State AG Opinions
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When a juvenile and domestic relations court transfers a juvenile to circuit court for trial as an adult and nobody appeals, does the circuit court still have to enter a separate 'enabling order' before the prosecutor can seek an indictment?
No. After the 1996 amendment to § 16.1-269.6(B), a Virginia circuit court only has to review the papers and enter an enabling order if one of the parties appeals the juvenile court's transfer…
Did Connecticut gas stations have to disclose that a cash discount did not apply to debit card purchases?
The statute did not require gasoline retailers to extend cash discounts to debit cards. The AG concluded, however, that retailers should disclose the exclusion and that the Department of Consumer…
Can a Florida city or county discipline a state-certified contractor, or only the state licensing board?
In an informal opinion, the Attorney General's office explained that primary authority to discipline state-certified contractors rests with the Construction Industry Licensing Board. Local…
Can a New York town build a public library on town parkland without state legislative approval, and can it put the project to a referendum?
The AG recommended seeking legislation before building a public library on parkland because New York courts had not settled whether that is a park use. A referendum might be authorized under Town…
Could a Moncks Corner volunteer firefighter also serve on the rural fire commission that supervised the department?
The Attorney General said the constitutional dual-office ban did not prevent a member of a lawfully organized volunteer fire department from serving on its fire commission. But if commissioners…
When a county shelter transferred unclaimed animals to a humane society, did the county have to keep the society’s sterilization records?
The Attorney General said Cherokee County could release eligible unclaimed animals to the Humane Society without liability for that transfer, and need not retain sterilization records for those…
Could Connecticut's Child Advocate designate a staff member to vote at Family Support Council meetings?
Yes. The AG concluded that the Child Advocate could authorize a staff member to attend and cast her vote at Family Support Council meetings because another statute allowed staff to perform her…
Would Talbot County's missed five-week charter notice schedule void the referendum results after the election?
The Attorney General agreed with Talbot County counsel that, in a challenge after the 2008 election, a court likely would leave two charter amendment results intact despite notices being published…
Does a Florida clerk have to charge a filing fee to file a domestic violence protection petition?
Attorney General Bill McCollum concluded that a clerk of court may not assess a filing fee for a petition for protection against domestic violence. Section 741.30(2)(a) prohibits that fee…
Can a Florida CRA use tax increment funds to help build a nonprofit's new facility outside the redevelopment district?
Attorney General Bill McCollum concluded that a community redevelopment agency may spend redevelopment trust funds to relocate displaced site occupants to a new location inside or outside the…
Can my employer stop me from notarizing documents at work, or keep my notary stamp and record book if I quit?
The Attorney General split the answer. An employer may limit or prohibit an employee who is a notary public from performing notarial acts during working hours, because the common law lets an…
Can a Texas county charge a road-cut fee when a company bores under the road instead of cutting through it?
No. The Attorney General concluded that the county road-cut fee in Local Government Code section 240.907 reaches only activities that excavate or cut the surface of a county road. The statute…
Can a Texas hospital district pay to build a structure to house a city's ambulance that serves the district?
It is the board's call, within limits. The Attorney General concluded that the Hall County Hospital District has express authority to provide for the operation of a mobile emergency medical service,…
Could a Dorchester election board member take leave to campaign for his wife, resume the seat, and have his unpaid stipend shared by other members?
The Attorney General said no law authorized that board leave and concluded the member should have been deemed resigned under the three-consecutive-meeting rule, though a court alone could finally…
Could South Carolina’s labor and licensing department issue pharmacy licenses, permits, and technician registrations for the Board of Pharmacy?
The Attorney General concluded in 2009 that the Board of Pharmacy held authority to license pharmacists, permit facilities, and register technicians. The labor and licensing department had…
Could Kentucky lawmakers authorize video lottery terminals at racetracks without another constitutional amendment?
The AG concluded that Section 226(1) of Kentucky's Constitution permitted the General Assembly to authorize state lottery video terminals at designated racetracks without another constitutional…
Are NC state employee sick, vacation, bonus, and compensatory leave balances public records the UNC system must disclose?
Yes. The AG concluded that the 2007 amendment expanding § 126-23's definition of 'salary' to include 'benefits' covered leave time. 'Current benefits' includes accumulated leave balances available…
Can a Florida officer's vested local pension be forfeited for a crime committed after he moved to a different retirement system?
Attorney General Bill McCollum concluded that section 112.3173 reaches every public retirement system an officer belongs to, not just the one he was actively contributing to when he committed the…
Can a Florida newspaper get the names and addresses of people who made 911 medical calls from county EMS records?
Attorney General Bill McCollum concluded that the entire record of an emergency call containing patient examination or treatment information is confidential and exempt from the public records law…
Can a Florida county make it a misdemeanor to not pay a civil fine from a county code or animal-control citation?
Attorney General Bill McCollum concluded that Gilchrist County, a noncharter county, had no authority to adopt an ordinance making it a misdemeanor to fail to timely pay a civil penalty imposed…
Can a Florida county spend infrastructure surtax money to build a facility that will be owned by a private entity or the Navy?
Attorney General Bill McCollum concluded that Escambia County could not use local government infrastructure surtax proceeds to help build a Naval Flight Academy that the county would not own and…
Can a Florida port district give a grant to build replica boats that will be donated to a museum in Spain?
Attorney General Bill McCollum concluded he could not find that a district purpose would be served by the St. Augustine Port, Waterway and Beach District funding a grant to build two replica boats…
Does a Florida farm building with bedrooms and a kitchen used part-time count as residential, and can the county still apply zoning?
Attorney General Bill McCollum reached two conclusions. First, the word residential in section 604.50 does not require full-time occupancy: a structure clearly designed for living (here a barn with…
When Northampton County pulls out of a joint planning commission with three Eastern Shore towns that aren't next to each other, do the towns have to set up their own planning commissions?
Yes. Once Northampton County withdraws from the Northampton County Joint Planning Commission, the joint commission cannot continue because the three remaining towns (Eastville, Cheriton, and…
Did registering a car and motor home in Florida automatically disqualify a South Carolina homeowner from the legal-residence tax rate?
No automatic disqualification followed from the Florida vehicle registrations. The Attorney General said the property had to be the taxpayer’s legal residence or domicile for the assessment and…
Could Williamsburg County franchise private ambulance services and cap the number of providers at four?
The Attorney General said the EMS Act did not bar Williamsburg County from requiring ambulance franchises. But it found no county authority to limit convalescent-transport franchises to four and saw…
Could South Carolina budget provisos let county legislative delegations approve Department of Natural Resources spending?
The Attorney General concluded in 2009 that a court would likely find two DNR budget provisos unconstitutional because they let legislative delegations execute an enacted spending law. The office…
After Georgia's 2008 indigent defense reforms, what is the Council's role versus the Director's role at the Public Defender Standards Council?
The Director runs the day-to-day operation of the agency. The Council retains a more limited set of concurrent functions: setting standards, conducting audits, making financial disclosures,…
If a Virginia person designated someone in a § 54.1-2825 writing to handle 'burial' arrangements, can that designee also take over funeral planning, and does the designee outrank the family?
'Burial' is narrower than 'funeral.' A § 54.1-2825 designee has authority to make arrangements to dispose of remains (including interment or cremation), not to plan the funeral itself. The designee…
Can a Florida city hold a closed meeting to discuss settling a Bert J. Harris Act claim before any lawsuit is filed?
Attorney General Bill McCollum concluded that a town council that has received a pre-suit notice letter under the Bert J. Harris Act is not a party to pending litigation, so it may not hold a closed…
Could a transportation district elect a commissioner from the same county as South Carolina’s sitting at-large transportation commissioner?
The Attorney General concluded in 2009 that a person from the same county as the sitting at-large transportation commissioner was not eligible for election as a district commissioner. The statute…
Could Tega Cay charge nonresidents for annual parking stickers at parks while residents parked without a fee?
The Attorney General concluded in 2009 that Tega Cay’s ordinance was lawful: the city could charge nonresidents for an annual parking sticker at selected parks while charging residents nothing. The…
Was a local bill needed to pay Chester County schools for Fairfield County students who lived closer to Chester schools?
The Attorney General said the proposed local bill appeared unnecessary because existing law already addressed students who lived closer to schools in an adjacent county. Their home district had to…
When a Virginia gas owner does not elect to participate in a compulsory pooling order's options, can the Gas and Oil Board treat their interest as 'deemed leased' to the well operator, and does this amount to a taking without due process or compensation?
Yes, the Board not only may but must include 'deemed leased' language in compulsory pooling orders when gas owners do not elect a statutory option. The mandate comes from the General Assembly under…
When the Virginia Gas and Oil Board orders compulsory pooling for a coalbed methane well, can it allow the operator to deduct post-wellhead processing, transportation, and marketing costs from the gas owner's one-eighth royalty?
Yes. The Virginia Gas and Oil Board has broad statutory authority to issue compulsory pooling orders, and its standard order language allowing deduction of post-production costs (gathering,…
Did the Colorado Lottery have to verify the lawful U.S. presence of every retailer license applicant and every winner cashing a ticket above $599?
Mostly no, partly yes. The AG concluded that cashing a winning lottery ticket was not a 'service' triggering the Secure and Verifiable Identity Documents Act, but that a lottery retailer license was…
Could a South Carolina school board add agenda items at the start of a meeting by majority vote under its own policy?
The Attorney General said in 2009 that posting the agenda in its most final form at least twenty-four hours before a meeting best served FOIA. It did not say every late change was forbidden, but…
Can a Delaware town keep a neighbor's complaint letter confidential even after the mayor mentioned parts of it in public?
Yes, the AG found. The letter qualified as a law-enforcement investigatory file that could stay confidential to protect the complainant's identity, and neither the mayor's partial public comments…
Can the Georgia Public Service Commission ignore O.C.G.A. § 46-2-5 and elect its own chairman by simple majority for a two-year term?
No on every count. The chairman-selection statute is constitutional, the PSC has no authority to declare a statute unconstitutional or to disregard it, the chairman must be selected for a one-year…
Could a McBee town council member also serve on the Chesterfield County Economic Development Board?
The Attorney General concluded in 2009 that a McBee Town Council member could also sit on the Chesterfield County Economic Development Board without violating the state dual-office prohibition.…
Could a South Carolina charity give door prizes at a fundraising event without conducting an unlawful raffle?
The Attorney General said in 2009 that he knew of no prohibition on charity door prizes that did not operate like a raffle with prize, chance, and consideration. He reiterated that a nonprofit or…
Could an Iva Fire Department board member also serve on the Anderson County Election Commission?
The Attorney General concluded in 2009 that one person could serve on both the Anderson County Election Commission and the Iva Fire Department Board of Directors. The election commission seat was a…
Could an MUSC trustee remain his congressional district's representative when his spouse claimed residence in another county?
The Attorney General said in 2009 that the trustee might remain eligible to represent his congressional district. His own intent and connections to his Columbia home could support continued…
Must South Carolina officers add a separate warning that an arrested person can stop answering questions at any time?
The Attorney General concluded in 2009 that officers did not have to give a separate 'fifth' Miranda warning about stopping an interrogation. He treated that ability as part of the required…
Could South Carolina offer inmates sentence reductions or donors tax credits in exchange for organ donations?
The Attorney General concluded in 2009 that sentence reductions for inmate organ donors could violate the federal ban on valuable consideration for transplant organs. He also viewed tax credits for…
Can a Delaware county require you to pay a records-retrieval fee before it will let you review emails you requested under FOIA?
Yes, the AG found, when the county has a written policy authorizing the charge. Sussex County could require the requester to pay $227.12 in advance for the eight hours of staff time it took to pull…
Are a Florida city commissioner's private handwritten meeting notes public records the public can request?
In an informal opinion, Assistant Attorney General Lagran Saunders explained that handwritten notes a city commissioner takes purely for personal use, not intended to perpetuate, communicate, or…
Can someone with power of attorney change my burial or cremation plans in a prepaid funeral contract?
No. The Attorney General concluded that where a person has specified the method of disposition of their remains in a fully paid prepaid funeral contract, the person's agent under a statutory durable…
Can an attorney give a school board free legal advice while being paid to collect the district's delinquent taxes?
The Attorney General gave a mixed answer. Because the attorney is an independent contractor, not a district officer or employee, serving both as an unpaid advisor to the board and as the paid…
Can a court force a Texas justice of the peace to change the cause of death on a death certificate?
It depends, and the Attorney General did not give a flat yes or no. A justice of the peace who conducts an inquest signs the death certificate and may reopen the inquest, and a registered…
Does the Texas Open Meetings Act forbid a city charter from letting a majority of the council call a special meeting?
Not on its face, the Attorney General concluded. Rockwall's charter let the mayor or a majority of the council call a special meeting with public notice. The Open Meetings Act does not set…
Can a Texas assistant district or county attorney also work as a criminal defense lawyer in federal court or a neighboring county?
Generally yes, the Attorney General concluded, but with limits. Article 2.08 of the Code of Criminal Procedure bars elected district and county attorneys from being counsel against the State, but it…
Could Maryland's State education department borrow local school employees instead of hiring them directly?
The Attorney General concluded that Maryland's State Department of Education could contract with local school systems for educators' temporary services. If a loaned educator worked for the…
If a Virginia bail bondsman signs a bail bond as an agent for the insurance company that backs it, can the bondsman be sued personally when the defendant skips court and the bond is forfeited?
No. When a Virginia surety bail bondsman signs a bail bond as a disclosed agent for the named corporate surety (and stays within the authority granted by the surety's power of attorney), the…
Does the Florida Attorney General have authority to act on an audit of a county supervisor of elections?
After the Hillsborough County Attorney forwarded an Ernst & Young audit of the county Supervisor of Elections and asked the Attorney General to take any appropriate action, Assistant Attorney…
Can a Virginia city like Manassas Park charge every house and every business a flat fee to fund maintenance of city parks and open-space land?
Yes. Senator Charles Colgan asked on behalf of the City of Manassas Park, and the AG concluded that the Open-Space Land Act authorizes Virginia municipalities to impose a flat fee on each…
Can a Florida city council member with a concealed weapons permit carry a gun into council meetings as their place of business?
Attorney General Bill McCollum concluded that a city council member may not carry a weapon or firearm into a city council meeting, and that the place-of-business exception in section 790.25(3)(n)…
Could a Maryland Department of Agriculture employee also own a farm regulated by the department?
The Attorney General concluded that the 2007 statutory exception allowed Agriculture Department employees other than the Secretary and Deputy Secretary to own or operate a farm if they had no…
Can a Maryland deputy sheriff make someone remove a veil or face covering to enter a courthouse, even if they wear it for religious reasons?
Yes. A deputy sheriff may require anyone entering a courthouse to temporarily remove a mask, veil, or other face covering at the security checkpoint, whether or not the person cites a religious…
If a Delaware county already retrieved a batch of emails for one FOIA requester, can it charge a second requester the full retrieval cost again?
No, not unless the county actually has to redo the work, the AG found. Sussex County could reasonably charge $227 for the eight hours of staff time it took to pull emails from its computer system,…
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