State AG Opinions
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Can a Virginia county board open meetings with Christian prayers that name Jesus Christ?
It depended on context. The AG said no clean yes-or-no answer was possible without facts, but cautioned Virginia local boards to take seriously the Fourth Circuit's recent decision in Joyner v.…
Can a Texas county bail bond board limit who a bail bondsman is allowed to hire?
No. The Attorney General concluded that the Hunt County Bail Bond Board's Rule 9.1(g), which barred a bail bond licensee from employing anyone currently on probation or parole or facing a pending…
Can a Texas public university give or trade its land to a private nonprofit?
It depends, and the key calls are left to the university's board. The Attorney General concluded that Article III, sections 51 and 52 of the Texas Constitution would not bar Texas Southern…
Did former Illinois Governor Rod Blagojevich lose his state pension after his federal corruption convictions?
Yes. Attorney General Lisa Madigan concluded that all 18 of Blagojevich's federal felony convictions arose out of and in connection with his service as Governor, triggering forfeiture of his pension…
Can the Tennessee Department of Finance or another state agency override pay raises the State Board of Education approves for its own staff?
Yes. Even though the State Board of Education has authority to fix the compensation of its Executive Director and (with the Executive Director's recommendation) its other employees under Tenn. Code…
Can Tennessee require older drivers to retake the driving test, and can doctors tip off the state when a senior's health makes them unsafe behind the wheel?
Yes to age-based retesting, modified examinations for seniors, accident-triggered retesting, and family-member-triggered retesting, as long as each rule bears a rational relation to a legitimate…
How much do Florida counties have to pay toward community mental health and substance abuse services, and what oversight do they get?
The statute generally calls for a 75% state and 25% local funding ratio for covered contracted services, with specified exceptions. A county's required contribution is the amount that, together with…
Could Montgomery County create a publicly controlled utility to replace PEPCO's electric distribution service?
The Attorney General agreed that Montgomery County could not simply assign electric distribution to a county agency. A separately formed entity would need Public Service Commission approval to…
Could a city buy a fire truck with South Carolina local hospitality tax revenue?
The AG said hospitality tax revenue could pay for fire protection directly attendant to a listed tourism facility. The statute also allowed counties below the accommodations-tax threshold to use up…
Did South Carolina FOIA require Columbia to disclose who received city development loans and whether they were repaid?
The AG favored disclosure of information about publicly funded loans, especially commercial borrower names and repayment status, but left residential borrower names uncertain and final privacy…
Can a Delaware agency block a new records request just because it denied a similar one before?
No, the AG found. The Department of Labor violated FOIA by withholding routine wage-law inspection records, citations, and site-visit logs under a blanket "investigative files" exemption without…
What rules must a Florida public employer's bonus or incentive program follow?
The office would not bless the whole plan. It explained that under section 215.425(3), as amended in 2011, any bonus-scheme policy must base awards on work performance, describe the performance…
Are the directors of New York's Independent Livery Driver Benefit Fund entitled to state defense, indemnification, and qualified immunity as public officers?
The AG concluded that the Independent Livery Driver Benefit Fund was not a 'public entity' under Public Officers Law § 18 and not part of state government for purposes of § 17, so its directors were…
Could DHEC require sprinklers before licensing a senior adult day care facility despite local building approval?
The AG said DHEC had licensing authority and the facility had to meet applicable statewide fire and building code standards. The sprinkler rule depended on the facility’s classification and…
Could a Texas city with chapter 143 civil-service rules maintain a reserve police force whose members did not take the civil-service exam?
Yes. The AG concluded that a city operating under chapter 143 could create and maintain a reserve police force under chapter 341 because reserve officers were not chapter 143 police officers unless…
Which 2011 Georgia misdemeanors did the Attorney General designate as fingerprintable?
The AG designated ten of the fifteen offenses for fingerprinting, including three immigration offenses, prescription database misuse, feral hog release, unlawful enticement of big game, DNA data…
Could a county legislative delegation adopt a grievance policy for its veterans affairs officer?
The AG said the officer was subject to neither the county’s grievance policy nor state personnel policy, and no statute empowered the delegation to impose its own grievance policy. A delegation…
Does a creditor have to prove fraud to reach assets a Tennessee debtor put into an investment services trust?
Yes. Under Tennessee's Investment Services Act of 2007 (Tenn. Code Ann. §§ 35-16-101 to 112), a creditor must work through the Uniform Fraudulent Transfer Act to reach assets in an investment…
Could Carlisle’s fire control board lease to buy a new fire station built by a private company?
The AG said a county likely could use a properly structured lease-to-buy arrangement, but had not reviewed a contract. The board’s own power to bind the county was uncertain under its ordinance, so…
Could Bamberg add two elected commissioners to its public works board under the 2010 act?
Yes, at the city’s discretion. The AG read the special act as removing a statutory age-of-board barrier for Bamberg while keeping the ordinary election procedures. The act allowed, but did not…
Can a Florida county forgive penalties and interest on delinquent special assessments it imposed by ordinance?
The office did not give a formal ruling on waiver. It said that, absent a statutory prohibition or contrary direction, Escambia County 'would appear' able to amend the ordinance imposing its special…
Could Maryland repeal citizens' statutory appeals of county bridge decisions as a non-substantive code revision?
The Attorney General concluded that repealing the old provisions allowing citizens to appeal county bridge work decisions would substantively change Maryland law. They granted standing and judicial…
Who controlled investment of South Carolina retirement assets: the Investment Commission, trustee board, or Treasurer?
The AG said the Retirement System Investment Commission alone invested and managed the assets. The Budget and Control Board still held them as trustee, and the Treasurer served as custodian; both…
Can a Delaware prison inmate use FOIA to get records from the Department of Correction?
No, the AG found. Delaware's FOIA specifically excludes from the definition of "public record" any Department of Correction records where an inmate in the Department's own custody is the one seeking…
When a Tennessee court strikes down an administrative rule amendment, what does the Secretary of State publish as the official version of the rule?
The Secretary of State should reinstate and publish the previously existing rule. When a court invalidates a rule amendment, the amendment is treated as if it never took effect, so the older version…
Can Florida counties still require gun background checks and a waiting period after the 2011 firearm preemption law?
Yes. Even though the 2011 amendments to section 790.33 broadened the state's preemption of firearm regulation, the AG concluded that Article VIII, section 5(b) of the Florida Constitution still lets…
Can a Florida county commissioner take part in hiring county employees, or does the county administrator hold that power?
The administrator hires. The office gave informal comments noting that in a non-charter county that adopted Part III of Chapter 125, the county administrator selects, employs, and supervises…
Could a county airport or stadium commission director also sit on the county alcohol and drug abuse commission board?
The AG said yes for the positions described. It treated the alcohol and drug abuse board seat as a public office, but the airport and stadium commission director jobs as administrative employment…
Do members of a Tennessee county growth-plan coordinating committee have to live in the county, and can any official reject who gets seated?
City and county mayors and members of the county legislative body serving on a coordinating committee must live in the city or county to keep their underlying public office. Other coordinating…
Can a Florida police officer also work as a private investigator or security guard, or own that kind of business?
The AG was aware of no statute that prohibits a sworn Florida law enforcement officer from also working as a licensed private investigator or security guard, or owning such an agency. But…
Could a South Carolina county require elected officials to pass a drug screen to hold office?
The AG said a proposed county ordinance requiring drug screens for elected officials might be constitutionally suspect. Testing without individualized suspicion would require a genuine special need…
How long can a member of the Georgia Government Transparency and Campaign Finance Commission serve, and can someone be reappointed?
A commissioner may serve no more than one complete four-year term of office, as set by law. A commissioner may hold over in office past the term's expiration until a successor is duly appointed and…
Who pays for a court-ordered mental health evaluation of a misdemeanor defendant in Tennessee, the county or the city?
The county. Under 2009 Tenn. Pub. Acts, ch. 531 (codified at Tenn. Code Ann. § 33-7-304), the cost of mental health evaluation and treatment for misdemeanor defendants is a charge against county…
Could Beaufort give one carriage tour company the exclusive right to use city streets?
The AG considered the proposed exclusive carriage tour franchise legally questionable. Section 5-7-30 allowed city street regulation but did not expressly authorize exclusive franchises or clearly…
Does a Texas university system's $25 million investment threshold apply system-wide or per campus?
At the system level. The Attorney General concluded that the University of North Texas System's Board of Regents is the 'governing board' under Education Code section 51.0031(c), so the $25 million…
Must a county court judge's pay include the extra salary the local administrative district judge gets?
No. The Attorney General concluded that Government Code sections 25.0862 and 25.0023 require Galveston County's statutory county court at law judges and statutory probate court judge to be paid at…
Can a group other than a chamber of commerce get Texas's 'community business organization' property tax exemption?
Potentially yes, but the appraiser decides. The Attorney General concluded that the property tax exemption in Tax Code section 11.231 for a 'nonprofit community business organization' is not limited…
What criminal charges applied when South Carolina scheduled bath salts and synthetic cannabinoids in 2011?
The AG identified possession, distribution-related, school-zone, minor-recipient, attempt, accomplice, and drug-proceeds offenses that could apply after eight substances entered Schedule I(d). It…
Can a Florida county lease its public airport to a private operator for more than 30 years?
Yes. The AG concluded that section 125.35(1)(b)1., Florida Statutes, lets a county negotiate a lease of its airport property to a private party for whatever term and conditions the county commission…
Could a budget proviso let the South Carolina Treasurer decide when to sue to recover state funds?
The AG said proposed Proviso 76.14 was constitutionally suspect because it let the Treasurer choose legal action on the state’s behalf, intruding on the AG’s control of state litigation. An enacted…
Is the Texas Medicaid fraud oversight task force an 'advisory committee' under chapter 2110?
No. The Attorney General concluded that the Medicaid and Public Assistance Fraud Oversight Task Force is not an 'advisory committee' within Government Code chapter 2110, so that chapter's rules do…
Does a Texas prosecutor need a judge's approval to advance a witness's travel expenses?
No. The Attorney General concluded that article 35.27 of the Code of Criminal Procedure does not require a county or its district attorney to get the presiding judge's preapproval before advancing…
Must a Texas public housing authority reimburse a city or county for services to a housing project?
Not under this statute. The Attorney General concluded that Local Government Code subsection 392.005(b) authorizes, but does not require, a public housing authority to agree to reimburse a…
Who owns the bed of a Tennessee river, and how is that decided when the U.S. Army Corps of Engineers calls a river navigable?
Under Tennessee law, the bed of a navigable river belongs to the State up to the low-water mark; the bed of a non-navigable river can be privately owned. Whether a particular waterway is legally…
Who hired and supervised employees in a South Carolina county veterans affairs office?
The AG said the county veterans affairs officer, not county council or its administrator, administered that office and decided employee hiring and discharge. Staff were county-paid employees, but a…
Which Virginia law enforcement agency executes emergency custody and temporary detention orders for towns with their own police?
Town police, in towns served by their own department. The AG concluded that magistrates should name the town's police department as the 'primary law-enforcement agency of the jurisdiction' for…
Could the South Carolina Forestry Commission use waivers for public hunting events?
The AG said a clear, voluntary release might limit the Commission’s civil liability, and the submitted waiver appeared adequate for its intended purpose. It cautioned that a release of…
Must South Carolina assess real property using sales comparisons, and how did its reassessment cap treat improvements?
The AG said neither cited statute required a sales-comparison appraisal; the suitable fair-market-value method depended on the property. For the reassessment cap, improvements taxable by December 31…
When a SD county has a weed and pest control problem and there are private commercial chemical applicators operating in the county, can the county weed and pest board still enter into a joint powers agreement (under SDCL 1-24-8) with another government agency for weed control work? Or does the existence of private applicators in the county block the county from contracting with the other government and force the county to use the private applicators?
Yes, the county can contract with another government agency. SDCL 38-22-23.11 restricts the county weed and pest board from selling and applying chemicals and poisons when those services are…
In Tennessee, can a county medical examiner who also serves as county coroner run for or hold a seat on the county commission?
No. When the county legislative body has vested the duties of the county coroner in the county medical examiner under Tenn. Code Ann. § 8-9-101, the position is treated as 'filled by vote of the…
Can a Tennessee county commission tap a school district's leftover fund balance to set the school budget without the school board's sign-off?
No, with one exception. Under Tenn. Code Ann. § 49-3-352(c), the local legislative body cannot use a school district's accumulated fund balance (above the 3% reserve) for the school budget unless…
Can a Florida city council fill a council vacancy by special election if the city charter says otherwise?
The AG declined to answer directly, because interpreting a city charter is a question of local law outside the AG's authority and is usually referred to the local government's own attorney. As…
Could a county auditor compel a Maryland community college to undergo a management performance audit?
The Attorney General concluded that ED §16-315(i) allowed a county auditor to conduct a financial audit of Anne Arundel Community College, but did not authorize a compelled audit of its…
Could a South Carolina city ban fireworks discharge or limit the hours for using them?
The AG said state law did not generally preempt local rules on fireworks discharge. A city could restrict places or times, but an ordinance had to stay consistent with state law and use a civil, not…
Could a sheriff bid against private firms for a paid school drug-sniffing dog contract?
The AG said no. A sheriff with resources to provide drug-sniffing dog service to schools had to provide it free of charge because no law authorized a fee; the sheriff therefore should not bid for a…
In Tennessee, does an employer have to pay an employee for the time spent driving to and from jury duty?
Yes. Subject to the statute's limited exceptions, Tenn. Code Ann. § 22-4-106(b) requires an employer to pay an employee usual compensation for time actually spent serving on a jury and traveling to…
After the 2010 census, did the Wyoming Constitution require all 30 state senators to stand for election in 2012 because senate district lines would change, or could 'holdover' senators (those whose four-year terms had not expired) finish their terms?
Holdover senators could finish their terms. Attorney General Gregory Phillips concluded that 46 years of federal and state cases since Reynolds v. Sims have allowed holdover senators to complete…
Did South Carolina charge E911 fees to people receiving free SafeLink wireless service?
The AG said no for the free SafeLink service described. Recipients were neither billed wireless subscribers nor purchasers in a prepaid retail transaction, the two categories to which the cited E911…
Did an earlier USC Greenville medical school opinion exempt other new college programs from state review?
No. The AG reaffirmed that the particular USC Greenville course expansion did not require Commission on Higher Education approval, but said that fact-specific result did not remove approval…
Is a pre-1971 hunting and fishing club's land in Virginia exempt from real property tax under the constitutional grandfather clause?
The commissioner of revenue must decide on the facts. The club's pre-1971 status lets it use a liberal-construction grandfather clause. It can qualify if it functioned as an institution of learning…
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