State AG Opinions
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Would a proposed Middle Court pilot in South Carolina's Fifth Judicial Circuit violate equal protection?
The Attorney General concluded in 2009 that a proposed Middle Court pilot in the Fifth Judicial Circuit would not violate equal protection because testing an alternative sentencing program there had…
Could Columbia code officers tag a vehicle parked on private land with its owner's consent as abandoned?
The Attorney General said in 2009 that code officers could tag qualifying vehicles on public highways, but could not tag a vehicle parked on private property with the property owner's consent as…
Can Fairfax County or another Virginia county pass an ordinance making it illegal to leave a vehicle parked unattended on a residential street, when the resident keeps registration and inspection current?
Not under § 46.2-1209 alone, which only authorizes police to remove vehicles, not localities to ban parking. But Virginia counties have other tools: § 46.2-1213 lets them adopt removal ordinances…
When did ordinary laws from Kentucky's 2009 regular legislative session take effect?
The AG concluded that ordinary legislation from Kentucky's 2009 regular session took effect at the first moment of June 25, 2009. General appropriation measures and acts with emergency or delayed…
Could South Carolina's legislature accept federal stimulus funds if the governor refused, and could it make him apply?
The Attorney General said in 2009 that a concurrent resolution could substitute for the governor's initial federal acceptance certification. It did not replace separate federal requirements for the…
Can a Texas justice of the peace hear truancy cases for students in a school district outside the JP's precinct?
Yes, the Attorney General concluded. The failure-to-attend-school offense under Education Code section 25.094 may be prosecuted in a justice court of any precinct in the county where the alleged…
Could the Maine Public Utilities Commission refuse a municipality's or county's request to switch its Public Safety Answering Point (911 dispatch) service provider?
The Maine AG concluded that even though 25 M.R.S.A. § 2926 does not expressly address a PSAP-change request, the Emergency Services Communication Bureau's broad responsibility for the E-9-1-1 system…
Could a Kentucky county clerk refuse to record a mortgage amendment because it changed loan terms?
The AG said a county clerk lacked authority to refuse a duly prepared mortgage amendment that met general recording requirements. An amendment could change a mortgage's terms, amount, or interest…
Was a charity's house drawing lawful when donors bought entries but others could request free entry forms?
The Attorney General concluded in 2009 that the described charity house drawing was a lottery. Each $25 donation earned an entry, and the office treated the cumbersome free-entry procedure as a ruse…
How are a Texas multi-county district court reporter's expenses reimbursed, and can the commissioners court set them?
Under Government Code section 52.055, the Attorney General concluded. When the court reporter of a multi-county district court (here the 506th, covering Waller and Grimes Counties) performs official…
May Texas require local governments to comply with their federal immigration duties?
A local policy restricting officials or employees from sharing immigration-status information with federal authorities likely conflicts with 8 U.S.C. sections 1373 and 1644 and is a nullity, the…
Can a county board of supervisors stop a general reassessment from being finalized just because the board doesn't like the values the assessor came back with?
No. Once a county appoints an independent professional assessor to conduct a general reassessment, the board of supervisors has no authority to block the assessor from completing the statutory…
How do Virginia public schools handle a school-bus conflict between a student who needs a service dog and another student with a severe dog allergy?
The school board is the appropriate body to resolve this transportation dispute, the AG said. On the facts presented, allowing Student A to ride the special education bus with his service dog while…
Could Maryland race tracks offer Instant Racing machines under the Horse Racing Act in 2009?
The Attorney General concluded that the Instant Racing system using replays of previously run horse races was not pari-mutuel betting authorized by the Maryland Horse Racing Act. The Racing…
Can a Florida school district delay releasing payroll records so employees can claim exemptions?
Mostly no. The AG's office explained that the Public Records Law sets no fixed deadline but allows only a limited reasonable time to retrieve records and redact exempt portions. Payroll deduction…
Did a South Carolina county delegation need a majority of its members present, or only a majority of weighted votes, for a quorum?
The Attorney General said in 2009 that a county legislative delegation likely still needed a physical majority of members present for a quorum, even though its votes were weighted. He acknowledged…
Are a Florida school employee's tax withholding records public under the public records law?
No, they are confidential. The AG concluded that a school board employee's tax information on the payroll database (Federal Withholding, FICA, and Medicare deductions) qualifies as 'payroll…
Can a settled employment discrimination complaint be kept confidential under Florida public records law?
No. The AG concluded that the confidentiality exemption in section 119.071(2)(g)2. applies only when the alleged victim chooses not to file or pursue a discrimination complaint. Once someone has…
Could Fayette County schools pay Lexington's sewer construction privilege fee from school funds?
The AG concluded that Fayette County's school board could pay Lexington-Fayette's sewer privilege fee from school funds because its usage-and-acreage formula reasonably reflected the value of…
Could police charge a driver with an open-container violation in an unposted South Carolina parking lot?
No. The Attorney General concluded in 2009 that a person parked in a lot without the signs required by Section 23-1-15 could not be charged under the cited open-container law.
Could a South Carolina county cover deputy sheriffs with one blanket bond?
Yes. The Attorney General said in 2009 that a county could use a blanket bond to satisfy deputy sheriffs' bond requirement, provided both the county council and county attorney approved it.
Could Washington’s Public Works Board hire or fire the state employees assigned to support it?
No. In 2009, the attorney general concluded that the Public Works Board lacked statutory authority to hire, supervise, evaluate, transfer, or fire staff supplied by the Department of Community,…
When a Maine state agency's records sit on computers run by the central Office of Information Technology, who is the records custodian for FOAA requests?
AG Janet Mills concluded that both OIT and the originating agency could reasonably have custody of records hosted on OIT computers. OIT's policy could require the agency that collected the records…
What are a Florida city's and mayor's emergency powers under state law?
The AG's office declined to interpret Ocoee's city charter (a local matter outside its authority), but gave informal background on the state framework: cities have broad home-rule powers that cannot…
Does a Texas legislator have to resign to run for Governor?
No. The Attorney General found no constitutional or statutory provision that requires a member of the Texas House to give up the seat after announcing a candidacy for Governor during the first year…
Could a South Carolina technical college share a truck-driving instructor and leased vehicle to qualify for a school license?
Yes, the Attorney General said a technical college could meet the licensing requirements with a vehicle leased from an existing school and an instructor employed by both. The DMV could not exempt…
Did Whitten Center instructors have to be paid on the statewide teacher salary schedule?
The Attorney General did not give a definitive yes-or-no answer in 2009. Because the Whitten Center apparently did not receive the relevant education funds, its instructors might be paid…
Could Beaufort County schools add 20 instruction days for students falling behind?
Yes. The Attorney General concluded in 2009 that Beaufort County could schedule 20 additional instruction days for students needing extra help, beyond the statutory school term described in the opinion.
Could an Irmo fire investigator stay after other firefighters left to investigate a blaze?
Yes. In 2009 the Attorney General said an Irmo Fire District member who was also a commissioned police officer could remain alone for a reasonable origin-and-cause investigation after an emergency…
When did California’s high-speed rail agency gain its full project powers?
The California Attorney General concluded in 2009 that legislation had approved only selected preliminary work, but voter approval of the passenger rail bond measure in 2008 satisfied the…
What can Florida's Attorney General do about an outside audit of a county supervisor of elections?
The AG's office declined to act, explaining it has no specific authority over a county supervisor of elections. Informally, it pointed the county to the financial-reporting and audit-submission…
Can a Texas home rule city enforce its zoning and land development rules against a school district?
Yes, the Attorney General concluded. A home rule municipality may enforce its reasonable land development regulations and zoning ordinances, including setback, height, sign, landscaping, screening,…
Do court-appointed criminal interpreters have to translate documents for the prosecutor?
No, the Attorney General concluded. An interpreter appointed by the court under Code of Criminal Procedure article 38.30 is there to interpret in the courtroom for a witness or the person charged…
Does a Virginia circuit court clerk have to prepare sketch orders for civil cases and personally attend every docket call, or are those tasks discretionary?
No statutory duty to do either. The Code does not require circuit court clerks to prepare sketch orders in civil cases or attend civil or criminal docket calls. Clerks may assist with these tasks in…
Could Texas revoke the business license of employers who hire undocumented workers?
The Attorney General advised that a Texas statute closely tracking the Legal Arizona Workers Act, suspending or revoking the business license of employers of unauthorized workers and relying only on…
Does a Texas county have to include a district judge's longevity pay when setting a county court judge's salary?
No, the Attorney General concluded. Government Code section 25.0005(a) ties a statutory county court judge's pay to the total annual salary of 'a' district judge in the county, and 'a' means 'any.'…
Could a single-member LLC claim South Carolina’s four-percent legal residence property-tax assessment?
No. In 2009 the Attorney General reaffirmed that a single-member LLC could not receive the four-percent assessment ratio for legal residences, even if its only member lived in the home.
Did a certificate of occupancy prove a new house was ready for South Carolina property tax assessment?
A certificate of occupancy could serve as evidence that a new structure was complete and fit for its intended use, but the Attorney General said in 2009 it was not required. The assessor had to…
When could Timmonsville police respond to calls outside town limits?
The Attorney General said in 2009 that Timmonsville officers could respond to qualifying distress or assistance calls in the surrounding county, including calls from central dispatch, under Section…
When a Virginia business buys used equipment from another business and a local tax assessor wants to apply the 'original cost' valuation method, do they use the secondhand price the new owner paid or the original price the first buyer paid?
It means the price paid by the first buyer from the manufacturer or dealer, not the price paid by any subsequent secondhand purchaser. The plain meaning of 'original cost' is acquisition cost from…
If a Virginia defendant gets a real prison sentence and a sentence to the Detention Center or Diversion Center on the same day, how does the Department of Corrections actually carry out both?
The General Assembly intended Detention Center and Diversion Center sentences as alternatives to active prison time, not as add-ons or 'bridges' before release. A single court should not combine an…
If a Virginia land surveyor brings a boundary or physical survey plat to the courthouse to record (one that doesn't change property lines or create new parcels), can the clerk refuse it because the locality's planners haven't reviewed it first?
No. Virginia's subdivision enabling statutes only authorize local pre-approval for plats that subdivide land, change property lines, or create new parcels. Boundary surveys and physical surveys that…
In a Virginia debt collection case, can the creditor's lawyer sign and file the affidavit stating the amount owed, or does the creditor have to sign it personally?
Yes. A plaintiff’s attorney in a debt collection case is an agent under Virginia Code § 8.01-28 and may sign and file the affidavit stating the claim amount. The opinion notes that the…
Are the psychological reports filed in a Virginia criminal case to determine if a defendant is competent to stand trial open to the public, or are they protected as confidential health records?
Open. Once a court orders a competency evaluation and the evaluator's report is filed with the court, that report becomes part of the court's record and is open to public inspection under §…
Can a Florida county charge an extra plan-review or inspection fee just because a new home has a fire sprinkler system?
The AG concluded no. Section 633.025(9) bars a local government or utility from charging any plan-review or inspection fee above what a non-sprinklered home pays, on the basis that a one- or…
Can a Florida city pass an ordinance requiring condominium associations to provide their own security guards to fight crime?
The AG concluded the city appeared to have the authority. Florida's home-rule grant and broad municipal police powers let a city require condominium associations to furnish security guards, because…
How did the 2008 federal mental health parity law affect Maryland insurance coverage rules?
The Attorney General concluded that the 2008 federal parity law applied to large group policies and self-insured large group plans, requiring mental health and substance use limits no more…
Did Maryland's Health Care Commission need to recalculate its fiscal 2002 user fees after a 2001 law changed allocation rules?
The Attorney General concluded that the Maryland Health Care Commission should have amended its regulations to implement a 2001 fee-allocation law for fiscal 2002. Because it had not done so before…
Did South Carolina require tourism-tax-funded improvements for major retail sites to be publicly owned?
No. The Attorney General said in 2009 that the special provision for extraordinary retail establishments did not carry over the public-ownership requirement in the general definition. The office…
Could a South Carolina magistrate hear an uninsured-vehicle charge against its titled owner?
The Attorney General concluded in 2009 that the statute gave no specific penalty for a titled owner’s offense. It applied a general sentencing provision, said imprisonment could reach ten years, and…
Could California require police to report each anti-reproductive-rights incident to the AG?
The California Attorney General concluded in 2009 that the office could direct local law enforcement to provide both a monthly summary and an individual report for every anti-reproductive-rights…
Could Six Mile’s mayor or council appeal a zoning administrator’s decision?
Yes. The Attorney General said in 2009 that the mayor and individual council members were municipal officers, and the council itself was a board, so each could appeal a zoning administrator’s…
Could a South Carolina real estate agent fill in transaction details on an attorney-prepared sale contract?
The Attorney General said in 2009 that merely filling in transaction-specific blanks on an attorney-prepared form did not appear to be unauthorized law practice if the agent gave no legal advice or…
Could someone serve on both Oconee County’s arts commission and disabilities board?
Yes. The Attorney General said in 2009 that disabilities-board membership was a public office but the arts-commission seat was not, so holding both positions did not violate the constitutional…
Did Jasper County need an ordinance to grant a utility easement on county land?
Yes. In 2009 the Attorney General concluded that granting a utility easement over county-owned land was a legislative transfer of a property interest requiring an ordinance, even if the county…
Could Blackville’s mayor also serve as the town’s paid operations manager?
The Attorney General said in 2009 that the operations-manager job was employment, not a second public office, so the constitutional dual-office ban did not apply. The office nevertheless advised…
Could South Carolina public libraries use the school-property trespass law to exclude patrons?
No. The Attorney General said in 2009 that the special school-property trespass rule did not extend to public libraries. The opinion identified library-board regulations, county ordinances, and some…
Can a Florida city commission declare itself the governing board of its community redevelopment agency?
The AG declined to issue a formal opinion because the request did not come from a majority of the city commission. Informally, the office noted that under section 163.357(1)(a) a city or county…
Could a Florida minor get a marriage license, and would the Attorney General advise a private person about it?
The AG's office declined to advise a private individual but quoted the 2009 statutes. Florida generally required parties to be 18. Section 741.0405 allowed a license for a 16- or 17-year-old with…
Does Florida give a public employee on active military leave 30 calendar days or 30 working days of full pay?
The AG declined to call the city's reading wrong. Section 115.09 grants the first 30 days of active-military-service leave 'with full pay' without saying calendar or working days, but longstanding…
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