State AG Opinions
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Could Jefferson Parish bar firms tied to ineligible bidders or reject bids because of their subcontractors?
The AG said Jefferson Parish could not use its proposed owner-or-officer connection rule to debar firms under the Public Bid Law. It could reject a bid based on a subcontractor's lack of…
Did Maine's 2013 AG opinion approve the legality of LD 239, the bill that would have raised state revenue from liquor sales to pay back Maine's debt to its hospitals?
The AG did not approve or reject the bill on policy grounds. As originally drafted, LD 239 raised two constitutional concerns: Art. V, Pt. Third, Section 5 bars using bond-sale proceeds to fund…
Were Jefferson Parish Attorney's legal secretaries and clerical staff covered by parish civil service?
The AG said Jefferson Parish's charter excluded legal secretaries from parish civil service as 'legal assistants.' The listed clerk, receptionist, and typist-clerk positions were not excluded under…
Could a South Carolina county council force the elected coroner to put a county seal on a donated vehicle?
The AG said the county council had limited authority to direct an elected coroner’s office and appeared unable to dictate the seal as requested. The donated vehicle was still public, however, and…
How can citizens remove an elected county property assessor for misconduct in Tennessee?
The Attorney General identified an ouster action under Tenn. Code Ann. §§ 8-47-101 to -127 and recall where a local charter permits it. Ten or more citizens and freeholders may bring an ouster…
When did ordinary bills passed in Kentucky's 2013 legislative session take effect?
The Kentucky AG calculated the effective date as the first moment of June 25, 2013, after 90 full days had passed from final adjournment on March 26. The calculation excluded general appropriation…
Did a trustee candidate lose South Carolina district residency because his spouse claimed a primary home elsewhere?
The AG said the spouse’s separate primary residence did not, on the stated facts, defeat the candidate’s eligibility to represent his congressional district. The candidate still had to be a…
Could South Carolina’s revenue department add a handling fee to electronically record tax liens?
The AG said the department could not impose an additional electronic-submission or handling fee under the statutes then in force. The existing tax-enforcement cost provision controlled, and…
When a Virginia town gives a traffic ticket under its own ordinance, does the fine go to the town, or to the state Literary Fund? And should the town's fines be lumped in with the county's for the 50% rule?
Fines collected for violations of local traffic ordinances enacted under § 46.2-1313 are NOT 'fines collected for offenses against the Commonwealth' under Article VIII, § 8. They are revenue of the…
Could the Greenville-Spartanburg Airport District independently commission reserve police officers?
The AG said no. The district could employ officers commissioned as state constables, but its enabling statute did not give it independent power to commission full-time or reserve police officers;…
Could Cottonport's elected police chief work part time at a private store while off duty?
The AG concluded that the Lawrason Act and dual-officeholding law did not appear to prohibit Cottonport's elected chief from holding private off-duty work. A town ordinance specifying the chief's…
Can a Texas district attorney keep a commission on bond forfeiture money?
A district attorney asked whether he could retain a commission on money his office collects in bond forfeiture cases under Government Code section 41.005, whether the commissioners court must…
Who could hire, fire, or reinstate employees under Union County’s council-supervisor government?
The AG said the elected supervisor controlled hiring for funded positions and was outside council’s personnel policies. Council could create and fund positions and remove certain…
Could a South Carolina DPS special constable carry a gun onto school property while working for a school district?
The Attorney General concluded that a DPS special constable did not qualify for the law enforcement officer exceptions to the school weapons prohibitions. The opinion also identified separate…
Can a Connecticut fair rent commission review fees beyond base rent, like a monthly oil spill insurance charge a landlord adds to a lease?
Yes. The AG read 'rental charges' in Conn. Gen. Stat. § 7-148b to cover all periodic payments a lease requires for use or occupancy of the property, so a fair rent commission has jurisdiction over…
Can a public records requester plug in their own hard drive to copy a Florida agency's database directly?
No. The AG concluded that the Village of Palmetto Bay does not have to let a requester copy its database directly onto the requester's own hard drive, because doing so would expose exempt and…
Can a Florida municipality apply to convert an existing public school into a charter school?
No, not a conversion charter school. The AG concluded that section 1002.33(3)(b) limits conversion-charter applications to the district school board, the principal, teachers, parents, and/or the…
Can a Florida city move its election dates by ordinance, and does adding term limits require a referendum?
Mixed. The AG concluded that under sections 100.3605 and 166.021(4), Arcadia could amend its charter by ordinance, without a referendum, to move election dates and adjust sitting officers' terms…
Does a federal credit union have to pay Virginia's grantor's recordation tax when it transfers real estate?
No. 12 U.S.C. § 1768 exempts federal credit unions from 'all taxation' by state and local taxing authorities (with a narrow exception for real and tangible personal property taxes). The Virginia…
Could a South Carolina mayor suspend or remove the city administrator, clerk, attorney, or municipal judges without council approval?
The AG concluded that the city council held the removal power for these offices, with the mayor participating as a council member. It also said the mayor probably could not suspend them alone, while…
Can a state require everyone in a polling place to be a U.S. citizen?
The Attorney General found HB985 constitutionally suspect under equal protection. The proposed citizenship rule would reach the press, voter assistants, authorized observers, and poll watchers,…
Could Acadia Parish's full-time HR director also sit on its part-time personnel committee?
The AG concluded that the full-time Acadia Parish Police Jury employee could also hold the described part-time appointive seat on its Personnel Committee. The opinion limited its analysis to dual…
Who could fill Simsboro's fire district board vacancy, and could the mayor appoint himself?
The AG said the Simsboro mayor could appoint a commissioner to an unexpired fire district board term only with the Board of Aldermen's approval. The mayor could not appoint himself to serve, because…
Can Tennessee value solar and wind power property at less than its full installed cost for property tax purposes?
Yes. The AG concluded the proposed amendment to SB1000, which would have capped initial property-tax valuation of wind facilities at one-third of installed cost and solar facilities at 12.5% of…
Are private-school voucher programs allowed under the U.S. and Tennessee Constitutions?
Yes, on a facial challenge. The AG concluded HB190 (the Tennessee Choice & Opportunity Scholarship Act), which would have provided income-eligible students in the bottom 5% of public schools…
Can the state ban journalists from photographing inside polling places during elections?
Yes, on a facial challenge. The AG concluded HB921, which would have generally banned photographic and recording devices in polling places while letting county election commissions permit press use…
Could a South Carolina county auditor prosecute vehicle registration and tax violations in magistrate court without being a lawyer?
The AG believed that a nonlawyer county auditor's proposed prosecution of those cases in magistrate court would likely constitute unauthorized practice of law. Only the South Carolina Supreme Court…
Can a school board hire a new superintendent behind closed doors without telling the public it planned to vote?
No. The AG found that the Woodbridge School Board violated Delaware's open-meetings law by not disclosing it would vote on the superintendent's resignation and replacement, and by privately…
Can Virginia's General Assembly directly impose extra sales, recordation, and hotel taxes on Northern Virginia and Hampton Roads but not on the rest of the state?
Partially yes, partially no. Imposing different tax rates on transactions (sales, hotel stays, recordation) in different localities does not violate Article X, § 1 of the Virginia Constitution…
Can Virginia's legislature pass a budget that lets a small commission of legislators decide later whether to expand Medicaid under Obamacare?
No. The 2013 budget act created the Medicaid Innovation and Reform Commission and delegated to it the final call on whether Virginia would expand Medicaid under the Affordable Care Act, contingent…
Does a virtual charter school have to pay for its students to use the school district's testing facilities?
No, not as a separate charge. The AG concluded that a school district sponsoring a virtual charter school must provide test administration services, including paying for state- or district-required…
Can a state ban United Nations representatives from observing its elections?
The AG concluded no. HB589, which would have made it a Class C misdemeanor for UN representatives to observe Tennessee elections, was susceptible to a facial Supremacy Clause challenge because…
Can Tennessee tell its own law enforcement agencies they may not spend state money helping enforce new federal gun laws?
Yes, on a facial constitutional challenge. The AG concluded HB10, which would have barred allocation of state or local funds, personnel, or property to enforcement of any federal firearms law…
Who should investigate a South Carolina traffic crash involving both a sheriff’s vehicle and a Highway Patrol vehicle?
For the qualifying collision described, the AG suggested that the sheriff’s office and Highway Patrol ask SLED to investigate. The opinion viewed SLED as suited to avoid an agency investigating its…
Did the Georgia Immigration Enforcement Review Board have a 60-day deadline from the filing of a complaint to hold a hearing on the merits?
No. The 60-day window in O.C.G.A. § 50-36-3(g) was the time between the conclusion of the initial hearing and the issuance of the initial decision, not the time from complaint filing to hearing. The…
Is Space Florida a public entity that could qualify for an FAA drone test-site authorization?
Yes. The Attorney General confirmed to the FAA that Space Florida is an independent special district and political subdivision of the State of Florida, created by Part II of Chapter 331 (the Space…
Did Greensburg's proposed charter amendments satisfy Louisiana's special-charter review law?
The AG reviewed Greensburg's amended legislative charter under La. R.S. 33:1181 and found the amendments consistent with federal and Louisiana law. The opinion recorded three weeks of newspaper…
Can a Texas school board move a single-member trustee into a new at-large seat?
A House committee chair asked whether the Beaumont ISD board could appoint one of its sitting single-member district trustees, whose term ran to 2015, to one of two new at-large positions running to…
Do State Bar of Texas petition candidates still have to follow election rules?
The State Bar of Texas executive director asked whether candidates for president-elect who get on the ballot by petition under Government Code section 81.019(c) are still subject to the State Bar's…
Can Arkansas apply the state employee 30-working-day break rule to a teacher who changes school districts?
Probably not, the AG said. The teacher sick leave transfer law states no break-in-service limit, while a state employee transfer law expressly requires a transfer without a break in service. The AG…
Can the state make handgun carry permit records public but then make it a crime to republish them?
The AG concluded yes for the part that makes permit records confidential, but no for the parts that allow inspection while criminalizing publication. SB76 and its amendment would have left the…
Would SB513 violate Tennessee's general-law clause by requiring customer elections for commissioners of a utility district in its specified population bracket?
No. The Attorney General concluded that SB513, if enacted as proposed, would not unlawfully suspend a general law under Tennessee Constitution article XI, section 8. Tenn. Code Ann. §…
Can a state stop insurance companies from selling health insurance through Obamacare exchanges?
No. The AG concluded HB476, which would have forbidden Tennessee-licensed insurers from offering coverage through any ACA exchange operating in Tennessee, was constitutionally suspect under the…
Can Oregon lawmakers require the State Lottery to address problem gambling, hire an adviser, and change its revenue goals, and which work can lottery funds pay for?
Yes, subject to funding and constitutional limits. The AG answered all seven questions affirmatively: lawmakers could require advisers, policies, reports, and changes to revenue goals. Lottery…
Did Louisiana sales and use tax apply to storm shutters sold through a dealer and installed for a customer?
The AG said sales and use tax was not due on a wholesaler's storm-shutter sale to a dealer for resale, or on a dealer's sale and installation for an end user. The cited storm-shutter retail…
Does a Texas sheriff need the commissioners court to approve the office policy manual?
A county attorney asked whether a sheriff must submit the sheriff's office policy manual to the county commissioners court for approval or rejection. The Attorney General concluded that no statute…
Can an arrested person in Texas waive being read their rights by a magistrate?
A House committee chair asked whether a magistrate's duty to admonish an arrested person under article 15.17 of the Code of Criminal Procedure is mandatory, and whether an arrested person may waive…
Can a person who was forcibly sterilized by Virginia between 1924 and 1979 sue the Commonwealth under the Virginia Tort Claims Act?
It is unlikely. The Virginia Tort Claims Act waives the Commonwealth's sovereign immunity only for claims accruing on or after July 1, 1982. The sterilizations in the question occurred between 1924…
Can an AG opinion determine which South Carolina county contains a home when two counties claim the property tax?
No. The AG declined to decide the home’s location because it was a factual question. The opinion described possible ways to seek a county boundary determination and contest the resulting property…
Can Tennessee take away a private university's campus police authority if the university discriminates against religious student groups?
The Attorney General said SB1241 would likely be facially constitutional for public universities but constitutionally suspect for private universities, where conditioning campus-police authority on…
Can a Florida county use tourist development tax money to fund a private trolley or tram service for beachgoers?
The AG's office gave only general guidance because the project details were unsettled. It cautioned that section 125.0104 limits tourist development tax revenue to enumerated purposes and that the…
Did Maine's 2013 AG opinion say the State or the Wabanaki tribes have authority to regulate saltwater fishing under the Maine Indian Claims Settlement Acts?
The AG concluded that tribal members were subject to Maine's regulation of marine resources to the same extent as any other Maine citizen. The sustenance fishing rights reserved by the Settlement…
Could a part-time assistant district attorney also serve as Coushatta's city attorney?
The AG found no dual-officeholding prohibition when the part-time assistant district attorney provided city legal services by contract through private practice. If the city role was employment…
Can a Texas court order destruction of blood evidence after a DWI case ends?
The Harris County District Attorney asked whether a court may order the destruction of blood seized while investigating an intoxication-related misdemeanor, and whether the DA's office may petition…
Would a South Carolina homeowner who moved to the state in May 2011 qualify for the 2012 age-based homestead tax exemption?
The AG thought a court would likely deny the 2012 homestead exemption. Although the homeowner was already 65, the opinion read the one-year South Carolina residency requirement as needing to be met…
Can an Arkansas county library use surplus maintenance millage revenue to match grants for a building expansion?
No. The AG concluded that surplus proceeds from a voter-approved maintenance and operation millage could not be moved into a construction account, even to match outside funds. The opinion did not…
Could Tennessee direct assessors to consider lower output from geothermal, hydrogen, solar, and wind generation when valuing the property for tax?
Yes. The Attorney General called the proposed SB1000 amendment constitutionally defensible because it gave a credible valuation rationale and directed assessors to consider legislative findings…
Who owns a stolen car sold to a Florida scrap metal recycler that holds a derelict title?
The AG's office declined to decide who owned the vehicle, saying that was not a question it could resolve. It instead summarized the Florida statutes governing secondary metals recyclers (Part II,…
Could a Kentucky area development district bypass city zoning and run an offender reentry program?
The Kentucky AG concluded in 2013 that an area development district was subject to local planning authority and lacked independent power to operate an offender reentry program. It could provide…
Did a Kentucky city councilmember lose her office by taking the oath two days after her term began because she was ill?
The Kentucky AG concluded in 2013 that she did not. Her illness was a valid excuse, and taking the oath on January 3 was within a reasonable time after the January 1 start of her term.
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Two states are not listed and are not pending: New Hampshire publishes its opinions on a page that automated retrieval cannot read, and Rhode Island publishes no complete full-text archive at all. We will add them if that changes.