State AG Opinions
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Can Oregon DMV sell an exclusive license over its electronic records to another state agency without violating the constitutional rule that highway-related funds can only be spent on highways?
Yes, the AG concluded, but only if DMV received fair market value for the license. DMV records are an asset of the constitutionally dedicated Highway Fund, so any net income from selling access to…
Can a Florida city let board members attend by phone or video to count toward a quorum?
No. The AG concluded that Coral Gables could not adopt an ordinance letting members of its retirement board count toward a quorum by appearing electronically. Section 166.041 requires a quorum to be…
If a Florida special district sets a zero tax rate one year, can it raise the millage the next year?
Yes. The AG concluded that an independent special district (here the St. Augustine-St. Johns County Airport Authority) that levied a zero millage rate one year was not locked out of taxing later.…
Were College of Charleston student EMS volunteers covered by South Carolina’s State Accident Fund if injured on a call?
The Attorney General found no statutory basis for State Accident Fund coverage for the student EMS volunteers as described. They did not fit the opinion’s listed volunteer-rescue or student…
If a state employee scheduled to work on the Saturday, August 28, 2010 special election day claims paid voting leave, does that employee also get a comparable day off because the election day is a legal holiday?
Yes, but the two benefits are not stacked on top of each other. The AG concluded that state employees scheduled to work and actually working on Saturday, August 28, 2010 were entitled to a…
If I sell an investment property and finance the buyer's purchase myself, do I need a Tennessee mortgage license?
If the financing qualifies as a residential mortgage loan, the investment-property seller needs a mortgage lender license unless a statutory exception applies. The opinion identifies an…
Was Saturday, August 28, 2010, the special primary election to fill Senator Byrd's Senate seat, a legal holiday for West Virginia state employees, and did employees scheduled to work get paid time off to vote?
Yes, partly. The AG concluded that under W. Va. Code § 2-2-1(a)(13), any day on which a primary, general, or special election is held is automatically a legal holiday throughout the state. The…
Does Delaware's manufactured-home tenant protection law cover a 'modular' home community, not just traditional mobile homes?
Yes, the AG concluded. Even though the homes in a Kent County 55-plus community are built off a permanent steel chassis, making them 'modular' rather than HUD-defined 'manufactured' homes,…
Who is on the hook for Virginia BPOL taxes when a business itemizes them on the customer's bill?
The business pays. Liability for Virginia BPOL (business, professional, and occupational license) taxes always sits with the licensee, not the customer. Only motor vehicle dealers have express…
Who controls the money a Texas county jail commissary brings in, and does the interest it earns go to the county general fund?
The sheriff controls it, and the interest stays with the fund. The Attorney General concluded that proceeds from a county jail commissary are not funds 'belonging to the county' under Local…
Can a Texas property owner force the appraisal district to list land and the buildings on it as separate parcels, or does the chief appraiser decide?
The chief appraiser decides. The Attorney General concluded that no statute directly says who determines whether land and improvements under common ownership are combined on a single parcel…
Can a Texas county post driver's license photos of people who owe traffic fines on its public website?
The Attorney General gave a split answer. The Federal Driver's Privacy Protection Act and the Texas Motor Vehicle Records Disclosure Act do not prohibit the Department of Public Safety from giving…
Can the Virginia Department of Conservation and Recreation prohibit swimming in waters next to state parks if it doesn't own those waters?
DCR can regulate swimming in waters within state parks, natural area preserves, and other lands it supervises, but it has no authority to regulate swimming in other waters.
Does an occasional concert, wedding reception, or dance at a Virginia barn or other 'farm building' trigger Building Code requirements for an occupancy permit?
No. The infrequent, non-agricultural use of a 'farm building or structure' (like hosting a concert, wedding, or dance) does not change its occupancy classification. So long as the building is still…
Must a Virginia county prohibit holiday displays with religious symbols on public property, and if not, what conditions must the county follow?
No. A local government is not categorically required to prohibit holiday displays, including ones with religious symbols. Such displays are permissible if the government is careful about content and…
Can Virginia regulate clinics and doctors that perform first-trimester abortions?
Yes. The Virginia Boards of Health and Medicine have broad statutory authority under Title 32.1 and Title 54.1 to regulate facilities where first-trimester abortions are performed and the physicians…
Could a Kentucky school board require contractors to follow a project labor agreement when bidding to build a new school?
The AG concluded that Carter County's proposed school-construction labor agreement did not violate the procurement or school-bidding laws it examined. All contractors could bid regardless of union…
If only the county (not the city) opted into Tennessee River Resort District liquor-by-the-drink, does the state ABC control beer sale hours inside that city?
No. Where the county, but not the municipality, made the Tennessee River Resort District election, ABC rules do not set beer-sale hours in the municipality. The municipality may set beer hours by…
Could Maryland's physical therapy board authorize dry needling without a new statute?
The Attorney General concluded that use of acupuncture needles was not necessarily exclusive to acupuncturists. Maryland's physical therapy board could determine through formal rulemaking that dry…
Could South Carolina DMV approve a privately sponsored religious specialty license plate after the state-created “I Believe” plate was struck down?
The Attorney General concluded that DMV should approve the private nonprofit’s plate if it met the specialty-plate criteria, viewing the message as private speech. The opinion also recognized that…
What were Maryland's costs of prosecution, and who assessed them against a convicted defendant?
The Attorney General concluded that the costs of prosecution owed by a convicted defendant were the court costs associated with the criminal case. The court where the prosecution occurred assessed…
Can a Virginia county force residents to drop their existing private trash collection service and use the county's service instead?
Yes, if the county follows the statutory displacement procedure (notice, hearing, written finding, and either five years' notice to the displaced company or a buyout) or if 55% of property owners in…
Can Florida police ask about someone's immigration status during a lawful traffic stop or detention?
In this 2010 informal opinion, the AG advised that Florida state and local officers could ask about a person's immigration status during a lawful detention, as long as the questions did not prolong…
Did a South Carolina coroner have to obey a court order to release a decedent’s biological specimen for a paternity case?
The Attorney General concluded that the coroner had to comply with the court order unless it was reversed, modified, or vacated through proper court proceedings. The evidence-preservation concern…
Are Virginia state-employed firefighters covered by the Line of Duty Act if they are injured or killed on the job?
Not by themselves. Firefighters who work directly for the Commonwealth are outside the Line of Duty Act unless their fire company or rescue squad has been formally recognized by a county, city, or…
Which Shelby County court hears a Tennessee parentage action: only juvenile court, or also circuit and chancery?
Only the Shelby County Juvenile Court has jurisdiction over Tennessee parentage actions brought under Title 36, Chapter 2. The Shelby County Circuit and Chancery Courts do not, because Tenn. Code…
If a union thinks a city is withholding a wage study needed for contract talks, does Delaware's AG decide that dispute or does someone else?
The state's labor board (PERB) does, the AG concluded, deferring to PERB's authority over collective bargaining rather than deciding for itself whether a wage-study report was exempt from FOIA as a…
Can a Virginia locality use a federal income threshold (or any extra criterion) to decide whether a homeowner is 'permanently and totally disabled' for property tax relief, and must its rules be in the published ordinance?
A locality cannot add to the statutory disability tests, including by using a federal disability income threshold to decide who is permanently and totally disabled. It can use a federal threshold as…
Can the Oregon State Treasurer factor social or political concerns (like Sudan divestment or in-state venture capital) into how the public employees' pension fund is invested?
The Treasurer and Oregon Investment Council could consider social factors only when investments were equal or better on economic grounds. The legislature could change the exclusive benefit rule for…
Could South Carolina’s higher education commission consider a school owner’s old license revocation by another state agency?
The Attorney General concluded that the commission could consider the owners’ earlier school-license revocation under its good-reputation licensing criterion, even though the Department of Education…
Could Cherokee County use excess school sales-tax revenue to reduce school operating property taxes?
The Attorney General concluded that revenue beyond the school bond debt-service need could reduce the next levy for the school district’s operating and maintenance expenses. It described this as…
Are arson investigators at the Georgia Forestry Commission and investigators at the Department of Agriculture eligible for the Peace Officers' Annuity and Benefit Fund?
No. The Forestry Commission's arson investigators and the Department of Agriculture's investigators are not 'peace officers' for POAB Fund purposes because their core duties are to enforce one…
Is a voluntary, employee-paid AFLAC plan a 'group insurance plan' a Florida city must extend to retirees?
The Attorney General's office declined to give a binding answer, explaining that whether a specific AFLAC plan is a 'group insurance plan' under section 112.0801 is a mixed question of law and fact…
Could Beaufort County hand enforcement of its tree-removal zoning ordinance to homeowners associations?
The Attorney General concluded that the county could not delegate enforcement of its zoning ordinance to a private homeowners association. It treated zoning enforcement as an exercise of county…
Can Tennessee require nonresident real estate license applicants to be Tennessee residents for 45 days, or treat them differently based on their home state's reciprocity?
Tennessee's 45-day residency requirement for a real estate license (Tenn. Code Ann. § 62-13-303(e)(2)(B), (f)(2)(B)) is unconstitutional under the Privileges and Immunities Clause, as is the…
Could one person serve as county veterans affairs officer for two South Carolina counties?
The Attorney General found no express statutory or dual-office bar to one person serving both counties, but warned that a court might infer a county-residency requirement for each office. Because…
If a West Virginia State Election Commission member receives a daily per-diem allowance, can he or she also keep a job in the state classified service, or does the per diem turn the position into a 'paid public office' that bars classified employment?
The position becomes a paid public office, so dual service is barred. The AG concluded that membership on the West Virginia State Election Commission is a public office (it satisfies all five…
Can a Virginia clerk of court install permanent courtroom recording systems and charge for copies of the recordings?
Yes. A clerk may install recording systems in Circuit, General District, and J&DR courts, keep them running while court is in session, and charge a fee for access to recordings, as long as statutory…
Is a promotional sweepstakes at an internet cafe legal in Virginia if customers can either get entries by buying internet time or by entering for free?
Yes. When prize entries are available both with and without a purchase, the legal element of 'consideration' is missing, so no illegal gambling occurs under Virginia law. Section 18.2-325.1 lays out…
Under Virginia's erosion and sediment control statute, can a building official issue a stop work order limited to just earth-moving activities, or does it stop all construction on the site?
It depends on which order. The first stop work order under § 10.1-566(C) applies only to land-disturbing activities and can be partial. If noncompliance continues, a second, more stringent order…
Can Virginia police, sheriffs, conservation officers, or zoning officials check the immigration status of people they encounter or stop?
Virginia law enforcement officers, including conservation officers, may ask about immigration status during a lawful detention; with sufficient suspicion of a federal crime, they may briefly detain…
How does a Tennessee stroke survivor who can't write execute a financial power of attorney?
A Tennessee adult who is impaired (e.g., by stroke) and cannot write may still execute a financial power of attorney by marking an X, by directing a third party to sign on their behalf with…
Who counts as a 'qualified elector' for a Florida special-district referendum?
In informal, advisory comments, the AG's office read 'qualified electors of the district' to mean only the registered voters of the Spring Lake Improvement District in Highlands County, so only they…
Can a Florida county hold a property owner responsible for code violations caused by their tenants?
Yes. The AG concluded that the Local Government Code Enforcement Boards Act (Part I, Chapter 162) did not preempt Brevard County from adopting an ordinance defining 'violator' to include owners of…
Can a Florida school district hand out its student code of conduct online instead of on paper?
Mostly yes, with a catch. The AG concluded that because section 1006.07(2) does not specify how to distribute the student code of conduct, the Broward County School Board had discretion to choose…
Who fills a vacancy on a Tennessee county board of education: the county commission, or the school board itself?
Vacancies on a Tennessee county board of education can only be filled by the county legislative body (commission) until a successor is elected, because a county school board member is a 'county…
Could a Texas city apply a developer's credit for building an oversized water line against sewer impact fees owed by the same development?
Yes. GA-0788 concluded that chapter 395 did not require the credit to stay within the water-fee category, although a city could choose to limit the credit through its ordinance or agreement.
Is a Virginia locality's stormwater charge a tax or a fee, can it be enforced like a tax lien, and can landowners be 'grandfathered' or charged for runoff that originated on someone else's property?
The § 15.2-2114 stormwater charge is a fee, not a tax. The locality can enforce it with liens. Senate Bill 395 didn't delay enforcement. There is no statutory grandfathering, no waiver for…
Did South Carolina’s 10 percent cash-deposit bail option violate the constitutional right to bail by sufficient sureties?
The Attorney General concluded that the statute allowing a court to accept a cash deposit of up to 10 percent of the bond amount as an alternative to a surety bond would withstand constitutional…
Did Georgia's $125 judicial operations fund fee from House Bill 1055 apply to notary appointment certificates, raising the cost from $37 to $162?
Yes. The $125 judicial operations fund fee under O.C.G.A. § 15-21A-6.1(a) applies to 'all other proceedings of a civil nature,' which includes the issuance of certificates of appointment and…
If I'm over 65 and file a tax deferral, can a property tax loan company still force the sale of my home over unpaid taxes?
No, not while the deferral is in effect. The Attorney General concluded that if an individual age 65 or older properly files a tax deferment under Tax Code section 33.06, a property tax lender…
Can a Virginia town pass an ordinance preventing two spouses from holding interrelated elected offices at the same time?
No. The Virginia Constitution sets the qualifications to hold elective office, and the General Assembly has not authorized localities to add a 'no two spouses' restriction. Such a local ordinance…
Can the same person serve on both a Texas water utility district board and a community college board of trustees at the same time?
Probably not, but the answer depends on the facts. The Attorney General concluded that holding a seat on the board of the Agua Special Utility District and a seat on the South Texas College District…
Can Tennessee remove a school board member or withhold state funding from the school district if a board member skips required annual training?
Yes. Tenn. Code Ann. § 49-2-202(a)(5) explicitly lets the Commissioner of Education remove a popularly elected school board member from office for failing to attend the annual training required by…
Did California’s veteran vending license exemption also waive sales tax?
No. The California Attorney General concluded in 2010 that the exemption waived fees and taxes charged to obtain a license for specified vending activities, but did not waive state or local sales…
Did a South Carolina detention center have to let reporters inspect its copies of arrest warrants and incident reports?
The Attorney General concluded that the detention center had to make those copies available for walk-in media inspection even when the originals were available at courts. The arresting agency or…
Could a California school district still hire a nonprofit for dropout prevention after the old program law was repealed?
Yes. The California Attorney General concluded in 2010 that school districts could contract with nonprofits for dropout prevention and retention after the former specific authorization was repealed,…
Were South Carolina circuit public defenders exempt from unemployment contributions as members of the judiciary?
The Attorney General found no basis to exempt circuit public defenders from the state unemployment program. Their inclusion in a retirement system for judges and solicitors did not make them members…
Does filing an unfair labor practice complaint with Delaware's labor board count as 'litigation' that lets a public university withhold records under FOIA?
Not clearly enough to win, the AG found. A PERB proceeding has some litigation-like features but no formal right to discovery, and when a public body's claim to the pending-litigation exemption is…
Can a Florida notary notarize a signature over live video instead of in person?
In informal comments, the AG's office read section 117.107(9) to require the signer's actual physical presence before the notary, so a live video teleconference would not satisfy the 'presence'…
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