State AG Opinions
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Does a Virginia concealed handgun permit require a firearms training course taught by a Virginia-certified instructor, or does any state's certification count?
Any state. The phrase 'state-certified' in Va. Code § 18.2-308(G)(7) and (P1)(7) refers to a firearms instructor certified by any state in the United States, not just by Virginia. The statute does…
Can Virginia police or sheriffs ticket cyclists who blow through stop signs on the W&OD Trail?
Yes, but with a catch. If the Northern Virginia Regional Park Authority has properly adopted stop signs on the Washington & Old Dominion Trail as a rule or regulation under the Virginia Park…
Can Charlottesville reserve city parking for fuel-efficient vehicles?
Yes. The AG concluded that the City of Charlottesville could lawfully erect signs on city-owned property reserving parking spaces for 'Low Emitting/Fuel Efficient Vehicles Only,' under its general…
How must Virginia counties spend transient occupancy tax revenue above 2%, and who must they consult?
Counties listed in § 58.1-3819 (Wythe and similar) had to spend any transient occupancy tax above 2% on tourism, attracting travelers, increasing lodging occupancy, and generating tourism revenue,…
Did a Louisiana pharmacy benefit manager have to show the ten-cent provider fee separately on pharmacy remittance advice?
The AG concluded that remittance advice from a health insurer or its agent had to clearly identify the ten-cent prescription provider fee. That requirement extended to a pharmacy benefit manager…
Can a South Carolina county keep all money collected for violations of its ordinances?
The county generally keeps the criminal fine itself, the AG said. It must still distribute any additional court assessments and surcharges as the statutes require, including amounts owed to the state.
Could California loan off-highway vehicle trust money to its General Fund and redirect future fuel-tax revenue?
The Attorney General said the Legislature could temporarily loan trust-fund principal to a depleted General Fund if the off-highway program's core work continued and the loan was promptly repaid. It…
Could Maine limit General Assistance eligibility for undocumented immigrants in 2013?
A 2013 Maine Assistant Attorney General memo said Maine probably had no obligation to provide General Assistance to undocumented immigrants and could consider adding a qualified-alien eligibility…
Was the Marion County sheriff responsible for inmates in a county prison camp run by the county administrator?
On the facts provided, the AG said responsibility for those inmates rested with the county administrator, not the sheriff. The county had transferred its detention center to the sheriff but left the…
Can a West Virginia county business development authority use coalbed methane severance tax money to renovate a building that will serve as its headquarters?
Yes, with county commission approval. The AG concluded that renovating the Clay County Business Development Authority's headquarters and meeting facility falls within the permissible statutory uses…
What ballot title did the Arkansas AG approve for the 2013 Health Care Independence Act referendum?
The AG accepted the sponsor's popular name but replaced the proposed ballot title with a detailed description of how a vote would approve or repeal the act, who qualified for premium assistance, how…
Who starts a Tennessee deannexation vote, and do residents have a state constitutional right to demand one?
Under Tenn. Code Ann. § 6-51-202, only the city or town legislative body can start a deannexation referendum, and it must do so by ordinance. The general charter-referendum provisions in § 2-5-151…
Could a South Carolina nonprofit water company give only residential customers one free month?
The AG did not decide. It said the Office of Regulatory Staff should address the question first because that office investigates public-interest utility complaints and the AG deferred to the…
Can a Tennessee city or county buy used equipment from a private seller without bidding, using Craigslist prices to set value?
No. The AG concluded a website listing of similar used items is not a 'nationally recognized publication' establishing fair market value under Tenn. Code Ann. § 12-3-1003(b). To purchase used or…
Can Texas Medical Board investigators carry a concealed handgun on the job?
The Texas Medical Board asked whether it could let its investigators who hold a concealed handgun license (CHL) carry a concealed handgun while on duty without exposing the Board to liability. The…
Can a South Carolina real estate agent collect a commission after giving up their license during negotiations?
The AG said no for the transaction described: the agent relinquished the license before the real-estate sale contract was signed, and payment of a commission would conflict with the licensing law.…
Could an Arkansas city release an employee's individual pension amount under the Freedom of Information Act?
Probably not on the facts presented. The AG classified an employee's individual pension amount as a personnel record and concluded that the employee's financial privacy likely outweighed the…
Is a municipal electric energy cooperative like CMEEC a political subdivision of Connecticut, so its records fall under the state records management program?
Yes. The AG concluded that municipal electric energy cooperatives like CMEEC are political subdivisions for Conn. Gen. Stat. § 11-8 purposes, so the State Librarian's records management and…
Can a Florida city charge its public service tax on natural gas a customer buys from a supplier outside the city limits?
No, not on these facts. The AG concluded that the public service tax in section 166.231 applies only to purchases made within the municipality, so Leesburg could not tax its charge for transporting…
May a South Carolina city council member also work as a licensed bail bondsman?
The AG said the cited surety ban did not include city council members, so it did not itself bar the dual role. The insurance agency could regulate the bondsman license but could not remove an…
Can prosecutors use a roadside breathalyzer result to prove underage drinking, public intoxication, or alcohol use by an interdicted person?
Yes, with conditions. The statutory ban on preliminary breath test (PBT) results applies only to certain DUI prosecutions under § 18.2-267(E). For underage possession of alcohol (§ 4.1-305),…
Can a Florida industrial development authority sign contracts to promote economic development without financing a project?
Yes. The AG concluded that section 159.46 gives an industrial development authority a separate statutory purpose of fostering county economic development, so it may enter contracts toward that goal…
Does Tennessee's lower 53-cent 911 fee for prepaid wireless apply to unlimited monthly plans, or does the full $1.00 charge apply?
The full $1.00 charge applies. The AG concluded an unlimited prepaid plan (flat monthly fee, no declining-balance feature) does not qualify as 'prepaid wireless telecommunications service' under…
Is a Florida fire district created by county ordinance subject to the Independent Special Fire Control District Act?
No. The AG concluded that the Okaloosa Island Fire District, because it was created by county ordinance rather than by special act or general law of local application, does not meet Chapter 191's…
Does Florida's 20-week cap on government severance pay apply to a county port authority?
Yes. The AG concluded that the Seminole County Port Authority, a dependent special district, is a 'unit of government' under section 215.425, so employment contracts it signed after July 1, 2011 are…
Can an apartment manager ban a tenant’s invited guest from an entire South Carolina apartment complex?
The AG said owners and managers generally could issue trespass notices, but predicted that a tenant’s legitimate guest could pass through common areas needed to reach the tenant’s home. A guest who…
Can Tennessee pre-need funeral sellers combine their individual trusts into one statewide trust fund?
No. The AG concluded the Tennessee Prepaid Funeral Benefits Act (Tenn. Code Ann. §§ 62-5-401 to -417) requires each pre-need seller to establish its own trust fund. The Act permits a seller to…
Did an imitation-drug felony count as a drug felony for South Carolina SNAP eligibility in 2013?
The AG concluded it was likely the legislature intended imitation-controlled-substance convictions to count for the SNAP drug-felony exclusion, given the federal agency’s stated flexibility for…
Can a Florida city buy equipment for an employee to test private technology the employee owns?
The AG's office declined to decide. It explained that whether spending city money this way serves a valid municipal purpose under Article VII, section 10 of the Florida Constitution is a factual…
When could South Carolina police keep or return a firearm seized in a weapons case in 2013?
The AG said forfeiture under the two weapons offenses it examined depended on a conviction. Without one, the weapon generally should be returned to its owner or the person from whom it was seized; a…
Could Evangeline Parish give $15,000 in tax money to its recreation district?
The AG said the police jury could not simply donate $15,000 to the recreation district. The two public bodies could enter a qualifying cooperative endeavor agreement with an expected equivalent…
Can a Texas county treat a rental cabin development as a subdivision?
Wilson County asked whether it could regulate, as a subdivision, the partition of land into individual cabin-rental tracts in the unincorporated part of the county (a setup in the Eagle Ford Shale…
Can a Virginia city's police department run an undercover business to catch cigarette traffickers, and what happens to the money the operation generates?
Yes, Hampton's police department can run a churning operation (an undercover business that 'churns' its own revenue to fund continuing investigation) under the city's general police powers in Va.…
How did Arkansas local firefighter pension funds calculate salary, benefit increases, and payments during insolvency?
Recurring pay for added duties could count as salary if the facts showed it was part of regular compensation. Local boards could set benefits above statutory minimums with state approval, but an…
What police and public-safety costs could Slidell pay with its dedicated sales tax?
The AG interpreted the tax dedication to cover police protection and public safety as described in the voter proposition. It declined to decide whether specific city court, animal-control,…
When did the delayed College of Charleston trustee terms begin after the 2013 election?
The AG concluded that the existing seat terms began July 1, 2012 despite delayed elections in May 2013. Incumbents could serve until successors qualified, and those successors would serve the…
Could Columbia set its own fines for violations of South Carolina traffic laws?
The AG concluded Columbia could not adopt the proposed ordinance, which copied state traffic offenses and set a flat fine range. It said the different penalty range conflicted with state law, and…
Did Tennessee's 2013 parking-area firearms law prevent an employer from firing an at-will employee for bringing a gun onto its property?
No. The AG concluded Chapter 16 created a limited exception to certain criminal prohibitions for permit holders, but did not alter the employment relationship or bar termination for possessing a…
Who collected a forfeited commercial surety bond in a Louisiana criminal case?
The AG concluded that the prosecuting attorney for the jurisdiction where a commercial surety bond was posted had to collect covered bond-forfeiture judgments, not the clerk of court. A separate…
What is the $20 fee for unpaid county fines on Texas vehicle registration?
The Office of Court Administration asked seven questions about how to apply Transportation Code section 502.010 after two different 2011 bills amended it, one of which simply reenacted the whole…
Could Greenwood County charge an annual Lake Greenwood dock-permit fee in 2013?
The AG said cited federal-license and state-law authority likely allowed the county’s annual dock-permit fee. It also said a reasonable encroachment agreement was likely permissible as part of…
When did Arkansas laws passed in 2013 take effect if they had no emergency clause or stated effective date?
They took effect on August 16, 2013. The AG counted 90 full days beginning with the first day after the General Assembly adjourned, making the acts effective on the 91st day.
Why did the Arkansas AG reject a proposed referendum ballot title for the Health Care Independence Act of 2013?
The AG accepted the proposed popular name but rejected the ballot title. It emphasized general policy language while omitting major substantive features, including the act's relationship to federal…
Must an Arkansas law school disclose student transcripts or grades under the Freedom of Information Act?
No, a law school was not required to redact transcripts down to isolated letter grades for a public requester. FERPA permitted unredacted faculty access only when the school determined that the…
Which Arkansas public bodies and employee fraud losses were covered by the state's Self-Insured Fidelity Bond Program?
The AG declined to give a universal coverage test without facts about a particular entity. The opinion explained that the program protected the state, counties, municipalities, and school districts…
Could the Kentucky Parole Board chair set rotating panel assignments without a board vote?
The Kentucky AG concluded in 2013 that the full Parole Board had to act to establish a policy for rotating panel assignments. The board could delegate implementation of an approved schedule to its chair.
Why did the Arkansas AG reject the 2013 medical-marijuana initiative's proposed ballot title?
The AG rejected the popular name and ballot title because ambiguities in the proposed act made an accurate voter summary impossible. The text appeared to permit patients to grow marijuana while also…
Can members of an Arkansas city advertising and promotion commission keep serving after their terms expire?
Yes, temporarily. The AG concluded that the expired seats were vacant and could be filled, but the incumbents were de facto officers who could continue serving, with valid and enforceable actions,…
Does Tennessee's 2004 Anti-Rabies Law override Wilson County's 1980 private act that taxes domestic animals to fund the local humane association?
No. The AG concluded the Tennessee Anti-Rabies Law (Tenn. Code Ann. §§ 68-8-101 to -113) did not repeal or supersede Wilson County's 1980 Private Act 242 because the two laws serve different…
Can an Arkansas records custodian withhold a fired employee's evaluation records because no obvious reason for disclosure appears?
The AG could not decide whether withholding the terminated employee's evaluation records complied with Arkansas FOIA. The county's letters omitted facts needed to assess compelling public interest;…
Could LaMATS audit records when it collected local insurance premium taxes for a Louisiana parish or municipality?
The AG concluded that LaMATS had the local government’s tax collection authority, including access to necessary local tax information for audits, once the local government adopted the tax ordinance…
Did an Anne Arundel school board member seeking a second term need nomination, appointment, and a retention vote?
The Attorney General concluded that an incumbent seeking a second term on Anne Arundel County's school board had to be nominated by the School Board Nominating Commission, appointed by the Governor,…
If I bought a car in Virginia before July 1, 2013 but didn't title it at DMV until after, do I pay 3% or 4% sales tax?
The 3% rate applies. The Virginia motor vehicle sales and use tax is imposed at the rate in effect when the sale happens. 'Sale' is defined in Va. Code § 58.1-2401 to include 'any transfer of…
If Arkansas moves a district fair to another county, must its equipment and mobile home move too?
The AG found no statute definitively deciding whether equipment bought for the North Central district fair must move with the show. He said the joint-fair statute did not apply and that classifying…
When a vacancy opens up on a three-member West Virginia county commission, who picks the replacement, must they be from the same magisterial district as the previous commissioner, and must they be from the same political party?
The remaining two commissioners select the replacement (they constitute a quorum); if they cannot agree within thirty days, the political party's county executive committee picks. The replacement…
When a Virginia taxpayer makes a partial payment on real estate taxes that include both general taxes and special-district or CDA taxes, how should the treasurer allocate it?
The treasurer applies payments first to the most delinquent assessed taxes (oldest accounts paid before newer ones, per § 58.1-3913). When multiple taxes (general real estate, Special District, and…
Can Arkansas release employee evaluation records when fired employees are later allowed to resign?
Under this opinion, no for the three employees allowed to resign: the AG treated their terminations as not final, so the evaluation records failed the FOIA release test. For the fourth employee,…
Did a federal grant let a contractor bid on a Louisiana project without a state license in 2013?
The AG concluded that repeal of the federal-funding exemption generally left contractors subject to Louisiana's pre-bid licensing requirement. For a particular federally regulated project, a…
Can a Florida county use its own crews and equipment to repair private dirt roads?
Generally no. The AG's office restated the long-standing rule that public funds, including county personnel, equipment, and materials, may be spent only on the construction, maintenance, or repair…
Could an out-of-state retiree or an optional-plan participant serve as South Carolina’s retiree investment commissioner?
The AG said a court would likely require the retiree representative to reside in South Carolina. Benefits from the State Optional Retirement Program alone did not qualify a nominee; the person also…
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