State AG Opinions
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If a Washington port elected two extra commissioners in a 1982 special election, when would their terms begin?
The AG said their terms would begin January 1, 1984, the next statutory start date for port commissioners, even if voters elected them in a 1982 special election. Their successors would be elected…
Can a Maryland county give one sport a much lower amusement tax rate than every other sport without violating equal protection?
In this 1982 opinion, the Maryland Attorney General concluded that a proposed Prince George's County ordinance temporarily taxing professional hockey admissions at 0.5% while keeping a 10% rate for…
Can the North Carolina Attorney General's Office act on behalf of counties under the Set-off Debt Collection Act to collect judgments against social services recipients?
No. The AG concluded N.C.G.S. § 105A-2(1)h made the Attorney General's Office a 'claimant agency' only for State agencies whose claims had been reduced to judgment. Counties were defined as claimant…
Who gets to keep the bank interest on state welfare funds handled by the Baltimore City Department of Social Services, the state or the city?
In this 1982 opinion, the Maryland Attorney General concluded that a State directive requiring local social services departments to deposit their funds in interest-bearing accounts and remit the…
Are the Maryland Legal Services Corporation's board members and staff bound by the state's public ethics law?
In this 1982 opinion, the Maryland Attorney General concluded that the newly created Maryland Legal Services Corporation, its board of directors, and its employees were not subject to the Maryland…
Does a Maryland tax evasion conviction disqualify someone from staying registered to vote or running for local office?
In this 1982 opinion, the Maryland Attorney General concluded that a conviction for willfully evading state income tax was an infamous crime under Article 33, section 3-4(c), which meant the…
Can a coastal North Carolina county like New Hanover regulate where floating homes can be located, how dense they can be, and how they can be built when those homes sit on public waters that border the county's shoreline?
Yes. The AG concluded that New Hanover County has authority under both its general zoning power (G.S. § 153A-340) and its land use plan under the Coastal Area Management Act to regulate floating…
Is a North Carolina restaurant's parking lot a 'public vehicular area' for purposes of the Motor Vehicle Code when the restaurant is closed for the night?
Yes. The AG concluded G.S. 20-4.01(32)'s 'public vehicular area' definition covers a restaurant parking lot whether the restaurant is open or closed. The statute does not condition coverage on…
Could a small Washington county make its prosecutor full time simply by announcing the rule before candidate filing?
No. The AG said commissioners in a fifth- through ninth-class county could not bind a future elected prosecutor to abandon private law practice by a pre-filing announcement. They could arrange a…
Can a Maryland farm owner keep clergy, lawyers, health workers, or other visitors away from migrant workers living in an employer-owned labor camp?
In this 1982 opinion, the Maryland Attorney General concluded that migrant farm workers residing in camps provided by farmers or growers had the legal right to receive guests, including clergy,…
When did Washington’s 1982 crime-victim penalty assessment apply to convictions, bail forfeitures, and juvenile diversion?
The AG read the 1982 assessment broadly for convictions, including county and city crimes and separate counts, subject to the statute’s motor-vehicle exceptions. Bail forfeiture had a narrower test,…
Can a Maryland second-mortgage lender charge the borrower for a title examination on top of a title insurance premium?
In this 1982 opinion, the Maryland Attorney General concluded that a savings and loan association making a secondary mortgage loan could require the borrower to pay for a title examination as part…
Can a Maryland charter county sell a county-owned building to a private buyer and then lease it back for continued government use?
In this 1982 opinion, the Maryland Attorney General concluded that Harford County could sell county-owned property to a private investor and lease it back long-term, because Article 25A, section…
When North Carolina paused new rest-home licensing in 1982 to slow the growth of institutional elder care, did that moratorium also block existing rest homes from getting relicensed when they changed owners or administrators?
No. The AG concluded that the moratorium's 'initial licensure' restriction applied only to new facilities or new beds, not to changes of ownership or administrator at an already-licensed facility.…
Can Maryland require a circuit court judge to actually live in a specific county, not just anywhere in the multi-county judicial circuit?
In this 1982 opinion, the Maryland Attorney General concluded that the statute requiring all resident judgeships allocated to the Prince George's County Circuit Court to be filled by actual…
Do North Carolina vocational-education instructors need a general contractor's license to supervise student construction of residential dwellings as a classroom project on school board property?
No. The AG concluded G.S. 87-1's general-contractor licensing requirement does not apply to vocational instructors supervising student-built residential dwellings on local school board property.…
Could an out-of-state lawyer represent a client in a Maryland health claims arbitration or other administrative hearing without being admitted to the Maryland Bar?
In this 1982 opinion, the Maryland Attorney General concluded that an out-of-state lawyer could not be specially admitted, pro hac vice or otherwise, to represent a client in the arbitration of a…
Could Washington county commissioners impose one personnel system on every county office in 1982?
For a noncharter county, the AG said commissioners could not unilaterally control hiring, promotion, suspension, and discharge across independently elected offices. They could set covered employees’…
An out-of-state corporation wants to build a pilot mining plant in South Dakota that mines about 5,000 tons of ore and affects one acre, just to test whether a full-scale operation makes economic sense. Should the pilot be permitted under SDCL 45-6B (the Mined Land Reclamation Act) or SDCL 45-6C (exploration)? And does the answer change if the pilot is larger?
Under SDCL 45-6B (mining), not 45-6C (exploration). The exploration definition expressly excludes development; the mining definition expressly includes development, and development expressly…
When could a Washington port district elect two additional commissioners under the 1982 law?
The AG read “next general election” as the November 1983 port district election, rather than the 1982 statewide election. The district could call an earlier special port election; a primary for a…
Are car-buying or referral services like AAA's car-buying program legal under Maryland's vehicle salesman licensing law?
In this 1982 opinion, the Maryland Attorney General concluded that car buying and referral services like United Buying Service, and a proposed AAA car-buying program, fall within the statutory…
Did a cash-out of unused leave raise a Washington public employer’s pension cost liability in 1982?
The AG said a lawful lump-sum payment for accrued annual leave could count toward a retiring employee’s pension calculation, within stated limits. It was not a salary increase that triggered the…
Can Maryland let a county pay for its own lawyer for the sheriff instead of using the Attorney General's office?
In this 1982 opinion, the Maryland Attorney General concluded that a bill letting Cecil County pay for a sheriff's attorney could still be constitutional, but only if it was administered as an…
Did Maryland's 1982 law letting charities raffle off real estate override the usual county permit and licensing rules for raffles?
In this 1982 opinion, the Maryland Attorney General approved House Bill 1885, which let bona fide charitable organizations raffle off real property, but warned the General Assembly that the bill's…
When two bills in the same legislative session both amend the same statute, does the second one signed cancel out the first?
In this 1982 opinion, the Maryland Attorney General advised Governor Harry Hughes that two racing bills, Senate Bill 1042 and Senate Bill 1043, which each amended the same takeout provision of…
Could Maryland let school principals search a student based on 'reasonable belief' instead of the stricter 'probable cause' standard?
In this 1982 opinion, the Maryland Attorney General approved House Bill 1514, which amended the Education Article to let a principal, assistant principal, or school security guard search a student…
Was it legal for Maryland veterinarians to euthanize dogs and cats with T-61 solution, or did that count as a banned 'curariform drug'?
In this 1982 opinion, the Maryland Attorney General concluded that T-61 Euthanasia Solution was not a prohibited 'curariform drug' under Article 27, §59A, even though one of its three components has…
Can a Maryland county require owners of existing, already-built swimming pools to add fencing after the fact?
In this 1982 opinion, the Maryland Attorney General concluded that Calvert County had the constitutional and statutory authority to require the fencing of swimming pools that were built or installed…
Can a public high school officially recognize a Christian student club, like the Fellowship of Christian Athletes, as a school organization?
In this 1982 opinion, the Maryland Attorney General concluded that while a public high school could let a religious student club use school facilities after hours like any other community group,…
In South Dakota, can the same person serve as both a county commissioner and a state legislator at the same time? And can a state legislator also sit on the South Dakota Veterans Commission?
The AG concluded that serving as both county commissioner and state legislator would create a conflict of interest because the legislator could vote on matters affecting county commissioner tenure…
Which extra assessments applied to Washington’s 1982 penalty for ignoring a traffic-infraction notice?
The Attorney General said the $25 failure-to-respond penalty was subject to the traffic safety education assessment. It was not subject to the criminal justice training assessment or the separate $5…
After North Carolina rewrote its alcoholic beverage laws in 1981, could the ABC Commission issue on-premises wine permits to Gastonia restaurants and hotels even though Gastonia voters had previously voted for ABC stores only (no on-premises wine)?
Yes. Under G.S. 18B-603(c)(2), the ABC Commission could issue on-premises and off-premises fortified and unfortified wine permits in Gastonia because it had approved ABC stores, regardless of an…
Some South Dakota rural water associations are private nonprofit tax-exempt organizations. Can they qualify as 'public or quasi-public agencies' eligible to receive federal surplus property under federal regulations?
No. Under federal regulations (41 CFR § 101-44.207), only state agencies, political subdivisions, instrumentalities created by interstate compact, multijurisdictional substate districts established…
Could Maryland make it a crime to publish material that defames a whole racial or religious group, like Nazi or Klan hate literature?
In this 1982 opinion, the Maryland Attorney General concluded that House Bill 1018, which would have made it a crime to knowingly and maliciously distribute written material that defamed the members…
Could Maryland have required every public school student to pray, read the Bible, or meditate each morning?
In this 1982 opinion, the Maryland Attorney General concluded that Senate Bill 2, which would have required every public school student to affirmatively choose to pray, read the Holy Scripture, or…
Can Maryland raise the pay of an election board member if the raise takes effect the same day their new term starts?
In this 1982 opinion, the Maryland Attorney General concluded that Article III, Section 35 of the Maryland Constitution, which bars changing a public officer's salary during their term of office,…
Can Maryland limit a charter county's ordinances from overriding a town's own home rule laws without amending the state constitution?
In this 1982 opinion, the Maryland Attorney General concluded that limiting how charter county ordinances apply to municipalities within that county does not require a constitutional amendment,…
Could Maryland have required public schools to give equal classroom time to creation-science and evolution?
In this 1982 opinion, the Maryland Attorney General concluded that House Bill 1078, which would have required public schools to give creation-science and evolution-science equal time, equal textbook…
If Maryland spouses jointly own a house, does a lender need both signatures to use the house as loan collateral?
In this 1982 opinion, the Maryland Attorney General concluded that no additional signature was needed for a borrower's solely owned property or individual share of jointly owned property. A…
Could Maryland's Governor issue a binding executive order setting statewide development policy that agencies had to follow?
In this 1982 opinion, the Maryland Attorney General concluded that the Governor had statutory authority under Article 41 to issue a proposed executive order setting statewide physical and economic…
May a North Carolina county adopt an ordinance regulating the method of trapping wildlife?
No. The AG concluded the General Assembly had preempted the entire field of wildlife regulation in G.S. 113-133.1, leaving only ordinances with 'minor and incidental' impact (such as a…
If a convicted Maryland official's felony conviction is reversed on appeal, are they owed back pay right away, or only once the appeal is completely final?
In this 1982 opinion, the Maryland Attorney General concluded that the 1979 payment of back pay to former Governor Marvin Mandel was lawful, because Article XV, Section 2 of the Maryland…
Did the 1981 amendment to North Carolina's interest-on-judgments statute, G.S. 24-5, allow clerks to assess interest on costs?
No. The AG concluded the 1981 amendment to G.S. 24-5 (Session Laws 1981, c. 327) was aimed at changing the accrual period for interest on compensatory damages in tort actions covered by liability…
Which Washington district court heard a criminal traffic charge when the nearest courthouse was in another district?
The Attorney General said the charge belonged in the justice court district where the alleged offense occurred under the 1961 Justice Court Act. A motor-vehicle provision pointing to a nearby…
Could a Maryland bank in 1980 raise the interest rate on an existing credit card balance after the state's usury ceiling went up?
In this 1982 opinion, the Maryland Attorney General concluded that a bank could raise the interest rate on a cardholder's existing credit card balance after Maryland raised its usury ceiling in…
Who could acquire or remove artwork from Washington’s Legislative Building in 1982?
The Attorney General said the Joint Legislative Arts Committee handled selection and acquisition, while the Department of General Administration controlled major works after acquisition. Either…
Who inspected electrical wiring installed by a Washington city for traffic lights and streetlights in 1982?
The Attorney General said the work required inspection even when the city installed it itself or hired a contractor. A state inspector handled it if the city lacked its own qualifying code;…
If a North Carolina business holds a federal firearms license and brings handguns into inventory for resale, does the business also need a sheriff's permit for each handgun, and what happens when a pawn shop owner pulls a handgun out of inventory for personal use?
No sheriff's permit is required to bring a handgun into a federally licensed dealer's or pawn shop's resale inventory. But once a handgun is removed from inventory and converted to the dealer's or…
When can a North Carolina sheriff deny a permit to possess a machine gun for scientific or experimental purposes, and does federal firearms registration override the state permit requirement?
The AG concluded a sheriff had wide discretion under G.S. 14-409. The sheriff had to satisfy himself the applicant fit within the statute's scientific-or-experimental exception and complied with any…
If Maryland closed or merged a state college, would it lose federal Land Grant Act funding, and what would happen to tenured faculty?
In this 1982 opinion, the Maryland Attorney General concluded that closing or consolidating a public college that received Morrill-Nelson land grant funding would not jeopardize the State's federal…
When a Maryland circuit judge's 15-year term expires and the judge holds over until retirement, when must the newly appointed successor run for election?
In this 1982 opinion, the Maryland Attorney General concluded that when a circuit court judge's 15-year term expired and the judge then held over in office under Article IV until reaching mandatory…
Could a Washington real estate agent prepare legal closing documents after the state Supreme Court’s escrow rulings?
The Attorney General said licensed agents could still perform the nonlegal closing tasks their licenses allowed. Their authority did not extend to selecting, completing, or drafting legal…
SDCL 46-5-6.4 lets the Department of Agriculture take water samples from wells to validate analyses submitted with irrigation permit applications. Does the Department's validation power continue after a permit has been approved or a water right has been acquired? And who pays for the validation sampling?
The validation power is ongoing. The Department can validate water samples both during the application process and afterward, including after a permit has been granted and even after a water right…
Does the 1981 dual-compensation rule in G.S. 135-72 cut off Uniform Judicial Retirement System benefits for North Carolina judges who had already retired and started serving as federal judges before the statute's October 9, 1981 effective date?
No. The AG concluded G.S. 135-72 (enacted by Chapter 978 of the 1981 Session Laws) used the future-oriented phrases 'members who are appointed' and 'should a retired former member be appointed,'…
Did a person living in a trust, guardianship or gift property count as a tenant under Washington’s 1981 smoke detector law?
The 1981 AG said occupancy by someone other than the title holder did not alone trigger the smoke detector requirement for landlord and tenant units. The occupant also had to have a rental agreement…
Can a North Carolina nonprofit raffle off a house or other real estate, and if so, who has to be licensed (the organization, the ticket sellers, real estate brokers), and is there a cap on how valuable the property can be?
Yes, an exempt nonprofit may raffle real estate. The $500 prize cap in G.S. § 14-292.1(g) covers cash raffle prizes only, leaving no statutory cap on real estate prize value. The exempt…
Could a Washington school district release graduating seniors five days early without losing state funding or holding an alternate program?
The 1981 AG said a district could release graduating seniors from attendance during the last five school days, whether graduation was early or later. It did not have to run a substitute…
Did Washington state agencies avoid filing architect and engineer contracts by using the 1981 qualifications-based selection process?
No. The AG said selecting an architect or engineer for qualifications and then negotiating price under the 1981 law was not competitive bidding under the filing exemption. Use of that selection…
Which community college rules could Washington's state college board set in 1981, and which decisions stayed with local trustees?
The AG said the state board could set instructional-day and credit standards, exclude repeat-course enrollments from state funding, and require curriculum changes needed for comprehensive programs.…
Could Washington legislators cancel raises scheduled during their current terms before the raise dates arrived?
The 1981 AG said lawmakers could not rescind future raises payable during their current terms when the law promising those raises had already taken effect before those terms began. It distinguished…
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