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Could Patriots Point move the Cold War Submarine Memorial to build another museum in 2012?
The AG concluded the memorial could not be relocated, removed, disturbed, or altered under its reading of South Carolina’s public-monument statute. It also noted the World War II memorial on the…
Under Virginia's public-funds investment law, does 'domestic bank' mean only Virginia banks or any U.S. bank?
Any U.S. bank. Va. Code § 2.2-4509 lets localities invest in negotiable CDs at 'domestic banks.' Reading the term alongside Virginia's banking statutes, which incorporate the federal definition of…
Can the Virginia General Assembly hand off the job of redrawing Baylor grounds oyster boundaries to the Marine Resources Commission?
Yes, but only if the statute setting up the delegation contains specific policies and definite standards to guide the Commission. A naked grant of authority would fail the nondelegation doctrine.
Can a New York town transfer a town cemetery to a village within its borders without special legislative authorization?
The AG concluded that a town could not transfer a town-owned cemetery to a village under General Municipal Law § 72-h. Town cemeteries are inalienable by state law unless interments are removed, and…
If a New York village has a police department, must it employ a chief of police, or can the village board eliminate the position when the current chief retires?
The AG concluded that a New York village that has a police department must also have a chief of police under Village Law § 8-800(1), unless the 1985 grandfather clause applied (no chief in place…
After Colorado redrew its congressional and legislative districts following the 2010 census, did the Secretary of State have to recalculate candidate petition signature requirements as if the prior elections in those districts had not happened?
No. The AG concluded that Colorado's petition signature statutes (§§ 1-4-801(2)(b) and 1-4-802(1)(c), C.R.S.) required the lesser of an enumerated number or a percentage of votes cast in the…
Could a South Carolina home school student join a public school JROTC program for credit in 2012?
The AG predicted the Equal Access to Interscholastic Activities Act covered Junior ROTC even when it awarded academic credit. It concluded a home school student who met the other statutory…
Could a South Carolina high school league bar otherwise eligible home school students from football in 2012?
The AG said the equal-access statute controlled league rules and covered otherwise eligible home school, Governor’s School, and charter school students. It also concluded JROTC was covered despite…
Could South Carolina magistrate jury lists include licensed drivers who were not registered voters in 2012?
Yes. The AG said a 2004 amendment required magistrate jury lists to follow the merged voter and eligible driver or identification-cardholder source used for circuit juries, and it overruled its…
When Virginia acquires land it already holds a conservation easement on, does the easement disappear?
No. The AG concluded that a conservation easement under the Virginia Conservation Easement Act or the Open-Space Land Act was not extinguished by the common law merger-of-estates doctrine when the…
Could South Carolina public works board members attend a public meeting by telephone in 2012?
The AG said the Bamberg Board of Public Works could hold a telephone conference meeting if it met all Freedom of Information Act requirements and no law required physical presence. It did not give a…
Could on-duty Kentucky firefighters interview and endorse city commission candidates at union meetings?
The 2012 AG said no for the Newport firefighters described. Voting to endorse candidates and interviewing them for an endorsement while on duty were political activity barred by KRS 95.470(4); the…
Can a Tennessee bail bond company file a criminal failure-to-appear case against a defendant who skipped court?
No. A failure to appear under Tenn. Code Ann. § 39-16-609 is a criminal offense that only the State of Tennessee, through the district attorney general, can prosecute. A bonding company can swear…
Once bail is set by a Tennessee judicial commissioner, who can change it, and can a bonding company sue over the way bail is set?
A general sessions judge can alter bail prior to bind-over with written reasons; a judicial commissioner cannot alter bail once admitted. Reduced bail with a cash-deposit option is allowed if the §…
Did Maryland have to certify an online absentee ballot-marking wizard as a voting system?
The Attorney General concluded that the proposed stand-alone absentee ballot-marking wizard for military and overseas voters did not itself cast or count votes or interact with the certified voting…
Could a South Carolina city add a flat fire-protection charge to utility bills in 2012?
For city customers, the AG said a new service fee required an ordinance, a positive-majority vote, public notice, and a hearing; the fee’s validity depended on its actual benefit and use. For…
Could South Carolina education officials require charter applications by May 1 and screen them for completeness in 2012?
The AG found the May 1 deadline reasonably tied to statutory approval timing and allowed staff completeness screening before advisory review, provided it did not unreasonably delay an application.…
Could a South Carolina municipal court require a traffic defendant to plead within ten days of arrest in 2012?
No. The AG reaffirmed that the traffic-specific statute barred a compelled plea before ten days had elapsed, despite the municipal speedy-trial provision. A defendant could voluntarily plead or…
Does a Texas event have to apply first before it can get Major Events Trust Fund money?
The General Land Office Commissioner asked whether an event can draw on the state's Major Events Trust Fund if a site selection organization picked the Texas site before any local entity applied.…
Can my Texas city ban alcohol sales within 1,000 feet of a public school?
The Attorney General concluded that a home-rule city with a population under 900,000 cannot, on its own, adopt an ordinance banning alcohol sales within 1,000 feet of a public school. The Alcoholic…
Can a Texas water district build or operate inside another district's boundaries without permission?
A state representative asked whether the Brazoria County Conservation and Reclamation District Number Three could carry out works inside another district's boundaries without a contract or…
Can a Texas county keep a handling fee out of my cash bail refund?
The Attorney General concluded that, after a 2011 amendment to article 17.02 of the Code of Criminal Procedure, a county can no longer deduct an accounting and administrative fee from the refund of…
Can a Tennessee officer given a Garrity advisory be called to testify in another officer's criminal trial?
Yes. The AG concluded that Garrity immunity protects the speaker from his own statements being used against him, not from being called as a witness against someone else. The phrase 'These statements…
Could a Kentucky tourism commission use hotel or restaurant tax receipts to support a private hotel?
The 2012 AG said transient room tax receipts could not subsidize a hotel, motel, or restaurant. Restaurant tax receipts could help pay hotel-related municipal bonds or tourism-linked civic…
Can a Florida city ask voters to approve height and density increases for a redevelopment district that doesn't exist yet?
The AG would not pass on the proposal's validity, but cautioned that Florida law requires a ballot to give voters clear, fair notice. The city's plan to make all five height-and-density questions…
Can a Florida clerk of court make advance payments of county funds, and must an MSTU's electrical project be competitively bid?
The AG explained that a clerk of court can make advance payments of county funds when section 28.235 and the Chief Financial Officer's rules allow it, though whether a given project qualifies is a…
Would a proposed South Carolina bill force Cayce to give an airport district city utility rates for earlier annexations?
The AG predicted the proposed bill would apply prospectively unless the legislature clearly required retroactive operation. It said retroactive changes might impair existing utility and bond…
Did Maine's 2012 AG opinion say the Penobscot Nation or the State has authority to regulate hunting and fishing on the main stem of the Penobscot River?
The AG concluded that the Penobscot Nation may regulate hunting on, and restrict access to, the islands from Medway to Old Town that make up its Reservation, but may not regulate activities on the…
Can a Florida special district extend a continuing engineering contract without re-bidding under the Consultants' Competitive Negotiation Act?
The AG said the district's engineering contract appeared to have a fixed term of up to five years and would be subject to renegotiation and renewal at that point. In informal comments, the office…
Can a Florida city council member also serve as county emergency management director, or does the dual office-holding ban block it?
No. The AG concluded the county emergency management director holds an 'office,' not mere employment, so a sitting city council member could not hold both at once under Article II, section 5(a) of…
Can village park rangers in Suffolk County issue Vehicle and Traffic Law tickets while traveling on public streets between parks?
The AG concluded that village park rangers in Suffolk County could issue Vehicle and Traffic Law tickets within village parks (state law gave them that authority directly), but not on public streets…
Can the same person serve as a county legislator and as a town historian in New York?
The 2012 informal opinion concluded that the position of town historian was compatible with serving as a member of the County Legislature. The county historian's role over town historians was…
In Connecticut, can a city sheriff (Bridgeport, Norwalk, etc.) serve a support enforcement capias, or only a state marshal?
Yes. The Connecticut AG concluded that a Connecticut city sheriff whose office is established by municipal charter (such as Bridgeport's) has the authority to serve civil capias warrants, including…
Can a Florida company be a building-code 'private provider' just by hiring a licensed architect or engineer?
A business entity could qualify as a 'private provider' for building plan review and inspections only if the business itself is licensed or certified under Chapter 471 (engineering) or Chapter 481…
Can a Florida special district buy land with a boat ramp, and must the ramps be open to the public if it does?
The AG concluded the district could buy boat-ramp land if its board found the purchase mainly serves the district's job of maintaining the lakes and dams. But restricting the ramps to district lot…
Can classroom teachers help decide how a Florida school spends its School Recognition Program award money?
Yes. The AG read 'school's staff' in section 1008.36 broadly enough to include classroom teachers, so teachers could take part in the joint decision with the school advisory council about how…
Does federal drug law override Arizona's voter-approved medical marijuana law, and can the state still issue patient ID cards even if dispensary operations are preempted?
In part. The AG concluded that the federal Controlled Substances Act preempts AMMA provisions and DHS rules that authorize cultivating, selling, or dispensing marijuana, because authorizing what…
Can a Florida city charge a residential rental registration fee or a new business tax to regulate rentals?
Because the city had already enacted its fee, the AG gave only informal comments. A city may charge a residential rental regulatory fee that reasonably covers enforcement costs, but a 2011 state law…
How far offshore did a South Carolina gambling cruise have to sail before gambling under the 2012 AG opinion?
The AG interpreted South Carolina territorial waters under the Gambling Cruise Act as extending three geographic miles seaward from the mean low-water line of the state’s naturally occurring coast.…
Can Tennessee voters sign annexation or incorporation petitions with electronic signatures collected online?
No. The AG concluded Tennessee's UETA does not require local governments to accept electronic signatures on incorporation, annexation, de-annexation, or merger petitions. State election statutes…
Can Oregon use the 3 percent ratepayer surcharge on electric bills to subsidize small renewable energy projects, even when those same projects sell power to utilities at federally regulated 'avoided cost' rates under PURPA?
Yes. The AG concluded the federal Public Utility Regulatory Policies Act of 1978 does not preempt Oregon's public-purpose-charge subsidies. PURPA limits federally mandated wholesale purchase rates…
Can a Florida special district or airport authority buy goods and services off state term contracts?
The AG concluded that the Sebring Airport Authority, a dependent special district, is an 'eligible user' under section 287.056(1), Florida Statutes. So it could buy commodities and contractual…
Who fills a vacancy on a Florida special district board, and can the board keep operating while short a member?
The AG concluded that vacancies on the board of trustees of a mobile home park recreation district are filled by the remaining trustees under section 418.302(5), Florida Statutes, not by the…
Do back-to-back board terms with a break in between count toward a Florida term limit?
The AG concluded that someone who served one four-year term, took a one-year break, then served a second four-year term had not served two 'consecutive' full terms. So under the Bay Medical Center…
What happens to a Tennessee county commission seat when the elected member turns out not to live in the district?
The seat is automatically vacant once the residency failure is established, with no judicial determination needed; the county legislative body cannot retroactively redraw district lines to fix it;…
Could Lafourche Parish change the number and appointment method of its tourist commission directors by ordinance?
No. The AG concluded that state law required seven Lafourche tourist commission directors appointed by the parish governing authority from tourism-group nominee lists. The parish ordinance's…
Does a Texas city need an election to sell its sewer system to a river authority?
The Attorney General concluded that a Texas municipality generally must hold an election under Government Code section 1502.055(a) before selling a utility system. But there is an exception: when a…
Can a Tennessee municipal hearing officer make an initial code-violation finding and then conduct the requested hearing?
Yes. The AG concluded the Municipal Administrative Hearing Officer Act (Tenn. Code Ann. §§ 6-54-1001 to -1018) satisfies due process. An officer can make an initial determination and then conduct…
Can a Texas county lease its school land and require the tenant to pay for upkeep?
The Attorney General concluded that a Texas county is generally authorized to lease its county school land under a lease that requires the lessee to spend money on land management and maintenance.…
If a quorum of a board shows up at a committee meeting, does the Open Meetings Act apply?
The Attorney General concluded that if a quorum of a governmental body's board attends one of its committee meetings and there is deliberation about public business or policy the board controls, the…
Can a Delaware city withhold police officers' names from public salary records?
No. The AG concluded that Wilmington police officers' salary and compensation records are public under Delaware's FOIA, and that the Law-Enforcement Officers' Bill of Rights, which protects officers…
Can a Washington charter county suspend a treasurer after a civil or criminal action alleging official misconduct is filed?
Yes. RCW 36.29.090 lets the legislative authority of a charter county suspend a county treasurer (or treasurer-assessor, as to treasurer duties) once a civil or criminal action alleging official…
Do Tennessee part-time, reserve, or auxiliary police officers need a security guard license to work off-duty security, and can they wear their police uniform?
Part-time, reserve, temporary, and auxiliary officers need a license for paid security work and cannot wear their primary jurisdiction's uniform while doing it. Their authority also depends on their…
Can Tennessee constitutionally bar public officials charged with on-the-job crimes from pretrial or judicial diversion?
Yes. The AG concluded Chapter 766 of the 2012 Public Acts does not violate the U.S. or Tennessee Constitutions. Pretrial and judicial diversion are not fundamental rights; public officials are not a…
Who owns the money a county crime victims' office raises through donations and fundraisers?
The Attorney General concluded that a court could find that property a county crime victims' office raises through fundraisers and donations belongs to the county, not the office. A crime victims'…
Does an FAA designated engineering representative need a Texas professional engineer license?
The Attorney General concluded that a person the Federal Aviation Administration appoints as a 'designated engineering representative' (DER) likely does not have to be licensed as a Texas…
Could a Kentucky parent qualify as a minority school council member when the child did not?
The 2012 AG said a parent's own race or ethnicity determined eligibility for a minority council seat, independently of the child's. It also interpreted an underrepresented ethnic group by comparing…
Can a Virginia trial court let a person convicted of a felony serve jail time on weekends or nonconsecutive days to keep working?
No. Section 53.1-131.1's weekend/nonconsecutive sentencing option is limited to misdemeanors, traffic offenses, and Chapter 5 of Title 20 (failure to support) offenses. The 1999 amendment narrowed…
Can Tennessee school boards pool resources through an OPEB trust to pre-fund retiree health benefits, and can the school boards association run it?
Yes, with conditions. The AG concluded the OPEB Investment Trust Act of 2006 is the only statutory authority for a county school board to set up an OPEB trust. School boards may pool their boards…
Who runs Lewis County, Tennessee's Highway Advisory Commission, and what does the chair earn?
The Lewis County Highway Advisory Commission has three members: the county mayor (by virtue of office), one member of the county legislative body, and a private citizen. The members elect the chair…
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