State AG Opinions
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Can a Florida code enforcement board make a code violator pay the city's attorney's fees as part of 'costs'?
The AG concluded no. Section 162.07(2) lets a city that wins a code-enforcement case recover all 'costs' of prosecuting it, but under Florida's American Rule, 'costs' do not include attorney's fees…
Can a Florida hospital district use ad valorem tax money for Medicaid intergovernmental transfers?
The AG concluded yes to both transfers. The South Lake County Hospital District could move district funds to the state Agency for Health Care Administration to join the Medicaid Low Income Pool, and…
Can Fairfax County regulate parking on state secondary roads inside its boundaries under its specific authority, or is it stuck with the narrower statutes that apply to large or urban-executive counties?
Yes. Section 46.2-1222 specifically names Fairfax County and gives it broad authority to regulate parking on state secondary roads inside the county, including the power to classify vehicles and…
How can Florida's E911 fee money, and the interest it earns, be spent?
The AG declined to issue a formal opinion: questions about the Legislature's appropriations power can be addressed only at the Legislature's request, and the office cannot opine on the federal 911…
Could South Carolina’s governor remove Employment Security Commissioners for failing statutory duties?
Yes, if a statutory ground such as misfeasance was found. The Attorney General said in 2009 that commissioners and the executive director were state officers subject to the governor’s for-cause…
Could Williamston Rescue Squad collect unpaid bills through South Carolina’s tax-refund setoff program?
No. The Attorney General said in 2009 that Williamston Rescue Squad’s contract made it an independent contractor, not a governmental or quasi-governmental claimant agency for the tax-refund setoff program.
Are firefighter training records at Delaware's State Fire School public records under FOIA?
Yes, the AG found. Even though a firefighter's training record is kept in his company personnel file, nothing in a simple list of courses and hours completed could count as an invasion of personal…
If you take a Florida toll-violation ticket to court instead of paying, does the mandatory $100 fine still apply?
The AG concluded the mandatory $100 fine does not apply once a driver elects a hearing. Choosing to appear waives the Chapter 318 civil-penalty scheme, so instead of the fixed $100 fine in section…
When can a Florida planning commission member recuse from voting, and when must they vote?
The AG explained that under section 286.012 a planning commission member who is present must vote and cannot abstain, with one exception: a voting conflict. Section 112.3143(3)(a) requires…
Does Article 3, Section 33 of the Wyoming Constitution require every bill that touches on taxes, including bills that decrease taxes or are revenue neutral, to start in the House of Representatives, or can a property tax deferral bill begin in the Senate?
It does not, and yes the Senate can. Attorney General Bruce Salzburg overruled the office's 1986 reading that all tax-related bills must originate in the House. He read the Wyoming clause to track…
Could a Denmark Technical College trustee also join Allendale County’s aeronautics commission?
No. The Attorney General concluded in 2009 that both the Denmark Technical College board seat and the Allendale County Aeronautics and Development Commission seat were public offices, so one person…
Did South Carolina First Steps have to verify an adult applicant’s immigration status for a child’s benefit?
The Attorney General said in 2009 that the verification rule turned on the applicant’s age, not the child beneficiary’s age. The office advised First Steps to comply because a court might classify…
Can Georgia school boards form a nonprofit corporation to pool resources and sue the State for more education funding?
No. Georgia school boards have only the powers the General Assembly expressly or impliedly gave them. The legislature has authorized other state-created entities (community service boards, the Music…
After the 2008 amendment to W. Va. Code § 59-1-10(a)(1) said county clerks could keep $11 of certain recording fees for their office's operation, can clerks set up a separate fund for those retained fees, or must the money go to the county treasury under the older general statute?
Clerks can keep the $11 for their offices and may set up a separate fund to receive it. The AG concluded that the 2008 amendment in S.B. 622 conflicts with the older provisions in W. Va. Code §§…
Can a West Virginia charitable raffle licensee use a ticket dispenser machine to sell raffle tickets, and can the State Tax Commissioner enforce five operating criteria he set for those machines, including a ban on paying money or tokens directly to players?
Yes on both, with a qualification on enforcement. The AG concluded that the Tax Commissioner's interpretation of the Charitable Raffles Act and the Charitable Raffle Boards and Games Act was…
Can a Virginia county's Coal and Gas Road Improvement Advisory Committee dedicate fund money to pay the salary of a Commissioner of Revenue employee who audits coal and gas producers' tax records?
No. Section 58.1-3713(A) says coal and gas road improvement tax revenue 'shall be spent for improvements to public roads.' The statute does not implicitly authorize spending the money on a…
If a Virginia business owner renovates their own commercial building under the contractor-licensing self-help exemption, do they still need a certificate of occupancy before reopening?
Yes. The Code § 54.1-1101(A)(9) exemption only relieves business owners from contractor licensing requirements; it does not waive the certificate of occupancy required by the Virginia Uniform…
Can a Virginia city help form an airport authority across the state line in Tennessee and transfer its share of a regional airport to that authority without going back to the General Assembly?
Yes. The City of Bristol's Charter expressly authorizes joining with other political subdivisions both within and outside Virginia to jointly own and operate property for airport purposes. That…
If a Virginia notary signed and stamped electronic documents before the July 2008 e-notary statute kicked in, are those notarizations still legally valid?
Yes. Electronic notarizations done by Virginia notaries before July 1, 2008, are valid if the notary was properly commissioned and complied with applicable law. After July 1, 2008, electronic…
Can a Virginia city or county's police department set its own rules for picking which tow companies handle accident scenes, without going through the local advisory-board and ordinance process?
A local police department may adopt procedures for selecting towing companies at accident scenes if those procedures are tied to public safety (response time, equipment safety, scene cleanup).…
Are campaign yard signs in a Virginia state highway right-of-way illegal everywhere, and can a county other than Fairfax help VDOT remove them?
Political campaign signs may not be placed within the limits of any state highway right-of-way under Va. Code § 33.1-373. The opinion concludes that only Fairfax County is authorized to enter into…
Was Mesa State College eligible for Amendment 50 community college gaming-tax revenue?
Yes. The AG concluded that Mesa State College's Western Colorado Community College Division qualified as a public community college under Amendment 50 and so its students and programs were eligible…
Can a Florida city charter bar the mayor from holding any other public office or job?
A town attorney asked whether a Kenneth City charter clause barring the mayor from holding any other public office or public employment was constitutional and valid. The AG explained that his office…
What are the open-meeting rules for a Florida state college board of trustees?
An informal AG letter warned the trustees of Northwest Florida State College that holding a board meeting in Tallahassee, far from campus, was very questionable under the Sunshine Law. The letter…
Can a Florida sheriff keep firearms taken from someone who was Baker Acted but never arrested?
The AG concluded that unless the person was arrested and criminally charged, the Baker Act gives a sheriff no authority to keep firearms taken from someone sent for involuntary mental-health…
Could a Virginia police officer write someone a seat belt ticket at a checking detail or roadblock, when the only reason they were stopped was the checkpoint itself?
No. A roadblock or checking detail by itself is not 'cause to stop or arrest' the driver for some other offense, so officers may not issue a seat belt summons based on the stop alone. If, during the…
Can a small business owner choose to pay personal property tax on a company car in the county where the employee parks it overnight, instead of the county where the business is based?
Mandatory. Va. Code § 58.1-3511(A)(ii) requires the alternative situs for a business vehicle weighing 10,000 pounds or less. The vehicle is taxed in the locality where the business is directed and…
Does a Florida special district have to pay mileage to an independent contractor?
The Duval Soil and Water Conservation District asked whether an administrative assistant it planned to hire as an independent contractor was entitled to mileage. The AG explained that section…
Could South Carolina’s governor remove the SLED chief or public safety director without cause?
No. The Attorney General said in 2009 that the SLED chief and Department of Public Safety director were subject to the for-cause removal grounds in Section 1-3-240(C), even though their agencies…
Could the DMV license a technical college truck-driving school that relied on its subcontractor’s trucks and instructors?
The Attorney General believed the DMV rule required a school seeking a truck-driver-training license to have a commercial vehicle registered or leased in its name and employ a licensed instructor.…
Can a Florida city council member post how they plan to vote on a blog or in the newspaper?
The Hallandale Beach City Attorney asked whether a council member could publish his planned vote on a blog or in the newspaper, and whether the city could ban that. The AG explained that simply…
Can a Texas county make a landowner remove a hazardous mailbox from the road right-of-way?
The Attorney General concluded that a commissioners court, which has general control over county roads and a duty to keep them safe, may remove or order the removal of objects in the road…
Can a bailiff who isn't a licensed jailer supervise inmates in courthouse holding cells?
The Attorney General did not decide this. The opinion confirmed that the Texas Commission on Jail Standards has authority to regulate the observation of inmates held in courthouse holding cells, and…
When did resisting a South Carolina arrest become the more serious officer-assault offense?
In ten assumed-lawful arrest scenarios, the Attorney General distinguished resistance without assault from conduct that assaulted, beat, or wounded an officer. It placed the nonassaultive scenarios…
Could a South Carolina sheriff or state trooper take command of a city police investigation inside city limits?
The Attorney General said agencies with overlapping jurisdiction could investigate the same incident, but identified no general legal hierarchy letting one command another’s investigative methods.…
Was Marlboro County’s bid-protest process invalid because its administrator also recommended awards?
The Attorney General did not find the ordinance invalid in 2009. It said the administrator’s dual role alone did not prove bias, and only a court could invalidate the ordinance after the facts of a…
Which county investigated a death on Lake Greenwood when the lake crossed county lines?
The Attorney General said in 2009 that county ownership of Lake Greenwood did not move sheriff jurisdiction across county lines. The sheriff for the county where the incident occurred had authority,…
Could a teacher transfer jobs after the teacher’s spouse joined the school board?
The California Attorney General concluded in 2009 that the district could grant a lateral transfer between teaching positions at the same rank and pay when the teacher had been employed more than a…
Could a redevelopment agency lend to a board member’s adult son’s business?
The California Attorney General concluded in 2009 that the adult, nondependent son’s ownership and shared rented home did not by themselves bar the loan. The AG advised the board member to abstain…
Can a Florida clerk or sheriff use a remote credit-card vendor to let people post a cash bond?
The Pinellas County Clerk asked whether the clerk and sheriff could contract with a vendor for a remote system letting people tap a credit or debit account to post a cash bond. The AG declined to…
Can a Texas judge let a probationer travel or move out of state?
Yes, the Attorney General concluded. Article 42.12 of the Code of Criminal Procedure gives a judge broad discretion to set the conditions of community supervision, including ordering a defendant to…
What powers do out-of-state police officers have inside a Texas border city?
The Attorney General concluded that under Code of Criminal Procedure article 2.124(b), a peace officer from an adjoining state, here Texarkana, Arkansas, has the same powers, duties, and immunities…
When a Florida public employee dies, can unused sick and annual leave be paid to their family as wages?
The AG concluded that accrued sick and annual leave qualify as 'wages' under section 222.15(1), so when a public employee dies the value of that unused leave may be paid to the spouse, adult…
Can a Florida state agency keep a company's trade secrets confidential under the public records law?
The Division of Plant Industry asked whether it could protect confidential business information so it could join a USDA biotechnology pilot. The AG concluded that the division's authorized…
When could the apparent winner of a contested Horry County school board election take office?
The Attorney General said the apparent winner could not take office until state-level election certification was complete. Under the school trustee statute, the term began one week after that…
Could the Georgia Public Defender Standards Council sue the State to challenge being moved from the judicial to the executive branch?
No on every level. The General Assembly was constitutionally authorized to move the GPDSC to the executive branch (no constitutional clause requires indigent defense be lodged in the judiciary), the…
If a Florida council member hosts a public forum other members attend, must it be noticed under the Sunshine Law?
The Hallandale Beach City Attorney asked whether a public forum hosted by one city council member, which other members might attend and join in discussing city business, had to be publicly noticed.…
Could a Greenville Tech campus officer appointed as a state constable cite county ordinance violations?
Yes. The Attorney General said in 2009 that the campus officer’s state-constable authority to enforce criminal laws included properly adopted county ordinances.
Could a school district use refunding bonds to raise extra money for school projects without a new vote?
The California Attorney General concluded in 2009 that a district could not issue refunding general obligation bonds without voter approval to raise more than it needed to retire the targeted debt.…
Can a Florida law enforcement officer be commander of an American Legion post that holds a liquor license?
A state representative asked whether section 561.25 stopped a certified law enforcement officer from serving as commander of an American Legion post that holds a liquor license and runs a canteen.…
Could a South Carolina development agreement make future landowners pay special school-construction taxes?
The Attorney General said a developer could agree to build a public school in a development agreement, but the Development Agreement Act neither required that promise nor authorized a special tax…
Which 2008 Georgia misdemeanors did the Attorney General designate as fingerprintable for entry in the criminal history database?
The AG designated 11 of 13 reviewed offenses as fingerprintable, including alcohol vaporizing devices, dog-collar removal, retail property fencing, dog-fight spectator presence, sale of…
How are petition signatures counted for a Florida county wet/dry local option election?
A Madison County resident asked how to count the signatures needed for a county-wide vote on selling liquor, wine, or beer, given that registered-voter totals had jumped around a general election.…
Can a Florida county pledge a small-county sales surtax to secure a loan without a referendum?
The Hamilton County clerk asked whether a small-county sales surtax that the commission adopted by a unanimous vote, without a referendum, could be pledged to secure a loan for a water and…
Could South Carolina’s Division on Aging create and fund a nonprofit to certify senior-safe businesses?
Yes, conditionally. The Attorney General said in 2009 that the Division on Aging had implied authority to create a nonprofit serving its statutory purpose and express authority to award grants and…
Did Education Code 11.051(a-1) change how many votes a Texas school board needs to act?
No, the Attorney General concluded. Education Code section 11.051(a-1) says a school board may act only by majority vote of the members present at a properly held meeting where a quorum is present…
Can a school district police chief also serve on a city council in the same area?
Yes, the Attorney General concluded. The common-law incompatibility doctrine bars one person from holding two public offices with conflicting duties, but it applies only when both positions are…
If a Virginia city council holds a meeting without posting the required public notice and uses that meeting to appoint a school board member, is the appointment valid?
The appointment is void from the beginning. Section 2.2-3707(C) of Virginia's FOIA requires public bodies to post notice of every meeting in a prominent public location, and § 2.2-3710(A) prohibits…
Can a Virginia county create a service district to help build and run a combined library, recreation center, and meeting place facility?
Yes. Section 15.2-2403(1) authorizes counties to create service districts and construct, maintain, and operate facilities providing additional or more complete governmental services, including…
If a Virginia city council holds a meeting without giving the FOIA-required public notice and then votes on something, is the vote still good?
No. When the Franklin City Council voted to appoint a new school board member at an April 1, 2008 meeting that had not been publicly noticed as required by Virginia FOIA § 2.2-3707(C), the…
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