State AG Opinions
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Could a Washington employer make LEOFF Plan I employees pay the entire cost of medical insurance?
The Attorney General said no in 1983. An employer could pay all or part of a group medical insurance plan, but it could not shift the entire premium to covered LEOFF Plan I employees and still use…
Could Washington public hospital district commissioners raise their own daily pay during their current terms?
The Attorney General said no in 1983. Commissioners could adopt a higher daily rate under the amended statute, but a self-approved increase could take effect for each commissioner only at the start…
Could an individual Washington school district withdraw its employees from Social Security in 1983?
The Attorney General said no. At the time, Washington statutes required Social Security coverage for school employees in the public employees’ and teachers’ retirement systems, preventing an…
Could Washington voters use an initiative to ask Congress to call an Article V constitutional convention?
The Attorney General said yes in 1983. It reasoned that a state application under Article V had legal force and could be made through Washington’s reserved initiative power.
Could a Washington city council member also serve as a firefighter for a district that might annex the city?
The Attorney General said yes under the circumstances presented in 1983. A council seat and an ordinary paid or volunteer firefighter position in the adjacent district were not inherently…
Did Washington’s prevailing-wage law cover construction by a public housing authority even when federal money funded the project in 1983?
The Attorney General said housing-authority construction, alteration, repair, or improvement was covered if paid with state or municipal funds or if it created a contractor lien or charge against…
When a North Carolina precious-metals dealer is required to hold a purchased item for five days before sale or melting under G.S. § 66-170, exactly how do you count those five days, and does the count include or exclude weekends and holidays?
The five-day hold is counted under Rule 6(a) of the Rules of Civil Procedure. You exclude the day of purchase, exclude intermediate Saturdays, Sundays, and legal holidays (because the period is…
Would suspending a driver's license before a hearing, for refusing or failing an alcohol test, have violated due process under two bills the Maryland legislature was considering in 1983?
In this 1983 opinion, the Maryland Attorney General concluded that two then-pending bills authorizing administrative suspension of a driver's license, before a hearing, for refusing a chemical…
Were Washington university student services-and-activities fee committee meetings open to the public in 1983?
The Attorney General said yes. Although the committees made recommendations rather than final budgets, their statutory advice was a required step before university budget decisions, bringing their…
Can Maryland insurance companies charge women different rates than men, or does the state Equal Rights Amendment forbid that?
In this 1983 opinion, the Maryland Attorney General concluded that Maryland's Equal Rights Amendment applies only to sex discrimination by the State itself, or by private parties whose conduct is so…
When can DC parking enforcement officers (not police) write tickets, and what kinds of violations can they ticket?
Under the 1983 opinion, DOT officers could ticket excessive idling and an unattended running motor as parking infractions. They could also ticket missing DC tags, but for that infraction the vehicle…
Did a Maryland judicial candidate's five years of state residency have to be the five years right before their election or appointment?
In this 1983 opinion, the Maryland Attorney General concluded that the Maryland Constitution's five-year State residency requirement for judges could be satisfied by any continuous five-year period…
Could a Maryland county require landlords, instead of the county itself, to store an evicted tenant's belongings?
In this 1983 opinion, the Maryland Attorney General concluded that a charter county's home rule and police powers authorized it to enact an ordinance requiring a landlord to store, and eventually…
Could a Maryland court fix an error in a condominium's declaration or plat, like a wrong percentage share of common expenses, without every owner's consent?
In this 1983 opinion, the Maryland Attorney General concluded it was uncertain whether existing equity law let a court correct errors in a condominium declaration or plat, such as a miscalculated…
When residents petitioned to annex their neighborhood into a Maryland town, did they have to pay for the official metes and bounds survey?
In this 1983 opinion, the Maryland Attorney General concluded that residents petitioning to annex their area to a municipality had to provide only a reasonably definite description of the area, not…
If Maryland waives its sovereign immunity and loses a contract lawsuit, can the legislature still refuse to pay by cutting the judgment out of the budget?
In this 1983 opinion, the Maryland Attorney General concluded that although state law let courts enter contract judgments against Maryland and required the Governor to include funds for those…
Does DC's no-fault auto insurance law apply to cars owned by foreign diplomats, the DC government, WMATA, or the federal government?
Yes for all four. Each must show insurance or self-insurance to register their vehicles in DC. But for WMATA and the federal government, DC cannot demand more than a statement that they are…
Can a state legislature take back a petition asking Congress to call a constitutional convention, once it has already sent it?
In this 1983 opinion, the Maryland Attorney General concluded that the General Assembly could constitutionally withdraw its 1975 petition asking Congress to call a constitutional convention on a…
Did every officer of a corporation applying for a Maryland liquor license need to personally own stock in the company?
In this 1983 opinion, the Maryland Attorney General concluded that the individual officers who apply for an alcoholic beverages license on behalf of a corporation or club do not need to personally…
Could a criminal defendant in Maryland claim personal ownership of the trial transcript held by the Public Defender's office?
In this 1983 opinion, the Maryland Attorney General concluded that a trial transcript in the custody of the Public Defender was a public record under the Maryland Public Information Act, not the…
Can Maryland pass a law letting people picket, petition, or hand out flyers inside private shopping malls?
In this 1983 opinion, the Maryland Attorney General concluded that although the First Amendment itself does not give individuals a right to picket or petition on privately owned shopping center…
Can Maryland's legislature let federal block grant money bypass the state treasury and the normal budget process?
In this 1983 opinion, the Maryland Attorney General concluded that federal block grant funds received by the State are "moneys of the State" under the Maryland Constitution, so they must be…
Could a married Maryland woman get a driver's license back in her maiden name without going to court, even after being licensed under her husband's name?
In this 1983 opinion, the Maryland Attorney General concluded that a married woman who had adopted her husband's surname could later obtain a Maryland driver's license in her former name without a…
Can a Maryland trust company combine pension money it manages as trustee with money it only holds as an agent or custodian into one common investment fund?
In this 1983 opinion, the Maryland Attorney General overruled a 1965 opinion and concluded that a trust company acting as a managing agent or custodian for pension trustees is acting in a…
Could Maryland pass a hate crime law adding extra punishment for crimes motivated by racial, religious, or ethnic bias without violating the First Amendment?
In this 1983 opinion, the Maryland Attorney General concluded that a proposed bill imposing extra criminal penalties for otherwise-criminal acts committed because of a victim's race, religion, or…
South Dakota counties collect several revenue streams (bank franchise tax, rural electric tax, telephone tax, transient farmer tax, etc.) and pass them through to school districts. Some counties split the money across the school's General Fund, Capital Outlay Fund, Bond Redemption Fund, and Special Education Fund based on the current year's tax levy ratios. Other counties just credit everything to the General Fund. Which approach is correct?
General Fund only. None of the statutes governing these pass-through revenues directs the county to apportion the money across a school district's multiple funds. The county's only job is to deliver…
South Dakota's state investment officer invests state retirement funds. SDCL 4-5-14 prohibits members of the State Investment Council from benefitting directly or indirectly from any transaction made by the state investment officer. Does that conflict-of-interest rule disqualify a state employee from serving on the council, since strong investment returns improve the retirement fund the employee is also a member of?
No. The conflict rule in SDCL 4-5-14 was not intended to bar council members from the kind of diffuse, generalized benefit that a state employee gets when the retirement system performs well. The…
On a South Dakota Indian reservation, an electrical inspector found two people doing their own home wiring under SDCL 36-16-15's homeowner exemption: one was non-Indian, the other was Indian. The state requires a wiring certificate under ARSD 20:44:04:01(2). Both refused, saying the state had no jurisdiction on the reservation. Does the State Electrical Commission have jurisdiction over either?
Yes for the non-Indian, no for the Indian. State jurisdiction generally extends to non-Indians on reservation fee land for matters like electrical permits, so the state can require the non-Indian to…
Could Washington school districts give employees a 1982–83 raise before June 30, 1983?
Generally no. The AG said the 1982 appropriations limits delayed those raises until June 30, 1983, subject to stated statutory exclusions and qualifying pre-April 20, 1982 contracts, including older…
Could Maryland pass a law making a criminal defendant prove he was insane, instead of requiring the prosecution to prove he was sane?
In this 1982 opinion, the Maryland Attorney General concluded that it would be constitutional for the General Assembly to require a criminal defendant to prove his own insanity, rather than…
Can Maryland bar drug users from state jobs, or would that violate federal disability discrimination law?
In this 1982 opinion, the Maryland Attorney General concluded that the Secretary of Personnel had authority to screen State job applicants for illegal drug use and adopt a rule barring current drug…
Can a Maryland county require condominium boards to hold open meetings, or does the state Condominium Act preempt that kind of local rule?
In this 1982 opinion, the Maryland Attorney General concluded that a Montgomery County ordinance requiring open meetings and specific voting procedures for condominium councils of unit owners was…
When a Maryland historic district commission denies a building permit, how does the appeal process work and how much deference does the reviewing board owe the commission?
In this 1982 opinion, the Maryland Attorney General concluded that the Town of Easton's zoning ordinance, which routes appeals from the Historic District Commission first to the Board of Zoning…
Can a former Maryland state employee who already left the retirement system file late for disability retirement benefits?
In this 1982 opinion, the Maryland Attorney General concluded that only a current member of the Employees' Retirement System, or that member's department head, may apply for accidental disability…
Does changing how an office is filled, or giving it an across-the-board raise, stop a Maryland legislator from later being appointed to it?
In this 1982 opinion, the Maryland Attorney General concluded that a member of the General Assembly would remain eligible for appointment as Insurance Commissioner even if the legislature changed…
Can a Maryland county or town ban or restrict the sale and possession of handgun ammunition?
In this 1982 opinion, the Maryland Attorney General concluded that state law preempts local governments from regulating the possession or sale of handgun ammunition, so neither a proposed Montgomery…
Could a Washington charter county raise its council members’ salaries after they were elected?
No, for members who fixed their own pay. The AG said the state constitutional ban on increasing or decreasing their salaries after election or during their term applied to home rule charter counties too.
If an insurance company sells a Maryland mortgage to a bank, does the bank suddenly have to start paying interest on the escrow account?
In this 1982 opinion, the Maryland Attorney General reversed a 1975 AG opinion and concluded that when a lender exempt from Maryland's escrow-interest law, such as an insurance company, made a…
Could Maryland bill parents for their child's stay at a state psychiatric residential center (RICA) if the placement was for special education?
In this 1982 opinion, the Maryland Attorney General concluded that if a child was placed in a Regional Institute for Children and Adolescents (RICA) solely for educational reasons, the State could…
Could a Washington city lower its utility tax rate after the 1982 law’s November 1 deadline?
The AG said the annual reduction was required and could be compelled, but missing November 1 did not remove the city’s power to act. A rate change could not take effect until 60 days after the…
If a South Dakota school district advertises for bids on fuel oil and no supplier will offer a firm fixed price for the school year, may the district sign a continuing contract with one supplier under which the price is adjusted up or down each delivery to track the supplier's documented costs?
No. The school district cannot enter a continuing contract with renegotiable pricing. Under SDCL 5-18-9.2 the district may instead reject all bids and make sale-by-sale purchases via competitive…
Can a city government register its own promotional slogan as a trademark in Maryland?
In this 1982 opinion, the Maryland Attorney General concluded that Baltimore City, and governmental entities generally, qualify as "persons" eligible to register trade and service marks under the…
Can a Maryland town charge every business and profession a local license fee even if the state already licenses them?
In this 1982 opinion, the Maryland Attorney General warned that a blanket town ordinance requiring all businesses and professions to obtain a local license would likely be invalid as applied to many…
What local firearm restrictions did the Washington AG consider valid under 1982 law?
The AG said a blanket local handgun sale or possession ban conflicted with state law and that local regulation of handgun ammunition was preempted. It then viewed a location-specific firearms ban on…
Which initiative procedure governed an extra local sales tax in a Washington charter county in 1982?
Where county voters already had general initiative power, the AG said the special tax initiative had to follow the county’s own procedures. It read the law as an initiative allowing later voter…
Can a Maryland county charter let individual towns opt out of new county laws unless the town asks for them to apply?
In this 1982 opinion, the Maryland Attorney General concluded that a proposed Dorchester County Charter provision, making a countywide local law take effect in an incorporated municipality only if…
Could Maryland cap how much people or corporations give to committees supporting or opposing a ballot question?
In this 1982 opinion, the Maryland Attorney General concluded that Article 33's $2,500 limit on contributions to committees formed to support or defeat a ballot question was unconstitutional,…
Does a self-propelled golf cart driven on a North Carolina public highway require a license, liability insurance, and a safety inspection?
Yes to all three. The AG concluded a self-propelled golf cart used on the public highway was a 'motor vehicle' under G.S. 20-4.01(23). The driver needed at least a Class C license, the cart had to…
When a North Carolina court or county DSS sends a child to live with the child's parent, grandparent, or other relative who lives in another state, does the Interstate Compact on the Placement of Children apply, or is this kind of relative placement exempt?
The Compact applies. The AG concluded that when a NC court, government agency, or child-placing agency arranges to send a NC child to live with a parent, relative, or guardian in another party…
If a DC government employee wins a discrimination claim at the Office of Human Rights, can the OHR order the District to pay attorneys' fees and compensatory damages?
No. The Office of Human Rights cannot award attorneys' fees or compensatory damages in claims brought by DC employees against DC agencies. The Mayor's Order that governs those public-sector claims…
If a Maryland judge loses a primary election, how long can they keep serving on the bench afterward?
In this 1982 opinion, the Maryland Attorney General concluded that a Supreme Bench of Baltimore City judge who lost his bid for renomination at the primary election could continue holding office…
Who regulates septic systems in North Carolina after the 1981 Ground Absorption Sewage Act, and what happens to permits issued before the transition? Can a local health board write its own septic rules?
DHR (now DHHS) generally controls. Local boards of health that want their own septic rules normally need DHR approval, but they can adopt stricter rules without approval if local conditions justify…
Could Maryland's State Board for Community Colleges split a supplemental funding appropriation by a different formula than it uses for the regular annual budget?
In this 1982 opinion, the Maryland Attorney General concluded that the State Board for Community Colleges acted within its statutory discretion when it distributed a special legislative…
Could Washington sellers use a variable finance charge on a manufactured home installment sale in 1982?
Yes. The AG said a variable service charge was allowed if its maximum stayed within the applicable statutory ceiling; federal rules also supplied a way to disclose it.
Should land in Day County owned by South Dakota and managed by the Department of Game, Fish and Parks as a game production area be classified as 'agricultural' for property tax mill-levy purposes?
Yes. The state's game production land in Day County met all three criteria of the SDCL 10-6-31.3 agricultural-land test: it was actively grazed, hayed, and cultivated on roughly 30% of acreage; the…
Can Maryland change a county's boundary line by letting all voters citywide or countywide decide, or does only the area being transferred get a vote?
In this 1982 opinion, the Maryland Attorney General concluded that a proposed bill to let Takoma Park voters decide whether to unify the city into either Montgomery or Prince George's County was…
When South Dakota acquired the Milwaukee Road line from Rapid City to Mitchell in 1982 and took over the line's licensing agreements, can the state Division of Railroads charge a rural electric cooperative annual rent for utility line crossings, even though state law gives the co-op a right to cross publicly owned land?
Yes. SDCL 47-21-66 protects a co-op's right to construct and maintain lines across publicly owned land, but it does not require crossings to be free. SDCL 1-44-28 gives the Division of Railroads…
Could the DC Mayor obligate the District to pay interest on federal advances to its unemployment account in 1982?
Yes. The Corporation Counsel concluded the Mayor could obligate the District to pay the interest required on federal unemployment-account advances, provided the interest did not come from the…
Could a Maryland non-home-rule county set up its own deferred-compensation retirement plan for elected officials like commissioners and sheriffs?
In this 1982 opinion, the Maryland Attorney General concluded that Cecil County's Board of County Commissioners had no authority to adopt a deferred compensation plan funded by county-paid annuity…
Could Maryland lawyers pool small client trust funds into interest-bearing NOW accounts to fund legal aid without violating federal banking law?
In this 1982 opinion, the Maryland Attorney General concluded that lawyer trust accounts commingled under a new state law and dedicated to funding the Maryland Legal Services Corporation qualified…
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