State AG Opinions
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Can the board directors of a Texas water authority enroll in the district's employee health care plan?
No, the Attorney General concluded. The Lower Neches Valley Authority is a conservation and reclamation district subject to chapter 49 of the Water Code. Section 49.069(c) lets the board provide…
Could a Kentucky county make a short-term loan to a startup as an economic development incentive?
The AG said McCracken County appeared to have authority to offer a short-term loan to a startup if it served a legitimate public purpose. The opinion did not decide whether the proposed loan met…
Can a Texas state agency rule exempt a child-care program from licensing if the statute doesn't list that exemption?
No. The opinion read section 42.041(b)'s child-care licensing exemptions as exclusive: Rule 745.117(4) is invalid to the extent it exempts a program the statute does not. The request gave no facts…
Can South Carolina and North Carolina draw a straight border when the original 1772 survey markers are lost?
The Attorney General concluded that the boundary commissions had to make an extensive effort to retrace the 1772 line using the best available evidence. They could not replace it with a straight…
Could Florence County pay to repair a church-owned building leased to a Boys and Girls Club?
The Attorney General said support for the Boys and Girls Club’s youth programs could serve a public purpose, but could not decide whether the roof payment primarily benefited the club or private…
Could the Virginia Department of Health require a surveyed plat with an application for a private well construction permit?
Yes. The Attorney General concluded that the Department of Health could require a survey plat with a private-well permit application. The required site plan had to show property boundaries, sewage…
Could a Virginia town with a police department provide police services to a town with no police force and receive that town's fines to pay the officer?
No. The Attorney General concluded that § 15.2-1726 did not authorize the proposed agreement because the second municipality had no police force or authority to establish one. Without a valid…
Did Connecticut need property review board approval to transfer the Stratford Shakespeare Theatre to the town?
No property review board approval was required under the statute the Attorney General found controlling. The 2005 transfer of the Theatre's land and buildings to Stratford fell under a law for…
Can a Texas city or county limit housing density or lot size through subdivision platting in a city's extraterritorial jurisdiction?
It depends, and the Attorney General would not resolve it. Chapters 212 and 232 of the Local Government Code let cities and counties regulate plats and subdivisions, including in a city's…
Does a judge on a Florida children's services council count toward the vote needed to raise its property tax rate?
No. The AG said the judge was barred from voting or participating in setting ad valorem taxes, so the judge could not be counted when calculating the council vote required for a millage rate under…
Can a Florida city commission abolish its charter-created city clerk and treasurer jobs without a voter referendum?
No. The AG concluded that Indian Rocks Beach had to submit a charter amendment abolishing its city clerk and treasurer offices to voters. The unanimous-vote exception for abolishing municipal…
When does a Florida police department's 24-hour deadline start for sending a domestic violence report to a shelter?
The AG said the 24-hour period begins when the law enforcement agency's records custodian timely receives the initial report for filing. The agency, rather than the investigating officer or…
Can a Florida city give a historic preservation property tax exemption to an apartment building whose historic facade is visible from the street?
The AG said Coral Gables could treat a designated apartment building as regularly open to the public when its facade is the historically significant feature and visitors can observe it from a…
Could a Connecticut animal control officer enter a home to impound a dog that a resident had taken in?
Not under the roaming-dog statute on the facts presented. The Attorney General said animal control officers could not use that statute to seize a dog already in a resident's care or enter a home to…
Can a Texas Lottery Commission member host or sponsor a political fundraiser or solicit campaign contributions?
Possibly not, depending on the facts. Government Code section 467.025(a)(5) bars a Lottery Commission member from directly or indirectly coercing, commanding, or advising anyone to contribute…
Can the Governor of West Virginia (or his chief of staff) freeze discretionary salary increases at an independent Chapter 30 licensing board, like the Board of Dental Examiners, that is funded entirely from licensure fees and does not report to a cabinet secretary?
No. The AG concluded that the West Virginia Board of Dental Examiners, a Chapter 30 licensing board, is statutorily independent of the Governor's executive control. The Legislature gave the Board…
Can a Delaware city committee meet privately to interview vendors competing for a public contract?
Yes, on the substance, the AG found: interviewing and ranking competing engineering firms' confidential proposals qualified for FOIA's trade-secrets exemption. But the city still violated FOIA…
When is a wild animal 'previously captured' so that beating or killing it counts as criminal animal cruelty in Texas?
A wild animal counts as 'previously captured' if it was confined against its will at some point before the cruel act. The Attorney General was asked to define 'previously captured' in Penal Code…
Can a Texas county commissioner also be paid as an employee of the county sheriff's department?
No. The Attorney General concluded that Local Government Code section 81.002(a), which requires a county commissioner to swear not to be interested, directly or indirectly, in a contract with or…
Does a South Carolina county library director report to the library board or the county administrator?
The Attorney General concluded that the chief librarian reported to the library board, not the county administrator or a county division director. The board held supervisory, hiring, and likely…
Could a water district restore paid retiree health benefits for former elected directors?
The California Attorney General concluded in 2008 that the district could restore benefits for directors meeting the stated service and election-date conditions, even after a pause in its policy.…
Can a Texas auto shop put a mechanic's lien on a car it never actually repaired?
No. The Attorney General concluded that Property Code section 70.001(a) gives a possessory lien only to a worker 'who by labor repairs' an article, including a vehicle. If a shop performs no…
Does filing a campaign treasurer appointment or hinting at a run force a Texas constable to automatically resign under resign-to-run?
A campaign treasurer filing alone does not trigger automatic resignation under the Election Code, a rule the opinion said a court would likely uphold. Whether this constable announced his candidacy…
Should a South Carolina magistrate or circuit judge hear bond requests after a youthful offender violates conditional release?
The Attorney General found no clear statutory bond procedure for a youthful offender returned to custody after violating conditional release. Comparing that release to parole, he recommended…
Could a South Carolina homebuilder sell online raffle tickets for a chance to win a house?
No, under the law the Attorney General analyzed in 2008. A paid ticket for a chance drawing to win a house supplied a prize, consideration, and chance, making the builder’s proposed scheme a…
Does a South Carolina disabled parking placard waive a flat event parking fee?
The 2008 Attorney General opinion said a placard did not automatically waive a fee charged during an entertainment event. The statutory exemption applied if the space was metered or timed, such as…
Did Chester County repeal its public auction rule for forfeited land when it adopted the general state law?
The Attorney General concluded that statewide Title 12 provisions had not themselves repealed Chester County’s 1945 forfeited land law. It said a court could find that a later county ordinance,…
Does a Texas county judge lose magistrate powers when the county court loses its criminal and civil jurisdiction?
No. The Aransas County Attorney asked whether the 2001 creation of a county court at law, which stripped the constitutional county court of its probate, juvenile, civil, and criminal jurisdiction,…
Could a Florida charity sell instant bingo tickets without live bingo, or dispense them from a money-operated machine?
The AG concluded that an authorized organization could sell instant bingo tickets only where live bingo games were conducted. A money-operated machine dispensing tickets that could win a chance…
Does a Texas school district's TRS contribution use the teacher minimum salary including the temporary 2006 $250 raise?
No. The Commissioner of Education asked how to read Education Code section 21.402 when calculating a school district's share of the state's Teacher Retirement System (TRS) contribution. Government…
Does paying for individual health insurance through a pre-tax cafeteria plan make it an employer plan and block Texas Risk Pool eligibility?
It can, but the key questions are facts the Attorney General could not resolve. The senator asked whether paying individual health-plan premiums through a cafeteria plan funded entirely by pre-tax…
Did South Carolina bankruptcy and homestead exemption amounts need an inflation adjustment on July 1, 2008?
Yes. The Attorney General concluded that the amounts listed in the amended exemption statute, including the homestead amount, had to be adjusted for the Southeastern Consumer Price Index on July 1,…
Can a Texas county tax assessor-collector pay deputies extra from certificate-of-title fees without commissioners court approval?
No. The Frio County Attorney asked whether the county tax assessor-collector (TAC) could give her salaried deputies extra pay out of the $5 portion of certificate-of-title fees the office collects…
Can a Texas county clerk pay her deputies extra from the records management and preservation fund without commissioners court approval?
Mostly no. The Frio County Attorney asked whether the county clerk could supplement her deputies' pay out of the clerk's records management and preservation fund without going through the…
Could a LAFCO add land to a proposed new city beyond the petition boundaries?
The California Attorney General concluded in 2008 that a Local Agency Formation Commission could enlarge the boundaries of a proposed incorporation. The Act let the commission approve a proposal…
Could a regional park ranger exercise peace officer powers outside the park district?
The California Attorney General concluded in 2008 that a qualifying paid district ranger could exercise peace officer powers statewide when carrying out primary duties or responding to a public…
Could Maryland recover teacher retirement contributions because a school, college, or library received other public aid?
The Attorney General concluded that statutory changes barred recovery merely because local school boards received State or local categorical aid for positions in the Teachers' Systems. College and…
Which establishes a person’s age in South Carolina when a Georgia birth certificate conflicts with a driver’s license?
The Attorney General concluded that South Carolina courts would treat the Georgia birth certificate as controlling proof of the person’s birth date in the situation presented. A contrary date on a…
Could Polk County apply residential zoning to a proposed shooting range despite Florida's firearm preemption laws?
The Attorney General said Polk County could apply existing zoning and land-use rules when siting a proposed sports shooting range. It could not enforce newly created or amended zoning or land-use…
Could Anderson County fund another provider’s water system with sales tax revenue without a separate utility referendum?
The Attorney General concluded that a county merely appropriating capital projects sales tax proceeds to another water provider generally did not need the separate constitutional water-utility…
Do Dorchester County nuisance and littering ordinances apply outside its zoned areas?
Yes. The Attorney General concluded that Dorchester County’s nuisance and littering ordinances were general county rules regulating conduct, not zoning ordinances, and therefore applied throughout…
Did Vermont's industrial hemp bill, H. 267, become law when the Governor took no action on it after the legislature had already adjourned?
Yes, it more likely than not became law. Under Vt. Const. ch. II § 11, a bill becomes law if the Governor neither signs nor returns it within five days after presentation. The narrow adjournment…
Could Orlando issue more temporary fireworks sales permits after the 2008 task force report?
The Attorney General's office said the 2008 task force report did not, by itself, lift the statutory cap on temporary fireworks retail permits. The law tied the stated exception to enactment of…
Could a Connecticut state marshal bill mileage for an unsuccessful service attempt or an indirect route?
No. In 2008, the AG concluded that mileage fees were payable only after successful service and were calculated using the most direct route from where the marshal received the process to the place of…
Did Florida require a public works bond for a county contract to clear aquatic weeds?
The Attorney General said aquatic weed removal had no apparent connection to construction or improvement of a fixed work. He did not decide whether Citrus County's particular contract was a public…
Could a reporter see names of Florida correctional officers reassigned during an internal investigation?
Yes, for the administrative-duty records described to the Attorney General. Although the complaint and information obtained through its investigation were confidential while the inquiry remained…
What cause and procedure did South Carolina require to remove a county veterans affairs officer?
The Attorney General concluded that a majority of the county’s senators and a majority of its house members could remove its veterans affairs officer for cause. Cause depended on the facts, and the…
Does a Texas school district have to pay municipal impact fees for new school construction?
No, not unless it agrees to. The Commissioner of Education asked, for the Spring Independent School District, whether impact fees can be imposed on school district property under chapter 395 of the…
Can a Texas county officer keep collected fees in a personal bank account instead of the county treasury?
No. The Montague County Attorney asked whether county officials who collect fees (the sheriff, county clerk, district clerk, and two justices of the peace) could put those funds in individual bank…
Does keeping a boat at a seasonal Fire Island marina on a 17-day transient permit count as a 'residence' that lets a mainland volunteer firefighter offer ongoing help to the Davis Park Fire Department?
No. General Municipal Law § 209-i(1-a) lets a non-member volunteer firefighter give ongoing assistance to another company if the firefighter is regularly in the area because of 'residence or usual…
Can a countywide wet/dry vote in Texas change the alcohol rules in a city or precinct that already voted dry?
No. The Brazoria County Criminal District Attorney asked what could be sold, and what county clerks could certify, in three areas (former Justice Precinct 5, the City of Sweeny inside it, and the…
Could a South Carolina sheriff’s deputy serving as a school resource officer also sit on a town council?
The Attorney General concluded that simultaneously serving as a sheriff’s deputy assigned as a school resource officer and as a town council member would most probably violate South Carolina’s…
Did the South Carolina AG consider a government display including the Ten Commandments and Lord’s Prayer constitutional?
In 2008, the Attorney General predicted a court would likely uphold the proposed display of thirteen historical documents, including the Ten Commandments and Lord’s Prayer. He based that prediction…
Can a Georgia juvenile-justice probation officer draft delinquency petitions and assist with prosecution paperwork without practicing law without a license?
Yes for paperwork, no for prosecution. Probation staff may help district attorneys gather files and draft delinquency petitions, but they cannot conduct accusatory proceedings or sign off as the…
Can a New York elected county sheriff appear in a public service announcement about handicapped parking, paid for with mandatory surcharge dollars collected from people who violated those parking laws?
No. Public Officers Law § 73-b prohibits any elected official from appearing in an advertisement (including a public service announcement) paid for with funds of the state, a political subdivision,…
Can someone serve on a New York city's board of ethics and on the local school board at the same time, or are those positions incompatible?
Incompatible. City board of ethics members are public officers holding a 'city office' because the board exercises sovereign authority, sets its own procedures, and renders the city's final…
Could Connecticut require gas stations to offer a cash discount despite federal franchise law?
The Attorney General concluded in 2008 that federal law did not prevent Connecticut from requiring gasoline cash discounts or banning franchise terms that prohibited them. Either change would…
Which felony convictions involving dishonesty or breach of trust affected work in the insurance business under federal law?
The Attorney General identified South Carolina felony breach of trust with fraudulent intent as relevant to the federal insurance restriction. He found no complete definition of felony “dishonesty”…
Can a New York village set up a 'do not deliver' registry and pass a local law fining anyone who drops unwanted phone books or other unsolicited print materials on registered residents' property?
The proposed registry concerns a subject within the village's home-rule authority, and the AG found no apparent conflict with state statutes. The opinion does not decide whether the proposal is…
How must a Texas water district value leased lakefront land it is selling to the tenants?
As encumbered by the existing leases. Senator Kip Averitt asked, about the Brazos River Authority's plan to sell Possum Kingdom Lake property to its long-term residential lessees, whether the land…
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