State AG Opinions
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Can the Virginia Small Business Financing Authority issue refunding bonds to refinance bonds originally issued by a local industrial development authority?
Yes. VSBFA has broad statutory power to issue refunding bonds, and that power covers bonds originally issued by other authorities, public bodies, or political subdivisions, including industrial develo…
Can a Virginia coastal locality apply its local zoning rules to an offshore wind farm built in state waters?
No. Virginia localities cannot extend their land use ordinances to state-owned submerged lands. There are no 'applicable land use ordinances' for offshore wind projects in state waters, so DEQ can tre…
Can Illinois municipalities contract with private not-for-profit auxiliary police organizations for police services and let the corporations' members carry firearms and wear police uniforms?
The AG concluded that neither non-home-rule nor home rule Illinois municipalities can contract with private not-for-profit corporations, security firms, or other private business entities for the prov…
Are a government employee's private handwritten notes public records that the public can demand to see in Florida?
Not necessarily. Personal notes a public employee makes only to help remember things, that have not been transcribed or shown to anyone and were not meant to perpetuate, communicate, or formalize know…
Does a Florida city need voter approval to change how city council candidates run, such as requiring them to pick a numbered seat?
Yes. Requiring council candidates to designate which seat they seek changes the 'manner of election' of municipal officers. Under section 166.021(4), that kind of charter change must be approved by th…
Can a Florida school district ban smoking outdoors on its campuses with a tobacco-free policy?
No, not without legislative authorization. Florida's Clean Indoor Air Act preempts the regulation of smoking, indoor and outdoor, to the state. A school district's home-rule power does not overcome th…
Does a Florida state-created corporation have to adopt its bylaws through formal administrative rulemaking?
Generally no. Bylaws of the Florida Mobile Home Relocation Corporation usually need not be adopted as formal rules. But if a bylaw requires compliance, creates rights while adversely affecting others,…
If a Mexican national walks into an Illinois notary's office holding only a Mexican consular ID card, must the notary accept it for identification, or can the notary refuse and demand a U.S. driver's license?
The notary must accept it. The AG concluded that notaries are 'State officers' under § 10 of the Consular Identification Document Act (5 ILCS 230/10), so they must accept consular IDs that satisfy the…
Can a Tennessee county terminate its fire-protection contract with a non-profit volunteer fire department, and can a new county-wide fire department force existing private fire departments to shut down?
The AG concluded that a county could terminate a non-performing contract with a non-profit volunteer fire department (subject to the contract's own terms), but the termination did not by itself revoke…
If a local board member's term expires and nobody runs for the seat, is there a vacancy the county has to fill?
No. The expiration of a term of office is not on Florida's list of things that create a vacancy, so the sitting member holds over and keeps serving until a successor is elected and qualified. A true v…
Does Florida require the $20 Crime Stoppers court cost on every criminal conviction, or only when another fine is imposed?
On every criminal conviction. The 2010 Legislature rewrote section 938.06 so the $20 Crime Stoppers court cost is an independent, mandatory charge the clerk collects on any criminal conviction (includ…
Can a Florida school board pay out more than 60 days of accrued vacation leave for employees on contracts signed before July 2001?
It turns on when the contract was signed. The current 60-day cap in section 1012.65 applies to contracts entered after July 1, 2001, but the predecessor statute already capped terminal vacation pay at…
Can a county inspector general share a whistle-blower's confidential complaint with the county ethics commission?
Only for the limited purpose of carrying out a whistle-blower investigation. Because Palm Beach County designated both its inspector general and its ethics commission as officials authorized to receiv…
Can a Virginia county set a meals tax rate lower than the rate listed in the referendum ballot question, after voters approved the referendum?
Yes. A board of supervisors retains the discretion under § 58.1-3833 to set the meals tax rate after voters approve a referendum. The referendum is the consent to impose the tax; the rate, up to 4%, i…
Can a Tennessee charter county like Knox County amend a private act of the General Assembly just by passing an ordinance?
Not when the private act involves more than purely county affairs. The Tennessee AG concluded in 2010 that Knox County could not amend the 1983 Tennessee Technology Corridor Development Authority Act …
What does it take to refund a Virginia local tax after the commissioner of the revenue decides the original assessment was wrong?
The commissioner gives the board of supervisors a written certificate that the assessment was erroneous, and the county attorney consents. A board of equalization's order to reduce a real estate asses…
When Tennessee takes a DNA sample at arrest and the case doesn't end in a conviction, does the TBI have to destroy the DNA?
It depends on how the case ends. The Tennessee AG concluded in 2010 that the TBI must destroy a DNA sample only when 'the charge is dismissed or the defendant is acquitted at trial.' A nolle prosequi …
Does Tennessee's law requiring radar operators to be trained also block automated speed-camera photographs from being used as evidence?
No. The Tennessee AG concluded in 2010 that Tenn. Code Ann. § 24-7-124, which excludes radar evidence when the operating officer hasn't been trained to NHTSA or POST standards, applied only to devices…
Can a Washington county treasurer sweep the interest earned on county investment funds into the county's general (current expense) fund, or must the interest stay with the original fund it was earned on?
Yes, generally. RCW 36.29.020 lets the county treasurer move interest earned on county funds into the county current expense fund, because counties qualify as 'municipal corporations.' But three statu…
In Suffolk, when the Commissioner of the Revenue's real estate assessment duties are transferred to a city assessor, does the duty to seek court correction of erroneous assessments transfer too?
Yes, in the City of Suffolk. The Charter and the ordinance that created the assessor's office used broad language transferring 'all the duties' related to real estate assessment, so the § 58.1-3984(B)…
Can a public library district in Illinois run a raffle to raise money for a local charity, like a township food pantry?
No. The AG concluded that public library districts are 'special districts' under Article VII, Section 8 of the Illinois Constitution, with only those powers expressly granted by statute or necessarily…
Can a Delaware town committee hold private meetings to pick a new police chief and keep the applications secret?
Mixed result, the AG found. Smyrna's police-chief hiring subcommittee had violated FOIA's open-meetings rules (no notice, no minutes, no proper executive session), but the applications themselves stay…
Can a Florida community redevelopment agency sell or lease its property to a private developer?
Yes. In informal comments, the Attorney General's office explained that Part III of Chapter 163 (the Community Redevelopment Act of 1969) expressly authorizes a community redevelopment agency to sell …
If Idaho voters had passed the 2010 medical marijuana initiative, would patients still face federal prosecution for possessing marijuana?
The AG flagged a critical limitation: even if Idaho legalized medical marijuana under state law, federal law would continue to apply. Patients would still face federal Controlled Substances Act prosec…
Must the Texas Governor appoint an extra member to the Higher Education Coordinating Board?
The Attorney General concluded that the Governor did not have to appoint an additional member to the Texas Higher Education Coordinating Board for the September 1, 2011 to August 31, 2013 period. The …
Can a Texas workers' comp insurer pay below the fee guideline for prescription drugs?
The Attorney General concluded that Texas workers' compensation law (Labor Code sections 408.027, 408.028, and 413.011) sets no minimum rate that an insurance carrier must pay to reimburse a prescript…
Must a Virginia county enforce the Property Maintenance Code (Part III of the USBC) in a small town that adopted Part III but did not designate anyone to enforce it?
No. A county is required to enforce Parts I and II of the USBC in a small town that has not elected to enforce them, but is not required to enforce Part III (Property Maintenance) when the town has ad…
Can a Virginia county board of supervisors tell the school board where to build new schools and how to consolidate?
No. The school board has exclusive authority over school consolidation decisions. The board of supervisors can recommend a plan and decide how much to fund, but cannot direct the school board's consol…
Can Virginia lawyers enter reciprocal referral agreements with doctors or other lawyers under a proposed update to the ethics rules?
Not in their current form. The proposed amendment to Rule 7.2 would allow reciprocal referral agreements, but those agreements would still violate Virginia's criminal 'running and capping' statute, wh…
When Tennessee's insurance commissioner calculates a county mutual insurance company's compensation expense ratio, can the commissioner count the salary of an employee who lacks final underwriting authority?
The AG concluded that under the Commissioner's rule defining 'compensation expense ratio' (Tenn. Comp. R. & Regs. ch. 0780-1-78-.02(2)), the ratio includes compensation of any officer, director, emplo…
Is a city-owned airport hangar leased to a private company exempt from Texas property tax?
The Attorney General declined to answer the specific tax questions. Whether the City of Greenville's airport maintenance facilities, leased to the private contractor L-3, are exempt from property tax …
If there's no public sewer available, can a Virginia locality still require a developer to get a special exception under the zoning ordinance to install a VDH-approved alternative onsite septic system?
No. Section 15.2-2157(C) bars localities from prohibiting alternative onsite sewage systems where no sewer is available and the system has VDH approval. A special exception is effectively a power to p…
Can a Florida city pass an ordinance giving bidding preference to local contractors and businesses?
Generally yes. In informal comments to a legislator, the Attorney General's office explained that Florida municipalities have broad home rule powers and that a Florida appellate court has already uphe…
Can a Texarkana, Texas council member also be a paid firefighter across the line in Arkansas?
The Attorney General concluded that nothing in the two doctrines raised would generally bar a Texarkana, Texas city council member from also working as a paid firefighter for Texarkana, Arkansas. A ci…
Can a Texas residential appliance installer do electrical work on commercial pools?
The Attorney General concluded that a 'residential appliance installer' licensed under chapter 1305 of the Occupations Code may work only on residential pools, those installed as a unit in a single-fa…
Does county civil service protection cover a court investigator appointed by a probate judge in Texas?
The Attorney General concluded that a court investigator appointed by a statutory county probate judge IS covered by the Tarrant County civil service system. Chapter 158 of the Local Government Code m…
Can a Texas school district use free open-source textbooks to satisfy the state's classroom set requirement?
The Attorney General answered seven of the State Board of Education's eight questions about 2009 changes to the Education Code. The big points: a university 'open-source' textbook (a free, downloadabl…
When a quorum of a Washington city council shows up at a noticed standing-committee meeting, does that count as a separate council meeting needing its own special-meeting notice under the Open Public Meetings Act?
Yes, if the council members take action while at the committee meeting. A quorum's mere presence is not enough, but if the assembled council members deliberate, discuss, take testimony, or otherwise t…
When a Tennessee court reporter has a conflict of interest under Tenn. Code Ann. § 24-9-136, how quickly do they have to disclose it, and is disclosure at the deposition enough?
The AG read 'timely fashion' in Tenn. Code Ann. § 24-9-136(b)(1) to require that potential conflicts be brought to the parties' attention as soon as reasonably possible, by analogy to the recusal-timi…
How much can a Virginia sheriff charge for serving a writ of possession or fieri facias?
$25 for a writ of possession (with an extra $12 for each additional defendant), and $12 per person served for a writ of fieri facias.
When can a Virginia school principal or teacher search a student's cell phone, and what should they do if they find sexual images of a minor?
School staff may search a student's phone or laptop based on reasonable suspicion that the student is violating the law or school rules. If they find sexual images of a minor, they should stop showing…
Which 2010 Georgia misdemeanors did the Attorney General designate as fingerprintable?
Of 21 reviewed offenses, the AG designated 4: carrying weapons in unauthorized locations under § 16-11-127, scanning a driver's license without consent under § 40-5-120(5), causing serious injury thro…
Can the surviving spouse of a Texas officer killed in the line of duty buy health insurance if they had not enrolled before the death?
The Attorney General declined to decide this one. Chapter 615 of the Government Code lets an eligible surviving spouse 'purchase continued health insurance benefits' from the deceased officer's employ…
Does a Texas home-rule city have to pay impact fees charged by another local government?
The Attorney General concluded that a political subdivision, including a home-rule city, must pay impact fees imposed by another political subdivision under chapter 395 of the Local Government Code. T…
Who issues the final decision in Texas motor vehicle dealer cases, the DMV Board or the division director?
The Attorney General answered three questions from the new Texas Department of Motor Vehicles Board. First, the Board issues the final order in contested cases under Occupations Code chapter 2301 (the…
Can a Texas 4A economic development corporation use sales tax money to help an affordable housing nonprofit?
The Attorney General did not give a yes or no. A 4A (now 'Type A') economic development corporation can spend its sales tax revenue only on 'authorized projects' as defined in the Development Corporat…
Can a civilian police review board look at officers' personnel files in Texas?
The Attorney General did not give a yes or no. Local Government Code section 143.089(g) lets a police or fire department keep an internal personnel file 'for the department's use' and flatly bars rele…
Must a Texas county attorney represent the county ethics commission, or can it hire its own lawyer?
The Attorney General concluded that the El Paso County Attorney is required by Local Government Code section 161.061 to represent the El Paso County Ethics Commission in all legal matters, and that hi…
Can a Virginia sheriff serve truancy meeting notices on parents at the school's request, without a court order?
Yes. A sheriff can assist a school division with enforcing compulsory attendance laws by serving notice of a truancy meeting on a parent or custodian, as long as the school board, division superintend…
Can a Tennessee county or city ban beer sales through a drive-through window or curb service?
Counties outside metropolitan governments (Class A counties) cannot. Cities, towns, and metropolitan-government counties (Class B counties) can ban drive-through beer sales. The Tennessee AG concluded…
Did a Delaware high school athletic association violate open-meetings law by giving only one day's notice of a special board meeting?
No, the AG found. DIAA's posted notice listed the wrong date, but state records confirmed it actually went up on the website 24 hours before the meeting as FOIA requires, and DIAA's boilerplate explan…
Can Delaware's public records law reach University of Delaware research records if state money didn't pay for the project itself?
No, the AG found. University of Delaware records are public only if they relate to the expenditure of public funds, and because no state or local funds paid for the Lewes wind turbine project itself, …
Does a Virginia emergency vehicle driver always have to use both lights and a siren to qualify for the exemption from traffic-law prosecution?
No. The driver only has to use the lights or siren 'as may be reasonably necessary.' Both phrases are modified by that qualifier, so neither is mandatory in every circumstance.
Can a Virginia driver's license be issued, kept, or canceled based on someone's federal Employment Authorization Document?
DMV gets to decide whether the EAD alone counts as proof of lawful status (it can refuse it). Once a license is issued, DMV cannot cancel it based on later deportation, but at renewal it can require n…
Can a long-serving Virginia town attorney who worked under a contract be enrolled in the state retirement system as a retirement honor?
No. The town attorney served as an independent contractor, not an employee or officer, so he is ineligible for VRS benefits even with the town council's blessing.
Can a Virginia board of supervisors reduce a school board appropriation it has already made, by passing a later budget amendment?
No. Once a county board of supervisors actually appropriates funds to the school board (as opposed to merely adopting a budget), it cannot unilaterally reduce that appropriation. The school board cont…
Does a city have to follow CRA public-notice rules to lease city land that sits in a redevelopment area but was bought for other reasons?
No. The 30-day public-notice procedure in section 163.380(3)(a) applies to property acquired for community redevelopment. It does not reach city-owned land that happens to sit inside a redevelopment a…
Could the Tennessee legislature give the Court of the Judiciary the power to dock a misbehaving judge's pay or fine the judge up to $25,000?
No to both. The Tennessee AG concluded in 2010 that either change would run into Article VI, Section 7 of the Tennessee Constitution, which requires judicial compensation to be 'ascertained by law' an…
Under the 2010 NC public-records amendments, what salary, promotion, and disciplinary-dismissal records do public employers have to keep open for inspection, and do they have to dig up information from before October 1, 2010?
Public employers must now keep open for inspection each employee's full salary and position-classification history with that employer, plus a general description of the reasons for each promotion. For…
How are vacancies filled on a multicounty water control district board, by appointment or by special election?
Apparently by special election. After a 2009 amendment, the East County Water Control District's act says vacancies are filled under section 189.405(3)(a), which routes the popularly elected board to …
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