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Are Georgia regional and county library employees who are paid only with local funds (no state funds) required to be members of the Teachers Retirement System?
Yes. The Attorney General concluded that the membership of regional and county library employees in TRS does not depend on the source of their wages. Even an employee paid entirely with local funds…
Is the Clarksville Electric Power Board (a seven-member board with no city council or city manager seat, three-year terms) legally composed, given that the Tennessee Municipal Electric Plant Law of 1935 requires a different structure?
The AG concluded that the answer depends on facts the office could not determine: if Clarksville issued bonds under the 1935 Law, the Board had to be created under that Law and the current…
Does Tennessee law (specifically the 2010 ban on synthetic cannabinoids and salvia divinorum at Tenn. Code Ann. § 39-17-438, or the broader counterfeit-substances statute at § 39-17-423) reach 'White Lightning' and similar products sold as legal alternatives to LSD and cocaine?
The AG concluded that Tenn. Code Ann. § 39-17-438 reaches only salvia divinorum and the named synthetic cannabinoids (JWH-018, JWH-073, HU-210, HU-211), not synthetic LSD or synthetic cocaine; that…
When a Tennessee special school district wants its property tax rate changed, what does its board of education have to do procedurally, and can the General Assembly raise the rate above the certified rate after a county reappraisal?
The AG concluded that no Tennessee statute prescribes procedures for a special school district board to request a tax rate change from the General Assembly, so any clear communication of the board's…
When a patient escapes or elopes from the Colorado Mental Health Institute at Pueblo, what can the hospital tell the police, the media, and local schools without violating HIPAA or state confidentiality law?
The institute may notify law enforcement when a forensic patient escapes. For any patient who escapes or elopes, it may disclose limited identifying information in response to a request from law…
Does Florida's ban on lending public credit conflict with the statute requiring cities to report economic-development incentives?
The Attorney General's office declined to decide whether Article VII, section 10 of the Florida Constitution conflicts with the statute requiring cities to report economic-development incentives,…
What did Idaho's AG certify about the 2011 referendum on Senate Bill 1108, the Luna Law restricting teacher collective bargaining?
The AG certified the referendum petition for form. S1108 had passed both houses and been signed. Sections 1-5, 7-9, and 13-25 had emergency clauses, meaning they remained effective pending the…
What did Idaho's AG certify about the 2011 referendum on Senate Bill 1110, the Luna Law on performance-based teacher pay?
The AG certified the referendum petition for form and style. S1110 had passed both houses, been signed into law, and was set to take effect in 2012, meeting the procedural requirements for…
Could Bamberg County’s emergency services director also sit on the city public works board?
The AG said the two positions did not violate the state’s dual-office ban on the facts supplied. A public works commissioner held an office, but the county emergency services director’s described…
When a Tennessee adult with a disability uses Vocational Rehabilitation Services for college tuition, does the Tennessee HOPE scholarship count as a 'comparable benefit' the person must apply for first, or is it a 'scholarship based on merit' that the comparable-benefits rule excludes?
The AG concluded that the HOPE scholarship does not qualify as a merit-based scholarship under the Vocational Rehabilitation Services regulation, so it counts as a comparable benefit that VR clients…
Does a Florida home-based professional owe city business tax if they already paid a business tax to another county?
It depends on whether there is a 'permanent business location.' Under section 205.065, a city cannot tax a DBPR-regulated business that only works in the city temporarily and has paid a business tax…
What composite index applies when two Virginia school divisions consolidate?
The combined division uses the lower of the two pre-merger composite indices. For the school-only consolidation considered here, state funding should remain at least the amount achieved by that…
How do Tennessee's substance abuse coverage statutes interact with the federal Mental Health Parity and Addiction Equity Act of 2008, who enforces them in Tennessee, and is there a private right of action under § 56-7-2602?
The AG concluded that the Tennessee Commissioner of Commerce and Insurance enforces Tenn. Code Ann. § 56-7-2602 and may also enforce the federal parity law against Tennessee-licensed group health…
Did proposed South Carolina school scholarships and tax credits violate the ban on direct aid to private schools?
The AG predicted that Senate Bill 414, if enacted as described, would be facially valid under the state constitution. Its analysis relied on neutral eligibility and independent student or parent…
Can a Tennessee legislator get a list of the top prescribers of controlled substances (by profession) from the state's Controlled Substance Database, given that database records are confidential by statute?
The AG concluded that although the database itself is broadly confidential under Tenn. Code Ann. §§ 53-10-306 and -308, the Controlled Substance Database Advisory Committee could include a list of…
Could a South Carolina rural water district indemnify its engineer or buy insurance for contract risks?
The AG said the district lacked authority to accept the proposed indemnity or hold-harmless clauses, even if they were limited by references to state law. It could buy insurance for contract risks,…
Can employees of a Virginia regional partnership join the Virginia Retirement System?
No. The Hampton Roads Partnership is not a 'political subdivision' under § 51.1-124.3 because the General Assembly did not designate it as one and it does not exercise sovereign powers like issuing…
Can a Virginia Commonwealth's Attorney appeal a circuit court tax ruling to the Virginia Supreme Court?
No. Section 58.1-3003 only authorizes a Commonwealth's Attorney to appeal a county tax levy to the circuit court, not beyond. Aggrieved taxpayers can file their own Supreme Court appeal under §…
When did ordinary bills passed in Kentucky's 2011 legislative session take effect?
The AG calculated that ordinary legislation from Kentucky's 2011 regular session took effect at the first moment of June 8, 2011. General appropriation bills and acts with emergency or delayed…
Could Florence City Council set a new employee’s job description while the city manager handled hiring?
The AG said council could create a position and specify its job description under the council-manager system, while the manager retained hiring discretion. It could not decide whether a proposed ban…
What did a South Carolina sheriff owe after private security guards made an arrest?
The AG said the sheriff’s office had a corresponding duty to accept and store crime evidence seized by guards at arrest. If it had resources to process evidence in a criminal case, it could not…
Is a Delaware sewer and water authority automatically a 'public body' subject to the open records law?
No, under the law as it stood in 2011. The AG found the Camden-Wyoming Sewer and Water Authority was not a 'public body' under FOIA because, even though it was created through the state's…
Are a mayor's and city council members' personal emails about city business public records under Delaware's FOIA?
No, the AG found, on a question of first impression in Delaware: emails between Newark's mayor and council members sent and received on personal computers through private accounts were not public…
What can residents and officials do when a Florida city is financially failing and the city commission won't act?
The AG's office, which has no authority over cities, offered informal pointers: residents can pursue recall of officials under section 100.361, the Governor can suspend an official under section…
Who fills a vacancy on the Florida Keys Mosquito Control District board, the Governor or the Commissioner of Agriculture?
The Governor. A general statute (section 388.111) lets the Commissioner of Agriculture fill mosquito-district vacancies, but the Florida Keys district's own 2002 special act is both more specific…
Can a deputy clerk of court also serve as an elected county commissioner in Florida?
Yes, on these facts. A deputy clerk who only performs ministerial duties assigned by the clerk holds an 'employment,' not an 'office.' Florida's constitutional ban on holding two offices at once did…
If a sheriff and state attorney appoint substitutes to an advisory board, does the Sunshine Law cover their private conversations?
No, not on that basis. When the sheriff and state attorney each appoint someone else to sit on the Palm Beach County Criminal Justice Commission in their place, the two officers are no longer…
Could South Carolina exempt its upstate game zones from the Renegade Hunter Act?
The AG predicted that a court would uphold the exception for Game Zones 1 and 2. Deer hunting with dogs was already prohibited there, giving the distinction a presumed rational basis, and the state…
Would it violate any constitutional right of Tennessee prisoners if the General Assembly repealed the Tennessee Post-Conviction Procedure Act?
The AG concluded that repealing the Post-Conviction Procedure Act would not infringe state or federal constitutional rights of state prisoners, because the weight of U.S. Supreme Court and Tennessee…
When Tennessee sheriffs transport someone for involuntary mental health commitment across county lines, which county pays for the transportation, and can a sheriff refuse to transport someone first detained in another county?
The AG concluded that under Tenn. Code Ann. § 33-6-901(b), the county where the person was initially detained is financially responsible for transportation; that county's sheriff may bill the…
Can the Texas State Board of Education pay lawyers from the Permanent School Fund without an appropriation?
The Attorney General concluded that article VII, section 5 of the Texas Constitution does not let the State Board of Education spend Permanent School Fund (PSF) money on attorney fees without a…
Did Maryland own the Injured Workers' Insurance Fund's reserves and surplus?
The Attorney General concluded that required reserves and surplus of the Injured Workers' Insurance Fund were held in trust for policyholder employers and covered workers. If the Fund were…
Could Columbia pay to bury utility lines owned by a private college?
The AG did not decide whether the city could fund this project. Paying for Columbia College's own campus utilities appeared to benefit the college directly, but the constitutional answer required…
When someone subpoenas a Tennessee Child Advocacy Center's confidential child sexual abuse investigation records, must the CAC produce them, or are they protected?
The AG concluded that Child Advocacy Center records covered by Tenn. Code Ann. § 37-1-612 are confidential and may be subpoenaed only by persons or entities within the statute's enumerated…
Did secretly filming someone in a private place prove voyeurism under South Carolina's 2011 law?
No. The AG said the statute also required proof that the accused acted to arouse or gratify a person's sexual desire. Filming without consent in a private place did not by itself establish that intent.
Could Klamath County and the City of Klamath Falls swap funds, with the county providing road money for city streets and the city providing general funds to reopen jail pods?
The AG concluded both sides of the swap had separate legal authority. The county could send forest reserve and gas tax money to city roads under specific statutes. The city could provide general…
What can Tennessee legally spend net lottery proceeds on under Article XI, Section 5, and how do specific uses (HOPE scholarships, contractor services, pre-K, after-school, energy-efficient schools) measure up?
The AG concluded that net lottery proceeds must first fund post-secondary financial assistance, with excess available for K-12 capital outlay and early-learning/after-school programs, and worked…
What investigative and warrant powers did Anderson firefighters have when they suspected arson?
The AG said fire authorities could investigate fires, but later searches remained subject to Fourth Amendment warrant rules. It found no state statute authorizing a fire-investigation administrative…
Could a South Carolina voter ID bill exempt older voters from its photo ID rule?
The AG predicted that the bill's photo ID requirement would be facially valid, but said its proposed age-based exemption faced serious equal-protection concerns. The office believed a court would…
When a SD school district receives money from a will that names the district but does not bindingly direct how the money is used, can the district give that money to a community foundation or to its city to set up a college scholarship program for graduating students?
No. A SD school district can exercise only the powers the Constitution and Legislature give it, and its public purpose is K-12 education (S.D. Const. art. VIII, § 1; SDCL 13-5-1). SDCL 13-14-5 lets…
If Virginia's proposed disabled-veterans tax exemption became law, would it cover Hampton's bill due June 5, 2011?
No. Were the proposal enacted, it would apply only to tax years beginning on or after January 1, 2011. Hampton's June 2011 payment belonged to the tax year that began July 1, 2010.
Could South Carolina county voters propose an initiative reducing a road-maintenance fee?
The AG could not resolve that question. The county initiative statute did not expressly exclude fee ordinances, but a fee reduction might count as an impermissible appropriation measure under the…
Could South Carolina legislators change a county initiative statute after the state Supreme Court interpreted it?
Yes, prospectively. The AG said lawmakers could amend the statute despite the court's earlier interpretation, but could not make the change retroactive to overrule that interpretation or disturb…
Can a Virginia county exclude out-of-state prisoners from its population count for redistricting?
Only if the inmate population at the state correctional facility exceeds 12% of the locality's total. Pittsylvania County's Green Rock inmates from Pennsylvania were under 2% of population, so the…
Can the Hamilton County Commission withhold PILOT (payment in lieu of taxes) funds intended for schools rather than passing them straight through to the Hamilton County School Board?
The AG concluded that the disputed PILOT funds are not 'school funds' under Tenn. Code Ann. § 49-3-315 (they are payments in lieu of taxes, not tax revenue), so the County Commission is not legally…
Can a probation officer report child abuse found in a confidential presentence report in Texas?
The Attorney General concluded that a community supervision (probation) officer may release information from a pre-plea presentence investigation report to the Department of Family and Protective…
Can Texas police use a handheld laser speed camera that records video before a traffic stop?
The Attorney General concluded that a handheld laser speed enforcement device with a built-in video camera and GPS is prohibited under Transportation Code section 542.2035 if it records a vehicle's…
Do airport communications staff who don't take 911 calls have to be certified as 911 public safety telecommunicators in Florida?
No. Section 401.465(2)(a)'s certification mandate applies to people working at a 911 'public safety answering point' who handle 911 calls. Airport communication specialists who dispatch only…
Can a Florida water control district spend its funds on mosquito and arthropod control if its charter doesn't say so?
No, it does not appear so. The Spring Lake Improvement District is a water control district whose powers are limited to what its charter and Chapter 298 grant. Neither authorizes spending district…
Did the Attorney General add the workers' compensation fraud and employer non-compliance offenses to the GCIC fingerprintable list?
Yes. The AG designated both O.C.G.A. § 34-9-21 (employee fraudulently receiving workers' compensation income benefits) and O.C.G.A. § 34-9-126 (employer refusal to file workers' compensation…
Who controls school payroll in a Virginia city, the school board or the city treasurer?
Both, with different roles. The school board picks the pay dates on a regular monthly, semi-monthly, or biweekly schedule. The city treasurer handles the mechanics of cutting the checks. School…
Does a Virginia wiring contractor need a private security license to install cables that might be used by a separate alarm company's security cameras?
Yes, but only if the installer has access to 'confidential information' about the design, extent, status, or location of the end user's electronic security equipment. If the installer just runs…
When a SD city is building a major public improvement like a community wellness center and wants to hire one firm to manage the project as construction manager-at-risk, can that firm do the warranty work and the fix-up of third-party contractor mistakes itself, or must even those small construction tasks be done by separate contractors? And can a single firm serve as both the architect/engineer and the construction manager-at-risk on a project over $100,000?
On the first question, no: under SDCL 5-18A-1(4), 'construction' is defined broadly to include repair, demolition, and alteration. Warranty work and correction/completion of third-party work both…
Who could investigate a death scene, photograph a victim, and hold personal property in South Carolina?
The AG said coroners and police had overlapping investigative authority, with no automatic priority for either. A fire chief was not categorically barred from taking photographs, but disclosure…
In Tennessee, can a county mayor, county clerk, or municipal mayor charge a fee for officiating a wedding, or are they limited to accepting voluntary gratuities?
The AG concluded that under Tenn. Code Ann. § 36-3-301(c) these officials may accept, request, or solicit gratuities for performing marriages, but they cannot charge a mandatory fee or demand…
Could an Aiken County charity hold a ticketed casino night with play money and no prizes?
The AG predicted that a court would find the proposed event unlawful even without cash prizes. It read the card-and-dice gaming ban as applicable without a prize and said the charity-event statute…
Could Florence County use road-maintenance fees to pay its entire Public Works budget?
The AG could not decide without knowing how the department spent the money. It said a court could treat the charge as a tax if fee proceeds funded work outside the road, bridge, and drainage…
Can the Texas Health and Human Services Commission define 'affiliate' by rule for its family planning program?
The Attorney General concluded that the Health and Human Services Commission has authority to adopt a rule defining 'affiliate' for its women's health and family planning demonstration project, even…
Can Texas exclude abortion providers' affiliates from its Medicaid Women's Health Program?
The Attorney General concluded that subsection 32.0248(h) of the Human Resources Code, which bars the Health and Human Services Commission from contracting under the Women's Health Program with…
Did South Carolina's 2009 school-spending website rule cover athletics and booster clubs?
For the 2009–10 fiscal year rule, the AG said school districts had to post expenditures over one hundred dollars, including qualifying publicly funded athletic or booster spending. The Act did not…
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