State AG Opinions
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Does Fauquier County's zoning ordinance for farm wineries go beyond what Virginia law lets a county regulate?
Yes, in part. The ordinance regulates by-right winery activities (production, on-premises tasting, sale, shipment, storage) that §§ 15.2-2288.3 and 4.1-128 expressly bar localities from regulating. Th…
Do members of Virginia Indian tribes need a hunting or fishing license in Virginia, and do state game laws apply to them?
No license is needed if the person habitually resides on a reservation or is a member of a Virginia-recognized tribe living in the Commonwealth. Members of tribes that signed the Treaty of 1677 can al…
Can a Virginia county cap or require approval of water rates that a town inside the county charges to county residents?
No. The AG concluded that Fairfax County had no authority to cap, review, or require approval of the water rates the Town of Vienna set for its water customers, including the roughly 40% of Vienna's u…
Does the local business license tax exemption for railroads also cover a Class I railroad's transloading subsidiary?
Not automatically. The AG concluded a Class I railroad's transloading subsidiary did not qualify for the local business license tax exemption under § 58.1-3703(C)(1) unless it had been certified by th…
Can a Florida county appoint a county administrator who is not a certified correctional officer as the jail's chief correctional officer?
In informal comments, the AG found no requirement that a county's chief correctional officer be a certified correctional officer when that person's primary duties do not include the direct supervision…
Can a Tennessee bar or restaurant refuse entry to people wearing motorcycle club colors, or does that violate civil rights laws?
Yes, a private bar, restaurant, or similar establishment can deny admittance to people wearing motorcycle club insignia. The First Amendment and Fourteenth Amendment constrain only government action; …
When an Arizona legislative seat opens up in a district that crosses county lines, do the three nominees to fill the seat all have to live in the same county as the legislator who left?
Yes. Under A.R.S. § 41-1202(A), nominees to fill an Arizona legislative vacancy in a multi-county district must reside in the same county as the vacating legislator. The 1999, 2002, and 2012 amendment…
Does a West Virginia county commission have to provide ambulance service, and how can it pay for it?
Yes, but with a money-availability caveat. The AG concluded that W. Va. Code § 7-15-4 requires county commissions to make emergency ambulance service available where it is not otherwise available, but…
When did Virginia start hiding concealed handgun permit information from the public, and does it cover permits issued before that date?
The amendments to Va. Code § 18.2-308(D) took effect on July 1, 2013. From that date forward, the clerk of court must withhold from public disclosure the applicant's name and any other information con…
Can a Virginia locality without a merchants-capital ordinance still tax short-term rental property like cars and party rentals as tangible personal property?
No. After a 2010 amendment to Va. Code § 58.1-3510.6(E), short-term rental property is a distinct sub-class of merchants' capital, not tangible personal property. A locality may tax it as merchants' c…
Can a Virginia town or county legally run a Trap-Neuter-Release program for feral cats?
A Virginia locality may humanely trap feral cats and have them sterilized by a licensed veterinarian. The locality may NOT release sterilized cats back to where they were captured or anywhere in the w…
When a Virginia locality refinances school bonds and saves money on debt service, can the school board reallocate that surplus to other school needs?
If the local governing body appropriated funds to the school board in a lump sum, the school board may keep and reallocate debt service savings from bond refunding. If the governing body appropriated …
In Virginia, who decides courthouse security rules: the chief judge, the judges collectively, the sheriff, or the court administrator?
The chief judge or the circuit judges collectively can make courthouse security rules, including a rule that allows cellular phones inside. They can't delegate that rulemaking authority to a court adm…
Can a Virginia legislator raise money for Super PACs and federal party accounts during the General Assembly session?
Mostly yes. The AG concluded that during a regular session of the Virginia General Assembly, a member could solicit or accept contributions on behalf of candidates in other states, federal PACs, feder…
Can a Virginia general district court order postrelease supervision for two misdemeanor failure-to-register convictions, and can it task VDOC with the supervision?
Yes. A general district court may order postrelease supervision for a misdemeanor first violation of § 18.2-472.1(A), but only six months per conviction. The court can direct VDOC to oversee the super…
Can Tennessee criminalize the use of a bank's name or non-public loan information in a solicitation without specific disclosures, or does the First Amendment protect that speech?
Yes, Tenn. Code Ann. § 45-2-1709(a)(1)(D) and (E) are constitutional. The mandatory bold-face disclosures (solicitor identity, non-affiliation statement, no-sponsorship statement, and source of loan i…
If an Arizona school district opens a new district-sponsored charter school, can it still claim Rapid Growth funding for students who shifted from the district's traditional schools to its charter schools?
When an Arizona school district opts to fund a district-sponsored charter school under A.R.S. § 15-185(A)(3), all charter school pupils must be excluded from the district's Rapid Growth calculation un…
Does an Arizona alarm-installation business already licensed by the Registrar of Contractors also need to register with the Board of Technical Registration, and what convictions disqualify alarm operators?
An Arizona alarm business may be licensed either by the Registrar of Contractors or by the Board of Technical Registration; it does not need both. Only BTR-certified businesses must comply with the fu…
Can a West Virginia county accept private donations to digitize property and mineral records and extend courthouse hours, and does it have to use competitive bidding for the digitization?
The AG concluded that the county commission may accept private monetary donations for digitization or extended hours, as long as the donations are unsolicited and benefit the county as a whole rather …
Can Tennessee require home-schooled students to attend a Tennessee home school for two years before graduation to qualify for the HOPE scholarship?
Yes. The 2-year-Tennessee-home-school requirement in Tenn. Code Ann. § 49-4-902(23) is defensible against an equal protection challenge under rational basis review. Tennessee home schools are separate…
Is Connecticut's Department of Housing a 'public housing agency' under federal law, so it can participate in federal public housing programs directly?
Yes. The Connecticut AG concluded that the Department of Housing meets the federal definition of 'public housing agency' under 42 U.S.C. § 1437a(b)(6) and can participate in programs authorized under …
Can a Georgia city or county make the State follow its post-development stormwater rules and pay impact fees for state construction projects?
No on the regulation: the state and its agencies (including GSFIC and its construction projects) were not required to obtain post-development stormwater permits or to enter stormwater facility mainten…
Who in Tennessee can legally use flashing blue lights on a vehicle, and can funeral escort services run blue lights or sirens?
Full-time, salaried, uniformed law enforcement officers may use flashing blue lights on personal vehicles when their official duties so require, on or off duty. Reserve officers can use blue lights on…
Can a Tennessee clinical lab pay an EHR software company to install software for a physician's office that refers specimens to the lab?
No, not for Tennessee physician practices. Tenn. Code Ann. § 68-29-129(7) prohibits implied or unearned remuneration to physicians who refer specimens, and paying a third-party EHR vendor on the docto…
Does Florida's Sunshine Law require a city commission to approve the final written employment contract at a public meeting if the terms were already approved publicly?
No. The AG concluded that the Sunshine Law does not require a town commission to present, consider, and re-approve a final drafted employment contract at a public meeting when the terms were already a…
Can Tennessee charge Shelby County drivers outside Memphis a fee to help pay for Memphis's vehicle emissions testing program?
TDEC and the Air Pollution Control Board have authority under Tenn. Code Ann. § 11-1-101(f) and § 68-201-105(a)(1)(A) to set fees for an emissions program. But charging non-Memphis Shelby County motor…
Can the Tennessee legislature extend the term of the Shelby County General Sessions Court Clerk so the election lines up with other Shelby County offices?
Yes, the General Assembly may extend the clerk's term by amending Chapter 123 of the 1941 Private Acts, but the amendment must be approved by either a two-thirds vote of the Shelby County Commission o…
Are records in a Tennessee county mayor's office subject to the county public records commission, and what happens if someone destroys them without authorization?
Yes, records in the county mayor's office are public records under Tenn. Code Ann. § 10-7-403 and subject to the county public records commission. County offices may destroy public records without com…
Does Texas have to pay hurricane claims that TWIA can't cover?
A House committee chair asked whether the State of Texas is legally obligated to pay windstorm and hail losses that exceed what the Texas Windstorm Insurance Association (TWIA) can pay. The AG conclud…
Can a Texas water district make rules about weeds and illegal dumping?
State Senator Glenn Hegar asked whether a water control and improvement district (WCID) can adopt and enforce rules on weed control and illegal dumping. The AG concluded that a WCID has only the power…
Can a private company pay a Texas county to fix specific roads?
A county auditor asked two questions about letting a private company fund repairs to specific county roads, where the construction company bills the county, the county passes the bill to the company, …
Can Texas deny housing tax-credit points for funding from a related party?
Senator Leticia Van de Putte asked whether the 2013 Qualified Allocation Plan that Texas's housing agency (TDHCA) uses to award low-income housing tax credits complied with Government Code section 230…
Does a Washington transit agency need a public vote to start a high-capacity transportation system if it isn't using the state's dedicated tax sources?
It depends on the committee structure. The AG concluded that voter approval of the system plan was only required if the transit agency participated in a 'joint regional policy committee', which mainly…
Can the Carroll County Watershed Authority issue refunding bonds to refinance its lake-project debt, and how much new debt can it issue?
The CCWA may issue bonds for capital projects related to developing Carroll County resources, capped at a $12 million total under Tenn. Code Ann. § 64-1-804(a)(7). It has no authority to issue refundi…
Can a Virginia driver be charged with reckless driving for using their cell phone even if the specific texting-while-driving statute does not apply?
Yes. As of July 1, 2013, HB 1907 made texting/emailing while driving a primary offense under § 46.2-1078.1. But the reckless driving statute (Va. Code § 46.2-852) operates independently. A driver who …
Can the Virginia General Assembly directly give state money to charities like Operation Smile or local free clinics, or does the state constitution block that?
Mixed. Article IV, § 16 of the Virginia Constitution bars the General Assembly from making 'any appropriation of public funds ... to any charitable institution which is not owned or controlled by the …
Can a Virginia school board pay capital renovation costs for a regional Governor's School building owned by another county's school board?
No. The Loudoun County School Board has no general statutory authority to pay capital renovation costs for school property that is wholly owned and operated by another school board (here, the Fairfax …
If a homeowner gives HUD a second mortgage that's subordinate to a previously-recorded first deed of trust, does Virginia recordation tax still have to be paid?
Yes. A subordinate mortgage giving a security interest to HUD is subject to Virginia state and local recordation taxes. The § 58.1-809 exemption applies only to truly supplemental writings that modify…
Does a Virginia inmate's jail sentence stop running when he's transported to another jurisdiction for a court appearance?
No. A Virginia jail sentence does not stop running (is not tolled) when the inmate is briefly transported to another jurisdiction to appear in court. The home jail must credit the inmate for all time …
Is a BOCES staff member who investigates state test security breaches on behalf of the State Education Department covered by the state's defense-and-indemnification statute, even though the State doesn't pay them?
Yes. The AG concluded that a BOCES district superintendent's staff investigator, when designated as an integrity officer and conducting test security breach investigations under State Education Depart…
Could the Jekyll Island Authority adopt a task force recommendation that would change how it measures Jekyll Island for the 65/35 development cap?
No, not as written. The Jekyll Island Authority did not have discretion to adopt the 65/35 Task Force recommendation to the extent it would have used measurement reference points other than Mean High …
After a Florida lawsuit ends in a dismissal with prejudice, can a public board keep its closed-meeting transcripts secret because a related derivative claim was filed?
No. The AG concluded that a dismissal with prejudice is the conclusion of the litigation, so under section 286.011(8)(e) the transcripts of the board's closed strategy meetings become public record. T…
Is a Florida county a 'public entity of the state' for purposes of a federal program like the FAA drone test-site selection?
Yes. In a validation letter to the FAA, the AG confirmed that Hernando County, a non-charter county, is a political subdivision and public entity of the State of Florida under Article VIII, section 1 …
In Virginia, can a doctor issue a Do Not Resuscitate order verbally, in person or by phone?
Not a Durable DNR Order. Virginia law defines that as a 'written physician's order' issued under § 54.1-2987.1. But a physician who is physically present with a patient in cardiac or respiratory arres…
Does letting agriculture happen 'by right' in a Rural Residential zone turn it into an agricultural zone under Virginia's Right to Farm Act?
No. The AG concluded that allowing agriculture as a 'by right' use in areas zoned Rural Residential did not create an 'agricultural district or classification' under § 3.2-301 of the Right to Farm Act…
Did Maine's 2013 AG opinion say the Legislature can pass a continuing resolution to keep state government funded if the Governor vetoes the budget and the Legislature can't override?
No. The AG's short answer was that the Maine Constitution and statutes neither authorize nor envision a continuing resolution or any similar federal-style mechanism. Because Maine requires a balanced …
Can Tennessee legally ban billboard advertising of alcohol in counties that vote dry, and what happens if a city inside a dry county votes wet?
Yes. Tenn. Comp. R. & Regs. 0100-03-.05(1), which bans sign and billboard advertising of alcohol in counties that have not legalized alcohol sales, survives First Amendment review under Central Hudson…
What happens when a town justice's term expires but no candidate was on the ballot to replace them? Can the town board appoint someone, or is a special election required?
The town board cannot appoint. The vacancy must be filled by a special election called by the Governor at his discretion, or by the next general election. The new justice's term begins January 1 follo…
Can a village school crossing guard direct traffic at an intersection that is several blocks from the school, and is the guard's authority limited to intersections that touch school property?
A village school crossing guard can control traffic anywhere within the village if the purpose is to protect children going to and from school. The original 1956 statute had a two-block-or-200-yard li…
Does Surry County have to charge the new regional transportation taxes that HB 2313 imposed on Hampton Roads localities?
No. The 2013 Transportation Funding Bill (HB 2313, Chapter 766) imposed regional taxes only on localities 'located in' a planning district meeting specific population, registered vehicle, and transit …
Does a Virginia concealed handgun permit require a firearms training course taught by a Virginia-certified instructor, or does any state's certification count?
Any state. The phrase 'state-certified' in Va. Code § 18.2-308(G)(7) and (P1)(7) refers to a firearms instructor certified by any state in the United States, not just by Virginia. The statute does not…
Can Virginia police or sheriffs ticket cyclists who blow through stop signs on the W&OD Trail?
Yes, but with a catch. If the Northern Virginia Regional Park Authority has properly adopted stop signs on the Washington & Old Dominion Trail as a rule or regulation under the Virginia Park Authoriti…
Can Charlottesville reserve city parking for fuel-efficient vehicles?
Yes. The AG concluded that the City of Charlottesville could lawfully erect signs on city-owned property reserving parking spaces for 'Low Emitting/Fuel Efficient Vehicles Only,' under its general par…
How must Virginia counties spend transient occupancy tax revenue above 2%, and who must they consult?
Counties listed in § 58.1-3819 (Wythe and similar) had to spend any transient occupancy tax above 2% on tourism, attracting travelers, increasing lodging occupancy, and generating tourism revenue, wit…
Did Maine's 2013 AG opinion say undocumented immigrants are eligible for Maine's General Assistance benefits?
The opinion analyzed the federal PRWORA framework (8 U.S.C. section 1621) that generally bars undocumented immigrants from state public benefits unless the State affirmatively re-authorizes eligibilit…
Can a West Virginia county business development authority use coalbed methane severance tax money to renovate a building that will serve as its headquarters?
Yes, with county commission approval. The AG concluded that renovating the Clay County Business Development Authority's headquarters and meeting facility falls within the permissible statutory uses of…
Who starts a Tennessee deannexation vote, and do residents have a state constitutional right to demand one?
Under Tenn. Code Ann. § 6-51-202, only the city or town legislative body can start a deannexation referendum, and it must do so by ordinance. The general charter-referendum provisions in § 2-5-151 don…
Can a Tennessee city or county buy used equipment from a private seller without bidding, using Craigslist prices to set value?
No. The AG concluded a website listing of similar used items is not a 'nationally recognized publication' establishing fair market value under Tenn. Code Ann. § 12-3-1003(b). To purchase used or secon…
Can Texas Medical Board investigators carry a concealed handgun on the job?
The Texas Medical Board asked whether it could let its investigators who hold a concealed handgun license (CHL) carry a concealed handgun while on duty without exposing the Board to liability. The AG …
Is a municipal electric energy cooperative like CMEEC a political subdivision of Connecticut, so its records fall under the state records management program?
Yes. The AG concluded that municipal electric energy cooperatives like CMEEC are political subdivisions for Conn. Gen. Stat. § 11-8 purposes, so the State Librarian's records management and retention …
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