State AG Opinions
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Can a West Virginia county accept private donations to digitize property and mineral records and extend courthouse hours, and does it have to use competitive bidding for the digitization?
The AG concluded that the county commission may accept private monetary donations for digitization or extended hours, as long as the donations are unsolicited and benefit the county as a whole…
Can Tennessee require home-schooled students to attend a Tennessee home school for two years before graduation to qualify for the HOPE scholarship?
Yes. The 2-year-Tennessee-home-school requirement in Tenn. Code Ann. § 49-4-902(23) is defensible against an equal protection challenge under rational basis review. Tennessee home schools are…
Could Louisiana’s plumbing board teach the continuing education classes it required for plumbers?
The AG concluded that the Louisiana State Plumbing Board could offer continuing education courses satisfying its licensing requirements. Board-sponsored classes still had to meet the substantive and…
Could a Louisiana public board count members on a telephone conference call toward its meeting quorum?
The AG concluded that a Louisiana public body could not count members joining by telephone toward a meeting quorum under the open meetings law it analyzed. The quorum had to be physically present.
Is Connecticut's Department of Housing a 'public housing agency' under federal law, so it can participate in federal public housing programs directly?
Yes. The Connecticut AG concluded that the Department of Housing meets the federal definition of 'public housing agency' under 42 U.S.C. § 1437a(b)(6) and can participate in programs authorized…
Can a Georgia city or county make the State follow its post-development stormwater rules and pay impact fees for state construction projects?
No on the regulation: the state and its agencies (including GSFIC and its construction projects) were not required to obtain post-development stormwater permits or to enter stormwater facility…
Could a private citizen prosecute a courtesy summons case in a South Carolina magistrate court?
The Attorney General concluded that a private citizen who was not a lawyer could not prosecute a courtesy summons case in magistrate court. It also declined to treat the officer who merely served…
Could Arkansas release a public employee's merit-raise percentage under FOIA when it revealed the employee's performance rating?
Yes. The AG classified a merit-raise percentage as a personnel record rather than an employee-evaluation record and found no FOIA basis to withhold it merely because it could be matched with other…
Did Little Rock's fire-assistance agreement with the National Park Service require Arkansas Attorney General approval?
No. The AG concluded that the memorandum was not an interlocal agreement requiring his review and approval. It appeared more in the nature of a contract for services than a joint undertaking under…
Did Arkansas Act 746 allow anyone to carry a handgun openly just by leaving their home county?
No. The AG interpreted Act 746's journey exception as applying to travel beyond a person's home county, not as a general open-carry law. He also concluded that the act generally did not permit…
Could a utility claim an easement across an Arkansas levee district's right-of-way or charge the district to relocate its poles?
A utility could hold a properly obtained easement across the same property only if it did not interfere with the levee district's existing rights. It could not gain the district's easement rights…
Could a South Carolina county reimburse council members for private health insurance or pay a member's college tuition?
The Attorney General concluded that a county could not reimburse a council member for separate health insurance or make a cash payment instead of contributing to a county group plan. It also…
Could the Town of Lexington sell Barr Pond without an appraisal or public bidding, and did it need an ordinance?
The Attorney General said a municipality needed an ordinance to sell or contract to sell land, but state law did not require an appraisal or public bidding. It could not determine whether…
Who in Tennessee can legally use flashing blue lights on a vehicle, and can funeral escort services run blue lights or sirens?
Full-time, salaried, uniformed law enforcement officers may use flashing blue lights on personal vehicles when their official duties so require, on or off duty. Reserve officers can use blue lights…
Can a Tennessee clinical lab pay an EHR software company to install software for a physician's office that refers specimens to the lab?
No, not for Tennessee physician practices. Tenn. Code Ann. § 68-29-129(7) prohibits implied or unearned remuneration to physicians who refer specimens, and paying a third-party EHR vendor on the…
Does Florida's Sunshine Law require a city commission to approve the final written employment contract at a public meeting if the terms were already approved publicly?
No. The AG concluded that the Sunshine Law does not require a town commission to present, consider, and re-approve a final drafted employment contract at a public meeting when the terms were already…
Did a South Carolina city council member need fuel receipts to receive travel reimbursement?
The Attorney General said a travel log showing the trip's purpose, destination, and mileage was appropriate documentation of a council member's actual travel expenses. Fuel receipts were prudent but…
When did South Carolina's Equal Access to the Ballot Act take effect after Shelby County ended the old preclearance formula?
The Attorney General concluded that the act's preclearance condition could no longer occur after Shelby County v. Holder. It therefore applied South Carolina's default rule and treated the act as…
Why did the Arkansas AG reject a proposed constitutional amendment ballot title ending hemp and marijuana prohibition?
The AG rejected the popular name and ballot title because the amendment's own text was too ambiguous to summarize accurately. It did not explain the legal effects of classifying cannabis in three…
Can Tennessee charge Shelby County drivers outside Memphis a fee to help pay for Memphis's vehicle emissions testing program?
TDEC and the Air Pollution Control Board have authority under Tenn. Code Ann. § 11-1-101(f) and § 68-201-105(a)(1)(A) to set fees for an emissions program. But charging non-Memphis Shelby County…
Can the Tennessee legislature extend the term of the Shelby County General Sessions Court Clerk so the election lines up with other Shelby County offices?
Yes, the General Assembly may extend the clerk's term by amending Chapter 123 of the 1941 Private Acts, but the amendment must be approved by either a two-thirds vote of the Shelby County Commission…
Are records in a Tennessee county mayor's office subject to the county public records commission, and what happens if someone destroys them without authorization?
Yes, records in the county mayor's office are public records under Tenn. Code Ann. § 10-7-403 and subject to the county public records commission. County offices may destroy public records without…
Could Louisiana sheriffs receive pay raises tied to judges’ salaries without a new sheriff salary law?
The AG concluded that a sheriff’s base salary could not rise above its June 30, 2010 level without legislation under the amended statute. A sheriff meeting the separate management training…
Does Texas have to pay hurricane claims that TWIA can't cover?
A House committee chair asked whether the State of Texas is legally obligated to pay windstorm and hail losses that exceed what the Texas Windstorm Insurance Association (TWIA) can pay. The AG…
Can a Texas water district make rules about weeds and illegal dumping?
State Senator Glenn Hegar asked whether a water control and improvement district (WCID) can adopt and enforce rules on weed control and illegal dumping. The AG concluded that a WCID has only the…
Can a private company pay a Texas county to fix specific roads?
A county auditor asked two questions about letting a private company fund repairs to specific county roads, where the construction company bills the county, the county passes the bill to the…
Can Texas deny housing tax-credit points for funding from a related party?
Senator Leticia Van de Putte asked whether the 2013 Qualified Allocation Plan that Texas's housing agency (TDHCA) uses to award low-income housing tax credits complied with Government Code section…
Does a Washington transit agency need a public vote to start a high-capacity transportation system if it isn't using the state's dedicated tax sources?
It depends on the committee structure. The AG concluded that voter approval of the system plan was only required if the transit agency participated in a 'joint regional policy committee', which…
Could a South Carolina municipality stay on a regional transit authority board after leaving its service area?
The Attorney General concluded that authority members and their board appointees had to come from municipalities and counties within the transit service area. It found no clear statutory procedure…
Can the Carroll County Watershed Authority issue refunding bonds to refinance its lake-project debt, and how much new debt can it issue?
The CCWA may issue bonds for capital projects related to developing Carroll County resources, capped at a $12 million total under Tenn. Code Ann. § 64-1-804(a)(7). It has no authority to issue…
Could a Monroe city council member also serve part-time on the G.B. Cooley hospital district board?
The AG concluded that Louisiana’s dual officeholding law did not prevent an elected Monroe city council member from also holding a part-time appointed seat on the G.B. Cooley Hospital Service…
Could a full-time Crowley fire captain serve part-time on an Acadia Parish fire district board?
The AG concluded that Louisiana’s dual officeholding law did not bar a full-time Crowley fire captain from serving part-time on a fire protection district board outside the city. It did not decide…
Could county election commission staff be county employees even though the commission hired and fired them?
The Attorney General said election commission staff could be considered county employees, with county funded positions and benefits, even though the county administrator and council lacked authority…
Can a Virginia driver be charged with reckless driving for using their cell phone even if the specific texting-while-driving statute does not apply?
Yes. As of July 1, 2013, HB 1907 made texting/emailing while driving a primary offense under § 46.2-1078.1. The reckless driving statute (Va. Code § 46.2-852) applies independently when the manner…
Can the Virginia General Assembly directly give state money to charities like Operation Smile or local free clinics, or does the state constitution block that?
Mixed. Article IV, § 16 of the Virginia Constitution bars the General Assembly from making 'any appropriation of public funds ... to any charitable institution which is not owned or controlled by…
Can a Virginia school board pay capital renovation costs for a regional Governor's School building owned by another county's school board?
No. The Loudoun County School Board has no general statutory authority to pay capital renovation costs for school property that is wholly owned and operated by another school board (here, the…
If a homeowner gives HUD a second mortgage that's subordinate to a previously-recorded first deed of trust, does Virginia recordation tax still have to be paid?
Yes. A subordinate mortgage giving a security interest to HUD is subject to Virginia state and local recordation taxes. The § 58.1-809 exemption applies only to truly supplemental writings that…
Does a Virginia inmate's jail sentence stop running when he's transported to another jurisdiction for a court appearance?
No. A Virginia jail sentence does not stop running (is not tolled) when the inmate is briefly transported to another jurisdiction to appear in court. The home jail must credit the inmate for all…
What happened to New Iberia's fire and police civil-service board after its police department closed?
The AG said New Iberia's fire and police civil-service system continued despite the police department's closure. The board remained a five-seat body, with the police employee seat vacant and a…
Is a BOCES staff member who investigates state test security breaches on behalf of the State Education Department covered by the state's defense-and-indemnification statute, even though the State doesn't pay them?
Yes. The AG concluded that a BOCES district superintendent's staff investigator, when designated as an integrity officer and conducting test security breach investigations under State Education…
Could the Jekyll Island Authority adopt a task force recommendation that would change how it measures Jekyll Island for the 65/35 development cap?
No, not as written. The Jekyll Island Authority did not have discretion to adopt the 65/35 Task Force recommendation to the extent it would have used measurement reference points other than Mean…
After a Florida lawsuit ends in a dismissal with prejudice, can a public board keep its closed-meeting transcripts secret because a related derivative claim was filed?
No. The AG concluded that a dismissal with prejudice is the conclusion of the litigation, so under section 286.011(8)(e) the transcripts of the board's closed strategy meetings become public record.…
What liability and insurance rules did the South Carolina AG identify for the Aiken County Commission for Higher Education?
The Attorney General treated the commission as a political subdivision whose tort claims were governed by the South Carolina Tort Claims Act. It declined to determine whether the commission was an…
Did the South Carolina AG decide whether a homeowners association violated its bylaws or voting rules?
No. The Attorney General declined to resolve the association's factual disputes or act as its private counsel. It referred some concerns to the office's civil section and explained that nonprofit…
Is a Florida county a 'public entity of the state' for purposes of a federal program like the FAA drone test-site selection?
The AG confirmed Hernando County's status as a Florida public entity and political subdivision. The letter says a county 'would appear' to fit the definition in paragraph 9.2.2.2 of the FAA…
Could South Carolina's Infrastructure Bank pledge future funding for the I-526 extension before it had additional bond capacity?
The Attorney General concluded that the State Infrastructure Bank could generally pledge future financial capacity toward the I-526 extension. It treated the board's action as a motion, not a…
Could Plaquemines transfer courthouse-district land after voters rejected the proposed parish-seat move?
The AG concluded that the district could not transfer its Railroad Property under the agreement because voter approval of a parish-seat move was a suspensive condition and had not occurred. The…
Could a California district attorney keep bad-check diversion processing fees in the office's own account?
No. The Attorney General concluded that processing fees collected by a district attorney's office for bad-check diversion were money received in an official capacity. The office had to account for…
In Virginia, can a doctor issue a Do Not Resuscitate order verbally, in person or by phone?
Not a Durable DNR Order. Virginia law defines that as a 'written physician's order' issued under § 54.1-2987.1. But a physician who is physically present with a patient in cardiac or respiratory…
Does letting agriculture happen 'by right' in a Rural Residential zone turn it into an agricultural zone under Virginia's Right to Farm Act?
No. The AG concluded that allowing agriculture as a 'by right' use in areas zoned Rural Residential did not create an 'agricultural district or classification' under § 3.2-301 of the Right to Farm…
Did Maine's 2013 AG opinion say the Legislature can pass a continuing resolution to keep state government funded if the Governor vetoes the budget and the Legislature can't override?
No. The AG's short answer was that the Maine Constitution and statutes neither authorize nor envision a continuing resolution or any similar federal-style mechanism. Because Maine requires a…
Could Ferriday's mayor refuse a special meeting called by most aldermen?
The AG concluded that a Lawrason Act mayor could not refuse a special meeting called by a majority of aldermen. If the mayor failed to perform a non-discretionary duty, the board could seek…
Could a South Carolina jailer keep North Carolina police certification without violating South Carolina's dual office rule?
The Attorney General concluded that South Carolina's constitutional ban on holding two public offices did not prevent a Class 2 jailer from retaining North Carolina law enforcement certification.…
Could an Aiken city council member observe police roll call or question city employees without going through the city manager?
The Attorney General said a council member could gather information for legislative work but could not interfere with the city manager's supervision of employees. It declined to decide whether this…
Who appointed Coushatta's police chief, clerk, and town attorney when its special charter was silent?
The AG concluded that Coushatta's mayor appointed the nonelected police chief, clerk, and attorney, subject to council approval, because the town's special charter was silent on those appointments.…
Can a civilian car in South Carolina display colored lights other than red, white, or amber?
The AG said there was no blanket ban on other colors, but a civilian vehicle could not possess or display a blue light visible from outside. Other lights remained subject to rules on color,…
Can South Carolina police ticket misuse of an accessible parking spot in an unsigned private lot?
Yes, if the spot is clearly designated for disabled drivers, the AG said. The lot need not carry a separate police-jurisdiction sign. Officers should generally use the uniform parking ticket, though…
Can Tennessee legally ban billboard advertising of alcohol in counties that vote dry, and what happens if a city inside a dry county votes wet?
Yes. Tenn. Comp. R. & Regs. 0100-03-.05(1), which bans sign and billboard advertising of alcohol in counties that have not legalized alcohol sales, survives First Amendment review under Central…
Can one person serve on Union County's alcohol-and-drug commission and the City of Union election commission?
No. The AG treated both seats as public offices and said holding them at the same time violated South Carolina's constitutional dual-office ban. It referred any separate State Ethics Act question to…
What happens when a town justice's term expires but no candidate was on the ballot to replace them? Can the town board appoint someone, or is a special election required?
The town board cannot appoint. The vacancy must be filled by a special election called by the Governor at his discretion, or by the next general election. The new justice's term begins January 1…
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