State AG Opinions
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Was a bail bondsman soliciting at a jail by parking a branded car or wearing branded clothing?
The AG did not decide whether those displays amounted to prohibited solicitation. That required facts about the particular conduct; local authorities and prosecutors would assess violations, and the…
Can a Virginia electoral board keep party-authorized poll watchers confined to a specific area of the polling place?
No. Authorized representatives must be allowed to move around the polling place to see and hear what's happening, subject to limits in §§24.2-604(D) and 24.2-607 (no disturbing voters, no…
Can a nonprofit created by an out-of-state government, qualifying as a public housing agency in its home state, also act as a public housing agency in Oregon just because it registered to do business as a foreign corporation here?
No. The AG concluded that only Oregon law can confer the authority to perform Oregon governmental functions. Registering as a foreign corporation gives a nonprofit only the same powers as an…
Would Maryland's State's Attorneys' Coordinator have prosecutor immunity when appointed to handle a conflicted case?
The Attorney General concluded that when the State's Attorneys' Coordinator accepted appointment as a Special Assistant State's Attorney for a case at the Coordination Council's direction, the…
Can a Florida special district create its own 'hybrid' bidding process for public construction projects?
No. The AG concluded that the Southwest Florida Water Management District, as a creature of statute, may only use the competitive-award procedures the Legislature set out in section 255.20 (for…
Does Tennessee's distribution-center nexus statute force out-of-state online retailers to collect sales tax even when a subsidiary owns the warehouse?
Yes and no, depending on who owns the in-state distribution center. If an out-of-state retailer directly maintains or owns a Tennessee warehouse, it has physical presence in Tennessee and nexus for…
Does a Connecticut Department of Correction administrative directive become binding the moment the Commissioner signs it, or does it have to go through formal rulemaking first?
It binds on signature. The AG concluded that DOC Administrative Directive 9.12, which set a mandatory ten-day in-custody assessment period for inmates sentenced under §§ 14-215 and 14-227a before…
After Connecticut moved the Public Utilities Regulatory Authority into the Department of Energy and Environmental Protection, can DEEP tell PURA to suspend a contested case it is deciding?
The AG concluded DEEP's request that PURA suspend the CL&P smart-meter contested case was lawful as a request, not a directive. Public Act 11-80 placed PURA inside DEEP for organizational purposes…
Can a Virginia town council member also serve on the county school board at the same time?
Yes. The AG concluded that a citizen could serve simultaneously on a town council and on the county school board for the county containing that town, so long as the usual residency and other…
Could South Carolina DHEC schedule bath salts after a federal temporary Schedule I order?
The AG said DHEC was authorized and directed to schedule the three identified synthetic cathinones at its first regular or special board meeting after publication of a final federal order. Once…
Could Barnwell extend sewer service beyond city limits without extending water service?
The AG said yes through an appropriate statutory route, though section 5-31-1520 required both water and sewer to be extended. It suggested considering section 5-31-890 for sewer service and said…
Did joining South Carolina’s TERI program require school district consent or end a teacher’s continuing contract?
The AG said an eligible employee could elect TERI without district consent or advance notice to the district. A continuing-contract teacher kept that status and its protections while participating,…
Could a forfeited-land commission sell property for taxes due without adding outstanding local fees?
The AG said Lancaster County’s commission likely had discretion to sell deeded property for the taxes due without adding certain assessments and fees if that served the county and state’s best…
Could a private college nursing director serve on a competing public college commission?
The AG said simultaneous service was not necessarily prohibited, but a court could find a conflict under the ethics statute because the commissioner could influence decisions affecting her…
Did a shorter fence with an inside ditch violate South Carolina’s deer enclosure ban?
The AG said the statute defined the prohibited enclosure by a fence exceeding six feet from ground level. A ditch might impede deer, but the AG would not extend that statutory definition to the…
If someone challenges my nominating-petition signatures, can supporters donate to a legal defense fund without those donations counting as campaign contributions?
No, those donations are not contributions. The AG concluded that a fund used solely to defend a candidate's lawsuit over nomination-petition signatures is not 'influencing an election' in the…
Can a Florida city still charge gun dealers and gunsmiths a local business tax after the 2011 firearm preemption law?
Yes. The AG concluded that although Chapter 2011-109 preempts the entire field of firearm regulation to the state, a Chapter 205 local business tax is a revenue tax on the privilege of doing…
Can a Florida school board remove or destroy an employee evaluation that was filed without following the statute?
No. The AG concluded that an assessment of an assistant superintendent's performance was a public record and part of his personnel file even though the superintendent filed it without discussing it…
Can a Florida county force its employees and elected officials to join its self-insured health plan?
No. The AG concluded that section 112.11, Florida Statutes, makes participation in local-government group insurance entirely voluntary, so Monroe County could not require its employees and elected…
Can a Florida county ban or regulate recreational firearm discharge in residential neighborhoods?
No. The AG concluded that section 790.33, Florida Statutes, preempts firearm regulation to the state, so Santa Rosa County could not regulate recreational firearm discharge in residentially zoned…
Could Aiken lease its airport to a private operator and allow that operator to exclude a hangar renter?
The AG said Aiken could lease the airport but retained a duty to ensure rightful, equal and uniform public use. The former 25-year lease limit appeared applicable to the older lease; a court would…
Does the Tennessee State Board of Accountancy alone set its staff's compensation, or does some other state official have to sign off?
The Tennessee State Board of Accountancy has the authority to establish compensation for its Executive Director and other professional staff under Tenn. Code Ann. § 62-1-105(c)(1). That includes the…
Could a South Carolina assistant deputy attorney general serve on Clemson’s Humanities Advancement Board?
The AG said yes. The assistant deputy attorney general position was a public office, but the Clemson board was an unpaid advisory and fundraising body without sovereign power, so the two roles did…
Can a pop-up gold and jewelry buyer in Tennessee move purchased items to a separate storage facility during the 30-day holding period?
No. For qualifying purchases, Tenn. Code Ann. § 38-1-202(a) requires jewelry and precious metals to remain at 'the place in which such business is conducted' during the 30-day holding period,…
If sales tax revenue falls short of estimates, does a Tennessee county still have to fully fund its schools at the budgeted level?
Yes. A Tennessee county operating under the County Budgeting Law of 1957 must fully fund its school system as budgeted, at least to the level of estimated maintenance of effort, from non-sales-tax…
Does Tennessee's sales tax violate the U.S. Constitution's bans on state taxes on imports and exports?
No. The Tennessee Retailers' Sales Tax Act, Tenn. Code Ann. §§ 67-6-101 et seq., imposes a privilege tax on the retail sale and use of tangible personal property in Tennessee. It is not a tax on…
What happens if a Tennessee city fails to appoint a successor utilities commissioner when the term expires?
The office is not vacant. Under Article VII, Section 5 of the Tennessee Constitution, 'every officer shall hold his office until his successor is elected or appointed, and qualified.' An incumbent…
Is a Texas notary public a state 'officer' under Government Code chapter 603?
The Attorney General could not say for sure. The opinion concluded that it could not definitively determine whether a notary public is a state 'officer' for purposes of Government Code chapter 603.…
Does Tennessee's 2011 low-income housing tax credit allocation plan satisfy federal requirements to favor projects in poor census tracts?
No. The Tennessee Housing Development Agency's 2011 Qualified Allocation Plan does not conflict with the federal LIHTC preference for projects in qualified census tracts (QCTs) under 26 U.S.C. §…
Can Virginia appropriate state funds to nonprofit land trusts for conservation, or does Article IV, § 16 forbid it?
Gifts to land conservation nonprofits are forbidden under Article IV, § 16 (prohibition on appropriations to charitable institutions not owned or controlled by the Commonwealth). But bona fide…
Can an Arizona community college give in-state tuition to a student who is not lawfully present in the U.S., or use a special tuition tier to get around Proposition 300?
The AG concluded that Proposition 300 barred community colleges from classifying students without lawful immigration status as in-state or county residents, creating a cheaper tuition tier for them,…
Who appoints successor directors to a Texas regional mobility authority board?
The county commissioners court. The Attorney General concluded that for a single-county regional mobility authority, the commissioners court that made the initial appointments is the 'appointing…
Could a county council chair take part in hiring a new administrator while applying for that job?
The AG said the chair had to abstain from every aspect of the selection and make the required conflict disclosure. It also concluded that appointing a council member as administrator likely violated…
Can a Florida county spend public money to maintain a private road that school buses use?
No, not for free. The AG reaffirmed prior opinions holding that a county cannot spend public funds to repair or maintain a private road, even when the owner lets school buses use it, because public…
Who decided whether a Native American entity qualified for South Carolina state recognition?
The AG deferred recognition and formation questions to the Commission for Minority Affairs under its regulations. It also said the Commission likely had implied power to review and remove…
Can a Texas court appoint a lawyer for a criminal defendant who isn't indigent?
Sometimes. The Attorney General concluded that although a court usually has no duty to appoint a lawyer for someone who is not indigent, it may do so in proper circumstances when the interests of…
Can a consolidated Texas municipal utility district charge different debt tax rates in different areas?
Generally yes. The Attorney General concluded that a court could uphold a consolidated municipal utility district charging different debt service tax rates on land in each of the former districts,…
Can a Texas state-chartered credit union charge the higher interest rates federal credit unions can?
No, not for interest rates above the state cap. The Attorney General concluded that although Finance Code section 123.003 gives state-chartered credit unions broad parity with federal credit unions,…
Can a Washington city, county, or special district skip Washington's qualifications-based architect/engineer procurement process by just contracting with another government agency that already employs those professionals?
No, generally. RCW 39.80 requires every state and local agency and special district to follow its publication, firm-selection, and negotiation procedures when buying architectural or engineering…
Could Greenville’s legislative delegation decide appointments by the weighted votes of members present?
The AG said yes, when a quorum was present and a weighted majority of those present and voting supported the action. The delegation did not need a weighted majority of every member unless a statute…
Is a Virginia tobacco shop that lets customers use an in-store roll-your-own (RYO) machine treated as a 'tobacco product manufacturer' under the Tobacco Escrow Statute?
No. The AG concluded that a retailer who lets customers use an on-premises RYO machine to make cigarettes for their personal use is not a 'tobacco product manufacturer' under the Virginia Escrow…
What happens to a Tennessee sheriff who took office without POST certification and never completed the required training, and who got reelected anyway?
Before Tenn. Code Ann. § 8-8-102 was rewritten by 2011 Public Chapter 370, a sheriff who took office without POST certification had to complete basic recruit training at TLETA during the first term;…
Can a Florida town council fill its own vacancies by appointment under the town charter?
The AG declined to give a formal answer, because the question turned on interpreting the town charter rather than state law. As informal guidance, the office noted that section 166.031(6) requires…
Are the email and home addresses people give to sign up for Florida sex-offender alerts public records?
No. The AG concluded that the email addresses and 'watched addresses of concern' people submit to join the FDLE Florida Offender Alert System are covered by the public-records exemption in section…
If a driver gets a speeding ticket near a school crosswalk in Washington, does the doubled fine in RCW 46.61.440(3) apply, or does it only apply to the broader local-government school speed zones added later?
The doubled fine applies to both. RCW 46.61.440(3) doubles the monetary penalty for speeding in any 'school or playground speed zone,' which includes both the crosswalk-based 300-foot zone in…
Could Tega Cay credit or waive stormwater fees, or accept school property instead of payment?
The AG said reasonable, equitable credits tied to a user’s demand and service cost were permissible. Broad exemptions generally were not, and the city lacked authority to accept a school district’s…
Can police enforce golf-cart and traffic laws on private subdivision streets in Florida?
It depends on facts the AG could not resolve. Law enforcement can enforce Chapter 316 traffic laws (including golf-cart rules) on private subdivision streets only where the public actually has the…
Can Delaware's prison system keep the identity of its execution drug supplier secret under FOIA?
No, the AG found. The Delaware Department of Correction had to turn over its purchase, invoice, and transfer records for lethal injection chemicals because none of DOC's four justifications, pending…
Could a South Carolina town let a shelter dispose of an unclaimed animal after three days?
The AG said no. Although local governments could regulate animal care and control, a three-day disposition rule conflicted with the state statute’s five-day minimum and would be invalid in the AG’s view.
Can a Delaware city redact the price terms from a public government contract to protect a vendor's competitors from underbidding?
No, the AG found. The City of Dover violated FOIA by redacting the price and payment terms from its solar energy contract with White Oak, because final negotiated contract prices are not "obtained…
Can the Tennessee Corrections Institute adopt new minimum jail standards without going through formal rulemaking?
Yes and no. The TCI board of control has statutory authority to replace its existing minimum jail standards with the American Correctional Association's Core Jail Standards, but it must adopt the…
Could a majority of a California city council take a private tour of water district facilities outside the city?
No. The 2011 opinion treated a private information-gathering tour by a council majority as an unlawful closed meeting. A noticed public inspection outside the city was permitted if discussion stayed…
Does a Florida property appraiser have to refund excess fees to a special district that pays for non-ad valorem assessment collection?
Yes, it appears so. The AG's informal comments concluded that Department of Revenue Rule 12D-11.009 directs a property appraiser to distribute excess funds to each governmental unit, including a…
Can Tennessee counties use drug-forfeiture money to pay for destroying seized illegal drugs?
Yes. Under Tenn. Code Ann. § 39-17-420(a)(1)(A), proceeds from the sale of property forfeited under Tenn. Code Ann. § 53-11-451 must be deposited in a special revenue fund of the jurisdiction that…
Could a California public official’s prenup keep a spouse’s financial interests out of a contract conflict analysis?
No. The 2011 opinion concluded that one spouse’s financial interests were attributed to the other under Government Code section 1090 even when a premarital agreement disclaimed any interest in the…
Can a Wyoming elected official like the Superintendent of Public Instruction hire an at-will employee to fill a position that was previously held by a permanent employee, without first getting approval from the Department of Administration & Information?
No. Attorney General Gregory Phillips concluded that under Wyoming's Constitution and personnel statutes, the Governor (acting through the Department of Administration & Information's Human…
Did Sumter County violate tax law by delaying reassessment or adding service fees beyond a millage cap?
The AG could not determine whether Sumter County had failed to reassess property; a one-year postponement ordinance was possible. A genuine service fee could be charged outside the property-tax…
Could a South Carolina public school require visitors, including parents, to show ID for scanning?
The AG said Spartanburg School District Three’s visitor-registration and ID-check policy was reasonable for school safety and did not give parents unrestricted access to secure areas. It expected a…
Could a district attorney give county counsel subpoena power for an unfair competition case?
No. The 2011 opinion allowed county counsel to prosecute a county-ordinance-based unfair competition case by agreement, but the district attorney could not delegate their own administrative subpoena…
Could a California water district board meet at its main office outside district boundaries?
Yes. The 2011 opinion read the Brown Act as allowing a local agency to meet at its principal office when that office was outside its jurisdiction, including a water district.
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