State AG Opinions
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Do Oregon county planning commission staff need a professional land surveyor license to survey land under ORS 215.080, and do the entry-on-land restrictions for licensed surveyors apply to them?
Commission staff who actually do work that meets the statutory definition of land surveying do need to be registered, unless one of the ORS 672.060 exemptions applies, including working under the…
Could South Carolina’s state law enforcement chief authorize local officers to investigate alcohol-license violations?
The Attorney General concluded in 2013 that SLED’s chief could expressly authorize local law enforcement officers to enforce alcohol laws and issue administrative citations, whether or not they also…
Can one red-light-camera hearing officer serve multiple Florida cities or counties at the same time?
The AG concluded no. The ex officio exemption in section 316.003(91) lets a local government use its own existing code enforcement board or special magistrate as the local hearing officer for…
Can one building official serve a city and a county at once under an interlocal agreement in Florida?
The AG concluded that an interlocal agreement under section 163.01 letting Lee County provide building code inspection and plan review for the Town of Fort Myers Beach would not violate Florida's…
How did South Carolina’s five-day shelter hold apply to an animal impounded just before closing?
The Attorney General concluded in 2013 that the day an animal entered a shelter did not count toward the five-day hold. Saturdays, Sundays, and holidays were excluded; in the opinion’s…
Does Connecticut's prevailing wage law apply to construction and renovation projects done by local housing authorities?
It depends. The AG concluded housing authorities are political subdivisions for prevailing wage purposes, but whether any given project is a 'public works project' triggers Conn. Gen. Stat. § 31-53…
Can Jellico or a Tennessee county using the 1981 financial management system sell surplus land privately?
Jellico may sell surplus land privately if it finds that method most advantageous and follows its charter's ordinance procedure. A county under the County Financial Management System of 1981 must…
Would repealing Maryland's old six-month rule for departing clerks and registers change who finished their work?
The Attorney General concluded that repealing Article 36, §§ 8 and 9 would not substantively change Maryland law. Later statutes had shifted responsibility for unfinished business to incoming clerks…
Did an industrial firm’s employee need a Louisiana engineering license for work done for its customers?
The AG concluded that industrial-firm employees could use the statutory engineering-license exemption for qualifying noncivil services performed on the firm's premises for customers or producing…
Who picks the chair of Connecticut's Board of Firearms Permit Examiners, the Board members or the Governor?
The Governor. The Connecticut AG concluded that Conn. Gen. Stat. § 4-9a, which gives the Governor authority to appoint the chairperson of executive branch boards and commissions, controls over the…
Can a city release employee names, resumes, job titles, and salaries in response to an Arkansas FOIA request?
Generally yes, based on the prior opinions referenced here. Although the Attorney General declined to rule on this specific city's request due to a procedural timing problem, the office pointed to…
Could both the seller and buyer be punished for a private firearm transfer that skipped a licensed dealer?
Yes. The Attorney General read the law requiring the parties to complete a firearm transfer through a licensed dealer as applying to both the person transferring the firearm and the person receiving…
How did South Carolina’s 2013 expungement rules treat youthful offender sentences and multiple convictions?
The Attorney General said youthful-offender eligibility alone was insufficient without a Youthful Offender Act sentence. It viewed multiple convictions sentenced at one appearance as consistent with…
Could a South Carolina police officer buy retirement service credit after applying before a retroactive 2013 amendment?
The Attorney General did not order the service-credit purchase. It said the officer had to rely on the retirement authority’s administrative decision unless the matter was litigated; a court might…
Do Tennessee school officials have to report it to the state when one student texts another a nude photo of themselves or someone else?
Probably yes, if the photo shows a child (under 18) and the nudity involves 'lascivious exhibition' of breast, genitals, buttocks, anus, or pubic or rectal area, and the official knows or has…
If a South Dakota high school student is suspended from sports for a drug conviction and reduces the suspension to 60 school days by completing a chemical-dependency assessment, do summer school days count toward those 60 days?
Yes. If the local school board has established a special summer school term and the student is enrolled in it, the days that instruction is provided count as 'school days' for the 60-day…
Could a South Carolina school board hold its superintendent’s evaluation in public at the superintendent’s request?
The Attorney General concluded in 2013 that the superintendent could not demand an open evaluation under the adversarial-hearing provision, because the annual evaluation was not such a hearing. The…
Could one person sit on South Carolina’s Commission on Higher Education and a local hospital board?
The Attorney General concluded in 2013 that both memberships were public offices, so serving on the state higher-education commission and a county hospital governing board at the same time would…
Did the revised 2013 Arkansas same-sex marriage amendment fix its ballot title problem?
No, not fully. Jennifer Pierce revised her earlier proposal (Opinion 2013-122) to address a gap the AG had flagged in Amendment 83, adding a line that 'Arkansas law shall recognize all marriages…
Did Glendale's two-year ban on city jobs for former council members prevent its former mayor from filling a vacant council seat?
The California AG read the charter's two-year restriction as aimed at other, non-elective city jobs, not a return to the council. It denied residents permission to sue to remove the appointee…
Did a Louisiana homeowner keep the homestead exemption after transferring the house to an LLC and retaining a usufruct?
The AG concluded that the described home was not eligible for the homestead exemption after transfer to an LLC, even though the former owner retained a usufruct and lived there. It said the…
If a Florida special district is dissolved, who is responsible for its pension liabilities?
Responding informally, the AG explained that under section 189.4045(2), unless a law or ordinance says otherwise, dissolving a special district transfers its property to the local general-purpose…
Why did Florida's Attorney General ask the Supreme Court to reject the 2014 medical marijuana ballot measure?
In this petition to the Florida Supreme Court, Attorney General Bondi argued that the ballot title and summary for a proposed medical marijuana constitutional amendment were misleading and should…
What does a Tennessee school district have to do to set up an online public school, and does the state Department of Education have to approve it?
An LEA can establish a virtual school by complying with the Virtual Public Schools Act: a Tennessee administrative office, enrollment cap of 1,500 (with exception for proven student growth),…
Could an Elgin police chief also be the town zoning administrator, or could a mayor hold another town office?
The Attorney General concluded in 2013 that police chief and zoning administrator were both public offices, so one person likely could not hold both. It also concluded that a mayor or council member…
What could South Carolina police release from a shared domestic-violence incident report after one arrestee’s charge was expunged?
The Attorney General concluded in 2013 that police should keep the shared report and redact only the information saying the person with the dismissed, expunged charge was arrested and charged. The…
Why did the Arkansas AG reject the ballot measure stripping limited liability from corporations that spend on elections?
The AG rejected it on several grounds. First, the submitted ballot title ended in an ellipsis and skipped whole sections, so it did not summarize the measure and he could not rewrite it 'out of…
Could Shreveport let deputies who were not POST-certified drive marshal vehicles home every day?
The AG concluded that daily take-home use of marshal-owned vehicles by non-POST-certified deputies was permissible only if the office could show a public purpose and a reasonable expectation of at…
Does UConn need approval from the General Assembly's joint committees, or wait until the legislature is out of session, to acquire or dispose of real estate?
No. The AG concluded that UConn's authority under Conn. Gen. Stat. § 4b-21(a) to handle real estate directly is not limited to recesses of the General Assembly and does not require joint-committee…
Does an Arkansas prosecutor have to be physically present every time a court accepts a guilty plea?
No, in the AG's view. Arkansas Rule of Criminal Procedure 24.3(d) bars a court from accepting a guilty or no-contest plea unless the prosecutor was given an 'opportunity to be heard,' but it does…
How does an Arkansas second-class city fill a council vacancy, and what are the rules on quorums and city funds?
The Attorney General answered a set of questions about second-class city government. A city cannot change the statutory rules for filling a council vacancy; doing so takes a majority of the…
Can a Tennessee county or city charge a tipping fee on recycling facilities or on businesses that grind wood waste into mulch?
No under the solid waste statutes analyzed here. The Act's tipping and disposal fees concern solid waste disposed at a facility, while recovered materials are not solid waste. The Solid Waste…
Can a Tennessee county apply zoning rules to a farmer's or farmworker's house on a working farm?
Generally no. Tenn. Code Ann. § 13-7-114 exempts farmer and farmworker housing on farm property from county zoning because it is incidental to the agricultural enterprise, unless the property is…
In Tennessee, who counts as a 'humane society' for animal cruelty enforcement, and can a humane society's agents arrest people or seize animals?
A qualifying humane society may incorporate under Tennessee's for-profit or nonprofit corporation laws, with its cruelty-prevention purpose shown in its charter or other organizing documents. Its…
What happens when a Louisiana police jury ties while appointing a public works director?
The AG said the Evangeline Parish Police Jury had to appoint its public works director by majority vote under the rules it followed. With no rule for breaking the tie, it should continue voting…
Can a Florida county stop vacation rentals in a neighborhood zoned for single-family homes?
The AG advised that because Flagler County had no ordinance regulating vacation rentals on or before June 1, 2011, section 509.032(7) preempts the field to the state and bars the county from…
When does Tennessee stop the state retirement benefits of an employee convicted of a felony arising from their job?
Benefits stop on a guilty verdict, a finding of guilt in a bench trial, or a guilty or nolo contendere plea, even before sentencing. Tenn. Code Ann. § 8-35-124(b)'s 'initial conviction' language…
Did filling an unfinished Slidell council term count against the charter's two-term limit?
The AG concluded that the three Slidell council members who first filled vacancies had not completed two full four-year terms. After their first full term, they remained eligible to run for a second…
Can a part-time police officer in Florida also work as a child protective investigator?
Offering general comments only, the AG noted that a paid police officer (full or part time) is an 'officer' for the constitutional dual office-holding ban. A delegation of the state's parens patriae…
Does Virginia's Attorney General have to recuse himself from investigating election-law violations in an election he is running in?
No, not as a categorical rule. The Constitution allows the Attorney General to run for re-election or for other office, and the 2013 amendments to § 24.2-104 gave the AG independent authority to…
Can someone serve on both the Roane County Election Commission and the Roane County Board of Public Utilities at the same time?
No. Tenn. Code Ann. § 2-1-112(a)(1) bars government employees from county election commissions. The AG found that the compensation paid to Roane County's utility board members made them county…
Was Plain Dealing's elected town marshal eligible for Louisiana municipal police retirement as a police chief?
Yes, on the facts supplied. The AG read Plain Dealing's amended special charter as making its elected town marshal the chief of police, and the marshal's stated pay exceeded the retirement system's…
Could a Louisiana hospital service district invest its general fund in stocks or stock mutual funds?
The AG concluded that a hospital service district could not use its public general-fund money to buy stocks, directly or through mutual funds. It viewed a 2013 statute as unconstitutional insofar as…
Did late tobacco-settlement payments follow the fiscal year received or the earlier year they related to?
The AG concluded that tobacco Master Settlement Agreement payments were allocated by the fiscal year the treasurer actually received them, regardless of the year they related to. Under the…
Which escrow and bond funds could Louisiana use for capital projects before and after a bond sale?
The AG said approved pre-sale lines of credit for bond-funded capital projects could draw on available money in the capital-outlay escrow account, subject to constitutional dedication and other…
Must Connecticut Fish and Game Constables complete POSTC police-officer training before they can carry firearms or perform their duties?
Yes. The AG declined to reconsider the 1993 opinion, concluding Fish and Game Constables under Conn. Gen. Stat. § 26-6a perform police functions and must complete POSTC training and certification,…
Does UConn need approval from Connecticut's Office of Policy and Management and State Properties Review Board before buying or selling real estate?
No. The AG read Conn. Gen. Stat. § 4b-21(a) (as amended by the UConn 2000 Act) to let UConn acquire or dispose of land directly, without OPM or SPRB preapproval, for any real estate transaction, not…
When does a Florida special district supervisor's seat become vacant for moving out of the district?
The AG could not give a definitive answer, because whether someone resides in the district is a mixed question of law and fact the office cannot resolve. As general guidance: a supervisor must be a…
Are personal political emails sent from a Louisiana public employee's work account public records?
Not automatically. The AG concluded that the specific personal emails were outside the Public Records Act because they were unrelated to housing-authority work, with no evidence of illegality or…
Can an Arkansas public school charge students fees or fines, and can it block enrollment for not paying?
The AG concluded that Arkansas' constitutional guarantee of free public schools bars any fee that would deny a child equal access to education, so tuition and registration fees for the standard…
Does an Arkansas volunteer fire department have to fight fires outside its coverage area for a neighboring city?
No. The Attorney General concluded that no Arkansas law requires a volunteer fire department to fight fires outside its coverage area unless it has agreed to. The rule runs both ways: neither a city…
Could a car manufacturer sell directly to South Carolina consumers online without a local dealership?
The Attorney General concluded in 2013 that a manufacturer could not sell cars directly to South Carolina consumers over the internet. The opinion read the dealer-franchise and licensing rules as…
Can a Virginia housing authority, IDA, or other political subdivision pay an employee's legal defense costs in a civil or criminal case arising from their job?
Yes. Va. Code § 15.2-1520 authorizes a locality 'or political subdivision of such locality' to retain counsel and defend employees, officers, board members, or commissioners in any legal proceeding…
Can a Virginia locality require a group home for people with disabilities to have only live-in staff to qualify as a single-family residence for zoning?
No. Va. Code § 15.2-2291 mandates that a facility for up to eight individuals with mental illness, intellectual disability, or developmental disabilities, with one or more resident counselors or…
Can a Virginia county sign a contract with another state to inspect locally-built modular buildings for that state's building code?
No. Under the Dillon Rule, Virginia counties have only those powers expressly granted by the General Assembly or necessarily implied. No statute authorizes a county to contract with another state to…
Can a Virginia county require a special use permit to dump off-site excavation soil and rock on a farm, even if the dirt is going to be used for an agricultural purpose?
Yes. The General Assembly amended Va. Code § 15.2-2288 in 2012 (ch. 455) to exempt off-farm-generated excavation material, waste, and debris from the agricultural-activities zoning exemption.…
Can a Virginia volunteer fire department ban a member from carrying a firearm at the firehouse, even if the member is a retired cop with a statutory exception to the concealed-carry ban?
Yes. The § 18.2-308(B)(7) exception for qualified retired law enforcement officers exempts them from prosecution under the state concealed-carry statute, but it does NOT give them an affirmative…
Can the Virginia Retirement System claw back pension overpayments when it later finds it miscalculated a cost-of-living increase?
Yes. VRS may recover overpayments resulting from the 2009 COLA miscalculation. Va. Code § 51.1-124.9(A)(1) authorizes correction of any benefit error and gives VRS flexibility in choosing the…
Can a Virginia locality limit uranium mining to certain zoning districts, set stricter pollution standards, require extra bonds, or hold miners liable for property value loss?
At the time of the opinion, no locality could regulate uranium mining because Virginia did not permit the activity. If the General Assembly authorized mining, zoning authority would depend on the…
Could a private humane society in South Carolina pick up roaming dogs without county authorization?
The Attorney General concluded in 2013 that a private humane society did not get general pickup authority merely from the dog-impoundment statute. Limited authority could arise through a court order…
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