget?
The Attorney General concluded that the Orange County Juvenile Board sets the salaries of its child support office personnel, and the commissioners court's role is limited to ministerially approving…
If someone served as a Texas constable before 1985, left office, and then came back to the job years later, do they still get the old grandfather exemption from peace officer licensing requirements, or do they now have to get certified like a new officer?
The Attorney General concluded that a break in service ends the grandfather exemption. A constable who served before September 1, 1985, left office, and later returned after a gap does not qualify…
Can a Maine town's public library charge patrons a rental fee to borrow videocassettes, the way a video store does?
No. AG Tierney concluded that 27 M.R.S.A. § 101 et seq. required free use of town public libraries, including videocassettes offered for loan. Libraries could still charge for copying and assess…
If the U.S. Department of Education recognizes an accrediting organization for chiropractic schools, does the Texas Board of Chiropractic Examiners have to accept that organization's accreditation when deciding who is eligible for a Texas chiropractic license?
No. The Attorney General concluded that federal recognition of the Straight Chiropractic Academic Standards Association for certain federal purposes does not by itself require the Texas Board of…
Could the Texas Industrial Accident Board limit workers' compensation attorney fees to 15% of a claimant's recovery unless the lawyer showed his hours justified more?
The Attorney General concluded no, that rule was invalid. Texas courts consider many factors beyond hours worked in setting a reasonable attorney's fee, such as the case's complexity, the amount at…
Can a Texas public university use campus space and staff for a private faculty club without violating the constitutional ban on gifts of public property?
The Attorney General concluded that Texas A&M University could operate a faculty club as an auxiliary enterprise without violating article III, section 51 of the Texas Constitution, as long as the…
When was Washington’s Director of Wildlife appointed, and could the governor immediately reappoint a director who resigned?
The Attorney General concluded in 1990 that appointment was effective when the governor made it and notified the Senate, unless the Senate rejected it. A temporary acting director was subject to a…
When someone wins or loses an employment discrimination case brought under the Texas Commission on Human Rights Act, is the standard for who counts as the 'prevailing party' entitled to attorney's fees the same standard used under the federal Title VII law it was modeled on?
Yes. The Attorney General concluded that 'prevailing party' in section 7.01(e) of the Texas Commission on Human Rights Act should be construed the same way the U.S. Supreme Court construed that term…
Could Maryland keep holding public hearings on group home licenses for people with mental disabilities after the federal Fair Housing Amendments Act?
The Attorney General concluded in 1990 that Maryland could keep holding public hearings on group home license applications, but only within federal limits. The Developmental Disabilities Law's…
Could a retired Connecticut state employee serving in the General Assembly keep retiree life insurance and qualify for a legislator's group policy?
Yes. The Attorney General concluded in 1990 that the legislator could keep reduced, paid-up life insurance from state employment and qualify for group coverage as a legislator after the required…
Can Maryland require state employees in safety-sensitive jobs to take drug tests without individual suspicion?
The Attorney General concluded in 1990 that House Bill 370, which authorized drug testing of state applicants and employees, was constitutional, and that the state could require even random,…
Did Connecticut's 1990 vehicle-screen law allow a driver-visible monitor showing only a rear camera?
No. The Attorney General concluded that the described rear-camera monitor counted as a television screen or similar device and could not be used where visible to the driver. The opinion expressly…
Can Maryland Legal Services Corporation money pay for legal help for organizations, or only for individual poor clients?
The Attorney General concluded in 1990 that the Maryland Legal Services Corporation could make grants for legal assistance to organizations composed primarily of individuals who were themselves…
Can a Maryland sheriff put an inmate on home detention without a court order?
No. The Attorney General concluded that a sheriff's legal duty to keep prisoners in jail can be relaxed only by statute or court order, and Article 27's 'employment of prisoners' subtitle authorizes…
Can a county government audit its school board's management practices, or only its finances?
The Attorney General concluded in 1990 that Carroll County's power under ED §5-108(d) to audit its Board of Education was limited to the board's financial transactions and accounts. It did not…
Can the public get copies of the reports abortion clinics file with the Texas health department, or find out whether a specific clinic is a licensed abortion facility?
The Attorney General concluded no. The Texas Abortion Facility Reporting and Licensing Act makes all information and records the Department of Health holds under that chapter confidential and…
If a snack food seller uses cardboard 'honor system' boxes with a money slot, can the seller treat sales through those boxes as exempt vending machine sales for Maine sales tax purposes?
No. AG Tierney concluded that a cardboard 'honor system' box was not a 'coin-operated vending machine' within 36 M.R.S.A. § 1760(34), so the seller had to collect Maine sales tax on retail sales…
Can the cost of an extended warranty on a used car be financed along with the car loan in Maryland?
The Attorney General concluded in 1990 that a 1989 law let a car buyer finance the cost of a mechanical repair contract (an extended warranty or service contract) as long as any original…
Are a Texas county clerk's audio tapes of commissioners court meetings public records under the Open Records Act, even if she calls them her private notes?
The Attorney General concluded yes. Audio tape recordings a county clerk makes of commissioners court meetings, used to help prepare the official minutes, are subject to the Open Records Act because…
When a Maine regional vocational center director excludes a student from the program for disciplinary reasons, does the student get a full due-process hearing before the school board, or is informal notice from the director enough?
Assistant AG Pidot concluded that vocational-center students have a property interest in continued attendance under Goss v. Lopez, and any exclusion whose cumulative impact exceeds ten days requires…
Can a Texas appraisal district set up its own local pension plan for its employees, the way a city or county can?
A state senator asked the Attorney General to spell out what retirement plans an appraisal district may offer its employees, after an earlier opinion (JM-1068) held that appraisal districts lacked…
In Maryland, does a therapist have to report suspected child abuse if the patient was referred by a lawyer?
The Attorney General concluded in 1990 that a mental health provider, such as a psychiatrist or therapist, must report suspected child abuse or neglect even when the person who disclosed it was…
Can a hazardous waste facility use a corporate guarantee instead of a bond to meet Maryland's financial assurance rule?
The Attorney General concluded in 1990 that the Maryland Department of the Environment could let a hazardous substance facility satisfy its financial assurance requirement with a corporate guarantee…
Does Texas law require a child's parent to consent before the child, as a witness or complainant rather than a suspect, is given a polygraph test?
The Attorney General concluded that the Family Code's specific consent requirement, section 51.151, only applies to a child who has been taken into custody as a suspect, not to a child complainant…
Does the pay a Texas district judge gets for serving on a county juvenile board count toward the legislature's cap on the judge's total salary?
The Attorney General concluded yes. Even though House Bill 101 (1989) directly capped only the district judge's combined state-and-county salary, and the juvenile board statute paid a judge…
Must a security officer hired by a Texas harbor or port board be armed to be licensed by the state's law enforcement standards commission?
The Attorney General concluded yes, for security officers employed under article 1187f. The Government Code defines a licensable 'public security officer' as an armed officer employed by the state…
If the legislature gives a Texas district judge a raise mid-year, does the county's court-at-law judge whose pay is tied to it get a raise automatically, and can the county amend an already-adopted budget to pay for it?
The Attorney General concluded that the raise was automatic and took effect on the legislature's effective date, not at the discretion of the commissioners court, because the county court-at-law…
Can a Texas county auditor require the tax assessor-collector to file notarized weekly revenue reports?
The Attorney General concluded no, at least in counties with fewer than 190,000 people. Local Government Code sections 112.001 and 114.003 give the auditor authority to require unsworn 'statements'…
Does a Texas county attorney's office count as a 'specialized local entity' under the county purchasing law, and what counts as a 'professional service' exempt from competitive bidding?
The Attorney General concluded that a county attorney's office, even one performing district-attorney-type duties under the Professional Prosecutors Act, is not a 'specialized local entity' under…
After the U.S. Supreme Court's 1989 City of Richmond v. Croson decision held that local racial set-asides in public contracting must survive strict scrutiny, are North Carolina's minority-business participation provisions in G.S. 143-128, G.S. 136-28.4, G.S. 160A-17.1, the 1989 prison-construction appropriation, and Executive Order 77 still constitutional?
Yes. The 1990 AG concluded that the North Carolina provisions are facially constitutional under Croson because each one creates only a 'verifiable goal' for minority-business participation,…
Could Connecticut's Electrical Work Examining Board choose the company that administers electrician licensing exams?
No. In 1990, the Attorney General concluded that the Board could consent to or reject the Department of Consumer Protection's decision to use a third-party examiner, but the Department alone…
Can Maryland raise the pay of a State Roads Commission member in the middle of the member's term?
No. The Attorney General concluded that State Roads Commission members are 'public officers' under Article III, §35 of the Maryland Constitution, which bars increasing a public officer's pay during…
Did Maryland's Medicaid program have to go through formal rulemaking before requiring doctors to write a reason for prescribing a brand-name drug instead of its generic version?
The Attorney General concluded in 1990 that Maryland's Medicaid agency did not have to go through formal rulemaking before requiring physicians to write a specific medical reason on a prescription…
Did Maryland's 1990 budget bill restrict Medicaid abortion funding differently than the state's own abortion statute did?
In a 1990 opinion analyzing then-current, since-superseded Maryland law, the Attorney General concluded that if Roe v. Wade were overruled, Maryland's dormant abortion statute would control the…
Under Maryland's 1986 rulemaking amendment, when could an agency change a proposed regulation without republishing it for comment?
The Attorney General concluded in 1990 that a Maryland agency could adopt a regulation that differed from its original proposal without republishing it for new comment only if the change was one…
Could Connecticut banks and credit unions limit director liability under Public Act 89-322?
No. The Attorney General concluded that the 1989 corporate-director liability act did not apply to state banking institutions or credit unions governed by Connecticut's banking law. A specific…
After Maine's 1989 parental consent law for minors' abortions, what is the status of the older 1979 parental notification statute that a federal court enjoined and never let take effect?
AG Tierney concluded that the 1989 parental consent statute (22 M.R.S.A. § 1597-A) impliedly repealed the 1979 parental notification statute (22 M.R.S.A. § 1597), so even if the U.S. Supreme Court…
A state employee who flies on a state-purchased ticket accumulates frequent flier miles in the employee's personal account. The 1982 AG had said this was illegal under then-SDCL 4-3-4. SDCL 4-3-4 has been repealed and replaced by SDCL 4-3-4.2, and the airlines no longer require the original ticket to claim award travel. Can a state employee now use the frequent flier credits for personal travel?
Yes. AG Tellinghuisen overruled the 1982 opinion. Frequent flier miles are not 'emoluments or perquisites' of state employment because (1) the state pays nothing extra for them, (2) the airline (a…
Does Maine law require the Governor to balance the state budget before the new fiscal year begins, or only to react if revenues fall short during the year?
Chief Deputy AG Kilbreth concluded the Governor had no duty to ensure the fiscal 1991 budget was balanced before July 1, 1990. The state could amend its budget to reflect projected revenue…
Can Texas deny an HIV education grant to a group because it lobbies to change drug or sodomy laws, or because gay people serve on its board?
The Attorney General concluded no. The Human Immunodeficiency Virus Services Act only let the Department of Health deny a grant to a group that advocates or promotes conduct that itself violates…
Could Connecticut police ticket unauthorized parking in an accessible space with defective signs or dimensions?
In 1990, the Attorney General said size or location defects did not excuse unauthorized parking, but police could not ticket a driver if the space lacked the statutory warning signs and markings.…
Could a Washington school district finish its AIDS curriculum after the school year began?
Yes. In 1990 the Attorney General said a district could finish its own curriculum after classes began, provided it developed and taught the required AIDS education at least once before that school…
Can the Texas Racing Commission regulate racetracks that don't have pari-mutuel betting, like small independent tracks, using the same authority it has over licensed pari-mutuel tracks?
No. The Attorney General concluded that the statute giving the Racing Commission power over non-pari-mutuel racetracks, V.T.C.S. article 179e-4, hands the commission that authority without any…
Could a Maryland county liquor board get around a state law banning beer-and-wine-only licenses by issuing a full liquor license with a no-liquor restriction attached?
The Attorney General concluded in 1990 that the Calvert County Board of License Commissioners could not issue a Class A beer, wine, and liquor license with a restriction removing the right to sell…
If the same name (or the same handwriting) shows up more than once on a petition for a local option liquor election in Texas, does every one of those signatures get thrown out, or just the extra copies?
The Attorney General concluded that every signature in a duplicate set is void, not just the later copies, so a voter can't preserve one valid signature by pointing to which one came first. The…
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.