State AG Opinions
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Could Drakes Branch appoint a town sergeant under its amended charter and share that officer with Charlotte Court House?
Yes. The Attorney General concluded that the Drakes Branch charter let its council appoint a town sergeant when it considered the office proper and necessary. The two towns could also contract…
Are Texas civil-service laws that apply only to cities over 1.5 million (Houston) unconstitutional?
The Attorney General declined to say so as a matter of law. Two Local Government Code sections, 143.088 (a ban on paying for someone to retire or resign from a civil service job) and 143.1041…
Would Maryland law preempt a Baltimore ban on cigar packages containing fewer than five cigars?
The Attorney General concluded that State law did not preempt Baltimore City's proposed rule against selling packages containing fewer than five cigars. The opinion expressly left undecided whether…
Was airport-district property still tax exempt while leased to a private cabinet maker?
The Attorney General said in 2008 that a court could find the Greenville-Spartanburg Airport District’s leased property exempt because the district still owned it. The district could seek a refund…
Could Slater-Marietta Fire District raise its tax rate to a voter-approved 14-mill limit without a new vote?
Yes. The Attorney General concluded in 2008 that Slater-Marietta Fire District could raise its levy up to the 14-mill ceiling approved by voters in 2005, without another referendum or Greenville…
Could a public agency contract override the Blind Commission’s priority to operate vending facilities?
No. The Attorney General said in 2008 that if a contract between the Commission for the Blind and a public agency conflicted with the vending-facility statute, the statute would control and a court…
Could Surfside Beach ban smoking on its beach without making it a crime?
Yes, as a noncriminal rule. The Attorney General concluded in 2008 that a town could prohibit beach smoking by ordinance, but making the violation a crime would conflict with the state criminal-law…
Could a Florida police department outsource an officer's internal investigation and interrogation to a private investigator?
The informal opinion found nothing in Part VI of Chapter 112 that contemplated delegating the internal investigation and interrogation of a law enforcement officer to a private investigator. It…
Does the open-records 'radio station' exception cover a ham radio license holder in Texas?
Yes, the Attorney General concluded, based on the statute's plain language. Government Code section 552.275 lets a governmental body cap the time it must spend producing records for frequent…
Do vague agenda labels like 'City Manager's Report' satisfy the Texas Open Meetings Act?
No, the Attorney General concluded for the labels in question. Under the Open Meetings Act, a meeting notice must give the date, hour, place, and subject of the meeting, and the subject must be…
Could Maryland prosecutors charge the Public Defender for criminal discovery or other case records?
Prosecutors and agencies could not charge a criminal defendant for access to, or copies of, written discovery that Maryland's rules required them to provide. They could charge for optional copying…
Could a Florida city let a private company operating its building department set building inspection fees?
No, not as the final decision-maker. The informal opinion concluded that the municipal governing body remained responsible for adopting a reasonable inspection-fee schedule, though it could consider…
Can a Texas county bail bond board discipline a surety over an out-of-county bond?
Yes, the Attorney General concluded. A county bail bond board may revoke or suspend the license of a surety it licensed if the surety violates Occupations Code chapter 1704 or a board rule on a bond…
Does Georgia's 'doggy bag' wine law jeopardize $27 million in federal highway funding under the federal open container law?
No. The Attorney General read Georgia's open container statute (O.C.G.A. § 40-6-253) together with the new resealed-wine statute (O.C.G.A. § 3-6-4) to require that resealed bottles be transported in…
Could a Florida city collect impact fees outside its limits and impose an educational impact fee for school capacity?
The informal opinion said Chapter 180 allowed agreements with owners outside city limits for authorized municipal utilities. It viewed reliance on that chapter for educational impact fees as tenuous…
Could someone enter South Carolina pretrial intervention without first being arrested?
No. The Attorney General concluded that an individual could be admitted to South Carolina’s pretrial intervention program only after an arrest.
Could South Carolina voters wear campaign shirts or pins inside a polling place?
The Attorney General said in 2008 that campaign shirts, hats, pins, and similar materials should not be displayed or worn in absentee precincts or other polling places. The office agreed with poll…
Could Virginia's Department of Conservation and Recreation ban the open carrying of firearms in state parks under its general park-management authority?
No broader ban. The Attorney General concluded that the Department of Conservation and Recreation could restrict open carry in state parks only to the extent authorized by law and found no authority…
Did Florida's Condominium Act preempt the Florida Building Code or local building ordinances for condominium projects?
No. The informal opinion found nothing in the Condominium Act indicating that condominiums were removed from the Florida Building Code. It separately explained that the Act's surveyor certificate…
Could a Florida town commission make a prospective appointment to fill a vacancy under its charter?
The Attorney General's office did not interpret the town charter, but offered historical guidance that a prospective appointment was valid only if the appointing officer or body remained in office…
Could a federal magistrate judge with jurisdiction in Florida solemnize a marriage under Florida law?
A federal magistrate judge with jurisdiction in Florida would appear to qualify as a judicial officer authorized to solemnize marriages if the magistrate was vested with judicial powers under…
Did Connecticut's 2008 teenage-driver law require disclosure of older youthful offender driving records to the DMV?
No. The Attorney General concluded that the 2008 law requiring certain youthful offender driving records to be sent to the DMV applied only to offenses committed after its August 1, 2008 effective date.
Could a South Carolina tax increment district ignore parcels whose assessed value fell below the original value?
No. The Attorney General concluded that decreases in individual parcel values had to be reflected in the districtwide total used to calculate a municipality’s tax increment revenue. The county and…
When could a South Carolina coroner record the death of a brain-dead patient kept on life support?
The Attorney General concluded that, in appropriate circumstances, a coroner could exercise jurisdiction at the time of brain death and use that time on appropriate paperwork, even when life support…
Did a South Carolina school resource officer’s misdemeanor arrest rule apply to students under 17?
No. Under the law analyzed in 2008, the Attorney General said the school resource officer amendment applied only to students 17 or older because taking a child under 17 into custody was not an arrest.
Could South Carolina police send seized drug property directly to federal forfeiture authorities?
The Attorney General concluded that police could not bypass South Carolina’s mandatory drug forfeiture procedure by immediately referring seized property to federal authorities. Decisions to refer…
Could the Maliseet tribal court hear Maliseet child welfare cases under the 2002 Intergovernmental Agreement between the Houlton Band and the State of Maine?
No. The AG concluded the Intergovernmental Agreement only authorized transfer of Maliseet child welfare cases to the Penobscot or Passamaquoddy tribal courts, and the Maliseet tribal court could not…
In 2008, could a complainant obtain a Florida professional-licensing investigation after no probable cause was found?
No under the law discussed in this 2008 informal response. The Attorney General's office said Section 455.225 kept the complaint and investigative material confidential when a case ended without…
Did Florida police have to give a victim-rights brochure after every crime, including minor property crimes?
Yes. The AG concluded that police had to provide a victim-rights information card or brochure to every crime victim, without limiting the duty by the type of crime or whether the victim suffered…
In 2008, could a Florida county add its own surcharge to state civil traffic penalties?
No. The Attorney General concluded that Section 318.121 had preempted local fees, fines, surcharges, and costs added to civil traffic penalties since 1996, except for amounts expressly authorized by…
Were vacant lots held by a Florida Habitat for Humanity affiliate exempt from property tax before homes were built?
Not automatically. The affordable-housing exemption in section 196.1978 did not cover vacant lots that were not yet providing housing, while any broader charitable-use exemption depended on facts…
Could St. Augustine impose a fire-services special assessment on the Florida School for the Deaf and the Blind?
No. The AG concluded that the city could not impose the fire-services special assessment because the school’s real property was titled to the State of Florida and no statute authorized the local…
In 2008, did every Florida community development district need an annual financial audit?
Yes. The Attorney General concluded that Chapter 190's specific annual-audit requirement for community development districts controlled over the more general audit schedule for special districts in…
In 2008, who maintained sidewalks and medians along a county road inside a Florida city?
The city. The Attorney General concluded that a city was responsible for sidewalks and medians along county roads within its limits, unless the city and county had a maintenance agreement providing…
Did South Carolina appellate, circuit, and family court judges need individual surety bonds?
The Attorney General found no statute requiring individual bonds for Supreme Court justices or Court of Appeals, circuit, or family court judges. It said the Judicial Department could obtain a…
Did Florida's 1996 harbor-master amendment repeal Port St. Joe's special act?
The office declined a formal opinion because the request did not establish the port authority's duties over the harbor master. Informally, it said the legislative history did not indicate an intent…
Could a Florida county hire a private company to administer pet registration records containing confidential rabies information?
Yes. The AG concluded that a local government could contract with a private entity to administer animal registration, but the contractor had to apply the Public Records Act and protect exempt…
Could Sarasota County use court-facility surcharge revenue to renovate a courthouse tower and café?
Yes. The AG concluded that surcharge revenue could renovate the courthouse's structural tower and could also renovate the café if the county had determined that space was a reasonable and necessary…
Could a South Carolina state school bus carry private school students on its public school route?
No. The Attorney General concluded that Colleton County could not transport private school students on a state-owned bus alongside public school students traveling from Edisto Beach to Walterboro.
Did Florida's 2008 electronic-sale law let clerks charge an extra $60 on top of the existing judicial-sale fee?
The office declined a formal opinion on a clerk's authority. Informally, it observed that the final legislation appeared to replace an additional charge with the same $60 service charge used for the sale.
Is the Texas Association of Appraisal Districts subject to the open records law?
It depends on the facts, the Attorney General explained, and the opinion declined to decide it. Under the Public Information Act, a private organization is a 'governmental body' to the extent it…
Did Connecticut's 2008 prompt-payment law cover out-of-state doctors treating Connecticut residents?
The Attorney General did not give a definitive yes or no. In 2008, he found that amendments to Connecticut's insurer prompt-payment statute could support either coverage or exclusion of out-of-state…
Could Jasper County ban pants worn more than three inches below the hips, including for minors?
The Attorney General said the proposed ordinance could be upheld under county police powers and could impose the described duties on parents or guardians. It said violations involving minors…
In a Virginia DWI prosecution, can the breath-test number written on the arrest warrant prove the defendant's blood alcohol level?
No. The Attorney General concluded that the certificate of analysis was the proper evidence of a defendant's blood alcohol level; the number written on an arrest warrant was not a substitute.
When did a Florida board vacancy arise if a member resigned effective on a future date?
The letter said tender and acceptance of the future resignation created the vacancy for purposes of starting the replacement process. The member could still serve and receive compensation until the…
Who had to verify a petition to move a Washington county seat, and when could signatures be changed?
The Attorney General concluded in 2008 that the county commissioners had to make discretionary canvassing decisions themselves, while clerical tasks could be delegated. Signatures could be added or…
Did Sun City need the latest federal census to prove its population for South Carolina’s five-mile incorporation exception?
No. The Attorney General concluded that the population threshold for the five-mile incorporation exception was not limited to the latest federal census. It did not decide whether Sun City’s…
Could a South Carolina prosecutor make forfeiture of seized drug property part of a plea agreement?
Yes, the Attorney General concluded that a solicitor could seek or accept a defendant’s voluntary consent to forfeit seized drug-related property as part of a plea agreement. The forfeiture still…
How many service attempts were required before posting a South Carolina rule to vacate on an occupied home?
The Attorney General concluded that when the premises were not abandoned, the person serving a rule to vacate had to make two unsuccessful attempts under the ordinary service method before using the…
Can a Delaware water authority keep its auditor's management letter secret by claiming it belongs to the accounting firm, not the authority?
No, under the law as it stood in 2008. The AG found the Camden-Wyoming Sewer and Water Authority violated FOIA by withholding its outside auditor's management comment letter, ruling the letter was a…
Can a New York village require every tow truck on its rotational call list, including out-of-village towers, to drop towed cars at a yard inside the village, so residents can pick them up locally?
Yes. The AG concluded that a village local law requiring all rotational tow operators, regardless of where they are based, to tow to a yard inside the village does not facially violate General…
Could a business leasing Texas land seek a school property-tax value limit for buildings or equipment it owned?
Yes, under the law examined in 2008. A person that owned a qualifying building, improvement, or item of tangible personal property could apply for the chapter 313 appraised-value limitation even if…
Could a South Carolina physician practice acupuncture without an acupuncture license under the 2008 act?
The Attorney General concluded that a physician needed an acupuncture license under the 2008 act unless the physician qualified for a statutory exception. Medical licensure and prior acupuncture…
When did a South Carolina sheriff candidate need the required years of certified law enforcement experience?
The Attorney General concluded that a sheriff candidate had to possess the required years of certified law enforcement experience when filing for election. The candidate could not use the period…
Could a Virginia health regulatory board require a licensee on probation to tell out-of-state employers about restrictions on the Virginia license?
Yes. The Attorney General concluded that a Virginia health regulatory board's power to restrict a license included placing the licensee on probation and requiring disclosure of the Virginia…
Can a Texas county give a grant or financial aid to a school district or charter school?
Not as a gift, the Attorney General concluded. Article III, section 52(a) of the Texas Constitution bars a county from gratuitously granting its public money or anything of value to an independent…
Can a Texas county bail bond board vote to dissolve itself?
No, the Attorney General concluded. In a county with fewer than 110,000 people, Occupations Code chapter 1704 lets the relevant officials choose whether to create a bail bond board, but the statute…
Could Florence County move its criminal court to Effingham without a countywide vote?
The Attorney General concluded that moving criminal court proceedings from Florence to Effingham would likely amount to a substantial courthouse relocation. Under the law it analyzed, that required…
Does adopting collective bargaining (FPERA) change how many assistant fire chiefs a Texas city's fire chief can appoint?
Adopting the Fire and Police Employees Relations Act did not strip the fire chief of the authority to appoint top assistants; it removed the numerical cap on how many he could appoint. Under Local…
Could Baltimore require owners to report a lost or stolen gun without violating Maryland's firearms preemption law?
The Attorney General concluded that Baltimore's proposed requirement to report a lost or stolen gun within 48 hours of discovering the loss was not preempted by the State firearms law examined.…
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