State AG Opinions
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Can the initial transporting county refuse to reimburse a designated secondary agent for taking a mental health patient to an out-of-county facility?
No. The AG concluded that Tenn. Code Ann. § 33-6-901 created an unconditional obligation on the initial transporting county to reimburse a properly designated secondary transportation agent for any…
If a baby is born addicted to drugs in Tennessee, can the mother or the drug dealer be prosecuted?
Under the law discussed in this 2013 opinion, a mother could not be prosecuted under the fetal-assault or homicide provisions for narcotic use that caused her newborn's addiction or birth defects.…
After a South Carolina magistrate found no probable cause, could a defendant stay jailed until General Sessions dismissed the charge?
No, if no other pending charge required incarceration. The AG said the defendant had to be released from custody after the no-probable-cause finding, but the bond’s other conditions continued until…
Did a VA Veterans Identification Card count as federal military photo ID for voting under South Carolina’s 2011 Voter ID Act?
The AG believed a court would likely treat a current, valid Veterans Identification Card issued by the Department of Veterans Affairs as qualifying federal military photo ID. The opinion relied on…
When a West Virginia sheriff resigns mid-term, must the county commission appoint someone to fill the vacancy, when must an election be held to choose a permanent successor, and can the commission skip the appointment by holding a special election sooner?
The AG concluded the commission has a mandatory duty to appoint a same-party replacement (no specific deadline, but as soon as practicable). The next election to fill the unexpired term must occur…
Do signatures on an Arkansas city government petition have to be dated after the last general election?
No. For a petition under the city manager statute, the preceding election set the required number of signatures; it did not bar earlier signatures. The AG cautioned that sufficiently old signatures…
Could Arkansas retail liquor stores franchise together if their fees came from nonalcoholic sales?
No. The AG read Arkansas’s retail liquor permit provisions as barring franchise arrangements regardless of which sales funded the fees. It rejected several constitutional objections in general terms…
Can a Florida agency charge a fee to email public records instead of making paper copies?
Only narrowly. The Attorney General concluded that an agency may charge the 'actual cost of duplication' for records sent by email in place of photocopying, but that cost covers only materials and…
Can a Texas home-rule city extend its council members' terms to four years without a charter amendment?
A state representative asked, about home-rule cities generally and the City of Socorro specifically, whether a home-rule city may lengthen its officers' terms from three to four years without first…
Is a Texas junior college district a 'school district' that can avoid paying city impact fees?
A state representative asked whether a junior college district counts as a 'school district' under section 395.022(b) of the Local Government Code, the provision that lets a school district avoid…
Must Texas Medicaid pay the Medicare ambulance deductibles for people on both Medicare and Medicaid?
A state senator asked whether an HHSC Medicaid reimbursement rule (rule 354.1143) conflicts with section 32.050(c) of the Human Resources Code, which says that for an ambulance service provided to a…
Can a Florida city commissioner also sit on a regional transportation authority board?
Yes. The Attorney General concluded that a city commissioner may serve at the same time on the governing board of the South Florida Regional Transportation Authority without violating the…
Are farm buildings, fences, and signs exempt from a Florida city's zoning and land development rules?
Yes. The Attorney General concluded that section 604.50, Florida Statutes, exempts nonresidential farm buildings, farm fences, and farm signs from 'any county or municipal code or fee,' and that…
Could a South Carolina sheriff enforce federal gun laws or stop federal agents from enforcing them in the county?
The AG said South Carolina state and local officers had no general authority to enforce federal gun laws, and they could not interfere with federal officers lawfully enforcing federal law. It also…
Could a Kentucky city buy county property assessments from a reseller and avoid paying the property valuation administrator?
No. The Kentucky AG concluded in 2013 that a city using the county assessment as the basis for its own taxes owed the property valuation administrator the statutory payment, even if it bought the…
Why did the Arkansas AG condition approval of a health department interlocal agreement amendment?
The AG approved the amendment only if its drafters resolved a formal inconsistency: a clause said it replaced existing language, but the supposed replacement repeated that language verbatim.
Did the 2012 amendment requiring Tennessee defendants to pay for their own DNA test collection apply to people convicted before the law took effect?
Yes. The AG concluded the $37 DNA collection fee under Tenn. Code Ann. § 40-35-321(b) and (d)(1) applied whenever a non-incarcerated person provided a DNA specimen on or after May 10, 2012,…
Can a Virginia driver be ticketed under § 46.2-716(B) for a clear plastic license plate cover, or does the statute reach only colored covers?
Yes. Although § 46.2-716(B) singles out 'colored' coverings, its catch-all phrase 'other type of covering' that 'in any way alters or obscures' the plate is broad enough to reach clear plastic…
Does Virginia or the federal government have jurisdiction over the Langley Air Force Base West Gate and Search Facility?
Virginia has jurisdiction. The United States never filed a notice of acceptance with the Governor for the land where those two facilities sit. Without that notice, federal law conclusively presumes…
Does a Virginia company managing short-term condo rentals need a real estate broker's license?
Yes. The AG concluded that a Virginia management company handling short-term rentals (under 30 days) for individually-owned condominium units had to be licensed by the Virginia Real Estate Board and…
Could a retired South Carolina legislator’s son join the state transportation commission?
The AG concluded that “immediate family member” likely included a legislator’s son. Under the statute it analyzed, a son was ineligible during the parent’s General Assembly service and for four…
Could a North Carolina false-imprisonment conviction require sex-offender registration in South Carolina?
The AG concluded that a North Carolina false-imprisonment conviction would likely require South Carolina registration because the conduct could qualify as kidnapping under South Carolina’s broader…
Could Tennessee require both state and private universities to recognize religious student groups that limit leadership to members of the faith?
The AG concluded that HB3576 was probably constitutional as applied to state colleges (mirroring the federal Equal Access Act upheld in Hsu), but constitutionally suspect as applied to private…
Could a Kentucky city or county adopt a local sales tax without amending the state constitution?
The Kentucky AG concluded in 2013 that cities and counties could not impose a local option sales tax, and the General Assembly could not give them that power, without a constitutional amendment. The…
Is a Virginia HOA's 'declarant control' period (developer keeps the board until enough lots sell) unconstitutional, and can the developer's lawyer also represent the HOA?
The Virginia Property Owners Act does not expressly grant or regulate developer control of a homeowners' association during the early sales period (the 'declarant control period'), so there is no…
Can a Virginia county use its zoning power to ban oil and gas drilling, including fracking, within its borders?
No. A Virginia local governing body may adopt reasonable zoning rules about where oil and gas wells can be sited, but it cannot use zoning to ban exploration and drilling entirely within the…
Can a Virginia car-title lender disburse loan proceeds by crediting the borrower's bank account through a debit card or electronic funds transfer?
No. Section 6.2-2215(7) allows disbursement by cash, business check, or debit card, with a no-fee condition on the debit card option. The no-fee condition only makes sense if the 'debit card' is a…
When a Tennessee school district hires a contractor to build or renovate a school, does the general public-procurement statute for energy services apply, or just the school-construction statute?
Just the school-construction statute. The AG concluded that Tenn. Code Ann. § 49-2-203, the specific statute governing local education agency procurement of school construction, controlled over…
How are charter schools funded in Florida and what money are they entitled to?
Charter school students are funded the same way as students in any other public school in the district, through the Florida Education Finance Program. The AG's office explained that a charter school…
Does a Florida Highway Patrol trooper get the $5 witness fee for testifying in traffic court off duty?
Sometimes. The Attorney General's office advised that a trooper, like other state law enforcement officers, may receive the $5-a-day witness fee under section 92.142 only when testifying during time…
Who filled a McCormick County school-board vacancy under the 2013 South Carolina AG opinion?
The AG concluded that the governor appointed a trustee for an unexpired term on McCormick County Council’s recommendation. The council could seek a candidate proposed by the school board, but…
Can a Florida police officer enter a home in fresh pursuit to make a misdemeanor arrest?
Generally no. The Attorney General's office advised that, absent valid consent or genuine exigent circumstances, an officer may not cross the threshold of a private home to make a warrantless…
If a Tennessee defendant is charged with several offenses but posts one bail bond, can the sheriff charge a $5 fee for each charge?
No. Under Tenn. Code Ann. § 8-21-901(a)(3)(C), the sheriff's $5 fee was assessed per bond, not per charge. One omnibus bond covering multiple charges meant one $5 fee. Separate bonds for each charge…
Can a Tennessee homeowners' association ban backyard beekeeping in its neighborhood?
Yes. Tennessee's beekeeping protection statute (Tenn. Code Ann. § 44-15-124) only blocks counties and cities from outlawing hives, not private HOAs. An HOA's restrictive covenants against beekeeping…
Could a South Carolina scrap-metal recycler pay cash for copper, catalytic converters, or beer kegs?
The AG concluded that a secondary metals recycler could pay cash for those items only in a transaction with another secondary metals recycler. For other sellers, the statute the opinion reviewed…
Does a Virginia farm pond have to be used for crop irrigation to qualify for the Dam Safety Act's agricultural exemption?
No. Irrigation isn't required. The pond just has to be used in a way DCR finds is required for agricultural production. Whether fire suppression for forestland or a pasture pond qualifies is a fact…
Could Mullins City Council transfer the mayor’s powers to a mayor pro tempore by ordinance?
The AG predicted that Mullins Ordinance 11-304 would likely fail because state law limited when a mayor pro tempore could act as mayor. The office understood Mullins to use the council form of…
Can an Illinois trial court appoint the public defender to represent an indigent person facing civil commitment as a sexually violent person?
Yes. The 2012 AG opinion concluded that section 3-4006 of the Counties Code lets trial courts appoint the public defender to represent indigent respondents 'held in custody' under the Sexually…
Does Tennessee charge sales tax when I buy or sell gold and silver coins?
Sometimes. Tennessee sales tax applies when gold and silver coins are exchanged based on their intrinsic value as precious metals or collectibles (e.g., a $50 gold coin sold for $1,800). Sales tax…
Can an Illinois state agency reserve some of its accessible parking spaces only for its own employees with disabilities?
No. AG Lisa Madigan concluded that a state agency that provides only the minimum number of accessible parking spaces required by the Illinois Accessibility Code may not designate any of those…
Can a county water authority director vote on a contract with the agency that appointed them?
An authority director who was also an officer of the appointing member agency could not vote on a contract between them. A director who was not such an officer generally could vote, although other…
Could Colorado hire a private 'recovery audit' contractor to comb through tax refund records, looking for refunds the state had issued in error?
No. The AG concluded that issuing a tax refund is not a 'payment activity' under the Recovery Audit Statute, and a taxpayer is not a 'vendor or other entity.' The Statute therefore did not apply to…
Could a California school district use its buses for a nonprofit recreation program in a county with more than 45,000 residents?
Generally, the Attorney General said no: in a county above 45,000 residents, the recreation had to be directly controlled by a public authority. A district with qualifying established nonprofit…
Did a California cemetery district need county treasurer approval to invest its endowment funds elsewhere?
No. The Attorney General concluded that a public cemetery district board could invest endowment-care principal and surplus endowment income in the statutory options without the county treasurer's…
Can California’s Prison Industry Authority bypass public works contracting laws when it buys construction services?
No. The Board could set purchasing procedures for goods and services used in regular operations, but that power did not exempt the Authority from public works contracting laws.
Can Maryland release the personal email addresses of citizens who sign up for a county newsletter under the Public Information Act?
Maryland's Attorney General concluded that the Public Information Act does not let a records custodian unilaterally withhold citizens' personal email addresses just because releasing them might harm…
Can a school board's vote to extend a superintendent's contract be thrown out for violating the open meetings law?
Yes. The AG found that the Capital School District Board's failure to tell attendees it planned to reconvene in a second closed session and then vote violated Delaware's open-meetings law, and…
When a city's ethics ordinance carries jail-time penalties heavier than the usual cap on municipal ordinance violations, who can prosecute the violations: the State's Attorney or the city attorney?
A municipal attorney may prosecute. AG Lisa Madigan concluded that the State Officials and Employees Ethics Act both requires municipalities to enact ethics ordinances with penalties no less…
Does Virginia's 100% disabled veteran property tax exemption apply if the veteran lives in a unit owned through a real estate cooperative?
No. The AG concluded that the Article X, § 6-A exemption does not apply to a veteran who is a proprietary lessee in a real estate cooperative, because the statute expressly excludes leasehold…
Could a California judge retired for disability receive general certification to administer oaths?
No. A judge who voluntarily retired for disability could not obtain the general oath certification discussed in the opinion. If later found capable of judicial service and assigned to a court, the…
Can an Illinois non-profit hospital refuse to hire someone because that person uses tobacco off the job?
Maybe. AG Lisa Madigan concluded that the Illinois Right to Privacy in the Workplace Act generally bars employers from making hiring decisions based on off-the-job tobacco use, but section 5(b)…
Could a hospital dietary services director also serve on a nearby California health care district board?
The AG did not decide her eligibility. It allowed a quo warranto suit so a court could decide whether her hospital job made her a “policymaking management employee” barred from serving on the…
Can a Georgia city and county sign a contract with each other for one to handle misdemeanor probation for both, and can a single probation entity work an entire judicial circuit?
Cities and counties could enter intergovernmental agreements for misdemeanor probation services as long as both contracting parties were independently authorized to provide those services. A…
Could a Costa Mesa sanitary district director also serve on the city's planning commission?
The Attorney General concluded in its analysis that the two offices were incompatible. It granted permission for a court case to resolve whether Fitzpatrick's later planning commission appointment…
Which of the new misdemeanor crimes the Georgia legislature created in 2012 should require fingerprinting at arrest?
The AG designated 13 of the 16 new 2012 misdemeanors as fingerprintable, including dangerous-dog violations, copper-theft and scrap-metal-recycler offenses, fourth-degree forgery, laser pointing at…
Could San Francisco use a traffic camera to enforce a no-right-turn sign even when the signal was green?
Yes, for the signalized intersection and all-times turn prohibition examined. The Attorney General concluded that an authorized automated traffic camera could record an illegal right turn even when…
Could San Francisco retirees use quo warranto to challenge a pension COLA charter amendment?
The Attorney General denied permission for a quo warranto suit. The retirees' vested-benefits claim challenged the substance of the charter amendment, while the actuarial-report allegation concerned…
How do vacancies and abstentions affect a Tennessee county commission's quorum and majority vote count?
Vacancies are not counted: quorum and majority vote are calculated against the actual membership in office at the time of the vote (Tenn. Code Ann. §§ 5-5-108, -109). Two-thirds private-act votes…
Can a Tennessee car dealer use a vehicle with dealer plates to run a paid bus shuttle service?
No. A vehicle used in the dealer's own paid transport business is a work or service vehicle and loses eligibility for dealer plates under Tenn. Code Ann. § 55-4-221(b)(6), even if that use is…
Do Florida's Sunshine Law and public records litigation exemptions last through the appeals process?
Generally yes, through appeals. The Attorney General's office gave general guidance that the phrase 'conclusion of the litigation' in both the Government in the Sunshine Law (section 286.011(8)) and…
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