State AG Opinions
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Could volunteer firefighters use private cars with lights and sirens to respond to calls in South Carolina?
The AG said a volunteer firefighter’s private vehicle could qualify for limited emergency-vehicle traffic exemptions while actually responding to an emergency with required audible and visual…
Could CERRA settle repayment debts from South Carolina Teaching Fellows scholarships?
The AG concluded CERRA could not compromise Teaching Fellows debts owed to the state. The attorney general could decide whether to settle a particular claim in the state’s interest, but could not…
Can a senior status federal judge perform a wedding ceremony in Texas?
A district attorney asked whether a 'senior status' federal judge, one who has retired from regular active duty but still hears cases, may conduct a marriage ceremony in Texas. The Attorney General…
Can a Texas county issue tax increment bonds backed by property tax revenue for a road project?
A state representative asked whether a county may form a transportation reinvestment zone, collect an ad valorem (property) tax increment, and pledge that increment to secure bonds for a…
Can a Texas city make a development project expire sooner than five years under its own ordinance?
A state representative asked whether the City of Austin's Project Duration Ordinance, which expired development projects on three- or five-year timelines and when permits were not obtained on…
Could a South Carolina register of deeds reject a manufactured-home title affidavit on form alone?
The AG concluded a recording officer could refuse a manufactured-home title-retirement affidavit if it lacked a statutory requirement. A different form or illegibility alone was not enough to refuse…
Can Texas Sunset Commission staff see a state agency's confidential files and sit in on its closed meetings during a review?
The Chair of the Sunset Advisory Commission asked whether its staff, while reviewing the State Commission on Judicial Conduct, could obtain that commission's confidential records (including memos…
Could Seneca Police give Christmas bonuses to reserve officers for their service?
The AG concluded Seneca’s proposed service-based Christmas bonuses for reserve police officers were inappropriate. It distinguished a statutory exception for approved off-duty work paid by a party…
If you serve on a New York state advisory council without pay, does the state still defend and indemnify you if someone sues you over your council work?
Yes. The AG concluded that members of the Security Guard Advisory Council qualify as state 'employees' under Public Officers Law § 17 even though they are unpaid, because they are appointed by the…
Are the deed, lien, and plat images and the index data on Georgia's statewide superior court clerks' database open under the Open Records Act, and can the Authority still charge fees for them?
Both the images and the index data on the Georgia Superior Court Clerks' Cooperative Authority's online system were public records subject to the Open Records Act. But because a separate statute,…
When could Maryland clerks start issuing marriage licenses to same-sex couples after voters approved same-sex marriage?
Maryland's Attorney General advised that after voters approved the Civil Marriage Protection Act in November 2012, clerks could accept applications immediately and could issue same-sex marriage…
Could Camden withhold City Drug Fund records showing payments linked to dismissed charges?
The AG concluded the fund’s financial records were generally subject to disclosure under South Carolina FOIA. It did not accept expungement law or donor privacy as grounds to hide the identities of…
Can a Tennessee general sessions judge ignore courthouse security rules set by the county security committee?
Mostly no. The AG concluded that a general sessions judge probably cannot refuse to follow security and dress rules properly adopted by the County Court Security Committee (of which the presiding…
Can Tennessee cut TennCare or quit Medicaid if Congress reduces federal funding?
Yes, Congress can lower federal Medicaid contributions, and Tennessee can scale back TennCare optional benefits or even leave Medicaid entirely. But the AG cautioned that the ACA's 'maintenance of…
Can a Tennessee county planning commission make citizens testify under oath at meetings?
No. The AG concluded the Carter County Planning Commission lacks authority to require citizens appearing before it to testify under oath. The 1972 private act creating the Commission doesn't grant…
Who could fire the first director of Richland County’s combined election board?
The AG predicted the Richland County Board of Elections and Voter Registration could directly discharge its initial director. The county’s legislative delegation appointed that first director, but…
After a school board's raise vote gets invalidated for a notice problem, does redoing that vote have to preview every detail critics want, like an advance copy of a supporting presentation?
No, under the law as it stood in 2012. After the AG invalidated the Capital School District Board's first vote on a 5% administrator raise for lacking proper notice, the AG upheld the Board's redone…
Can a Texas county probation department pay its bills without the county auditor signing off?
The Cherokee County Attorney asked whether the county's Community Supervision and Corrections Department (the local probation department) could adopt an accounting procedure paying its bills on the…
Can a Texas bail bondsman swap out the type of collateral backing their license?
The El Paso County Attorney asked whether a county bail bond board could let a licensed bondsman switch part of the collateral backing his license, for example trading some of a cash deposit for a…
Does a sex offender in Texas register with the city police or the county sheriff?
A district attorney asked whether a home-rule city could require sex offenders living inside the city to register with the county sheriff instead of the city's chief of police, after the City of…
Can a foreign medical school get approved to offer courses or clinical training in Texas?
The Commissioner of Higher Education asked whether the Texas Higher Education Coordinating Board could issue a certificate of authority, the credential a private school needs to grant degrees or…
Can mobile home owners get Florida relocation money if their park stops being state-regulated?
Yes, if the owner meets the statutory requirements and the trust fund has money. The Attorney General concluded that a mobile home owner who properly applies for relocation payment under Chapter 723…
Can a Washington clinical laboratory pay for a doctor's electronic health records software in exchange for the doctor sending lab work to that lab?
No. The Washington AG concluded that paying for a physician's EHR software, when the donations went only to physicians who referred specimens to the donating laboratory, was an unlawful rebate under…
Could a Maryland delegate remain in office after a misconduct conviction if the court later granted probation before judgment?
The Attorney General concluded that Delegate Tiffany Alston's misconduct-in-office conviction became final when she waived appeal, triggering automatic removal from her current term. A later…
Could a South Carolina water utility charge extra for a shared fire-sprinkler tap?
The AG concluded the statute’s limit on fire-sprinkler installation and maintenance fees likely applied whether the tap served only sprinklers or also other water uses. It declined to decide a…
Can a Florida county spend tourist development tax money on bike trails, pedestrian bridges, and beach parking?
Yes, with the right legislative findings. The Attorney General concluded that Walton County could use tourist development tax revenue to maintain and expand a tourist-used multi-use pathway and…
Do Florida's state data center boards have to file minority-representation reports for their appointments?
Yes, for the trustee they appoint. The Attorney General concluded that the boards of trustees of the Northwood and Southwood Shared Resource Centers are the 'appointing authority' for the at-large…
Can a Virginian convicted of perjury serve on a jury after the governor restores his political rights, despite § 18.2-434 saying perjurers are 'forever' barred?
Yes. Although Va. Code § 18.2-434 says a perjurer is 'forever' barred from jury service, the governor's constitutional power to remove political disabilities (Va. Const. art. V, § 12) overrides that…
Can someone convicted of perjury hold elected office in Virginia after the governor restores their political rights?
Yes. Even though § 18.2-434 says a perjury conviction makes a person 'forever incapable' of holding office, the Virginia Constitution makes voting eligibility the sole qualification for office. When…
Is a Florida airport authority an 'economic development agency' that can keep business records confidential?
No. The Attorney General concluded that the St. Augustine - St. Johns County Airport Authority is not an 'economic development agency' as defined in section 288.075, Florida Statutes, so it cannot…
Can one person serve on both a city housing authority and a county housing finance authority in Florida?
No. The Attorney General concluded that serving at the same time on the West Palm Beach Housing Authority and the Housing Finance Authority of Palm Beach County would violate Florida's…
Could a South Carolina soil and water conservation district qualify for rural infrastructure funding?
The AG said a soil or water conservation district could qualify if it was a special purpose district under the statute. That classification required an individual review; the opinion did not declare…
Is it a conflict of interest if a Tennessee school board member's family electrical company gets the subcontract on a school remodel?
Probably not, on the stated facts. Under § 12-4-101, the answer turns on whether the school board member has a controlling interest in the electrical company and a duty to vote on or oversee its…
Can a judge or police officer who keeps their home address off their license still get a homestead tax exemption in Texas?
A state senator asked how to resolve an apparent conflict: Transportation Code sections 521.121(c) and 521.1211(b) let judges, their spouses, and peace officers leave their residence address off…
Could Beaufort County’s treasurer add fees or keep penalties when collecting delinquent taxes?
The AG concluded the treasurer could collect only the penalties and qualifying costs authorized by statute, not an extra flat or arbitrary collection fee. It also said delinquency penalties could…
Can a Virginia locality require stricter rules for alternative septic systems than the Virginia Department of Health does, where public sewer isn't available?
No. Where (i) no sewer is available and (ii) VDH has approved the alternative system for those conditions, § 15.2-2157(C) bars a locality from imposing additional or stricter standards that would…
Is there a deadline for asking Delaware's Attorney General to investigate an old open-meetings complaint?
Yes, in practice, under the law as it stood in 2012. The AG dismissed a resident's FOIA petition over a 2010 wind turbine agreement as untimely because it was filed more than two years after the…
Which physicians could sign a candidate petition for South Carolina’s medical board?
The AG read the election regulation as requiring 50 signatures from permanently licensed physicians eligible to vote in the candidate’s district contest. It left disputed signatures and the…
Could South Carolina prison wardens carry state-issued pistols at all times?
The AG concluded the described wardens, certified as Class 2 law enforcement officers and on call around the clock, could carry their department-issued firearms at all times because the office…
Does a county owe penalties and interest on unpaid property taxes for land it bought for public use?
The Webb County Attorney asked whether a taxing authority could charge, and the county had to pay, penalties and interest on unpaid ad valorem (property) taxes for the year a county bought several…
Can my employer stop me from keeping a gun locked in my car in the work parking lot in Texas?
A state senator asked several questions about Labor Code section 52.061, the 2011 'parking lot' law that bars an employer from prohibiting a licensed employee from transporting or storing a firearm…
Could a Lincoln student transfer to Wando for a career cluster unavailable at Lincoln?
The AG concluded the student-transfer law permitted a Lincoln student to seek Wando’s career cluster if Lincoln did not offer it, but both constituent district trustee boards had to approve the…
Which county officers can a Tennessee charter county like Knox County make appointed instead of elected, and vice versa?
Mixed. A Tennessee charter county like Knox County may eliminate the constitutional county officers (clerk, register, trustee, assessor) entirely under Jordan v. Knox County, but if it keeps any of…
Should the Connecticut Retirement Services Division use its longstanding pre-2011 interpretation of CMERS disability retirement and return-to-work rules, or the stricter 2011 reinterpretation?
The Connecticut AG advised the Retirement Services Division to return to its long-standing pre-2011 interpretation of CMERS disability retirement and return-to-work rules. Neither interpretation was…
Is Tennessee's law capping green-energy facility property at 0.5% of cost for tax purposes constitutional?
Doubtful. The AG concluded that Tenn. Code Ann. § 67-5-604(d), which caps the value of machinery and equipment in certified green energy production facilities at 0.5% of acquisition cost for…
Do Virginia clerks have to collect recordation taxes when Fannie Mae or Freddie Mac is the grantor or grantee on a deed?
No. Their federal charters exempt Fannie Mae, Freddie Mac, and the FHFA from 'all taxation' by state and local governments except for direct real property tax. Virginia's recordation tax is a tax on…
When a Tennessee pawnbroker buys gold or jewelry outright (no pawn loan), does the Scrap Jewelry Dealers Act also apply?
Yes. The AG concluded a licensed Tennessee pawnbroker who buys antique, used, or scrap jewelry or precious metals outright for resale (not as a pawn loan) is acting as a scrap jewelry/precious…
Could a South Carolina city share confidential taxpayer data with county officials for their duties?
The AG concluded the statutory exception for data sharing in official duties likely extended between a municipality and county. It found no same-office or same-government limit in the provision it…
Can a Tennessee school board quietly extend the superintendent's contract without 15 days advance notice?
No. The AG concluded a Tennessee school board cannot legally extend the contract of its director of schools without giving the public notice required by Tenn. Code Ann. § 49-2-203(a)(14)(C): at…
Would a Tennessee bill joining an interstate health-care compact be constitutional?
Yes, facially. The AG concluded that 2012 HB 0369/SB 0326, proposing to make Tennessee a party to an interstate health-care compact that would shift health-care regulation from the federal…
Where do I register if I buy gold jewelry for resale in Tennessee, the state Department of Commerce or local police?
No. Buyers of used jewelry and precious metals for resale don't register with the Tennessee Department of Commerce and Insurance as 'scrap metal dealers' under Tenn. Code Ann. §§ 62-9-101 to -113.…
When did a South Carolina inspector-general investigation become public under the 2012 opinion?
The AG said investigative records became subject to FOIA after an investigation ended and its required final report issued. The inspector general could decide whether an investigation needed a…
Could two South Carolina DOT commissioners from the same county serve at the same time?
The AG concluded that two DOT commissioners from the same county could not serve simultaneously. A candidate from the county of a sitting district or at-large commissioner had to wait until that…
How far back could Jasper County assess property taxes it missed through its own error?
The AG concluded the county auditor was probably limited to 36 months of omitted property-tax assessments caused by county error. It distinguished taxpayer-caused omissions under a different provision.
When a Wyoming county commission and a county assessor want a private tax attorney to work on a proposed lease that the county attorney has already opined on, who can hire that attorney, who can pay, and is the resulting legal advice a public record?
Attorney General Gregory Phillips concluded that a county commission can hire private counsel to assist the county attorney in any 'civil proceeding' under Wyo. Stat. Ann. § 18-3-302(c), even over…
Could Fripp Island private security cite people for beach-rule violations below the high-water mark?
The AG concluded the association’s private guards lacked law-enforcement authority to enforce its beach rules below the high-water mark, where state ownership was presumed absent a specific grant.…
Does Tennessee count construction and demolition waste as municipal solid waste for landfill fee purposes?
Yes. The AG concluded that the broad statutory definition of 'municipal solid waste' in Tenn. Code Ann. § 68-211-802(a)(10) covers 'construction/demolition wastes' defined in Tenn. Comp. R. & Regs.…
Could Bishopville council vote itself per diem payments for official work?
The AG said per diem payments to Bishopville council members were not authorized under the statute permitting reimbursement of actual official expenses, so a vote on per diems was unnecessary. Other…
Could Fairfield County Council vote for board nominees by number without revealing their names?
The AG said Fairfield County Council’s number-based voice-vote method would likely violate FOIA if a council member requested individual votes in the minutes or the public sought the candidates’…
Is Space Florida a political subdivision of the state for federal drone (UAS) test-site purposes?
Yes. The AG confirmed that Space Florida is generally considered an independent special district and political subdivision under Florida law. Space Florida sought that state-law determination for an…
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