State AG Opinions
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Could a Pinewood town clerk perform daily administrative duties without infringing the mayor’s authority?
The AG said the worker might be a municipal clerk or an administrator, depending on how the town established the position. A clerk could not be assigned duties that infringed the mayor’s statutory…
Can Georgia's Office of the State Treasurer enter into repurchase agreements and reverse repurchase agreements when managing state investment and liquidity needs?
Yes. The Office of the State Treasurer is authorized to enter into both repurchase agreements (selling securities with a buyback commitment) and reverse repurchase agreements (buying securities with…
Can the Village of Port Chester cap pawnbroker interest rates and redemption periods more strictly than General Business Law §§ 46 and 48?
The AG concluded that General Business Law §§ 46 and 48, governing pawnbroker interest rates and redemption periods, preempted local regulation. The Village of Port Chester's stricter local code…
Do General City Law § 81 or the Peekskill city charter govern terms of office and start dates for zoning board of appeals members?
The AG concluded that the Peekskill city charter governed the terms of office and the dates on which ZBA members' terms began. General City Law § 81 was a special law (excluding NYC), did not relate…
Can a New York town set up a second, special planning board limited to reviewing site plans within a planned development district, alongside its regular planning board?
The AG concluded that a town board could establish a second, special planning board limited to reviewing site plans within a proposed planned development district. Town Law § 274-a(2) supplied…
Does a Florida school district have to give its employees' Social Security numbers to the teachers union?
Mostly no. Employee Social Security numbers held by a school district are confidential and exempt. A union claiming to be a 'commercial entity' can reach them only to verify numbers it already…
Can the Texas Comptroller refuse to pay unclaimed property proceeds directly to a company that bought the claim?
Most likely yes. The Attorney General did not lay down a flat rule, but concluded that because the Comptroller is the agency charged with enforcing Property Code section 74.501, a court would defer…
Can a Texas navigation district develop, run, and pay for a public park like Rockport Beach Park with district tax revenue?
In part. The Attorney General concluded that the Aransas County Navigation District is authorized to have and maintain parks and recreation facilities, but only to the extent the park is necessary…
When two Texas bills amend the same groundwater law in conflicting ways, which version controls?
The Attorney General concluded that House Bill 3109 prevails. Both bills passed by the 82nd Legislature amended Water Code section 36.121, which exempts certain wells from groundwater conservation…
Can a Florida county outside Miami-Dade or Broward authorize slot machines at a pari-mutuel facility through a local referendum?
No. Attorney General Bondi concluded the state could not license slot machines at a pari-mutuel facility in a county that simply held a referendum. Under section 551.102(4), a county outside…
Could Abbeville County transfer a donated building to a private company after using grants to replace its roof?
The AG said the county had authority to convey real property, but the proposal required a fact-specific public purpose and value assessment. Council also had to examine gift restrictions, contracts…
Could Blackville release a school property reverter without receiving payment or other value?
The AG concluded that the town could not simply donate its reversionary interest to the academy. It had to receive adequate consideration, but the value depended on facts for town council to…
Could an electronic certified-mail receipt prove DMV suspension notice or service of process?
The AG said a court would likely accept the DMV’s electronic signature report as evidence of delivery comparable to a signed paper return receipt. The agency could choose electronic records, but…
Does Tennessee's 2,000-foot beer-permit buffer around 'places of public gathering' apply to a small cemetery that sells no plots and almost no one visits?
It depends on the facts. Whether a particular cemetery is a 'place of public gathering' under Tenn. Code Ann. § 57-5-105(b)(1) is a question of fact, decided case by case. Some cemeteries (active,…
Can a Tennessee state agency use a worker's disciplinary record to deny the across-the-board 1.6% raise from the 2011 budget?
Yes. The 2011 Appropriations Act gave the executive branch wide discretion to administer state salary increases. Section 49 of the Act provides a 1.6% across-the-board raise except for employees…
Could a business offer brew-on-premises beer making or a home winemakers’ center in South Carolina?
The AG believed operators of both kinds of facility needed a Department of Revenue permit before operating. DOR had authority over beer and wine, but the AG left the permit decision for any specific…
Could SLED require Group III constables to complete 120 hours of annual volunteer service?
Yes. The AG concluded that SLED’s regulatory authority over commissioned state constables included the manual’s 120-hour annual voluntary activity requirement for Group III constables. It deferred…
Can a school board approve a raise for administrators by adding it to the meeting agenda only after the meeting has already begun?
No, under the law as it stood in 2012. The AG invalidated the Capital School District Board's vote granting administrators a five percent raise because the item never appeared on the agenda until…
Does Virginia's agritourism statute definition of 'agricultural products' control zoning under § 15.2-2288?
No. The AG concluded that the agritourism-liability statute's § 3.2-6400 definition of 'agricultural products' did not control how that phrase was used in § 15.2-2288 (the zoning preemption for…
Does a private company building on leased public airport land have to post a performance and payment bond under Florida law?
Yes, under the lease. The Attorney General's office gave informal comments noting that the answer turned on Ground Lease 2003-08, which expressly required the lessee to provide a section 255.05…
If a vendor files a protest while an Illinois state contract is still being bid out, can the agency award the contract before resolving the protest?
Assuming the protest was properly filed, no. AG Lisa Madigan concluded that the Illinois Department of Revenue improperly awarded a 10-year beverage vending and pouring rights contract to…
After Tennessee's 2011 campaign finance amendment, do LLCs have to register as political campaign committees and follow corporation rules?
No. The 2011 amendment adding 'corporation' to the political campaign committee definition in Tenn. Code Ann. § 2-10-102(12)(C) does not pull LLCs in, because Tennessee law treats LLCs as distinct…
Did California law require a school counselor to tell parents about a student’s pregnancy when danger was suspected?
No. The 2011 opinion said Education Code section 49602(c) permitted, but did not require, disclosure to a parent or principal when the counselor reasonably believed it necessary to avert a clear and…
Could California’s developmental disabilities council lower its quorum when seats were vacant, and how did abstentions count?
The Council could set a quorum by bylaw, but not below a majority of its full statutory membership. Members entitled to vote who abstained counted toward the quorum; legally disqualified members did not.
Could California require extra proficiency tests of forensic alcohol labs despite outside accreditation tests?
Yes. The 2011 opinion said the Department of Public Health could require separate tests under its regulations and discipline a lab for refusing them, even while the lab followed the specified…
What could a California local board discuss privately with its real estate negotiator?
The 2011 opinion limited the Brown Act closed session to the amount, form, manner, and timing of payment, plus information essential to those terms whose disclosure would reveal the protected…
Were California’s state building-permit surcharges regulatory fees or unlawful taxes?
The 2011 opinion concluded that the charges collected under Health and Safety Code section 18931.6 were valid regulatory fees, not unlawful taxes. They supported the state building-standards program.
Are Illinois public school districts subject to the local zoning ordinances of the cities and counties they sit in?
Generally yes. AG Lisa Madigan concluded that school districts must comply with municipal and county zoning ordinances unless compliance would frustrate the district's statutory objectives. If a…
Could California police exclude a sexual assault victim advocate from an interview the victim requested them to attend?
No. Under the statute examined in 2011, police and prosecutors could exclude a victim’s chosen support person if that person would harm the interview’s purpose, but could not use that authority to…
Could a California animal control officer use controlled drugs in the field without speaking to a veterinarian?
No. The 2011 opinion found no independent authority for an animal control officer to possess or administer controlled substances in the field without contemporaneous consultation and direction from…
Could a California private lot issue its own parking fines and make drivers pay them before a towed car was released?
The 2011 opinion found no authority for ordinary private lot owners to issue penalty-style citations or make tow operators collect them. It excluded private nonprofit schools and certain common…
Did Kentucky's constitution bar shock probation for a person convicted of DUI vehicular homicide?
The 2011 AG said no: a judge's power to grant shock probation after a DUI-related homicide, and the statute's different treatment of those convictions, did not violate Section 2 of Kentucky's…
Can a Texas county still collect on a bail bond forfeiture judgment that is more than twelve years old?
Yes, in most respects. The Attorney General concluded that a bail bond forfeiture judgment is a judgment in favor of the state, so under Property Code section 52.006(b) it does not become dormant if…
Can the Texas Higher Education Coordinating Board set up complaint procedures for colleges, including religious schools?
Yes. The Attorney General concluded that Education Code section 61.031 gives the Texas Higher Education Coordinating Board authority to adopt procedures for handling, investigating, and resolving…
Can a Texas sheriff use the county jail commissary fund to pay for inmate job-training programs?
Possibly, and the call is the sheriff's to make first. The Attorney General would not decide as a matter of law whether paying out of commissary proceeds for an inmate water-catchment building…
Does the Texas catalog-purchase procedure for state technology buying apply to independent school districts?
No. The Attorney General concluded that the catalog-purchase procedure in Government Code section 2157.0611 sits in a subchapter that applies only to a state agency covered by Chapter 2054. Chapter…
Could a South Carolina circuit public defender accrue state employee annual leave?
The AG said no. Although circuit public defenders were full-time state employees, the statute tied their benefits to circuit solicitors, who did not accrue annual leave as elected officials. The AG…
Could a California tobacco shop smokers’ lounge serve alcohol and keep its workplace smoking exemption?
No. The 2011 opinion concluded that a smokers’ lounge in or attached to a tobacco shop serving alcoholic drinks to patrons did not qualify for the exemption from the smoke-free workplace rule.
Is the name of a 911 caller that ends up in a police offense report confidential under Florida's public records law?
It depends on the source. Information taken from the 911 call that identifies the caller is confidential while the agency holds it. But identifying information gathered separately, through a…
Could Kent County's right-to-fish law restrict lawsuits against seafood operations?
The Attorney General concluded that Article 25, §232 allowed certain county legislation on seafood business and harvesting without overriding State preemption. Kent County lacked authority to limit…
What distinguished gross negligence from criminal negligence in Maryland vehicular manslaughter cases?
The Attorney General concluded that gross negligence under CR §2-209 required conscious awareness of a risk to human life and wanton or reckless disregard. Criminal negligence under CR §2-210…
Could a gated community’s bylaws restrict a nonprofit member’s statutory right to inspect records?
The AG said a nonreligious nonprofit’s bylaws had to be consistent with the statutory member inspection rights. It had not seen any specific association bylaws and did not decide whether a…
Could a California city ban dangerous fireworks and fine violations without banning their transport or storage?
The 2011 opinion allowed a city to prohibit sale, use, and discharge of the specified fireworks and impose an administrative fine up to $1,000 per violation. It said a total local ban on offering…
Can a Florida city use a city-owned building as collateral for a loan without a voter referendum?
No, not for a loan over 12 months. The office advised that when a city borrows money and grants a security interest in its property, with a right of foreclosure, for a term longer than 12 months,…
Can Virginia jail inmates work outside the sheriff's county or on private nonprofit land?
Yes, conditionally. The AG concluded that inmate work crews could leave the sheriff's jurisdiction if a court ordered it, or, if authorized by the local governing body, only when the property was…
In Virginia, do you pay sales tax on the tire disposal fee a tire shop charges when you buy new tires?
Yes. The AG concluded that when the true object of a transaction is buying a product (tires), and the related service (disposing of the old tires) is incidental to that purchase, the disposal fee is…
Can the Texas State Cemetery Committee ban bicycles on a state highway that runs through the cemetery?
The Attorney General did not decide that. The opinion concluded that the Texas State Cemetery Committee's authority over 'all operations of the State Cemetery' under Government Code section…
Can a member of a Texas county ethics commission also serve as the review officer on its screening committee?
No. The Attorney General concluded that a member of the El Paso County Ethics Commission may not serve as the review officer on the commission's standing preliminary review committee. The governing…
Can a Texas school psychologist use the 'Nationally Certified School Psychologist' title?
Yes. The Attorney General concluded that the Psychologists' Licensing Act does not prohibit a Licensed Specialist in School Psychology from truthfully using the 'Nationally Certified School…
Does an Illinois public employee lose their pension after a felony conviction connected to the job?
The AG concluded that an Illinois State Trooper who pleaded guilty to official misconduct and possession of child pornography forfeited his state pension, because the crimes were connected to his…
Can emails between Texas government board members violate the Open Meetings Act?
It depends on the facts. The Attorney General concluded that electronic communications, including email, among members of a Texas governmental body can amount to a 'deliberation' and a 'meeting'…
Who can issue 'competent orders' for the Tennessee State Guard so members can take military leave from their day jobs?
For a Tennessee State Guard member to be entitled to unpaid leave from a public or private employer under Tenn. Code Ann. § 8-33-110, the member must be performing duty or training under orders…
If I get a red-light camera ticket in the mail, do I have to respond, and what is the difference between a 'notice of violation' and a real court-issued ticket?
Photo-enforcement traffic tickets must be served personally or by another method authorized by the Rules of Civil Procedure (or by certified mail in limited cases). If the agency mails a citation by…
What did Idaho's AG say about the 2011 ballot initiative that would broaden the sales tax base to services and lower the rate to 5%?
The certificate said the proposed expansion of sales tax to real-property improvement contracts would, together with existing government-sales exemptions, completely exempt materials and labor used…
Could Barnwell’s city council contract for sewer service outside city limits without a public works commission?
Yes. The AG read the sewer contract statute together with a provision vesting public works commission powers in Barnwell City Council. Council was therefore a proper body to make the kind of…
Does a Florida regional planning council have to follow the state severance-pay cap for its employees?
Yes. Attorney General Bondi concluded the South Florida Regional Planning Council is a 'unit of government' under section 215.425, as amended in 2011, so its contracts have to follow the…
Can a county museum board member also serve as a special magistrate for the value adjustment board in Florida?
No. Attorney General Bondi concluded that members of the Vizcaya Museum and Gardens Trust board are appointed officials of Miami-Dade County for purposes of section 194.035(1), so they are barred…
Can a Florida city contract to provide police services to any city in the county, or only to ones next door?
Only to neighbors. Attorney General Bondi concluded that section 166.0495 lets a city enter an interlocal agreement to provide law enforcement services only to municipalities that both adjoin the…
Could South Carolina require federal officers to obtain a sheriff’s permission before federal arrests or searches?
The AG said a court would likely find the proposed Sheriffs First bill unconstitutional. The permission requirement would impede authorized federal law enforcement, and its limits on state…
Could DHEC allow limited nutrient-standard excursions in its Reedy River watershed plan?
The AG said DHEC’s interpretation allowing some excursions of a “shall not exceed” nutrient standard was reasonable when the water quality law and regulations were read together. It did not verify…
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