State AG Opinions
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Does the sheriff of an Oregon home rule county have to meet the state statutory qualifications for sheriff, including DPSST police certification?
Yes. AG Hardy Myers reconsidered a 1980 AG opinion and concluded that a home rule county sheriff must satisfy the qualifications set out in ORS 206.015, including DPSST police-officer certification.…
Are the names and addresses of government employees covered by a public group health plan public records in Florida?
In informal comments, the AG's office concluded that Florida's exemptions clearly protect the medical condition information of employees and dependents in a public group insurance plan (sections…
Could an individual Richland County recreation commissioner manage district operations or demand office supplies?
The AG concluded in 2008 that the commission as a body could manage daily operations and approve necessary district-related supplies, but individual commissioners could not exercise those powers alone.
Does a Texas county appraisal district office have to be located in its own county?
Yes, the Attorney General concluded. Tax Code section 6.05 requires an appraisal district's office to be located in the county for which the district is established. There are two exceptions: the…
Can a Texas state licensing agency see criminal records that are sealed by a nondisclosure order?
No, the Attorney General concluded (presuming the agency is not a criminal justice agency). Government Code section 411.081(d) lets someone who completed deferred adjudication get a court order…
What gifts may a Texas Department of Information Resources board member accept from a potential state contractor?
The Attorney General read Government Code section 2054.022(a)(7) to bar a board member or the executive director of the Department of Information Resources from accepting money or anything of value,…
Did Anderson County's consent alone close the Lewis Drive railroad crossing?
The AG said in 2008 that the county had agreed to stop maintaining the crossing and consented to judicial abandonment. It suggested considering the statutory court procedure; the resolution itself…
Does New York's public trust doctrine require special state legislation when a county transfers parkland to a town if the land will keep being used as a park and all county residents will keep their access?
The AG could not confidently conclude that legislative approval is unnecessary. New York's public trust doctrine vests ultimate control of parkland in the State Legislature, and prior AG and…
Could Richland County use local hospitality-tax revenue to operate its transit system?
The AG concluded in 2008 that the county could not fund its transit system from hospitality-tax revenue. The statute listed exclusive permitted uses, and tourist access by bus did not add transit…
Did South Carolina probate fees include a decedent's out-of-state property after the probate statute changed?
The AG concluded in 2008 that out-of-state property passing by will or intestacy counted in the probate estate used to calculate fees. It expressly replaced a contrary 1981 AG opinion.
Does the rule that no one may interfere with a Florida building official stop other government staff from reviewing permits?
In informal comments, the AG's office explained that section 468.604(1)'s command that a building code administrator or official perform their duties 'without interference from any person' is not…
Does Florida's public-records exemption for police officers' personal information stop a private company like Intelius from publishing it?
In informal comments, the AG's office corrected a police chief's assertion that disclosing an officer's identity is illegal. Section 119.071(4)(d) exempts the home addresses, phone numbers, Social…
Does a school district pre-K class run with a Head Start agency need a Texas child-care license?
The Attorney General did not give a yes-or-no answer. A child-care facility generally needs a license, but an accredited educational facility that 'operates' a pre-kindergarten program primarily for…
Can a Texas university-system retiree working for another state agency receive two state health-benefit contributions?
No, and the Attorney General explained why. An individual who receives a state contribution as an annuitant (retiree) under the group benefits plan created by chapter 1601 of the Insurance Code may…
Could Connecticut voters still cast a ballot if they were in line when polls closed in 2008?
Yes, under the 2008 law discussed in this opinion. A voter already in line at 8 p.m. could vote even if the wait continued past closing. The AG also described a ballot procedure for a voter who…
How did Washington’s 2008 capital budget limit costs and financing for Olympia’s Wheeler Block project?
The Attorney General concluded that the office-building portion had a private-market rent ceiling measured per square foot or employee; a guaranteed maximum-price agreement limited overall financed…
Could a South Carolina locality set a sex-offender residency buffer greater than the state's 1,000 feet?
The AG concluded in 2008 that local governments could make the residency buffer more restrictive without conflicting with state law, but they could not set inconsistent penalties. The opinion did…
Does the federal Guarantee Clause obligate Oregon to maintain a republican form of government, and is the obligation enforceable on individual state officials even though courts rarely entertain Guarantee Clause claims?
Yes to both. AG Hardy Myers concluded that the Guarantee Clause imposes a binding constitutional obligation on every Oregon official, and the absence of a robust Supreme Court doctrine enforcing it…
Which disabled-veteran property tax exemption applies in Texas, the constitution's or the Tax Code's?
The Attorney General concluded that tax appraisal districts must use the disability-rating schedule and maximum exemption amounts in Texas Constitution article VIII, section 2(b), not the ones in…
Can a Texas lottery vending machine scan your driver's license to check your age?
Yes, the Attorney General concluded. Transportation Code section 521.126 generally makes it an offense to access or use the electronically readable information on a driver's license, but it has an…
Are juvenile probation and parole officers in Virginia treated as law-enforcement officers for the enhanced VaLORS retirement plan?
No. Juvenile probation and parole officers described in Va. Code § 16.1-237 are not 'law-enforcement officers' for purposes of the Virginia Law Officers' Retirement System (VaLORS). The Retirement…
Whose opinion controls the term of an elected Florida school superintendent, the Attorney General or the Division of Elections?
The Attorney General's office declined to opine on the term of Lake County's elected superintendent. The question fell within the statutory jurisdiction of the Division of Elections, which had…
Can a Florida school board keep insuring former employees who don't meet the statute's definition of a retiree?
The AG concluded that section 112.0801 did not stop the Osceola County School Board from continuing to offer health insurance to former employees who left before 2007 and began participating then,…
Can a Florida city reserve a public softball field for women's teams only?
The AG concluded that the Florida Civil Rights Act (Chapter 760) would bar the Village of Palmetto Bay from making a municipal softball field exclusively available to female athletes, because that…
Can a Virginia public college deny student organizations access to facilities or activity-fee funding because of their viewpoint?
No on viewpoint grounds. Public colleges in Virginia may set reasonable conduct standards and time, place, and manner rules for student organizations, but recognition, facility access, and…
Does a Texas health plan have to cover as many mental-health outpatient visits as physical ones?
Yes, the Attorney General concluded. Insurance Code section 1355.004(a)(1)(B) sets a floor: a covered group health benefit plan must provide at least 60 outpatient visits per year for serious mental…
After Connecticut allowed same-sex marriage in 2008, did existing civil unions and state employee benefits continue?
Yes, under the law addressed in 2008. The Attorney General said the Kerrigan marriage ruling did not end existing civil unions or their state benefits, and couples could still enter civil unions…
Could same-sex spouses in Connecticut file a joint state income tax return after the 2008 Kerrigan ruling?
Yes, under the law and constitutional ruling discussed in 2008. The Attorney General concluded that same-sex spouses were entitled to the same Connecticut tax treatment as other married couples,…
Did Connecticut's marriage-license rules apply equally to same-sex couples after Kerrigan in 2008?
Yes, under the law addressed in 2008. The Attorney General said Connecticut's marriage eligibility and officiant statutes applied to same-sex marriages; the court's ruling did not dissolve existing…
Could a New Ellenton council member finish a term after a court ruled the member's home was outside city limits?
The AG concluded in 2008 that the member would forfeit the seat if the boundary order was final and no appeal changed it. The opinion also treated actions taken while holding office as acts of a de…
Did South Carolina's handgun-sales restriction prohibit police use of the Stinger S-200 device?
The AG said in 2008 that the cited statute regulated a licensed dealer's possession and sale of certain handguns, not police possession or use of the Stinger S-200. It left the device's physical…
Could Laurens County issue bonds for public parking near a private college pharmacy school?
The AG concluded in 2008 that the proposed county-owned, publicly available parking project served a public purpose and did not directly fund the private college, even though its school would…
Did South Carolina magistrates receive full pay throughout a four-to-ten-week National Guard absence?
The AG said in 2008 that magistrates qualified for paid military leave as county officers, but the cited statute generally limited it to fifteen scheduled workdays per year, with additional leave…
Did Virginia require overseas military voters to include a witness's printed name and address on a Federal Write-In Absentee Ballot in 2008?
For a standard Virginia absentee ballot, only the witness signature was required. A combined Federal Post Card Application and Federal Write-In Absentee Ballot required the witness’s signature,…
Could a 2008 Idaho ballot initiative require all debts, fines, taxes, and contracts to be paid only in gold or silver coin?
No. The Attorney General said Idaho could not declare gold and silver the only legal tender because Congress determines legal tender and has made Federal Reserve notes legal tender. The certificate…
Did a Washington real estate agent become a distressed-home consultant by arranging a short sale?
The Attorney General concluded in 2008 that a mere purchase offer did not make someone a distressed-home consultant. An agent arranging a short sale or other services could meet the definition…
Could South Carolina count an absentee ballot if the voter died after returning it but before election day?
The AG concluded in 2008 that such a ballot was subject to challenge because voting occurred on election day. Poll managers did not have to investigate every voter's status, but had to challenge a…
Can a Texas government agency release a vehicle's VIN under the open records law?
Yes, if the VIN stands alone. The Attorney General concluded that Government Code section 552.130, the Public Information Act exception covering driver's licenses, vehicle titles and registrations,…
Does 'contiguous' in New York's police-officer residency statute mean a county that physically shares a border, or just a county that is close by? Can a Syracuse police officer live in Oneida County?
The AG read ‘contiguous’ in Public Officers Law § 3(2) to mean sharing a border or touching. Because Oneida County does not touch Syracuse’s Onondaga County, the opinion concludes that Syracuse…
Does a Florida city have to pay a city commissioner's attorney fees after he is found guilty of an ethics violation?
Not based on this opinion. Florida's common-law rule lets public officials get publicly funded legal defense against official-duty misconduct charges, but only when that defense succeeds. Because…
Do Florida schools have to run background screening on utility company employees who need access to school grounds for repairs?
Yes, based on this opinion. A utility company employee who has access to school grounds and performs services under a paid contract with the school district was treated as a noninstructional…
Did a Virginia Commonwealth's attorney have to ask a circuit court's permission to stop handling an appealed misdemeanor case?
The opinion concluded that once a Commonwealth's attorney became 'counsel of record' by appearing in a particular court, Rules 1:5 and 1:13 of the Rules of the Supreme Court of Virginia applied to…
Did South Carolina's tax-record disclosure law require conviction before mandatory dismissal from public office?
The AG concluded in 2008 that the better reading required a criminal conviction before mandatory dismissal and five-year public-office disqualification for unlawfully disclosing tax records.
Could a Virginia county let landowners pull their land back out of a community development authority after it was created?
The opinion concluded that a Virginia county could not enact an ordinance creating a community development authority that permitted landowners to later release or withdraw their land from the…
Could the Virginia State Bar or private attorneys in 2008 pass credit card processing fees on to lawyers or clients?
The opinion concluded that neither Virginia nor federal law prohibited the Virginia State Bar or private attorneys from passing merchant credit card transaction fees through to attorney-licensees or…
Can a Texas navigation district regulate and permit waterfront structures within its boundaries?
Yes, within its statutory scope. The Attorney General concluded the Cedar Bayou Navigation District has express authority, under its enabling act and Water Code section 63.153, to regulate…
Can a Texas county hire a company owned by one of its county commissioners?
It is not automatically barred. The Attorney General explained that Local Government Code section 81.002(a), the commissioners' oath, generally prohibits a county judge or commissioner from being…
Did South Carolina's annual bus-inspection rule cover district-funded activity buses and private-school vehicles?
The AG said in 2008 that publicly owned or leased district buses, including activity buses, needed annual inspection regardless of state funding. Certain privately owned student vehicles also needed…
Did South Carolina's animal-cruelty exceptions each apply independently?
The AG concluded in 2008 that each listed exception in the animal-cruelty provision stood on its own and was not modified by the other exceptions.
Can a Florida homeowners association developer assign its development rights to another developer, and what happens to developer rights when control transfers to homeowners?
The opinion found that Chapter 720 does not address whether a developer can assign its development rights to another developer. It did note that when control of a homeowners' association transfers…
Could a South Carolina county open a satellite office for in-person absentee voting?
The AG concluded in 2008 that absentee ballots could be cast at properly established extension offices beyond the main registration office. Opening such an office was within the county governing…
How many emergency paper ballots did South Carolina machine-voting precincts have to keep in 2008?
The AG said the amended law set a ceiling of ten percent of registered voters, not a fixed minimum. Election officials chose the number, but had to ensure ballots remained available for qualified voters.
Was ten percent an exact emergency-ballot requirement at a South Carolina machine-voting precinct?
The AG told a state senator in 2008 that an amendment made ten percent a ceiling, not an exact required count. Election officials retained discretion but had to keep ballots available for qualified voters.
Could county real-estate assessment employees placed under a Virginia commissioner of revenue be sworn in as deputy commissioners?
Yes. The Attorney General concluded that real-estate assessment employees placed under the commissioner of revenue's supervision by board resolution effectively operated as the commissioner's…
What counts as 'owning a business' for someone appointed as a citizen member of a Florida Value Adjustment Board?
The opinion concluded that owning a business under section 194.015 meant owning a genuine commercial enterprise, occupation, profession, or trade with a physical presence in commercial space within…
Could a Washington city ban firearms on all city property by local ordinance?
The Attorney General concluded in 2008 that RCW 9.41.290 preempted a city ordinance banning firearm possession on city property or in city facilities for the general public, absent specific state…
Could South Carolina's DMV ban campaign-petition drives on its branch property and enforce the policy through trespass rules?
The AG predicted in 2008 that a court would likely treat DMV buildings and adjoining parking areas as nonpublic forums and uphold a reasonable, viewpoint-neutral ban on petitioning. Only a court…
Did Jacob’s Law require Lugoff-Elgin’s former charter buses to meet school bus safety standards?
The Attorney General said in 2008 that a court could read Jacob’s Law to exempt the band’s former charter buses, if designed to carry at least 30 passengers, from federal school-bus standards. The…
Can a county attorney who represents another taxing authority also represent that county's Value Adjustment Board?
No, based on this opinion. Once section 194.015, Florida Statutes, was amended in 2008 to require Value Adjustment Boards to hire private counsel, that counsel could not also represent the property…
Could Charlotte Court House appoint a town sergeant and contract with Drakes Branch for that officer's police services?
Yes. The Attorney General concluded that Charlotte Court House could appoint a town sergeant and other necessary officers under its charter. It could also enter a reciprocal police-services…
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