State AG Opinions
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Can recording a 'land patent' or moving property into a 'common law pure trust' get it off the Florida tax rolls?
No. Attorney General Pam Bondi concluded that neither a self-recorded 'Declaration of Land Patent' nor transferring property into a 'common law pure trust' creates any exemption from Florida ad…
Could the Woodruff-Roebuck Water District choose its water source instead of renewing a city supply contract?
The AG said the district had discretion under its enabling law to supply water itself or buy it. Municipal water service outside city limits was governed by contract. The AG could not say whether…
Did Maine's 2011 voter-ID/registration bill (LD 1376) impose a state-funded mandate on towns and cities under Maine Constitution Article IX, § 21?
The Maine AG concluded that LD 1376 did not constitute a state mandate under Article IX, § 21. Even though it required municipalities to modify activities by adding provisional balloting,…
Could a South Carolina town use a local ordinance summons instead of a uniform traffic ticket for speeding?
The AG said no. Municipal ordinance violations dealing with traffic offenses had to be cited with a uniform traffic ticket; a local ordinance summons could not replace it for speeding.
Could a Kentucky physician assistant dispense prescription medicine from a doctor's office pharmacy?
Under the law examined in 2011, no. A physician assistant could prescribe and administer nonscheduled drugs as delegated, and distribute professional samples to patients, but those powers did not…
When did Aiken County magistrates’ higher census-based salary base take effect?
The AG said the higher base took effect when the official 2010 census figures reached South Carolina, identified as March 23, 2011, and operated prospectively. It rejected treating the salary…
Can a member of a Florida public board abstain from a vote just to avoid the appearance of bias?
No. The Attorney General's office explained that under section 286.012 a board member who is present must vote, and may abstain only when there is or appears to be a possible conflict of interest…
Does putting a county economic-development director under the county commission make the commission an 'economic development agency' for records confidentiality?
It depends on the charter, which the Attorney General's office will not interpret. If a county charter amendment made the commission part of the economic development agency, then the section 288.075…
Can a state-licensed Arizona real estate appraiser appraise a high-value or complex residential property in a private sale, or is that work limited to certified appraisers?
Yes. The AG concluded that A.R.S. § 32-3612(C) lets either a state-licensed or state-certified Arizona appraiser handle any non-federally related transaction, regardless of property value or…
Could a restaurant use an electronic sweepstakes machine that also offered poker or other chance games?
The AG said a machine offering a prohibited poker simulation or other game of chance was illegal per se even if it also offered lawful games or free sweepstakes entries. It did not decide whether…
Could South Carolina’s governor call an extra legislative session before sine die adjournment?
The AG said yes. It reaffirmed a 1984 opinion that the governor’s extra-session power could operate while the General Assembly was in recess before sine die adjournment. It did not decide whether…
Could one person serve on both the Governor’s School arts board and Santee Cooper’s board?
The AG said no. Later legislation gave the Governor’s School board governing powers that made it a public office, and the Santee Cooper board was also an office; simultaneous service would violate…
Can Tennessee let only some counties tax liquor barrels, like a private-act tax aimed at Moore County?
Yes. Tennessee can constitutionally let only some counties tax liquor barrels. A general law limited to counties that approved the manufacture of intoxicating liquor before 1950 has a rational basis…
Could Horry County Council’s chair also serve on a regional economic development nonprofit board?
The AG said yes under the dual office rule because the nonprofit board and executive committee did not exercise state sovereign power. It separately warned that council votes on nonprofit funding…
Can a Florida agency make a public-records requester give a mailing address, show up in person, or explain why they want the records?
No. The Attorney General's office explained that under Chapter 119 an agency cannot make a requester provide a mailing address, appear in person, or reveal why they want the records. The 'reasonable…
What does land need to qualify as an 'ecological laboratory' for the Texas open-space tax break?
The Attorney General concluded that nothing in the Tax Code requires a chief appraiser to rely on a university's ecological-laboratory research plan and annual report to qualify land as an…
When a Virginia deed of trust secures more debt than the property is worth, does the clerk calculate recordation tax on the debt or on the property's fair market value?
On the debt. The AG concluded that § 58.1-803(A) bases the recordation tax on the amount of indebtedness whenever that amount is known. Fair market value applies only when the secured amount is not…
When water leaks from a Virginia condo's roof or shared pipes and damages a unit, who pays for the repair: the unit owner or the condo association?
By default, the unit owner pays for damage to their unit unless the damage originated in or through the common elements (like a leaking roof or shared pipes); in that case, the association pays.…
Can a Virginia school board in Planning District 12 hire a board member's spouse or close relative without violating the Conflicts of Interest Act?
Yes, but only under tight conditions. Franklin County and other Planning District 11, 12, and 13 localities fall under a statutory exception. The board member must recuse and certify no involvement,…
How does a Virginia county switch from staggered Supervisor elections to a single quadrennial election year?
In Orange County, after the staggered-term ordinance is repealed, § 24.2-220 requires Supervisors in Districts 2, 3, and 5 to be elected to four-year terms in 2011, Supervisors in Districts 1 and 4…
Can a Tennessee liquor wholesaler be owned by a parent company instead of by individual people?
No. Under Tenn. Code Ann. § 57-3-203(f), a Tennessee wholesale liquor license can be issued only to a corporation whose stock is owned by qualifying individuals (human beings) who meet residency and…
Could a privately owned gated community bar candidates from door-to-door campaigning?
The AG said yes when the community was private property used nondiscriminatorily for private purposes. It viewed uninvited candidates as lacking a general free-speech right to canvass there and left…
Could a county magistrate serve where the magistrate’s spouse worked for the solicitor?
The AG said no under its reading of the Judicial Canons and advisory opinions, because the spouse’s solicitor-office role could undermine the appearance of impartiality. It deferred final…
Could a county tax auditor employee swear out courtesy summonses for motor vehicle tax violations?
The AG said a non-law-enforcement employee could serve as the affiant if evidence supported a good-faith belief that an offense occurred. A judge still had to find probable cause; the AG cautioned…
Did Whitmire change its form of town government in the 1990 referendum?
The AG said a court would likely find that Whitmire retained its mayor-council form. The election results were unknown, the reported election date fell outside the statutory window, and federal…
Which murder sentencing and parole rules applied at a resentencing for a crime committed before 1996?
The AG said the murder punishment was governed by the law in force when the defendant committed the crime, because the later amendment applied prospectively. It also concluded that his prior murder…
Could a physician practice bill for pathology work performed by a part-time pathologist?
The AG said a billing physician could do so under the state statute if the physician directly supervised the pathologist. It could not decide whether a particular arrangement met that factual…
Could a student use property ownership to choose a different school within the same district?
The AG said property ownership did not itself entitle a student to a particular school within a district. Absent contrary local legislation, the district board decided school assignments under its…
Does the Tennessee Board of Pharmacy have veto power over hiring its own executive director?
No. The Division of Health Related Boards may hire the Board of Pharmacy's executive director after considering the Board's recommendation; the Board's explicit consent is not required. The specific…
What commission can a Tennessee county trustee take on local option sales tax money the state sends them?
One percent. Local option sales taxes collected by the Tennessee Department of Revenue and remitted to a county trustee count as 'money turned over to the trustee by clerks of the courts and other…
Could a Dillon County police chief also serve on the county school board?
The AG said no. It treated both a municipal police chief and a county school-board member as public officers, so holding both positions simultaneously violated the state constitution’s dual-office rule.
Are sheriff's offices, police, and fire departments exempt from Tennessee's x-ray machine registration fee?
Yes. The AG concluded that 'public safety agencies' in Tenn. Code Ann. § 68-202-503(d) carries its plain meaning and covers law enforcement, firefighters, first responders, and other entities whose…
Can Tennessee make homeschooled kids take the TCAP and other state tests?
Yes, with one limit. Tennessee can require homeschooled students to participate in TCAP, Gateway, End of Course, and similar state assessments. Federal law (No Child Left Behind, 20 U.S.C. §…
Could Aiken County hire a fire district to protect property outside that district?
The AG said Aiken County could contract with the Belvedere Fire District for service outside the district but within the county. It also said the county could serve selected areas and charge…
Could a water utility charge a monthly minimum fee for a fire sprinkler line?
The AG said yes, but the fee could not exceed the actual costs associated with the water line to the sprinkler system under the statute as it stood in 2011.
Did Illinois's legislative budget commission have to approve every state-employee health insurance contract, or just the decision to self-insure?
The Commission on Government Forecasting and Accountability had authority under § 6.2 of the State Employees Group Insurance Act to approve or disapprove the Director's recommendation that the State…
Did South Carolina’s corporate-charter forfeiture statute cover unpaid county property tax?
The AG said the statute’s reference to taxes assessed on corporate property for state and county purposes included county ad valorem taxes. It declined to say whether it would sue a particular…
Could South Carolina face liability by halting an already permitted South Saluda River project?
The AG said the legislature could impose a permit moratorium, but a measure undoing an affirmed permit could raise due-process concerns and leave the state potentially financially responsible. It…
Can Connecticut require an out-of-state lender that solicits Connecticut residents by mail, phone, or internet to get a small-loan license, and does that violate the Commerce Clause?
Yes to the first, no to the second. The AG concluded that the 2009 amendments to Conn. Gen. Stat. § 36a-555 reached out-of-state lenders who solicited Connecticut consumers by mail, telephone, or…
If a Connecticut superintendent gets a state waiver instead of a teaching certificate, can they earn pension credit in the Teachers' Retirement System?
No. A superintendent who held only a § 10-157(c) certification waiver letter, not a State Board of Education certificate or permit, did not meet the statutory definition of 'teacher' or 'member' and…
What did Idaho's AG say about the 2011 ballot initiative making animal torture a felony?
The AG found the petitioner-supplied short and long ballot titles appropriate under Idaho Code 34-1809(2). The initiative amended the state's Cruelty to Animals chapter to add felony penalties for…
Can a Virginia volunteer fire department bill a homeowner's or auto insurance policy after responding to a fire call?
No. The AG concluded that volunteer fire and rescue squads have no statutory authority and no implied-contract right to bill a beneficiary's home or auto insurance policy for responding to a fire…
Can Virginia's budget bill raise a fee set by a Code section without re-enacting and republishing that Code section, or does Article IV, § 12 of the state constitution forbid it?
Yes, it can. The AG concluded that the 2011 budget bill's provision doubling the Trauma Center Fund fee in § 18.2-270.01(A) was constitutional because the budget did not literally amend the Code…
Can a Virginia prosecutor amend a state police DUI charge to a local ordinance violation?
Yes. Section 46.2-1308 limits amendments of Title 46.2 charges brought by state officers. It does not prohibit a prosecutor from amending a misdemeanor charge under another title, such as a §…
Does a Virginia clerk have to call the district courts before issuing a concealed handgun permit?
No. The CCRE criminal records report and consultation with local law enforcement satisfy the statute. The clerk is not required to verify pending charges with the general district or juvenile and…
Could police discard evidence seven years after a guilty plea without a court order?
The AG said the statute allowed return or disposal without a court order after the applicable retention period for covered offenses, but warned against automatic disposal at seven years. Other…
How long does Tennessee's medical board have to bring a disciplinary case against a doctor?
There is no statute of limitations on disciplinary actions against a physician's license in Tennessee. The one timing rule is in Tenn. Code Ann. § 4-5-320(c): if the Board has summarily suspended a…
Did USC need higher-education commission approval to expand its Greenville medical program?
The AG reaffirmed that the Greenville expansion of an existing medical program was not a new program requiring commission approval. It said notice could be provided, but the university and…
Could school staff search everything on a student’s phone after confiscating it for a rule violation?
The AG said a school could confiscate a phone under its policy, but a phone-policy violation alone did not justify a broad search of its contents. A content search required reasonable grounds tied…
Could the Marion County library board sponsor a property-tax referendum for library renovations?
The AG said the library board lacked authority to sponsor a referendum to raise property taxes for its facilities. Under the law examined, county council controlled county-library funding and any…
Was Tennessee's 2011 'Lawful Immigration Enforcement Act' constitutional?
The AG flagged three serious constitutional problems with the proposed Lawful Immigration Enforcement Act. Sections that let private voters sue to compel state and local officials, including the…
Does the original Tennessee Executive Residence Preservation Foundation still have any official role over the Governor's mansion?
The original Tennessee Executive Residence Preservation Foundation, a 1971 nonprofit, lost its statutory duties over the Governor's mansion in 1999, when the General Assembly transferred them to a…
What must be reported to a school when a student on juvenile parole enrolls in Texas?
The Attorney General concluded that when a youth on parole from the Texas Youth Commission enrolled in a new school district and had been convicted or adjudicated, the agency had to give the…
Who decides where a medical helicopter lands at a car accident scene, the sheriff or the fire department?
The Attorney General concluded that neither the sheriff's office nor the fire department has the final say on where to land a helicopter at a motor vehicle accident scene. No Texas statute, court…
Can a Texas city require contractors to sign a project labor agreement to bid on public work?
The Attorney General did not give a yes-or-no answer. The opinion concluded that whether requiring a project labor agreement (PLA) as a condition of bidding violates section 271.121 of the Local…
Can a Texas county commissioners court set work hours and dock pay for employees of elected officials?
The Attorney General concluded that a county commissioners court in a populous county may set a 40-hour workweek by rule and likely may withhold partial salaries and benefits from employees who work…
Did South Carolina’s firefighters insurance fund violate the state constitution?
The AG said a court would likely uphold the fund provisions, including payments to the State Firemen’s Association, as serving a public purpose under legislative authorization. It also concluded the…
Did a Delaware county council violate open-meetings law by hiring a new administrator through closed-door committee sessions?
Partly, the AG found. Sussex County Council improperly redacted executive-session minutes without explanation and held one improper executive session, but later public meetings fixed that; its…
Can an Arizona radiology technician take an x-ray based on a doctor's standing order for a condition, or do they need a fresh order for each patient?
Yes. The AG concluded that A.R.S. § 32-2811's requirement that a certified technologist work 'in each particular case at the direction of a licensed practitioner' refers to a particular medical…
Did Maryland have to file and finish a drug crime case before seeking forfeiture of related money?
The Attorney General concluded that a forfeiture action for money connected to a controlled substance violation did not require a criminal prosecution to be filed or completed first. The 90-day…
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