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.
Did a city next to a weed district have to control designated weeds on private land in 1966?
Yes. The AG read the statute to require a contiguous city to control weeds named in the weed district’s formation petition on both private and public property, and said city funds could be used for…
Could Washington school districts charge residents tuition or require textbook purchases in 1966?
The AG said districts could not charge resident elementary or secondary students general or course tuition. Districts could loan free textbooks, and a first-class district had to do so when voters…
Did Washington counties and prosecutors pay secretary of state fees for motorist service and corporate records in 1966?
Yes. The AG said a county plaintiff paid the service fee when suing a nonresident motorist, and a prosecutor generally paid copying or certification fees for corporate documents. It preserved an…
Did a Washington road agency owe a second payment when it franchised utility use of a public-land right of way?
No, on the AG’s assumed facts. After the state highway department or county had paid all legally required compensation for a road right of way over public land, it could grant utility franchises for…
Could a Washington county auditor microfilm older land records and destroy the original recordings under 1966 law?
No. The AG said the 1959 amendment authorized microfilm as a method of recording new instruments, not retroactive rerecording of older recordings for destruction. The older property-title records…
Could a Washington justice court filiation warrant be served in another county under the 1961 court act?
The AG said a statewide warrant could be argued for when issued by a court operating under the 1961 justice court act, because the state Supreme Court had suggested that filiation process might be…
How would Washington’s proposed 1966 retired-homeowner tax exemption be allocated among taxing districts?
The AG said that, if voters approved the enabling amendment, the $50 exemption would be prorated across all state and local real property taxes due on an eligible residence. It would not fall solely…
Could residents of Washington federal reservations establish state voting residence in 1966?
Yes. The AG said a residence within Washington’s geographic boundaries could count for voting even where Congress held exclusive legislative power over the federal reservation. Individual voting…
Did annexing land to Spokane also require annexing it to Spokane’s school district in 1966?
No, under the facts the AG examined. The annexed land belonged to a second-class district with multiple elementary sites and junior and senior high schools. The city annexation did not require a…
Did a purchaser need a motor carrier permit when the seller paid it to haul purchased goods?
Yes, under the transaction described. The AG treated the seller’s direct payment of transportation charges to the purchaser driving its own vehicle as carriage for compensation. A single-shipper…
Which pension systems could cover paid firefighters in a mixed Washington city fire department in 1966?
The AG said full-time paid firefighters in a department with paid and volunteer members could not enter the general city employees’ retirement system. The city could, but was not required to, place…
In 1966 South Dakota, if a family lived 5.5 miles from the nearest grade school in their common school district but their elementary child instead attended an independent district 17 miles away (where their high school siblings went), did the common school district have to pay transportation or tuition for the elementary child?
It depended on whether the elementary child was officially assigned to a school. High school transportation was wholly discretionary. For the elementary child, the home district's obligation turned…
If a small incorporated town sits inside a larger township, can the county commissioners combine the town and the surrounding township into a single election precinct with one polling place, and does that require a 75% voter petition?
Yes, and no petition is needed. SDC 16.0801 made it the County Commission's mandatory duty to establish and adjust election precincts each year (with limited statutory exceptions). The 75% petition…
If a municipal election needed a runoff (a 'secondary' election between the top two candidates) because no candidate won a majority, could a voter who would not be in town on Election Day cast an absentee ballot in the runoff?
Yes. Secondary municipal elections in South Dakota were conducted in the same manner as the regular municipal election, and the general election laws (which already permitted absentee voting in…
When a juvenile delinquency or dependency hearing is held in one South Dakota county but the parents had been long-time welfare recipients of another county, which county pays the prosecution expenses, and can the welfare county reimburse the hearing county for those costs?
The county where the hearing was held bears the prosecution expenses, no matter where the parents had received welfare. And a county has no statutory authority to reimburse another county for those…
When South Dakota's 1966 Dairy Industry Marketing Act exempted nonprofit, charitable, religious, or educational institutions, did the exemption cover purchases by those institutions, sales by those institutions, and dealings with federal military bases?
Yes to all three. The exemption applied to processors and distributors selling to nonprofit institutions, to nonprofit institutions selling dairy products themselves, and to dealings with federal…
How far could Washington’s liquor board regulate liquor suppliers’ representatives under its 1966 authority?
The AG said the board could regulate liquor purchasing and obtain basic representative information, but could not rewrite statutes or impose the proposed broad political activity restrictions. Other…
If a 1960s South Dakota city built a nursing home with revenue bonds and the home could not cover operating costs from its revenues, could the city use general-fund money, special tax levies, or transfers from city-owned liquor store profits to keep it running?
Yes. The AG concluded a city could levy a special tax under the hospital/nursing-home statute or appropriate general-fund money for operations, even though the home was built with revenue bonds,…
Two questions on how the county auditor figures the 'average assessed valuation per acre' of agricultural land for the 12-mill school general fund cap. First: do we count the value of the buildings and other structures on the land, or just the raw acres? Second: do we use the full value of the land, or just the 60% that ends up taxable?
Structures count, and the 60% taxable value controls. SDC 57.0312 defined 'real property' for tax purposes to include 'the land itself... and all buildings, structures and improvements,' and Chapter…
Could a Washington school district use public money for election or general-public bulletins in 1966?
The AG said a school district lacked authority to pay for bulletins intended to influence a school election or to mail general school information to the public at large. It distinguished school…
Could Washington’s 1967 Legislature choose the site of a new four-year public college?
Yes. The AG said the 1967 Legislature could create a new four-year institution and choose its location based on state educational needs. An earlier legislative directive, even if one existed, would…
If the South Dakota voters approve a constitutional amendment letting the legislature treat 'agricultural property' as a separate class for school tax purposes, does that mean a farmer's household goods (furniture, appliances, personal items) also get classified as agricultural property under that classification?
Yes, with a qualification. The constitutional amendment (House Joint Resolution 6, Chapter 275 of the 1965 Session Laws) was designed to let the legislature treat 'all agricultural property,…
Could a Washington city require state-licensed insurance agents to get a local license for door-to-door solicitation?
Yes. The AG said a city or town could specifically require a local license for door-to-door insurance solicitation, even when the agent held a state insurance license. It did not decide whether any…
Would Washington’s proposed 1966 amendment make the retired homeowner property tax exemption effective without another law?
The AG said that, if voters approved H.J.R. No. 7, the contingent 1965 exemption statute would take effect without further legislation. It would cover the first $50 of eligible real property taxes…
Did Washington charge nonresident service members motor vehicle and house trailer excise tax in 1966?
The AG said federal law, as interpreted by the Supreme Court, let nonresident service members use valid home-state licenses or obtain Washington licenses without Washington’s vehicle or house…
How did Washington calculate a taxing district’s regular property tax levy limit under the 1965 law?
The AG said the added revenue from qualifying valuation growth used the previous year’s actual millage and assessment level. Losses in valuation offset qualifying growth; if losses exceeded growth,…
How could Washington settle an uncertain county boundary under the law discussed in 1966?
The AG said existing county surveys and court actions supplied legally sufficient procedures. It also said lawmakers could create a fact-finding or adjudicatory commission, but a final boundary…
Could a Washington legislative candidate file for a second numbered seat without withdrawing the first filing?
No. The 1966 Attorney General treated numbered seats as separate offices and said one candidate could not have two appearances on the primary ballot. A candidate could withdraw the first declaration…
Did Washington’s constitutional municipal debt limit apply to a chapter 86.09 flood control district in 1966?
No. The Attorney General concluded that a chapter 86.09 flood control district was not a municipal corporation for Article VIII, section 6. Its improvement work and assessments for specially…
Could a third-class Washington city assess abutting owners for a sidewalk along an in-city state highway?
Yes. The 1966 Attorney General said a third-class city could form a local improvement district and assess specially benefited abutting property for a sidewalk on the shoulder of a state highway…
When did a Washington telephone company need a local franchise to carry cable television in 1966?
A company with a qualifying telephone-line franchise did not need a second local franchise to carry community antenna television over those lines. Separate television-only facilities could require a…
Could a Washington city sell surplus airport land to a port district for industrial development in 1966?
Yes. The city could sell airport land no longer needed for aeronautic purposes, and the port could acquire and improve it for authorized industrial uses. Constitutional public-purpose and credit…
Did each Washington agency have to hold its own group health policy to pay employee premiums in 1966?
No. An agency could contract to pay toward a qualifying group policy held by another lawful policyholder if its employees were covered. State agencies and school districts faced the opinion’s…
Was wine-flavored fruit jelly exempt from Washington liquor law as a culinary product in 1966?
No culinary exemption applied to the jelly described. The Attorney General said it was not a beverage, but if its alcohol exceeded one percent by weight it was liquor regulated under the 1966 statute.
Did a discriminatory private club’s lease of Washington municipal property violate equal protection in 1966?
The Attorney General gave no categorical answer. Whether the club’s racial discrimination became state action depended on the full facts of the lease and the municipality’s involvement with the club.
In 1960s South Dakota, when a school district operated a kindergarten, was a kindergarten student treated as an elementary student for purposes of school bus transportation reimbursement?
Yes. The AG concluded that when a school district chose to operate a kindergarten, kindergarten students were treated as elementary students and were entitled to the same transportation privileges…
Can Hyde County levy a 1.5 mill 'courthouse, office, or jail building' tax to buy an existing privately owned building to use as a library, and if not, can the county commissioners buy the building anyway?
The 1.5 mill levy was off limits because libraries are not 'courthouses, offices, or jail buildings' within SDC 12.2303. But the commissioners could still buy the building using regular county funds…
Can a free shopper publication that contains only advertising and printed legal notices (no general news content and no paid subscribers) qualify as a 'newspaper' or a 'legal newspaper' under South Dakota law for purposes of publishing legal notices?
No. To be a 'legal newspaper' under SDC 1960 Supp. 65.0508, a weekly publication had to have bona fide paid circulation of at least 200 copies per week. A free shopper has no paid circulation. And…
Did changing county commissioner boundaries also change a matching Washington public utility district’s seats?
Yes. For a public utility district coextensive with its county, the 1966 Attorney General said new county commissioner district lines automatically changed the corresponding utility commissioner districts.
What sick leave and unemployment rules applied to Washington school district staff in 1966?
For sick leave under the law examined, a part-time employee was one not contracted for a full year; post-1963 hires had statutory minimum benefits. Districts could contribute to unemployment…
Can the South Dakota State Brand Board hire and pay the salary of a third livestock inspector to work alongside the SD Stock Grower's Association's existing inspectors, with the Association paying for the inspector's car and other expenses?
Yes. The Brand Board's authorizing statute, SDC 1960 Supp. 40.1201-2, lets the Board hire a chief inspector and up to two additional inspectors, contract with a nonprofit cooperative association of…
Did Washington paid firefighters’ longevity pay count toward pension contributions and benefits in 1966?
Yes. The Attorney General read the 1955 firefighter pension law to include longevity pay in basic salary for contributions, retirement, and disability benefits, whether or not that pay was attached…
Did a Washington school district need county land-use and building permits for a new school in 1966?
Generally no for the unincorporated county site considered. The district still had to submit the project to the planning agency for an advisory report; state construction aid could require local…
When South Dakota voters were going to vote on whether to incorporate a new sanitary district in the 1960s, who could vote, how was the voter list built, and could ballots be cast absentee?
Only qualified electors who actually resided inside the proposed district could vote (landowners alone could not). The 'voter list' was the census taken under SDC 1960 Supp. 45.3803, not the regular…
Does the South Dakota cooperative-association exemption from the wholesale dealer bond requirement also exempt out-of-state cooperatives doing business in South Dakota, and when does that exemption become available to a foreign cooperative that was already operating in SD before the 1965 Cooperative Act took effect?
Qualified no. A foreign cooperative that had been admitted to do business in SD before July 1, 1965 does not get the SDC 4.2402(3) cooperative exemption from the wholesale dealer bond until after…
Did Washington’s 40 percent turnout requirement for excess tax levies violate equal voting principles in 1966?
The Attorney General said no. In its 1966 analysis, the turnout threshold did not weight votes by a voter’s location or status, and a federal House quorum decision did not impose a conflicting rule…
Could a Washington county acquire extra road right of way for parking along the road in 1966?
Yes. The Attorney General said a county could acquire width for adjacent, contiguous parking when reasonably anticipated traffic congestion justified it. The opinion did not decide authority for a…
Could a fourth-class Washington county build a toll bridge or test tolls on an existing bridge in 1966?
No. The Attorney General said a fourth-class county could neither operate its own toll bridge nor impose temporary tolls as a feasibility test. The state toll bridge authority could build the…
Could Washington fire districts transfer territory without an election when enough area voters signed?
Yes. The 1966 Attorney General said a transfer between adjacent fire districts could proceed without an election when three-fifths of all qualified electors in the area signed the petition, despite…
What seniority and salary benefits followed a Washington teacher who changed districts in 1966?
The receiving district had to credit the transferring teacher under its rules for comparable status and service; a salary match followed where its schedule used those factors. Guaranteed benefits…
Which refuse haulers qualified for a Washington grandfather certificate under the 1961 law?
A carrier needed both permit authority and actual garbage or refuse collection business on July 1, 1961. A permit alone or business begun later did not qualify; nonincidental haulers needed a…
A nonresident had property in Clay County that was assessed and taxed, but the tax was never paid. He moved out of South Dakota. Can the county treasurer sue him under the long-arm statute, and can service be made by publication and certified mail instead of personal service?
The AG concluded the treasurer could bring the tax action under Chapter 163 of the 1965 Session Laws together with SDC 1960 Supp. 57.1026. On service, it quoted Section 3, which permits out-of-state…
When could Washington’s school superintendent advance a district’s state funds in 1966?
The superintendent could approve an emergency advance on a district petition if the emergency warranted it and funds were available. The advance was limited to five percent of the amount due to that…
Could Washington counties reimburse assessor staff for mileage and meals on official trips in 1966?
Yes, within the 1965 law’s terms. County commissioners could set reimbursement amounts by ordinance or resolution for employees’ necessary official travel, including mileage and meals; entitlement…
Who could vote in Washington flood control district elections involving community land or a land sale contract in 1966?
The AG said each otherwise eligible spouse holding benefited community land received the additional acreage votes, and both the seller and buyer under an ordinary real estate contract could vote if…
What pay comparisons did Washington’s personnel board have to use for classified state jobs in 1966?
The AG said the board had to survey prevailing pay in Washington private industry and comparable government work, including local, other state, and federal jobs. It did not have to survey every…
Could the first commissioners of a newly formed Washington port district receive meeting pay during their initial terms?
No. The AG concluded that even if the district adopted the required per diem plan, the first commissioners could not receive that compensation during their initial terms. The opinion distinguished…
Did Washington election officers need to name incumbent representatives beside numbered House positions after the 1965 redistricting?
No. For the 1966 election, the newly created districts and numbered positions had no incumbents to name. For later elections under that district plan, naming incumbents was permissible but not required.
Could a Washington hydroelectric license holder get a partial 1965 fee refund after a landslide shut down its project?
No. The AG concluded that the correctly calculated annual fee could not be partially refunded because the project became inoperable during the year. The proposed credit against the next year’s fee…
Did closed days count toward Washington’s marriage license waiting period in 1966, and could a deputy deliver the license at the sheriff’s office?
Yes. The AG counted all calendar days after filing, including days the auditor’s office was closed. Delivery at the sheriff’s office required a properly appointed deputy auditor and county…
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.