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How far can a Washington county board of commissioners go in signing long-term contracts that lock in current policy choices and limit what future boards can do?
Not as far as the board of the day might wish. The case law bars contracts that bind 'core legislative powers' of future commissioners, but allows contracts that carry out 'administrative' or…
Could a Texas county add restrictions or exemptions to a burn ban, and could it regulate activities excluded by section 352.081(f)?
A commissioners court could adopt restrictions, limitations, or exemptions within a burn ban under section 352.081(c). It could not regulate the outdoor-burning activities that subsection 352.081(f)…
Could a Texas commissioners court remove proposed elected-official raises at the final budget hearing without renewed notice and a grievance opportunity?
No. The AG concluded that removing proposed raises without renewed notice and an opportunity to use the salary-grievance process violated chapter 152. The officials were not automatically entitled…
Who could record a Texas deposition solely by video or other nonstenographic means under Rule 199.1?
A party, the party's attorney, or a full-time employee of either could record a deposition solely by nonstenographic means under Rule 199.1 without violating Government Code section 52.021(f).
Can a Tennessee court demand an explanation for an unpaid fine when the defendant's installments are being applied to taxes and costs?
The AG said no when the defendant follows the installment plan. The statute directs the clerk to credit payments to litigation taxes first, then costs, then the fine; the court cannot 'show cause'…
Does Tennessee owe rollback property taxes when it buys greenbelt land using the Wetlands Acquisition Fund?
No. The Tennessee AG concluded that the rollback-tax obligation does not apply when the state acquires greenbelt land through the Wetlands Acquisition Fund, because the fund cannot use eminent…
Can the Tennessee Department of Labor exempt an employer from paying private-sector wages on time?
No. The Tennessee AG concluded that no statute lets an employer or the Commissioner of Labor grant an exemption from the wage-payment rule in Tenn. Code Ann. § 50-2-103(a). The Commissioner can…
Could a South Carolina voter film a marked ballot and post it online?
The 2012 AG said a voter who let others see a marked ballot through video, a phone, or another medium with apparent intent to reveal the vote could be found in violation of ballot-secrecy…
When a county or township highway intersects with a state trunk highway, whose money pays to maintain the connecting roadway surface that sits within the state's right-of-way? Does the prior history of the connecting roadway (private driveway, then county road) change the answer?
The second or intersecting highway's government pays. Under SDCL 31-24-9 (as amended in 2010), the government entity that owns the second-in-time intersecting highway is responsible for constructing…
Can a Texas child under 17 who is tried as an adult be held in a jail that does not separate them from adult inmates?
No. The Attorney General concluded that even when a child under seventeen is transferred to adult criminal court for prosecution, article 4.19 of the Code of Criminal Procedure did not let officials…
Is it illegal gambling in Texas to charge an entry fee for an online quiz contest with prizes?
Maybe not. The Attorney General advised that if an online contest genuinely turns on knowledge, skill, or speed and involves no element of chance, a court could conclude the entry fee is not a 'bet'…
When can a Texas county hold an election to create an emergency services district?
The Attorney General concluded that, for Navarro County in 2012, the next available date to hold an election creating an emergency services district was November 6, 2012, the November uniform…
What ID do you need to get a Texas residence homestead property tax exemption?
The Attorney General concluded that only a driver's license, personal identification certificate, or vehicle registration receipt issued by Texas can satisfy the documentation rules in Tax Code…
Who prosecutes violations of a Texas water district's criminal rules?
The Attorney General concluded that who prosecutes a violation of a water control and improvement district's criminal regulation under chapter 51 of the Water Code depends on the court where the…
Does Texas's ballot-language law for bond and tax votes apply to junior college district elections?
Yes. The Attorney General concluded that subsection 52.072(e) of the Election Code, which requires a bond or tax ballot proposition to state specifics like the total principal amount of the bonds or…
Can an ENT doctor who sells hearing aids serve on Texas's hearing-instrument examiners board?
It depends, and the opinion left the call to the board. Occupations Code subsection 402.053(d) bars the physician member of the State Committee of Examiners in the Fitting and Dispensing of Hearing…
Could a South Carolina county council order its elected treasurer to staff a new satellite office?
The 2012 AG concluded that Jasper County Council and its administrator could not require the elected treasurer to operate or staff a satellite office. The council could fund an additional position…
Does a mayor's office have to hold open meetings under Delaware's open meetings law?
No, under the law as it stood in 2012. The AG found the Wilmington Mayor's Office is exempt from FOIA's open meeting requirements because its entire decisionmaking authority rests with one person,…
Could California police release an impounded car before 30 days when the driver lacked a valid license?
Yes, when the vehicle was impounded under the discretionary authority of Vehicle Code section 22651(p). The Attorney General said that route remained available even when section 14602.6(a)(1)'s…
If a Tennessee charter school moves to a bigger building, can it enroll more students than its charter agreement allows?
No. The Tennessee AG concluded that if a charter agreement caps student enrollment, the charter school is bound by that cap until the agreement is amended through the statutory process. Moving to a…
Could a South Carolina officer arrest a suspected shoplifter based on a store employee’s report?
The 2012 AG said a shoplifting misdemeanor could be charged by uniform ticket, with a warrantless arrest, when the officer had probable cause from the full circumstances to believe it had been…
Could Pioneer Rural Water District build a new water treatment plant under its South Carolina charter?
The 2012 AG said Pioneer Rural Water District’s charter primarily authorized a water distribution system, not an express treatment-plant power. A court might nevertheless find construction…
When did ordinary Kentucky laws from the 2012 special session take effect?
The AG calculated July 20, 2012, for ordinary acts from the 2012 extraordinary session. The Assembly adjourned April 20, and the 90 full days required by Section 55 ended July 19; appropriation…
Can a Tennessee church run a Parents' Day Out program more than two days a week if no individual child attends more than two days?
No. The Tennessee AG concluded that the licensure exemption in Tenn. Code Ann. § 71-3-503(a)(7) limits the church's program itself to no more than two days per week and six hours per day. The…
Is the VA's VAFL 27-333 letter the only document a Florida property appraiser can accept to grant a disabled veteran's property tax exemption?
No. The AG concluded that the federal VAFL 27-333 letter was not the only acceptable proof. Section 196.081(1) requires a letter from the United States Government or the U.S. Department of Veterans…
Can Florida educational property get a tax exemption when one company owns the school and a separate company owns the land, even if the same people own both?
No. The AG concluded that section 196.198 deems property 'owned by an educational institution' only when the entity owning 100% of the school is owned by the identical persons who own the real…
Can a Florida county let its code enforcement officers carry firearms on the job, and do officers who are also certified police get law-enforcement benefits?
No on both counts. The AG concluded that a code enforcement officer is not authorized to carry a firearm within the scope of that job, and that designation as a code enforcement officer does not…
Does a Florida development permit get extended automatically after a state of emergency?
The AG concluded that section 252.363 tolls and extends development permits after the Governor declares a state of emergency, but the city has no duty to act to grant the extension. The burden is on…
Does a private business leasing public airport land have to post a payment and performance bond to build on it under Florida's Little Miller Act?
Yes. The AG concluded that because the ground lease made any improvements the property of the Sanford Airport Authority (a governmental entity), the construction was a 'public work' under section…
Can a Florida newspaper that only recently switched to weekly publication run legal notices, even if it published twice a month for over a year?
No. The AG concluded that a newspaper must have been published on a weekly-or-more-often schedule for one full year before the first publication of a legal notice to qualify under Chapter 50. A…
If a Connecticut state marshal is also a retired police officer eligible to carry under federal law, can the State Marshal Commission still require him to follow its firearms policy?
Yes. The Connecticut AG concluded the State Marshal Commission can require any marshal, including one who is also a 'qualified retired law enforcement officer' under federal LEOSA, to comply with…
Could a South Carolina town refuse a tax-only payment when its bill also included a municipal fee?
The 2012 AG found no law requiring a municipality to accept a payment covering only taxes while leaving fees on the same bill unpaid. A lien-backed fee might support foreclosure or a delinquent tax…
Were below-cost gasoline sales illegal in South Carolina under the 2012 law?
The 2012 AG said selling gasoline below acquisition cost plus taxes and transportation could violate state law when the intent or effect was to destroy or substantially lessen competition or injure…
Who approves spending from a Texas district attorney's asset forfeiture fund?
The Attorney General concluded that a district attorney's asset forfeiture spending may proceed once it is approved by a regional review committee under Government Code section 24.377, even after…
Can a nurse with a nondisclosure order keep their criminal record out of the nursing board's disciplinary order?
Probably not. The Attorney General concluded that a court would likely find section 411.081 of the Government Code does not require the Texas Board of Nursing to redact or seal criminal history…
Could a South Carolina county or city calculate a business license tax from gross income?
The 2012 AG said both county and municipal business license taxes were required by statute to use gross income rather than net income. It distinguished a county business registration fee, which the…
When a senior citizen's property is foreclosed for delinquent taxes and ends up in the county's hands, does the Washington Department of Revenue's lien for unpaid deferred taxes survive? If the county later sells the property, does the Department get paid first?
The state's deferral lien is canceled when the county takes title at tax foreclosure. When the county later sells the property, the state shares in the proceeds as a taxing district under RCW…
Could South Carolina’s State Treasurer request investment records from fellow public pension fiduciaries?
Yes. The Attorney General reaffirmed that the Retirement System Investment Commission, Budget and Control Board, and State Treasurer owed duties to the retirement trust and should keep one another…
What identification could a South Carolina precious-metals dealer accept from a seller in 2012?
The Attorney General said a seller without a driver’s license needed other positive identification with a photograph and identifying number, but the statute did not list every acceptable document.…
Could municipal court staff sign an absent officer’s name on a replacement traffic ticket after a plea bargain?
No. The Attorney General said court staff and judicial officers lacked authority to issue a replacement uniform traffic ticket or sign for the absent officer. If the original charge was lawfully…
Can Tennessee require workers' comp pain-management recipients to agree to random drug testing as a condition of treatment?
No. The AG concluded that a bill (Senate Bill 3315/House Bill 3372) conditioning pain-management treatment on signing a random-drug-testing agreement was likely unconstitutional under the Fourth…
When did ordinary laws passed in Kentucky's 2012 legislative session take effect?
The AG calculated July 12, 2012, as the effective date for 2012 regular-session laws without an emergency or delayed-date provision, apart from general appropriation measures. The 90 full days began…
Could a Kentucky city annex one property or a road without a public vote?
The 2012 AG said a city could annex an individual qualifying property, but a road-only annexation needed a valid municipal purpose. Written consent from every affected owner allowed a single…
Which Kentucky agency could administer HUD Section 8 rental subsidy contracts statewide?
The 2012 AG said the Kentucky Housing Corporation alone had statewide statutory authority under Kentucky law to administer these HUD contracts. Local and regional housing authorities were limited to…
Could the surviving spouse of a fully disabled Texas veteran who died in 2011 claim the new 2012 homestead exemption, and was the veteran's 2011 exemption prorated?
Yes. A veteran's death in 2011 did not bar an otherwise qualified surviving spouse from the exemption beginning in 2012. The veteran's own subsection 11.131(b) exemption also continued for the…
Could the Texas Department of Public Safety contract with a county tax assessor-collector to issue driver's licenses and identification cards?
No. The AG concluded that DPS alone had statutory authority to issue driver's licenses and personal identification certificates, while counties lacked that authority. Because each…
When could a South Carolina deputy coroner carry a handgun in 2012?
The Attorney General said a deputy coroner who had the required handgun training and certification could carry while performing official duties, including travel to and from those duties. Class III…
Can a Florida city manager also serve as a reserve police officer in another county or city without breaking the dual office-holding ban?
Likely not. In an informal advisory letter, the Attorney General's Office indicated that both city manager and certified reserve police officer are 'offices' under Article II, section 5(a) of the…
Could a road or right of way between Lexington and a parcel defeat municipal annexation contiguity?
The Attorney General said an intervening road or right of way did not by itself defeat contiguity under South Carolina annexation law. It declined to decide whether the particular Lexington parcel…
Does a Delaware zoning board have to let the public comment before ruling that a building-permit appeal was filed too late?
No, under the law as it stood in 2012. The AG found the Rehoboth Beach Board of Adjustment's notice of an appeal hearing adequately covered a threshold ruling on whether the appeal was filed on…
Which congressional districts governed South Carolina DOT commissioner elections during the 2012 redistricting transition?
The Attorney General said vacancies in existing DOT districts should be filled using the old district lines until newly elected members of Congress took office. It also concluded that the new…
What court order did South Carolina police need to install a GPS tracker on a vehicle in 2012?
The Attorney General said installing a GPS device on a person’s vehicle and monitoring it was a search. Under the statute it analyzed, the Attorney General or a circuit solicitor could apply for an…
Could one person serve on both the Edgefield County Hospital Board and county transportation committee?
The Attorney General concluded that simultaneous service violated South Carolina’s constitutional ban on holding two public offices. It regarded membership on each body as a public office for that purpose.
What interior design work can a non-registered designer do in Tennessee without an architect or engineer, and can interior designers use their own seal on plans?
Non-registrants may prepare some nonstructural interior design plans, but work affecting life safety or outside the statutory exemptions may require a registered architect or engineer. No Tennessee…
After amendments, does Tennessee's drug-testing-for-TANF bill still raise Fourth Amendment problems?
The AG said testing under Amendment 2 would likely be unconstitutional where a past arrest or conviction did not provide individualized suspicion of current drug use. Amendment 3, requiring reason…
Can Tennessee require people challenging an equine slaughter license to post a bond worth 20% of the facility's cost just to file suit?
Probably not, the opinion said. HB 3619/SB 3461 required anyone challenging an equine slaughter facility license to post a surety bond equal to 20% of the facility's building cost or operational…
Could a South Carolina city council member with a concealed-weapons permit carry at a council meeting in 2012?
The Attorney General said no. A permit did not authorize carrying into a municipal governing-body meeting or other prohibited premises, and the city could not override state firearm law by ordinance.
Did a federal income-tax exemption remove a Beaufort County club or HOA from the business license tax?
The Attorney General said an income-tax exemption did not automatically exempt a private club or homeowners’ association from Beaufort County’s business license tax. The ordinance’s gross-receipts…
After North Charleston annexed land served by fire districts, could the districts keep collecting fire taxes?
The Attorney General said the Ashley River and Old Fort fire districts could continue receiving taxes from the annexed area until a service plan was made or their rights changed through the…
Could Abbeville County’s school board raise operating millage without county council approval?
The Attorney General treated the school board as the local governing body but said local legislation ordinarily required county council approval for a millage increase. The board could act without…
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