State AG Opinions
Free state attorney general opinions with plain-English summaries, full citations, and the original source on every page.
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Can a Texas legislator take a part-time teaching job at a state university if private donated funds pay the salary?
Only as an unpaid volunteer. JM-32 concluded a House member may volunteer as a part-time instructor without violating the constitution's bar on holding another position of profit; it did not approve a…
If a North Carolina professional house mover's $350,000 comprehensive general liability policy carries a rider excluding the act of moving a building, does the policy still satisfy the licensing requirements of G.S. 20-359.1?
No. The 1983 AG concluded that a CGL policy whose rider excludes liability arising during the movement of a building or structure fails to meet G.S. 20-359.1's licensing requirement. The exclusion gut…
On appeal of a driver's license probation-violation finding, can a Texas county court re-try whether the driver was a habitual traffic violator?
No. JM-31 concluded the trial de novo on a probation-violation appeal is limited to whether a probation condition was violated. The earlier findings that the driver was a habitual violator and that hi…
Could Texas fund telephone devices for the deaf through a surcharge on everyone's phone bills?
No, as drafted. JM-30 concluded House Bill 1002 was an unconstitutional grant of public money to individuals under article III, section 51 and article XVI, section 6 of the Texas Constitution.
Can a Texas city council choose a bank as its depository when most council members own stock in that bank?
No. JM-29 concluded a general law city council cannot enter a depository contract with a bank when a majority of council members are stockholders, because article 2529c bars stockholder-members from v…
Could a newly elected Maryland county treasurer fire the office employees hired by the previous treasurer?
In this 1983 opinion, the Maryland Attorney General concluded that a newly elected Cecil County Treasurer, as the statutory "appointing authority," generally had the power to dismiss employees appoint…
Does the Maryland Port Administration have to go through formal rulemaking before it can raise its tariff of charges at marine terminals?
In this 1983 opinion, the Maryland Attorney General concluded that a Maryland Port Administration tariff for marine terminal services was not a "rule" under the state Administrative Procedure Act, bec…
Did Maryland prosecutors have to prove a driver was actually driving unsafely to convict them of DUI, or was proof of intoxication itself enough?
In this 1983 opinion, the Maryland Attorney General concluded that proof of unsafe vehicle operation was not a required element of driving while intoxicated or driving while under the influence of alc…
Could Maryland's health department require asbestos removal contractors to meet an indoor air cleanliness standard in 1983?
In this 1983 opinion, the Maryland Attorney General concluded that the Department of Health and Mental Hygiene had statutory authority, under both the State Air Quality Act and the asbestos removal li…
Can the Texas Public Utility Counsel represent itself in court, and can the Attorney General represent it against the Public Utility Commission?
The public utility counsel may appear in court only if the Attorney General certifies he cannot represent it and permits it under his supervision. And the legislature may authorize the Attorney Genera…
After Travis County changed its fiscal year, how much of the 1983 pay raise could county officials actually get?
Only a pro-rata share. JM-27 concluded the raises were not invalid, but because the county moved its fiscal year, officials were entitled during the new fiscal year to only a pro-rata part of the 1983…
Can Texas require county treasurers to take continuing education and remove them for not completing it?
Yes. JM-26 concluded the legislature may require elected county treasurers to complete an annual course of instruction and may authorize their removal for failing to do so, consistent with article V, …
Can the Texas Legislature name who fills a new district judgeship it creates, and strip a district attorney of authority in one county?
No to naming the judge. JM-25 concluded a vacancy in a district judgeship must be filled by the governor's appointment, and the legislature cannot designate the person. But the legislature may divest …
Can the Southwest Collegiate Institute for the Deaf get state appropriations without the funding restrictions that bind public junior colleges?
Yes. JM-24 concluded the institute is not a 'public junior college,' so the section 130.003 restrictions do not apply. It may receive state appropriations and gifts as long as its board runs it in com…
When a sheriff's drug raid seizes cash that nobody at the scene will claim, and the cash never gets used as evidence at trial, who eventually gets the money — the county school board, or the state escheat fund?
The county school board. The AG concluded that NC's specific statute on law-enforcement-seized property (Article 2 of Chapter 15) controls over the general escheat statute (G.S. § 116B-19), even thoug…
Did Maryland police have to tell a drunk driving suspect every possible consequence of refusing a breath test, or just the basic penalty?
In this 1983 opinion, the Maryland Attorney General concluded that the standard police advice form, DR-15, which told a detained driver only that refusing a chemical alcohol test would result in a lic…
Could a small Maryland town invest its surplus municipal funds in a money market account?
In this 1983 opinion, the Maryland Attorney General concluded that a town could invest its public funds only in the specific vehicles Article 95, §22 of the Maryland Code authorized: certain federal g…
Could a Maryland circuit court clerk who lost re-election still get paid for the days they legally had to stay in office until their successor took over?
In this 1983 opinion, the Maryland Attorney General concluded that Article III, §35 of the Maryland Constitution, which bars extra or increased compensation for public officers, did not prevent a Cler…
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 under …
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 alcohol…
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 t…
When can DC parking enforcement officers (not police) write tickets, and what kinds of violations can they ticket?
DC Department of Transportation enforcement officers can ticket only parking-style infractions, defined as violations of laws regulating the parking, stopping, or standing of a vehicle. They can issue…
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 of…
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 sell…
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 unit…
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 a …
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 judgment…
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 self-insur…
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 balan…
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 own…
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 priva…
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 proper…
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 deposited …
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 cou…
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 "fiduciary" …
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 nati…
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 t…
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 rest…
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 o…
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 requiring …
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 ab…
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 not …
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 Appeal…
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 reti…
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 how …
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 C…
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 mortgag…
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 see…
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 quota…
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 Mary…
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 concluded that a Maryland municipality cannot adopt a blanket ordinance requiring every business and profession within its borders to obtain a local…
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 tha…
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, because …
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 mee…
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 state, …
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 aut…
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 past …
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 it…
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 appropriation …
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 co…
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