State AG Opinions
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Can the West Virginia Board of Pharmacy issue a declaratory ruling that strikes down part of its own enabling statute as void for vagueness, preempted, or unconstitutional?
No. The AG concluded that fundamental principles of constitutional and administrative law forbid the Board of Pharmacy from issuing a declaratory ruling holding W. Va. Code § 30-5-12b void for…
Can Tennessee city or county council members discuss public business over dinner without violating the Open Meetings Act?
Two or more members of a Tennessee governing body sharing a meal and discussing public business potentially raises an Open Meetings Act issue. The discussion is allowed if it does not amount to…
Are Tennessee's residency requirements for alcohol wholesalers and retailers unconstitutional?
Yes. The Tennessee AG concluded that the residency and corporate-asset-location requirements in Tenn. Code Ann. §§ 57-3-203 and 57-3-204 (for wholesale and package retail alcohol licenses) violate…
Could a Kentucky city pay to maintain a flood-control waterway beyond its city limits?
The 2012 AG said a city could not unilaterally spend city funds to maintain a waterway outside its boundaries. It could act jointly under an interlocal agreement with the public agency whose…
Could South Carolina minors help FDA inspectors test illegal tobacco sales without violating state purchase rules?
The 2012 AG concluded that minors working with FDA-commissioned inspectors in authorized tobacco compliance checks could participate without violating the state possession prohibition. It also…
Can a Connecticut municipal housing authority operate statewide, or only inside the city or town that created it?
Only within its municipal boundaries. The Connecticut AG concluded a municipal housing authority is a statutory creature created by a specific town under Conn. Gen. Stat. § 8-40 and may operate only…
Can a retired federal judge officiate a wedding in Texas?
The Attorney General concluded that a retired federal judge is not authorized to conduct a marriage ceremony in Texas. Section 2.202(a)(4) of the Family Code lists the judges who may officiate. It…
Who pays the State Office of Administrative Hearings for a contested case hearing in Texas?
The Attorney General explained how the State Office of Administrative Hearings (SOAH) should bill for a contested case hearing when its chief judge assesses the fee against the party that loses. If…
Can an 18-year-old be charged with truancy for skipping school in Texas?
The Attorney General concluded that a student who is eighteen or older cannot be prosecuted for the failure-to-attend-school offense, even if the school district has a policy requiring attendance up…
Could a California community services district contract for police services without soliciting bids?
Yes, if its Local Agency Formation Commission had approved the district’s latent law enforcement power. The district could contract with a county or other local agency for police services without…
Can a California LAFCO divide a large unincorporated island to use streamlined city annexation?
No. The 2012 opinion read the streamlined procedure as requiring annexation of the entire qualifying island. A LAFCO could not divide an island over 150 acres into smaller pieces to bypass protest…
Can a Virginia locality limit campaign yard signs to a smaller size than other temporary signs?
No. Virginia Code § 15.2-109 says localities cannot prohibit political campaign signs on private property if they comply with the same zoning and right-of-way rules that apply to temporary…
Can a Virginia local or regional housing authority operate statewide without going through § 36-23's locality-by-locality approval process?
No. Local, regional, and consolidated housing authorities are creatures of state law confined to their 'area of operation.' To act outside that area, they must follow § 36-23, which requires the…
Do Tennessee's 2011 damage caps apply to medical malpractice cases against doctors and nurses at public hospitals?
The Tennessee Civil Justice Act of 2011's caps on noneconomic and punitive damages apply to health care liability actions generally, but yield to the Tennessee Claims Commission Act for state…
Can an out-of-state entity administer Idaho's federal Section 8 project-based housing contracts, and which Idaho entities can serve the whole state?
No, an out-of-state entity cannot serve as Idaho's Section 8 project-based contract administrator because only an Idaho statutory housing authority qualifies as a 'public housing agency' under…
Could an out-of-state public housing agency run a Section 8 program in Maryland?
The Attorney General concluded that an out-of-state public housing agency or its instrumentality could not operate as a public housing agency in Maryland merely by qualifying to do business there.…
Can a Texas hospital district sell its hospital and lease it back?
The Attorney General concluded that the Angleton-Danbury Hospital District may sell a hospital facility to a third party and then lease it back to keep providing care for the district's needy…
Must a therapist report child abuse that happened to an adult patient years ago?
The Attorney General concluded that chapter 261 of the Family Code does not require a mental health professional treating an adult patient to report abuse or neglect the professional believes…
Do nearby foreclosure-sale prices count when the appraisal district values my home?
The Attorney General concluded that under section 23.01(c) of the Tax Code, a chief appraiser setting the market value of a residence homestead may not throw out the sale prices of nearby homes just…
Can a small Texas city ban alcohol sales near a public school?
The Attorney General concluded that a Type A general-law city is generally allowed to pass an ordinance banning alcohol sales by a dealer located within 300 feet of a public school. A 1,000-foot ban…
Can a Florida city spend infrastructure sales surtax money on beach erosion projects?
The AG concluded that the local infrastructure sales surtax in section 212.055(2) can pay for building beach erosion control structures and the design and planning studies tied to them, as long as…
Could a South Carolina mayor work at a law firm that handled the city’s bond transactions?
The 2012 AG believed the older low-bid requirement likely had been superseded, though it could not say so with certainty. It said Columbia’s mayor had to disclose his interest in the law firm and…
Can a Texas county vote early to appoint an emergency services district board member?
The Attorney General concluded that a county commissioners court may hold its vote to appoint a member of an emergency services district board on a date before January 1, even though the term itself…
Can a Texas constable set up a payment plan for someone with a justice-court warrant?
The Attorney General concluded that a constable cannot offer payment arrangements or accept partial payment on outstanding justice-court warrants. A constable must execute warrants directed to the…
Can a county elections administrator also handle 9-1-1 addressing and redistricting work?
The Attorney General concluded that a commissioners court may employ the same individual who serves as county elections administrator to also work as a 9-1-1 addressing agent and to help prepare…
Can a Texas constable work paid law enforcement for an HOA in another precinct?
The Attorney General concluded that a constable may not provide law enforcement services for a fee to a private property owners association in a precinct other than the one for which the constable…
Who reconciles a county's special fund accounts, the elected official or the treasurer?
The Attorney General concluded that a county treasurer cannot refuse a request from an elected official to reconcile the checks and payments from special fund accounts under that official's…
Can a Washington educational service district borrow money by issuing bonds, and if so, what statutory framework applies?
Yes. The word 'instrument' in RCW 28A.310.200 is broad enough to include bonds, so educational service districts have bond-issuance authority. They must pledge as collateral the property acquired…
Would elected county treasurer and auditor candidates serve after voters changed the county to a manager system?
The 2012 AG said treasurer- and auditor-elect candidates were not protected by the existing-term statute if a new council-manager form and appointment ordinance were complete before they took…
How did South Carolina define fair market value when calculating real property tax?
The 2012 AG said the tax assessment ratio applied to “fair market value,” but that term had the particular meaning supplied by state tax law. The law set valuation dates and limited some…
Does a Virginia juvenile court have to issue a subpoena to the local social services department before placing a child in its custody?
No. Because the local department is not a party to the proceeding, the statutes only require that it receive notice and an opportunity to be heard, not a subpoena. A court can still issue a subpoena…
Do Virginia tax credits for donations to sectarian schools or charities violate the state constitution's appropriations clauses?
No. The AG concluded that Virginia's constitutional bars on appropriating public funds to sectarian institutions or private schools (Article IV, § 16 and Article VIII, § 10) did not preclude tax…
Can a Virginia driver without a concealed carry permit keep a loaded handgun in the glove box?
Yes. The AG concluded that a person who could lawfully possess a firearm but had no concealed handgun permit could keep a loaded handgun in a vehicle, even within driver or passenger reach, as long…
Did the Virginia Governor have authority to transfer the Dulles Toll Road to MWAA to fund the Metrorail extension?
Under the only available precedent, the Governor was authorized to transfer the Commonwealth's Toll Road interest, though the issue was not conclusively resolved. The MWAA Compact permitted MWAA to…
Can the Idaho Senate originate a bill that creates or raises a fee, or must fee bills start in the House under the Origination Clause?
A reasonable defense exists for Senate-originated fee legislation, but only if the levy is genuinely a fee and not a tax disguised as one. When in doubt, the AG recommended the bill originate in the…
Could a Kentucky property assessor inspect marina docks without the owner's permission?
The 2012 AG said ordinary marina docks were treated as extensions of land and could be inspected under KRS 132.220(3) without the owner present. Docks sufficiently like buildings might qualify for…
Can a Florida city require a voter referendum before its redevelopment agency borrows money?
The office gave informal comments because only one council member asked. Its long-standing view is that the Community Redevelopment Act (Part III, Chapter 163) is so detailed and pervasive that it…
What counted as a current ethics disclosure for a South Carolina incumbent filing for reelection in 2012?
The 2012 AG read a “current” disclosure statement for the incumbent-candidate exemption as the annual statement filed the previous year by April 15. The official still had to file the next annual…
Could a South Carolina police department recover training costs when another agency hired its officer?
The 2012 AG said a later governmental law enforcement employer had to reimburse the first agency when it hired a trained officer within the statutory two-year period, even if the officer had left…
Can a Tennessee county mayor veto the county commission's appointments to the sheriff's civil service board?
No. The Tennessee AG concluded the county mayor has no veto over board appointments. The board acts with a quorum of two of three members. The mayor must designate the chair each year as new…
When recalling a Tennessee district officeholder, do you need signatures from 15% of the whole city or county, or just the district?
The whole city or county. The Tennessee AG concluded Tenn. Code Ann. § 2-5-151(d) requires 15% of the registered voters of the entire municipality or county, even when the recall targets a…
Can Tennessee exempt LLC-owned low-income housing from property tax under the state constitution?
No. The Tennessee AG concluded SB2944 would have been unconstitutional under Tenn. Const. art. II, § 28 because the exemption is reserved for charitable organizations that both own and use property…
When can a Tennessee beer wholesaler remove and replace beer at a retailer for 'quality control' reasons, and what other refunds are allowed?
A wholesaler may pull and replace beer from a retailer at any time after delivery if the wholesaler determines the beer fails 'quality control standards' (deterioration or improper…
Can the Tennessee Historical Commission pay for journals published by private historical societies?
Yes. The Tennessee AG concluded that Tenn. Code Ann. § 4-11-103(b)(2), which authorizes the Historical Commission to administer public funds 'for historical purposes,' is broad enough to fund…
Can a non-lawyer represent a parent at a special education due process hearing in Texas?
The Attorney General concluded that, because Texas generally limits the practice of law to licensed attorneys and the Legislature created no exception for special education due process hearings, a…
Can a Texas county require proof of available water before approving a subdivision?
The Attorney General concluded that Water Code section 35.019 gives a county in a priority groundwater management area only a limited power: to require a developer to show an adequate water supply…
Can you ride an ATV or off-highway vehicle on a Texas public beach?
The Attorney General concluded there is no across-the-board yes or no on driving an ATV or recreational off-highway vehicle on a Texas public beach. The Transportation Code's ban on operating these…
Does a felony conviction automatically remove a Texas constable from office?
The Attorney General concluded that a felony conviction automatically removes a county officer such as a constable from office once all appeals are exhausted, with no further official action needed,…
Do Texas real estate inspectors have to carry liability insurance to keep a license?
The Attorney General concluded that the Occupations Code requires an applicant for a real estate inspector's license to carry liability insurance, and that requirement holds even in the hypothetical…
What must the Texas Comptroller do before spending Major Events Trust Fund money?
The Attorney General concluded that, before the Comptroller may undertake any of the duties for spending Major Events Trust Fund money under section 5A of article 5190.14, she must follow the…
Did Maryland's ban on soliciting business from a roadway prohibit firefighters' charity collections?
The Attorney General concluded that the 2012 version of the roadway statute's ban on soliciting a ride, employment, or business did not include charitable donations such as firefighters' Fill the…
Which South Carolina deputy could prosecute a magistrate-court case when another deputy served the warrant?
The 2012 AG believed a court would treat the deputy who investigated the case and obtained the arrest warrant as the officer able to prosecute it in magistrate court. A deputy whose only role was…
Is the Warm Springs Sanitation Commission protected by sovereign immunity in Virginia?
Yes, but only for governmental functions, not proprietary ones. The Commission qualifies as a municipal corporation under the Virginia Supreme Court's six-attribute test, so the same limited tort…
In Virginia, can a licensed attorney still choose to serve on a jury, and does the jury service exemption cover out-of-state attorneys?
Yes on both. Section 8.01-341(5) exempts practicing attorneys from jury duty but doesn't disqualify them; a lawyer can waive the exemption and serve. The exemption also reaches lawyers licensed in…
Can a Florida value adjustment board member also serve on a city commission?
The AG concluded that a citizen member of a county value adjustment board cannot simultaneously be a member or employee of a municipality, because a city is a 'taxing authority' barred by section…
Can one person be both a value adjustment board special magistrate and a city hearing officer in Florida?
The AG concluded that a value adjustment board special magistrate appointed for a calendar year cannot also serve as a city's hearing officer, even if the two sets of hearings happen in different…
When Colorado merged a homeless-services housing agency into the Department of Local Affairs, did the agency lose its existing HUD contracts, voucher authority, or its name?
No. The AG concluded that H.B. 11-1230 was a type-2 transfer of the Division of Supportive Housing and Homeless Programs (SHHP) into the Department of Local Affairs. SHHP kept its existing…
Could a candidate removed from a South Carolina primary ballot seek the general-election ballot by petition?
The 2012 AG concluded that people removed from a party primary ballot for failing to file required economic-interest statements could seek nomination by petition for the general election. It…
Could a Saluda County resident outside a water authority service area serve on its board?
The 2012 AG said a resident elector of Saluda County could serve on its water and sewer authority even if the person lived inside a municipality or in an area removed from the authority’s service…
Did a South Carolina clerk of court control courthouse offices, a separate family court, and a separate magistrate court?
The 2012 AG said Newberry County’s clerk had custody and management of the county courthouse, including office assignments and keys, apart from building alterations or additions. It extended that…
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