State AG Opinions
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Are Tennessee municipal stormwater fees required by federal law, and do they count as unfunded federal mandates?
The Clean Water Act doesn't spell out stormwater fees, but it does require municipalities running storm sewer systems to get NPDES permits, and Tennessee's statutes (Tenn. Code Ann. §§ 68-221-1101…
Would Tennessee SB 2835 making open-adoption visitation agreements enforceable cause inheritance, support, or constitutional problems?
No on all four. The AG concluded that SB 2835, which would have made open-adoption visitation agreements judicially enforceable and allowed adult adoptees in some divorce situations to restore a…
Could a water district challenge a director's seat when his claimed home inside the district might not be his domicile?
Yes. The Attorney General granted the district permission to bring a quo warranto case because conflicting evidence about the director's domicile raised substantial questions about his eligibility.…
Could a Fairfield County deputy sheriff also serve on the county council on aging board?
The AG concluded a deputy sheriff likely could not also hold the described Fairfield County Council on Aging board seat because both positions counted as public offices. It recognized an exception…
Can Tennessee cap how many foreign-worker visa holders a charter school employs?
Likely no. The AG concluded that Chapter 879's 3.5% cap on non-immigrant H-1B and J-1 visa workers at charter schools was constitutionally suspect under the Equal Protection Clause and the Supremacy…
Could a South Carolina civil-contempt citation be entered into criminal-history databases?
The AG concluded a civil-contempt citation was not criminal-history record information and should not be entered into the state criminal information system or NCIC on that basis. It distinguished…
Could a Kentucky property owner start an amendment to the zoning ordinance text?
The 2012 AG said no. KRS 100.211 let an owner propose a zoning map amendment, but reserved proposals to change the ordinance text to the planning commission, fiscal court, or participating…
Could a Kentucky city pay to survey private homes for FEMA flood map changes?
The 2012 AG said no for Carrollton's proposed surveys, which would mainly relieve selected homeowners of flood insurance costs rather than serve a public purpose. The city also could not use its…
Do inmate phone commission funds belong to the Virginia sheriff's office or to the locality's general fund?
The locality's. Section 53.1-127.1 directs commissary profits to inmate benefit but treats phone-service funds as 'public funds' without earmarking them. Without an agreement, those funds go to the…
Can Virginia cities, counties, and school boards pool together to run a single self-funded employee health insurance trust?
Yes. Under the Joint Powers Act, any power a political subdivision can exercise alone, it can exercise jointly with another. Localities can set up health insurance under § 15.2-1517 and school…
Can Hamilton County, Tennessee allow distilleries by county commission resolution, or does it need a referendum?
No. Tenn. Code Ann. § 57-2-103(d) lets some Tennessee counties authorize distilleries by county commission resolution, but only counties in specific population brackets (or in the Tennessee River…
Can a Tennessee city require its employees to live in the city, give local contractors preference, or use race-based contracting?
Local governments may constitutionally require employees to live in the jurisdiction (rational basis); the General Assembly may also constitutionally prohibit such residency rules.…
Can an Arizona school district run its own preschool for children without disabilities, or does it have to contract with an outside child care provider?
Yes. The AG concluded that Arizona school districts may directly provide educational preschool programs to children without disabilities using federal grants, donations, gifts, or community school…
Could a state retirement investment commissioner also serve on Aiken’s planning commission?
The AG concluded simultaneous service on the retirement investment commission and Aiken’s planning and zoning commission violated both the state dual-office rule and a separate statutory restriction.
Did a South Carolina roll-your-own cigarette shop count as a manufacturer in 2012?
The AG concluded that the retail business operating the described roll-your-own machines was a cigarette manufacturer for the state rules examined. It said the transaction was subject to cigarette…
Who has authority under Virginia's Public-Private Transportation Act to evaluate proposals for a private concession to operate the Port of Virginia?
The Virginia Port Authority. The General Assembly gave the VPA, alone, the power to develop and operate Port facilities. The VPA is the 'responsible public entity' under the PPTA. The Secretary of…
Could a South Carolina Criminal Justice Academy instructor also perform deputy coroner duties?
The AG concluded the described Academy instructor’s Class 3 officer status and state constable commission conflicted with taking a separate part-time deputy coroner role. Calling the job “death…
Did a “residential purposes only” covenant allow vacation rentals in Crystal Bay?
The AG predicted Crystal Bay’s covenant would bar use of a house as a vacation rental but would not bar an ordinary tenant. It found no basis in the covenant for treating 90 days as the dividing line.
What did Idaho's AG flag about the 2012 medical marijuana ballot initiative before it could go on the ballot?
The AG said Idaho could create its own marijuana exceptions, but those exceptions would not prevent federal prosecutions or change federal housing and employment law. The certificate also raised a…
Can a Virginia county redirect leftover general obligation bond money from a completed project to a different voter-approved project?
No, unless the resolution or ordinance submitted to voters authorized using the proceeds for the other project. If it set a separate amount for each project without reallocation language, the county…
Did South Carolina public-school speech therapists need a master’s degree in 2012?
The AG predicted a court would not find the state education department had improperly certified speech-language therapists with bachelor’s-level education under the rules then in force. It said…
Does a Tennessee medical spa worker need a separate aesthetics license to provide facials and skincare under a doctor's supervision?
No separate aesthetics license is needed if the service also falls within a medical practice, the worker is licensed for that practice, and the worker performs it solely in a medical-professional…
Could a South Carolina private guard swear out an arrest warrant after an on-property arrest?
The AG concluded a licensed guard who lawfully arrested someone on assigned property should swear out a warrant before a magistrate. The guard’s law-enforcement authority ended at the protected…
Is Tennessee's $115 handgun carry permit fee, or the fine for carrying without one, an unconstitutional burden on the right to bear arms?
No. A permit fee that defrays administrative costs of regulating a constitutional right is permissible (Cox v. New Hampshire), and the AG cited federal cases upholding handgun-permit fees up to…
Can a bail bond board take away an attorney's right to write bail bonds over a felony conviction in Texas?
The Attorney General concluded that a county bail bond board may suspend or revoke an attorney's authority to write bail bonds based on a felony conviction only when the felony grew out of conduct…
When does a state agency's demand to repay grant money count as a debt to the state in Texas?
The Attorney General concluded that a state agency's demand letter seeking repayment of grant funds, based on an unadjudicated claim that the grantee breached the contract, does not by itself create…
Can a Texas veteran use the Hazlewood Act tuition exemption without first using up their Post-9/11 GI Bill benefits?
The Attorney General concluded that the Texas Higher Education Coordinating Board had authority to adopt a rule that would let a veteran who qualifies for the state Hazlewood Act tuition exemption…
Could a South Carolina nonresident qualify for a 2012 lifetime hunting and fishing license through property owned by an LLC?
No. The AG concluded that the temporary 2012 license provision required the individual applicant to have personally held title to South Carolina land for five years. Title held by a corporation or…
Does Tennessee's 2012 nonviolent-expungement law require the $350 filing fee plus the general $100 clerk fee?
$350. The fee for filing an expungement petition under 2012 Tenn. Pub. Acts ch. 1103 is $350; the $100 expungement fee in Tenn. Code Ann. § 8-21-401 does not apply on top. The specific Chapter 1103…
Can a Tennessee sheriff make a city police department keep transporting a mentally-ill detainee, and who pays for it?
A Tennessee sheriff may designate a municipal law enforcement agency as a secondary transportation agent under Tenn. Code Ann. § 33-6-901, and the agency cannot refuse. The sheriff or agent may…
Did a South Carolina sheriff have to repay another agency for an officer’s optional training in 2012?
No under the cited reimbursement statute. The AG said it covered mandatory training and related costs incurred while the officer attended it, not separate optional courses. Whether a particular…
Can a Florida water management district adopt a local-preference policy favoring businesses inside the district?
No, not on its own. The Attorney General concluded that the Suwannee River Water Management District is limited to the procurement procedures set out in the statutes and has no authority to adopt a…
Can a Florida county spend public funds and enter private property to fix storm damage during an emergency?
Yes, but only under a declared local emergency, and the county should get the owner's consent before entering. The Attorney General concluded that the State Emergency Management Act lets a county…
Can a Florida county require other owners in a planned development to consent before accepting a rezoning application?
The AG knew of no Community Planning Act provision or common-law right allowing a county to require other landowners' consent before accepting a rezoning application and warned that such a…
Can a city audit committee retroactively ratify a defective request for proposals issued by a staff officer?
No. The Attorney General concluded that an audit committee's statutory duty to create the request for proposals for a local government's financial audit cannot be delegated to a finance officer, and…
Could an active South Carolina sheriff serve on the Public Employee Benefits Authority board in 2012?
Yes, in the representative seat reserved for an active or retired Police Officers Retirement System member. The AG read the appointment as ex officio for active officers and concluded the…
How were short sale proceeds to be divided between property taxes and bond assessments in a South Carolina forfeited-land sale?
The AG could not settle the allocation. It identified three possible approaches when a forfeited land commission resold property for less than the taxes and assessments due, but could not predict…
Could a South Carolina city council use a simple motion instead of a written resolution in 2012?
Generally yes for business that did not require an ordinance or a particular form under another law. The AG said a resolution could take the form of a motion; the city council retained discretion…
Could the Lugoff Fire District issue bonds and set debt-service millage without Kershaw County approval?
The 2012 AG said district commissioners set the amount of bonds under the cited statute, subject to a voter election, while county approval was required for the annual budget that included debt…
Can a Florida school district pass a new 2-year millage referendum without voiding a 4-year millage voters already approved?
Yes. The Florida AG read the two subsections of section 1011.73 as operating independently, so a school district could ask voters to approve a 2-year millage increase under subsection (1) without…
Does a Florida no-contest plea to misdemeanor domestic violence with adjudication withheld bar owning a gun?
No. The Attorney General concluded that under Florida law a plea of nolo contendere (no contest) to a misdemeanor domestic violence charge, with adjudication of guilt withheld and probation imposed,…
What protection do unpaid Tennessee emergency-management volunteers have if they're hurt on the job?
Unpaid TEMA volunteers are excluded from state workers' compensation; general tort law is likely their only injury remedy. They receive the same tort immunities as state employees and are entitled…
What counts as 'valuable consideration' under Florida's ban on paying for the privilege of towing cars from private property?
The AG explained that 'valuable consideration' in Florida's towing statute means something that confers a measurable pecuniary benefit, not just money. Whether any particular arrangement crosses…
Can San Antonio and VIA spend transit sales tax on a streetcar if voters were told the money would not fund light rail?
The Attorney General declined to decide whether preelection statements, including a VIA election brochure and a reported VIA board resolution saying advanced transportation district (ATD) sales tax…
Can a prosecutor charge someone with murder years later if the victim dies long after the original assault?
The Montgomery County Attorney asked whether an adult could be prosecuted for murder over a 1998 assault he committed at age 13, where the victim did not die until 2011, and whether doing so would…
If a Virginia coal hauler has the right permit and the load fits within the bed, can it skip the scales and avoid weight enforcement?
No. Section 46.2-1143 lets a permitted six-axle coal hauler carry up to 110,000 pounds gross, but no more. The statute doesn't exempt anyone from being weighed, and the 'load below the bed line'…
Does a Virginia registered office alone qualify a corporation to serve as a deed-of-trust trustee?
No. The corporation must have its principal office in Virginia. The AG used the Title 13.1 definition: generally the office of its principal executives, or, if there are no such offices, the office…
Did a South Carolina PEBA board seat count as a public office for dual-office rules in 2012?
The AG predicted a court would treat PEBA board membership as a public office. The board’s statutory creation, fixed terms, pay, and power over state retirement programs indicated an exercise of…
If a charter county wants to sell county-owned property by local law instead of using the standard County Law procedure, does the local law need a two-thirds supermajority or just a simple majority?
A simple majority is enough. A charter county can supersede County Law § 215's two-thirds requirement, but it cannot supersede the simple-majority floor that the Municipal Home Rule Law sets for any…
Can a South Dakota qualified charitable organization run a bingo game at multiple locations simultaneously via video simulcast, with one single prize pool funded by card sales at all the locations together? And does the answer change if multiple qualified organizations jointly run the simulcast bingo?
Yes to both. SDCL chapter 22-25 governs charitable bingo through general requirements (qualified-organization status, no individual benefit, no professional operators, compensation limits, $2,000…
Where can I legally drive a golf cart in Texas, and do the golf-course rules apply inside my neighborhood?
The Attorney General read section 551.403 of the Transportation Code as listing separate places a golf cart may legally be driven: in a qualifying master planned community, on a public or private…
Can a Texas tax office refuse to transfer my property tax lien to a tax lender, and what costs does that lien cover?
The Attorney General concluded that transferring a property tax lien under section 32.06 of the Tax Code is a ministerial act. Once a taxpayer authorizes a transferee to pay the taxes and the…
Does Texas have to reveal which retailers a beer or liquor distributor sold to when it shares sales data?
Alcoholic beverage distributors file confidential monthly sales reports with the Texas Comptroller under Tax Code section 151.462. A narrow exception in section 111.006(h) requires the Comptroller…
Could South Carolina highway patrol prosecute union handbilling beside a road in 2012?
The AG said the roadside solicitation statute remained enforceable and predicted it was facially content-neutral, but declined to decide whether the union’s particular handbilling solicited…
Can a Tennessee county charter commission spend public money campaigning for the new charter in a local referendum?
No. Tenn. Code Ann. § 5-1-208(c) permits a charter commission to use public funds only to inform voters about the contents of the proposed charter, not to advocate for or against its adoption.…
Are the UConn Health Center's lease payments for a new Ambulatory Care Center backed by the State of Connecticut, or could the legislature cut off appropriations and stop the payments?
The Connecticut AG concluded that the UConn Health Center's lease payments under the proposed Ambulatory Care Center financing create legal obligations of the State of Connecticut. They are not…
Can a Tennessee court clerk use leftover money from a tax sale to pay later property taxes on the same parcel?
A Tennessee court clerk holding overage funds after a delinquent tax sale cannot pay other property taxes that come due unless the court's order specifically directs it. Under Tenn. Code Ann. §§…
Does Tennessee require a digital forensics provider, or someone who reviews its data, to hold a private investigator license?
Digital forensics providers that 'obtain or furnish information' for purposes listed in Tenn. Code Ann. § 62-26-202(6) need a Tennessee PI license, but many will qualify for the consultant exemption…
Can Arizona's Board of Technical Registration investigate and refer criminal cases under the meth-lab remediation law, or only handle civil penalties?
No. The AG concluded that A.R.S. § 12-1000 gives the Board limited authority to investigate notice-of-removal violations and impose civil penalties up to $2,000 on real-property owners who knowingly…
What expenses counted toward a South Carolina extraordinary retailer’s tourism tax benefits in 2012?
The AG said land, building, and site preparation could count toward the required capital investment even when the retailer leased the building, while a separate hotel built to serve the store could…
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