State AG Opinions
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Can a Texas local government invest public funds in a money market or demand account?
The Attorney General concluded that a local government subject to the Public Funds Investment Act (Government Code chapter 2256) may invest its funds in money market deposit accounts, because…
Can a Tennessee regulatory board approve a settlement between an agency and a regulated party in a contested case if an intervenor refuses to sign on?
The AG concluded that an intervenor cannot block a settlement just by withholding consent. A regulatory board may approve a settlement over an intervenor's objection if it independently determines…
Could a water supplier with an existing interbasin transfer permit seek a new withdrawal permit early to avoid drought rules?
The AG said the supplier's existing interbasin transfer permit remained effective for its term and could not be bypassed by an early application under the new Act. It also said the supplier remained…
Does a Florida neighborhood improvement district always need 75% of property owners to approve it before it can be created?
Not in every case. The Safe Neighborhoods Act provides several different methods to create a neighborhood improvement district. The 75% written-consent requirement applies only to the property…
Did USC need higher education commission approval to add first and second year medical classes in Greenville?
The AG said the proposed Greenville expansion was an addition to USC's existing medical program, so commission approval was unnecessary on the facts presented. USC still had to notify the commission…
Can a Texas transit authority charge a city that withdrew from it for disabled-rider services?
The Attorney General concluded that Capital Metro could charge the City of West Lake Hills for the special transit services it provides to the City's residents with disabilities, even though the…
Can a Texas school district change its board election from November to the May uniform date?
The Attorney General concluded that Edgewood Independent School District could not move its general election for school trustees from the November uniform election date to the May uniform date.…
Does a county ethics code apply to the district attorney and their staff in Texas?
The Attorney General concluded that the El Paso County Code of Ethics, adopted under chapter 161 of the Local Government Code, reaches the District Attorney of the 34th Judicial District and the…
Can a Texas community college buy liability insurance for its child-care center?
The Attorney General concluded that San Jacinto College could buy the liability insurance that Human Resources Code section 42.049 requires for its licensed child-care centers without violating…
Did serving on both a sanitary district and a park district board create a public office conflict?
The AG did not decide whether the two offices were incompatible. The 2010 opinion granted leave for a quo warranto suit because their overlapping interests raised substantial factual and legal…
Could a California officer keep a personally purchased, registered assault weapon after retiring?
The California Attorney General concluded in 2010 that retirement ended the officer exception. Registration and written employer authorization while on active duty did not preserve a right to…
Can a Tennessee county commissioner privately solicit fellow commissioners' votes to be appointed county mayor without breaking the Open Meetings Act?
Yes, with limits. A Tennessee county commissioner can contact fellow commissioners individually to solicit their support for appointment as county mayor without violating the Open Meetings Act, as…
Can a Tennessee jury coordinator empanel a jury, or only assemble the pool the judge picks from?
No. A Tennessee jury coordinator's role is limited to compiling the random jury list, forming the pool, granting excuses or postponements, and supplementing the pool when the judge directs.…
When a Tennessee juvenile court receives a civil petition alleging child abuse based on a newborn testing positive for illegal drugs, can the court share it with the district attorney for criminal prosecution, and does sharing it satisfy the court's duty under § 39-15-401(d)(1)?
The AG concluded that juvenile court officials could appropriately share such civil petitions with the district attorney general, because DAs are officers of the court with a legitimate interest…
If a sheriff's deputy takes someone to the hospital for an involuntary mental health evaluation in Tennessee, must the deputy use force to restrain the patient when hospital staff asks, and would doing so violate the patient's civil rights?
The AG concluded that Tennessee's involuntary commitment statutes did not require a sheriff's deputy to use police powers to help hospital staff complete a § 33-6-407 evaluation, but a deputy who…
If a Tennessee bill's caption says 'An Act to amend Title 4, relative to lotteries,' can the body of the bill amend the Charitable Gaming Implementation Law in Title 3 because of the constitutional 'or otherwise' clause?
The AG concluded that the 'or otherwise' clause in Article II, Section 17 lets a bill recite the amended law in the body instead of the caption, but the body still has to stay within the single…
Is a Tennessee bill caption that lists 27 different Code titles enough to satisfy the constitutional single-subject rule, or do you need a narrowing 'relative to' clause?
The AG concluded that a caption listing 27 Code titles with no narrowing language failed the single-subject requirement of Article II, Section 17, but a caption listing only four titles with a…
Does a Tennessee sheriff have to send an officer to keep the peace at a court-ordered estate sale even when the clerk and master is conducting the sale and the sheriff doesn't get a fee?
The AG concluded yes. The sheriff is the principal conservator of the peace under Tenn. Code Ann. § 38-3-102, and Tenn. Code Ann. § 8-8-201(a)(2)(A) makes obedience to lawful court orders a…
Can the Virginia Small Business Financing Authority issue refunding bonds to refinance bonds originally issued by a local industrial development authority?
Yes. VSBFA has broad statutory power to issue refunding bonds, and that power covers bonds originally issued by other authorities, public bodies, or political subdivisions, including industrial…
Can a Virginia coastal locality apply its local zoning rules to an offshore wind farm built in state waters?
No. Virginia localities cannot extend their land use ordinances to state-owned submerged lands. There are no 'applicable land use ordinances' for offshore wind projects in state waters, so DEQ can…
Can Illinois municipalities contract with private not-for-profit auxiliary police organizations for police services and let the corporations' members carry firearms and wear police uniforms?
The AG concluded that neither non-home-rule nor home rule Illinois municipalities can contract with private not-for-profit corporations, security firms, or other private business entities for the…
Are a government employee's private handwritten notes public records that the public can demand to see in Florida?
Not necessarily. Personal notes a public employee makes only to help remember things, that have not been transcribed or shown to anyone and were not meant to perpetuate, communicate, or formalize…
Does a Florida city need voter approval to change how city council candidates run, such as requiring them to pick a numbered seat?
Yes. Requiring council candidates to designate which seat they seek changes the 'manner of election' of municipal officers. Under section 166.021(4), that kind of charter change must be approved by…
Can a Florida school district ban smoking outdoors on its campuses with a tobacco-free policy?
No, not without legislative authorization. Florida's Clean Indoor Air Act preempts the regulation of smoking, indoor and outdoor, to the state. A school district's home-rule power does not overcome…
Does a Florida state-created corporation have to adopt its bylaws through formal administrative rulemaking?
Generally no. Bylaws of the Florida Mobile Home Relocation Corporation usually need not be adopted as formal rules. But if a bylaw requires compliance, creates rights while adversely affecting…
If a Mexican national walks into an Illinois notary's office holding only a Mexican consular ID card, must the notary accept it for identification, or can the notary refuse and demand a U.S. driver's license?
The notary must accept it. The AG concluded that notaries are 'State officers' under § 10 of the Consular Identification Document Act (5 ILCS 230/10), so they must accept consular IDs that satisfy…
Can a Tennessee county terminate its fire-protection contract with a non-profit volunteer fire department, and can a new county-wide fire department force existing private fire departments to shut down?
The AG concluded that a county could terminate a non-performing contract with a non-profit volunteer fire department (subject to the contract's own terms), but the termination did not by itself…
If a local board member's term expires and nobody runs for the seat, is there a vacancy the county has to fill?
No. The expiration of a term of office is not on Florida's list of things that create a vacancy, so the sitting member holds over and keeps serving until a successor is elected and qualified. A true…
Must a Florida clerk collect the $20 Crime Stoppers cost when a court assesses it but imposes no other fine?
Yes, if the court has assessed the cost against a person convicted of a criminal offense, including a case in which adjudication is withheld. The AG said the clerk's duty to collect that assessed…
Can a Florida school board pay out more than 60 days of accrued vacation leave for employees on contracts signed before July 2001?
It turns on when the contract was signed. The current 60-day cap in section 1012.65 applies to contracts entered after July 1, 2001, but the predecessor statute already capped terminal vacation pay…
Can a county inspector general share a whistle-blower's confidential complaint with the county ethics commission?
Only for the limited purpose of carrying out a whistle-blower investigation. Because Palm Beach County designated both its inspector general and its ethics commission as officials authorized to…
Can a Virginia county set a meals tax rate lower than the rate listed in the referendum ballot question, after voters approved the referendum?
Yes. A board of supervisors retains the discretion under § 58.1-3833 to set the meals tax rate after voters approve a referendum. The referendum is the consent to impose the tax; the rate, up to 4%,…
Can a Tennessee charter county like Knox County amend a private act of the General Assembly just by passing an ordinance?
Not when the private act involves more than purely county affairs. The Tennessee AG concluded in 2010 that Knox County could not amend the 1983 Tennessee Technology Corridor Development Authority…
What does it take to refund a Virginia local tax after the commissioner of the revenue decides the original assessment was wrong?
The commissioner gives the board of supervisors a written certificate that the assessment was erroneous, and the county attorney consents. A board of equalization's order to reduce a real estate…
When Tennessee takes a DNA sample at arrest and the case doesn't end in a conviction, does the TBI have to destroy the DNA?
It depends on how the case ends. The Tennessee AG concluded in 2010 that the TBI must destroy a DNA sample only when 'the charge is dismissed or the defendant is acquitted at trial.' A nolle…
Does Tennessee's law requiring radar operators to be trained also block automated speed-camera photographs from being used as evidence?
No. The Tennessee AG concluded in 2010 that Tenn. Code Ann. § 24-7-124, which excludes radar evidence when the operating officer hasn't been trained to NHTSA or POST standards, applied only to…
Can a Washington county treasurer sweep the interest earned on county investment funds into the county's general (current expense) fund, or must the interest stay with the original fund it was earned on?
Yes, generally. RCW 36.29.020 lets the county treasurer move interest earned on county funds into the county current expense fund, because counties qualify as 'municipal corporations.' But three…
Must a police agency reimburse training costs when it hires an officer fired by the agency that trained him?
The AG said yes if the new governmental employer hired the officer within two years after mandatory training. The statute did not make termination by the training agency an exception to its…
After California school districts merge, who pays their existing school bonds?
The California Attorney General concluded in 2010 that all taxable property in the merged district bore a proportionate share of its former districts’ qualifying bond debt. That reallocation did not…
Could a California city clerk also serve on an elementary school board?
The California Attorney General concluded in 2010 that these two elected offices were compatible. The clerk’s filing and records duties did not create the kind of conflict with a school trustee’s…
Did Kentucky's Mining Board have to approve coal-mining regulations before the Department of Natural Resources filed them?
Yes. The AG concluded that the Mining Board had to review and approve Department of Natural Resources regulations on coal mining, penalties, or miner certification before filing, and could…
In Suffolk, when the Commissioner of the Revenue's real estate assessment duties are transferred to a city assessor, does the duty to seek court correction of erroneous assessments transfer too?
Yes, in the City of Suffolk. The Charter and the ordinance that created the assessor's office used broad language transferring 'all the duties' related to real estate assessment, so the §…
Can a public library district in Illinois run a raffle to raise money for a local charity, like a township food pantry?
No. The AG concluded that public library districts are special districts under Article VII, Section 8 of the Illinois Constitution, with only expressly granted or necessarily implied powers. The…
Must a South Carolina resident register a nonresident relative's car kept and driven in Lancaster County?
The AG said the two cars described did not need South Carolina registration because their nonresident owners kept valid home-state registrations and had not themselves driven the cars in South…
Could South Carolina prison officials identify inmates' prohibited cell phone calls using a managed access system?
The AG predicted a court would allow the described system to identify calls and dialed numbers through a service provider's pen register, based on presumed provider status and implied inmate…
Could Clemson end its Extension Service without losing its land-grant status or state approval?
The AG said ending extension services alone would not revoke Clemson's land-grant charter under the Morrill Act. It also said Clemson could not unilaterally discontinue the Extension Service without…
Can a Delaware town committee hold private meetings to pick a new police chief and keep the applications secret?
Mixed result, the AG found. Smyrna's police-chief hiring subcommittee had violated FOIA's open-meetings rules (no notice, no minutes, no proper executive session), but the applications themselves…
Can a Florida community redevelopment agency sell or lease its property to a private developer?
Yes. In informal comments, the Attorney General's office explained that Part III of Chapter 163 (the Community Redevelopment Act of 1969) expressly authorizes a community redevelopment agency to…
If Idaho voters had passed the 2010 medical marijuana initiative, would patients still face federal prosecution for possessing marijuana?
The AG said Idaho could create its own medical marijuana exemptions, but those exemptions would not limit federal prosecution or change federal housing and employment law. He cited cases involving…
Could Maryland commission an elected Baltimore orphans' court judge who lacked a new bar-membership qualification?
The Attorney General concluded that the Governor should not issue a commission to a successful Baltimore City orphans' court candidate who lacked Maryland bar membership after voters ratified a…
Must the Texas Governor appoint an extra member to the Higher Education Coordinating Board?
The Attorney General concluded that the Governor did not have to appoint an additional member to the Texas Higher Education Coordinating Board for the September 1, 2011 to August 31, 2013 period.…
Can a Texas workers' comp insurer pay below the fee guideline for prescription drugs?
The Attorney General concluded that Texas workers' compensation law (Labor Code sections 408.027, 408.028, and 413.011) sets no minimum rate that an insurance carrier must pay to reimburse a…
Must a Virginia county enforce the Property Maintenance Code (Part III of the USBC) in a small town that adopted Part III but did not designate anyone to enforce it?
No. A county is required to enforce Parts I and II of the USBC in a small town that has not elected to enforce them, but is not required to enforce Part III (Property Maintenance) when the town has…
Can a Virginia county board of supervisors tell the school board where to build new schools and how to consolidate?
No. The school board has exclusive authority over school consolidation decisions. The board of supervisors can recommend a plan and decide how much to fund, but cannot direct the school board's…
Could a South Carolina county prohibit concealed weapons in its public parks?
The AG said a county could not enact a rule regulating concealed weapon carrying in a county park under the state firearm preemption statute. It superseded its 2009 opinion that had allowed such a…
Can Virginia lawyers enter reciprocal referral agreements with doctors or other lawyers under a proposed update to the ethics rules?
Not in their current form. The proposed amendment to Rule 7.2 would allow reciprocal referral agreements, but those agreements would still violate Virginia's criminal 'running and capping' statute,…
When Tennessee's insurance commissioner calculates a county mutual insurance company's compensation expense ratio, can the commissioner count the salary of an employee who lacks final underwriting authority?
The AG concluded that under the Commissioner's rule defining 'compensation expense ratio' (Tenn. Comp. R. & Regs. ch. 0780-1-78-.02(2)), the ratio includes compensation of any officer, director,…
Is a city-owned airport hangar leased to a private company exempt from Texas property tax?
The Attorney General declined to answer the specific tax questions. Whether the City of Greenville's airport maintenance facilities, leased to the private contractor L-3, are exempt from property…
How did a 2010 South Carolina AG opinion read “unlawful use of a controlled substance” for officer certification?
The AG left the technical meaning of “controlled substance” in the certification rules to the Department of Public Safety. It read “unlawful use” as illegal use and concluded that the specific…
If there's no public sewer available, can a Virginia locality still require a developer to get a special exception under the zoning ordinance to install a VDH-approved alternative onsite septic system?
No. § 15.2-2157(C) bars localities from prohibiting alternative onsite sewage systems where no sewer is available and the system has VDH approval. A special exception is effectively a power to…
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